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the writings-5-第51章

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rules。  And; while I do not choose now to specify particular acts of

Congress 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 stand unrepealed; 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 distinguished 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。



I hold that; in contemplation of universal law and of the

Constitution; the Union of these States is perpetual。  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 foreverit 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 unmade by less than all the parties who made

it? One party to a contract may violate itbreak 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 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 the 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。



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 circumstances。



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 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; 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。



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 of force against or

among the people anywhere。  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

offices。



The mails; unless repelled; will continue to be furnished 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 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 nor deny; 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 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 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 fromwill you risk the commission of so fearful a mistake?



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? I think not。  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 of numbers a majority should deprive a minority

of any clearly written constitutional right; it might; in a moral

point of view; justify revolutioncertainly would if such a 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 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? 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 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。   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

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