PUBLIC DOCUMENTS. 



601 





any case, be content that his oath shall go unkept, on 

 a mere unsubstantial controversy as to how it shall be 

 kept '. 



Again, in any law upon this subject, ought not all 

 .it'eguards of liberty known in civilized and hu- 

 mane jurisprudence to be introduced, so that a free 

 man be not, in any case, surrendered as a slave? And 

 might it not be well, at the same time, to provide by 

 law for the enforcement of that clause in the Constitu- 

 tion which guarantees that "the citizens of each State 

 shall be entitled to all privileges and immunities of 

 citizens in the several States " ? 



I take the official oath to-day with no mental reser- 

 vations, and with no purpose to construe the Constitu- 

 tion or laws by any hypocritical rules. And while I 

 do not choose now to specify particular acts of Con- 

 gress as proper to be enforced, I do suggest that it 

 will be much safer for all, both in official and private 

 stations, to conform to and abide by all those acts which 

 staud unrepealed, than to violate any of them, trusting 

 to find impunity in having them held to be unconsti- 

 tutional. 



It is seventy-two years since the first inauguration 

 of a President under our National Constitution. Dur- 

 ing that period, fifteen different and greatly distin- 

 fuished citizens have, in succession, administered the 

 xecutive branch of the Government. They have 

 conducted it through many perils, and generally with 

 great success. Yet, with all this scope for precedent, 

 I now enter upon the same task for the brief constitu- 

 tional term of four years, under great and peculiar 

 difficulty. A disruption of the Federal Union, here- 

 tofore only menaced, is now formidably attempted. 



I hold that, in contemplation of universal law, and 

 of the Constitution, the Union of these States is per- 

 petual. Perpetuity is implied, if not expressed, in the 

 fundamental law of all National Governments. It is 

 safe to' assert that no Government proper ever had a 

 provision in its~organic law for its own termination. 

 Continue to execute all the express provisions of our 

 National Constitution, and the Union will endure for- 

 everit being impossible to destroy it, except by 

 some action not provided for in the instrument itself. 



Again, if the United States be not a Government 

 proper, but an association of States in the nature of 

 contract merely, can it, as a contract, be peaceably un- 

 made by less than all the parties who made it? " One 

 party to a contract may violate it break it, so to 

 speak ; but does it not require all to lawfully re- 

 scind it? 



Descending from these general principles, we find 

 the proposition that, in legal contemplation, the Union 

 is perpetual, confirmed by the history of the Union 

 itself. The Union is much older than the Constitution. 

 It was formed, in fact, by the Articles of Association 

 in 1774. It was matured and continued by the Decla- 

 ration of Independence in 1776. It was further matured, 

 and the faith of all the then thirteen States express- 

 ly plighted and engaged that it should be perpetual, by 

 the Articles of Confederation in 177*. And, finally, in 

 I~?7, one of the declared objects for ordaining and 

 establishing the Constitution was " to form a more 

 perfect union." 



But if destruction of the Union, by one, or bv a part 

 only, of the States, be lawfully possible, the Union is 

 less perfect than before, the Constitution having lost 

 the vital element of perpetuity. 



It follows, from these views, that no State, upon its 

 own mere motion, can lawfully get out of the Union ; 

 that resolves and ordinances to that effect are legally 

 void ; and that acts of violence, within any State or 

 States, against the authority of the United States, are 

 insurrectionary or revolutionary, according to circum- 

 stances. 



I, therefore, consider that, in view of the Constitu- 

 tion and the laws, the Union is unbroken, and, to the 

 extent of my ability, I shall take care, as the Consti- 

 tution itself expressly enjoins upon me, that the laws 

 of the Union be faithfully executed in all the States. 

 Doing this I deem to be only a simple duty on my 

 part ; and I shall perform it, so far as practicable, un- 



less my rightful masters, the American people, shall 

 withhold the requisite means, or, in some authorita- 

 tive manner, direct the contrary. I trust this will not 

 be regarded as a menace, but only as the declared pur- 

 pose of the Union that it will constitutionally defend 

 and maintain itself. 



In doing this there need be no bloodshed or vio- 

 lence ; and there shall be none, unless it be forced 

 upon the national authority, The power confided to 

 me will be used to hold, occupy, and possess the prop- 

 erty and places belonging to the Government, and to 

 collect the duties and imposts ; but, beyond what may 

 be necessary for these objects, there w'ill be no inva- 

 sion, no using of force against or among the people 

 anywhere, where hostifity to the United States, in 

 any interior locality, shall be-so great and universal as 

 to prevent competent resident citizens from holding 

 the Federal offices, there will be no attempt to force 

 obnoxious strangers among the people for that object. 

 While the strict legal right may exist in the Govern- 

 ment to enforce the exercise of these offices, the at- 

 tempt to do so would be so irritating, and so nearly 

 impracticable with all, I deem it better to forego, for 

 the time, the uses of such offices. 



The mails, unless repelled, will continue to be fur- 

 nished in all parts of the Union. So far as possible, 

 the people everywhere shall have that sense of perfect 

 ' security which is most favorable to calm thought and 

 reflection. The course here indicated will be followed, 

 unless current events and experience shall show a 

 modification or change to be proper, and in every case 

 and exigency my best discretion will be exercised, ac- 

 cording to circumstances actually existing, and with a 

 view and a hope of a peaceful solution of the national 

 troubles, and the restoration of fraternal sympathies 

 and affections. 



That there are persons in one section cr another 

 who seek to destroy the Union at all events, aud are 

 glad of any pretext to do it, I will neither affirm nor 

 aeny ; but'if there be such, I need address no word to 

 them. To those, however, who really love the Union, 

 may I not speak? 



Before entering upon so grave a matter as the de- 

 struction of our national fabric, with all its benefits, 

 its memories, and its hopes, would it not be wise to 

 ascertain precisely why we do it? Will you hazard 

 so desperate a step while there is any possibility that 

 any portion of the ills you fly from have no real exist- 

 ence? Will you, while the certain ills you fly to are 

 greater than "all the real ones you fly from will yon 

 risk the commission of so fearful a mistake ? 



All profess to be content in the Union, if all consti- 

 tutional rights can be maintained. Is it true, then, 

 that any right, plainly written in the Constitution, has 

 been denied? I think not. Happily the human mind 

 is so constituted that no party can reach to the audaci- 

 ty of doing this. Think, if you can, of a single instance 

 in which a plainly written provision of the Constitu- 

 tion has ever been denied. If, by the mere force of 

 numbers, a majority should deprive a minority of any 

 clearly written constitutional right, it might, in a moral 

 point of view, justify revolution certainly would if 

 such right were a vital one. But such is not our case. 

 All the vital rights of minorities and of individuals are 

 so plainly assured to them by affirmations and nega- 

 tions, guarantees and prohibitions in the Constitution, 

 that controversies never arise concerning them. But 

 no organic law can ever be framed with a provision 

 specifically applicable to every question which may 

 occur in practical administration. No foresight can 

 anticipate, nor any document of reasonable length 

 contain, express provisions for all possible questions. 

 Shall fugitives from labor be surrendered by National 

 or by State authority? The Constitution does not ex- 

 pressly say. May 'Congress prohibit slavery in the 

 Territories"? The'Constitution does not expressly say. 

 Must Congress protect slavery in the Territories? The 

 Constitution does not expressly say. 



From questions of this class" spring all our constitu- 

 tional controversies, and we divide upon them into 

 majorities and minorities. If the minority will not 



