Managing America: Interviews
with President Abraham Lincoln on his thoughts about the Constitution and the
Rights of Citizens, the Rights of States, and the Rights of the Federal Union
The Constitutional facts with which I shall deal with in this
interview are familiar - however there is something new in the general use I
shall make of them.
If there shall be any novelty, it will be in the mode of
presenting the facts, and the inferences in these interviews are at the
discretion of the reader.
Mister President:
Your thoughts about the Constitution?
President Lincoln:
“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.”
Mister President: In
his speech last autumn at Columbus, Ohio, as reported in the New-York Times, Senator
Douglas said: “Our fathers, when they framed the government under which we live
?, understood this question just as well, and even better, than we do now.”
Your thoughts about his statement?
President Lincoln:
“I fully indorse this, and I adopt it as a text for this discourse. I so adopt
it because it furnishes a precise and an agreed starting-point for a discussion
between Republicans and that wing of the Democracy headed by Senator Douglas.”
“It simply leaves the inquiry: What was the understanding
those fathers had of the question mentioned?”
“What is the frame of government under which we live?”
“The answer must be, "The Constitution of the United
States." That Constitution consists of the original, framed in 1787, and
under which the present government first went into operation, and twelve subsequently
framed amendments, the first ten of which were framed in 1789.”
“Who were our fathers that framed the Constitution?”
“I suppose the
"thirty-nine" who signed the original instrument may be fairly called
our fathers who framed that part of the present government. It is almost exactly
true to say they framed it, and it is altogether true to say they fairly
represented the opinion and sentiment of the whole nation at that time.”
“Their names, being familiar to nearly all and accessible to
quite all, need not now be repeated.”
“I take these "thirty-nine," for the present, as
being "our fathers who framed the government under which we live."
“What is the question which, according to the text, those
fathers understood "just as well, and even better, than we do now"?
Mister President: The
proper division of Federal authority in the Constitution, between the Executive
branch and the legislative branch must come into play regarding the validity of
such a law, how do you explain this?
President Lincoln:
“Again, George Washington, another of the "thirty-nine," was then
President of the United States, and as such approved and signed the bill, thus
completing its validity as a law, and thus showing that, in his understanding,
no line dividing local from Federal authority, nor anything in the
Constitution, forbade the Federal Government to control as to slavery in
Federal territory.”
“No great while after the adoption of the original
Constitution, North Carolina ceded to the Federal Government the country now
constituting the State of Tennessee; and a few years later Georgia ceded that
which now constitutes the States of Mississippi and Alabama. In both deeds of
cession it was made a condition by the ceding States that the Federal
Government should not prohibit slavery in the ceded country.”
“Besides this, slavery was then actually in the ceded
country. Under these circumstances, Congress, on taking charge of these
countries, did not absolutely prohibit slavery within them. But they did
interfere with it - take control of it - even there, to a certain extent."
Mister President: In
1787, still before the Constitution, but while the convention was in session
framing it, the idea of amendments came before the Congress of the
Confederation; and within knowledge of the "thirty-nine" who
afterward signed the Constitution, what are your thoughts regarding amendments?
President Lincoln:
“The constitutional amendments were introduced before, and passed after, the
act enforcing the ordinance of '87; so that, during the whole pendency of the
act to enforce the ordinance, the constitutional amendments were also pending.”
“The seventy-six members of that Congress, including sixteen
of the framers of the original Constitution, as before stated, were preeminently
our fathers who framed that part of "the government under which we
live" which is now claimed as forbidding the Federal Government to control
slavery in the Federal Territories.”
“Is it not a little presumptuous in any one at this day to
affirm that the two things which that Congress deliberately framed, and carried
to maturity at the same time, are absolutely inconsistent with each other?”
“And does not such affirmation become impudently absurd when
coupled with the other affirmation, from the same mouth, that those who did the
two things alleged to be inconsistent, understood whether they really were
inconsistent better than we-better than he who affirms that they are
inconsistent?”
“It is surely safe to assume that the thirty-nine framers of
the original Constitution, and the seventy-six members of the Congress which
framed the amendments thereto, taken together, do certainly include those who
may be fairly called "our fathers who framed the govern-ment under which
we live."”
“And so assuming, I defy any man to show that any one of
them ever, in his whole life, declared that, in his understanding, any proper
division of local from Federal authority, or any part of the Constitu-tion,
forbade the Federal Government to control as to slavery in the Federal
Territories.”
“I go a step further. I defy anyone to show that any living
man in the whole world ever did, prior to the beginning of the present century
and I might almost say prior to the beginning of the last half of the present
century, declare that, in his understanding, any proper division of local from
Federal authority, or any part of the Constitution, forbade the Federal
Government to control as to slavery in the Federal Territories.”
Mister President:
Than I assume the Federal government has no Constitutional control over States
rights.
President Lincoln:
“Now, and here, let me guard a little against being misunderstood. I do not
mean to say we are bound to follow implicitly in whatever our fathers did.”
“To do so would be to discard all the lights of current
experience-to reject all progress, all improvement.”
“What I do say is that if we would supplant the opinions and
policy of our fathers in any case, we should do so upon evidence so conclusive,
and argument so clear, that even their great authority, fairly considered and
weighed, cannot stand; and most surely not in a case whereof we ourselves
declare they understood the question better than we.”
Mister President: Is
it your idea to provide by law for the enforcement of that clause in the
Constitution which guarantees that "the citizen of each State shall be
entitled to all privileges and immunities of citizens in the several
States"?
President Lincoln:
“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.”
Mister President:
What is the rightful authority of the people?
President Lincoln:
“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 desir-ous 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 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 conferred none upon him to fix terms for the separation
of the States. The people themselves can do this also if 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.”
Mister President: As
you mentioned, 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?
President Lincoln:
“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 judg-ment 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.”
Mister President: In
your opinion what right do people have to revolutionize or replace their
present government?
President Lincoln:
“Any people anywhere being inclined and having the power have the right to rise
up and shake off the existing government, and form a new one that suits them
better.”
“This is a most valuable a most sacred right a right which
we hope and believe is to liberate the world. Nor is this right confined to
cases in which the whole people of an existing government may choose to
exercise it.”
“Any portion of such people that can may revolutionize and
make their own of so much of the territory as they inhabit.”
“More than this, a majority of any portion of such people
may revolutionize, putting down a minority, intermingled with or near about
them, who may oppose this movement.”
President Lincoln
added: “Such minority was precisely the case of the old Tories of our own
revolution. It is a quality of revolutions not to go by old lines or old laws;
but to break up both, and make new ones.”
Mr. Martin Chekel, a noted international businessman and
author of the thought provoking “Managing America” six book series and the
retrospective eight book series “The Diary of American Foreign Policy 1938 –
1945” that laid the foundation for US foreign policy the past seventy-four
years.
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