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public attention the most conclusive evidence of which the case is susceptible, that the property, peace, and security of no section are to be in any wise endangered by the now incoming administration. I add, too, that all the protection which, consistently with the Constitu- 65 tion and the laws, can be given, will be cheerfully given to all the states when lawfully demanded, for whatever
as cheerfully to one section as to another. There is much controversy about the delivering up
of fugitives from service or labor. The clause I now read 70 is as plainly written in the Constitution as any other of its provisions ::
“No person held to service or labor in one state, under the laws thereof, escaping into another, shall in consequence of any law or regulation therein, be dis- 75 charged from such service or labor, but shall be delivered up on claim of the party to whom such service or labor may be due.”
It is scarcely questioned that this provision was intended by those who made it for the reclaiming of 80 what we call fugitive slaves ; and the intention of the lawgiver is the law. All members of Congress swear their support to the whole Constitution — to this provision as much as to any other. To the proposition, then, that slaves, whose cases come within the terms of 85 this clause, “shall be delivered up,” their oaths are unanimous. Now, if they would make the effort in good temper, could they not, with nearly equal unanimity, frame and pass a law by means of which to keep good that unanimous oath ?
There is some difference of opinion whether this clause should be enforced by national or by state authority ; but surely that difference is not a very
material one. If the slave is to be surrendered, it can be of but little consequence, to him or to others, by 95 which authority it is done. And should any one, in any case, be content that his oath shall go unkept, on a merely unsubstantial controversy as to how it shall be kept ?
Again, in any law upon this subject, ought not all 100 the safeguards of liberty known in civilized and humane 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- 105 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 reservations and with no purpose to construe the Constitution 110 or laws by any hypercritical rules. And while I do not choose now to specify particular acts of Congress as proper to be enforced, I do suggest that it would be much safer for all, both in official and private stations, to conform to and abide by those acts which stand un-115 repealed, than to violate any of them, trusting to find impunity in having them held to be unconstitutional.
It is seventy-two years since the first inauguration of a President under our National Constitution. During that period fifteen different and greatly distin- 120 guished citizens have, in succession, administered the executive branch of the Government. They have conducted it through many perils, and generally with great success. Yet, with all this scope of precedent, I now enter upon the same task for the brief constitu- 125 tional term of four years, under great and peculiar
difficulty. A disruption of the Federal Union, heretofore only menaced, is now formidably attempted.
I hold that, in contemplation of universal law and of the Constitution, the union of these states is perpet- 130 ual. 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 135 National Constitution, and the Union will endure forever - it 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 140 a contract merely, can it, as a contract, be peaceably unmade 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 rescind 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 Asso-150 ciation in 1774. It was matured and continued by the Declaration of Independence in 1776. It was further matured, and the faith of all the then thirteen states expressly plighted and engaged that it should be perpetual, by the Articles of Confederation in 1778. And 155 finally, in 1787, 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 by a part
only, of the states be lawfully possible, the Union is 160 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 ; 165 and that acts of violence, within any state or states, against the authority of the United States, are insurrectionary or revolutionary, according to circumstances.
I therefore consider that, in view of the Constitution and the laws, the Union is unbroken ; and to the 170 extent of my ability, I shall take care, as the Constitution itself expressly enjoins upon me, that the law 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, 175 unless my rightful masters, the American people, shall withhold the requisite means, or in some authoritative manner direct the contrary. I trust this will not be regarded as a menace, but only as the declared purpose of the Union that it will constitutionally defend and 180 maintain itself.
In doing this there needs to be no bloodshed or violence; 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 property and 185 places belonging to the Government, and to collect the duties and imposts; but beyond what may be necessary for these objects, there will be no invasion, no using of force against or among the people anywhere. Where hostility to the United States, in any interior locality, 190 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 Government to enforce the exercise 195 of these offices, the attempt to do so would be so irritating, and so nearly impracticable withal, that I deem it better to forego for the time the uses of such offices.
The mails, unless repelled, will continue to be furnished in all parts of the Union. So far as possible, 200 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 205 exigency my best discretion will be exercised according 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 or another who seek to destroy the Union at all events, and are glad of any pretext to do it, I will neither affirm or deny ; but if there be such, I need address no word to them. To those, however, who really love the Union, may I not 215 speak?
Before entering upon so grave a matter as the destruction 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 220 desperate a step while there is any possibility that any portion of the ills you fly from have no real existence? Will you, while the certain ills you fly to are greater than all the real ones you fly from -- will you risk the commission of so fearful a mistake?