1861 Lincoln First Inaugural Address

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Abraham Lincoln

First Inaugural Address (1861)


In 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 on the execution of this office.

I do not consider it necessary at present for me to discuss those matters of administration about
which there is no special anxiety or excitement.

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 quote from one
of those speeches when I declare that--

I 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 do so.

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 to me, the clear and emphatic resolution which I
now read:

Resolved, That the maintenance inviolate of the rights of the States, and especially the right of each
State to order and control its own domestic institutions according to its own judgment exclusively,
is essential to that balance of power on which the perfection and endurance of our political fabric
depend; and we denounce the lawless invasion by armed force of the soil of any State or Territory,
no matter what pretext, as among the gravest of crimes.

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 now incoming Administration. I add, too, that all
the protection which, consistently with the Constitution and the laws, can be given will be
cheerfully given to all the States when lawfully demanded, for whatever cause--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 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 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
what we call fugitive slaves; and the intention of the lawgiver is the law. All members of Congress

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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 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?

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"?

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, 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 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
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 Association in 1774. It was matured and

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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.

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

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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?

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 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 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 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 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.

Is there such perfect identity of interests among the States to compose a new union as to produce
harmony only and prevent renewed secession?

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. Unanimity is impossible. 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.

I do not forget the position assumed by some that constitutional questions are to be 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 of that suit, while they are also entitled to very high respect and consideration
in all parallel cases by all other departments of the Government. And while it is obviously possible
that such decision may be erroneous in any given case, still the evil effect following it, being limited

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to that particular case, with the chance that it may be overruled and never become a precedent for
other cases, can better be borne than could the evils of a different practice. 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 in personal actions the people will have ceased to be their
own rulers, having to that extent practically resigned their Government into the hands of that
eminent tribunal. 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.

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. 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, now only partially surrendered, would not be surrendered at all by the other.

Physically speaking, we cannot 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 cannot do
this. They cannot but remain face to 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 cannot 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.

This country, with its institutions, belongs to the people who inhabit it. 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 it. I cannot 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 opportunity being afforded
the people to act upon it. 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
might not be precisely such as they would wish to either accept or refuse. I understand a proposed
amendment to the Constitution--which amendment, however, I have not seen--has passed
Congress, to the effect that the Federal Government shall never interfere with the domestic

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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 irrevocable.

The Chief Magistrate derives all his authority from the people, and they have referred none upon
him to fix terms for the separation of the States. The people themselves can do this if also they
choose, but the Executive as such has nothing to do with it. His duty is to administer the present
Government as it came to his hands and to transmit it unimpaired by him to his successor.

Why should there not be a patient confidence in the ultimate justice of the people? Is there any
better or equal hope in the world? In our present differences, is either party without faith of being
in the right? If the Almighty Ruler of Nations, with His eternal truth and justice, be on your side of
the North, or on yours of the South, that truth and that justice will surely prevail by the judgment of
this great tribunal of the American people.

By the frame of the Government under which we live this same people have wisely given their
public servants but little power for mischief, and have with equal wisdom provided for the return of
that little to their own hands at very short intervals. While the people retain their virtue and
vigilance no Administration by any extreme of wickedness or folly can very seriously injure the
Government in the short space of four years.

My countrymen, one and all, think calmly and well upon this whole subject. Nothing valuable can be
lost by taking time. If there be an object to hurry any of you in hot haste to a step which you would
never take deliberately, that object will be frustrated by taking time; but no good object can be
frustrated by it. Such of you as are now dissatisfied still have the old Constitution unimpaired, and,
on the sensitive point, the laws of your own framing under it; while the new Administration will
have no immediate power, if it would, to change either. If it were admitted that you who are
dissatisfied hold the right side in the dispute, there still is no single good reason for precipitate
action. Intelligence, patriotism, Christianity, and a firm reliance on Him who has never yet forsaken
this favored land are still competent to adjust in the best way all our present difficulty.

In your hands, my dissatisfied fellow-countrymen, and not in mine, is the momentous issue of civil
war. The Government will not assail you. You can have no conflict without being yourselves the
aggressors. You have no oath registered in heaven to destroy the Government, while I shall have the
most solemn one to "preserve, protect, and defend it."

I am loath to close. We are not enemies, but friends. We must not be enemies. Though passion may
have strained it must not break our bonds of affection. The mystic chords of memory, stretching
from every battlefield and patriot grave to every living heart and hearthstone all over this broad
land, will yet swell the chorus of the Union, when again touched, as surely they will be, by the better
angels of our nature.

Source: Avalon Project: Documents in Law, History and Diplomacy, Yale Law School
http://avalon.law.yale.edu/19th_century/lincoln1.asp

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