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28 This country, with its institutions, belongs to the people who inhabit. Whenever they shall grow weary of the existing government, they can exercise their constitutional right of amending it or their revolutionary right to dismember or overthrow. I can not be ignorant of the fact that many worthy and patriotic citizens are desirous of having the national Constitution amended. While i make no recommendation of amendments, i fully recognize the rightful authority of the people over the whole subject, to be exercised in either of the modes prescribed in the instrument itself; and I should, under existing circumstances, favor rather than oppose a fair. I will venture to add that to me the convention mode seems preferable, in that it allows amendments to originate with the people themselves, instead of only permitting them to take or reject propositions originated by others, not especially chosen for the purpose, and which. I understand a proposed amendment to the constitutionwhich amendment, however, i have not seenhas passed Congress, to the effect that the federal government shall never interfere with the domestic institutions of the States, including that of persons held to service. To avoid misconstruction of what I have said, i depart from my purpose not to speak of particular amendments so far as to say that, holding such a provision to now be implied constitutional law, i have no objection to its being made express and.

This, i think, can not be perfectly cured, and it would be worse in both cases after the separation of the sections than before. The foreign slave trade, now imperfectly suppressed, would be ultimately revived without restriction in one section, while fugitive slaves, paperwork now only partially surrendered, would not be surrendered at all by the other. 27 Physically speaking, we can not separate. We can not remove our respective sections from each other nor build an impassable wall between them. A husband and wife may be divorced and go out of the presence and beyond the reach of each other, but the different parts of our country can not do this. They can not but remain face to methods face, and intercourse, either amicable or hostile, must continue between them. Is it possible, then, to make that intercourse more advantageous or more satisfactory after separation than before? Can aliens make treaties easier than friends can make laws? Can treaties be more faithfully enforced between aliens than laws can among friends? Suppose you go to war, you can not fight always; and when, after much loss on both sides and no gain on either, you cease fighting, the identical old questions, as to terms of intercourse, are again upon you.

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25 I do not forget the position assumed by some that constitutional questions are to be strange decided by the supreme court, nor do i deny that such decisions must be binding in any case upon the parties to a suit as to the object. And while it is obviously possible that such decision may be erroneous in any given case, still the evil effect following it, being limited to that particular case, with the chance that it may be overruled and never become a precedent for other cases, can. At the same time, the candid citizen must confess that if the policy of the government upon vital questions affecting the whole people is to be irrevocably fixed by decisions of the supreme court, the instant they are made in ordinary litigation between parties. Nor is there in this view any assault upon the court or the judges. It is a duty from which they may not shrink to decide cases properly brought before them, and it is no fault of theirs if others seek to turn their decisions to political purposes. 26 One section of our country believes slavery is right and ought to be extended, while the other believes it is wrong and ought not to be extended. This is the only substantial dispute. The fugitive-slave clause of the constitution and the law for the suppression of the foreign slave trade are each as well enforced, perhaps, as any law can ever be in a community where the moral sense of the people imperfectly supports the law itself. The great body of the people abide by the dry legal obligation in both cases, and a few break over in each.

business studies essays memorandum

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There is no other alternative, for continuing the government is acquiescence on one side or the other. If a minority in such case will secede rather than acquiesce, they make a precedent which in turn will divide and ruin them, for a minority of their own will secede from them whenever a majority refuses to be controlled by such minority. For instance, why may not any portion of a new confederacy a year or two hence arbitrarily secede again, precisely homework as portions of the present Union now claim to secede from it? All who cherish disunion sentiments are now being educated to the exact temper of doing this. 23 Is there such perfect identity of interests among the States to compose a new union as to produce harmony only and prevent renewed secession? 24 Plainly the central idea of secession is the essence of anarchy. A majority held in restraint by constitutional checks and limitations, and always changing easily with deliberate changes of popular opinions and sentiments, is the only true sovereign of a free people. Whoever rejects it does of necessity fly to anarchy or to despotism. The rule of a minority, as a permanent arrangement, is wholly inadmissible; so that, rejecting the majority principle, anarchy or despotism in some form is all that is left.

All the vital rights of minorities and of individuals are so plainly assured to them by affirmations and negations, guaranties 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 expressly say. May congress prohibit slavery in the territories? Must Congress protect slavery in the territories? 22 From questions of this class spring all our constitutional controversies, and we divide upon them into majorities and minorities. If the minority will not acquiesce, the majority must, or the government must cease.

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business studies essays memorandum

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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, according to circumstances actually existing and with a view and a hope. 19 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 nor deny; but if there be such, i need address no word. To those, however, who really love the Union may i not speak? 20 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 essay 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 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?

21 All profess to be content in the Union if all constitutional rights can be maintained. Is it true, then, that any right plainly written in the constitution has been denied? Happily, the human mind is so constituted that no party can reach to the audacity of doing this. Think, if you can, of a single instance in which a plainly written provision of the constitution has ever been denied. If by the mere force essay 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.

It was formed, in fact, by the Articles of Association 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 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 less perfect than before the constitution, having lost the vital element of perpetuity. 15, 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.


16 I therefore consider that in view of the constitution and the laws the Union is unbroken, and to the extent of my ability, i shall take care, as the constitution itself expressly enjoins upon me, that the laws of the Union be faithfully executed. Doing this I deem to be only a simple duty on my part, and I shall perform it so far as practicable 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 maintain itself. 17 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 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. Where hostility 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 government to enforce the exercise 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. 18 The mails, unless repelled, will continue to be furnished in all parts of the Union.

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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 forever, it being impossible to destroy it except by some action not provided for in the instrument itself. 12, again: If the United States be not a government proper, but an association of States in the nature restaurant of 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 itbreak it, so to speakbut does it not require all to lawfully rescind it? 13, descending from these general add 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.

business studies essays memorandum

8, again: In any law upon this subject ought not all 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 constitution which guarantees that "the citizens of each State shall be entitled to all privileges and immunities of citizens in the several States"? 9, i take the official oath to-day with no mental reservations and with no purpose to construe the constitution or laws by any hypercritical rules; and while i do not choose now to specify particular acts of Congress as proper to be enforced,. 10, it is seventy-two years since the first inauguration of a president under our National Constitution. During that period fifteen different and greatly distinguished essay 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 constitutional term of four years under great and peculiar difficulty. A disruption of the federal Union, heretofore only menaced, is now formidably attempted. 11, i hold that in contemplation of universal law and of the constitution the Union of these States is perpetual.

there is much controversy about the delivering up of fugitives from service or labor. The clause i now read 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 discharged. 6, it is scarcely questioned that this provision was intended by those who made it for the reclaiming of what we call fugitive slaves; and the intention of the lawgiver is the law. All members of Congress swear their support to the whole constitutionto this provision as much as to any other. To the proposition, then, that slaves whose cases come within the terms of 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 which authority it is done. And should anyone in any case be content that his oath shall go unkept on a merely unsubstantial controversy as to how it shall be kept?

2, apprehension seems to exist among the people of the southern States that by the accession of a republican Administration their property and their peace and personal security are to be endangered. There has never been any reasonable cause for such apprehension. Indeed, the most ample evidence to the contrary has all the while existed and been open to their inspection. It is found in nearly all the published speeches of him who now addresses you. I do but" from one of those speeches when I declare thatI have no purpose, directly or indirectly, to interfere with the institution of slavery in the States where it exists. I believe i have no lawful right to do so, and I have no inclination to. 3, those who nominated and elected me did so with full knowledge that I had made this and many similar declarations and had never recanted them; and more than this, they placed in the platform for my acceptance, and as a law to themselves and. 4, restaurant i now reiterate these sentiments, and in doing so i only press upon the 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.

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Inaugural Addresses of the Presidents of the United States. First Inaugural Address, monday, march 4, 1861, the national upheaval of secession was a grim reality at Abraham Lincoln's inauguration. Jefferson davis had been inaugurated as the President of the confederacy two weeks earlier. The former Illinois Congressman had arrived in Washington by a secret route to avoid danger, and his movements were guarded by general Winfield Scott's soldiers. Ignoring advice to the contrary, the President-elect rode with writing President Buchanan in an open carriage to the capitol, where he took the oath of office on the east Portico. Chief Justice roger Taney administered the executive oath for the seventh time. The capitol itself was sheathed in scaffolding because the copper and wood "Bulfinch" dome was being replaced with a cast iron dome designed by Thomas. Fellow-Citizens of the United States:. N compliance with a custom as old as the government itself, i appear before you to address you briefly and to take in your presence the oath prescribed by the constitution of the United States to be taken by the President "before he enters.


business studies essays memorandum
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