Lend Me Your Ears: Great Speeches in History
Page 95
There is one great fact, characteristic of this, our nineteenth century, a fact which no party dares deny. On the one hand, there have started into life industrial and scientific forces which no epoch of the former human history had ever suspected. On the other hand, there exist symptoms of decay far surpassing the horrors recorded of the latter times of the Roman Empire. In our days everything seems pregnant with its contrary; machinery gifted with the wonderful power of shortening and fructifying human labor, we behold starving and overworking it. The newfangled sources of wealth, by some strange, weird spell, are turned into sources of want. The victories of art seem bought by the loss of character.
At the same pace that mankind masters nature, man seems to become enslaved to other men or to his own infamy. Even the pure light of science seems unable to shine but on the dark background of ignorance. All our invention and progress seem to result in endowing material forces with intellectual life, and in stultifying human life into a material force.
This antagonism between modern industry and science on the one hand, modern misery and dissolution on the other hand; this antagonism between the productive powers and the social relations of our epoch is a fact, palpable, overwhelming, and not to be controverted. Some parties may wail over it; others may wish to get rid of modern arts in order to get rid of modern conflicts. Or they may imagine that so signal a progress in industry wants to be completed by as signal a regress in politics.
On our part, we do not mistake the shape of the shrewd spirit that continues to mark all these contradictions. We know that to work well the newfangled forces of society, they only want to be mastered by newfangled men—and such are the workingmen. They are as much the invention of modern time as machinery itself. In the signs that bewilder the middle class, the aristocracy, and the poor prophets of regression, we do recognize our brave friend Robin Goodfellow, the old mole, that can work in the earth so fast, that worthy pioneer—the revolution.
The English workingmen are the firstborn sons of modern industry. They will then, certainly, not be the last in aiding the social revolution produced by that industry, a revolution which means the emancipation of their own class all over the world, which is as universal as capital rule and wages slavery.
I know the heroic struggles the English working class have gone through since the middle of the last century—struggles less glorious because they are shrouded in obscurity and burked by the middle-class historians to revenge the misdeeds of the ruling class. There existed in the Middle Ages in Germany a secret tribunal called the Vehmgericht. If a red cross was seen marked on a house, people knew that its owner was doomed by the Vehm. All the houses of Europe are now marked with the mysterious red cross. History is the judge—its executioner, the proletarian.
Lincoln, in His First Inaugural, Asserts the Necessity of Majority Rule
“A majority held in restraint by constitutional checks and limitations… is the only true sovereign of a free people. Whoever rejects it does of necessity fly to anarchy or to despotism.”
Elected, from a field of four, by less than 40 percent of the popular vote; faced with the secession of seven states in the weeks before his inauguration as the sixteenth president; burdened by a weak and divided army unready to take the field—Abraham Lincoln made the theme of his first speech as chief magistrate (as the job was then called) that he was prepared to fight a war to maintain the Union.
The address on March 4, 1861, is a lawyerly and logical explication of the need for the acceptance of majority rule in the business of democracy: “If the minority will not acquiesce, the majority must, or the government must cease…. 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….”
The southern states were hoping to leave in peace, preserving their “peculiar institution” of slavery—specifically condoned by the nation’s founders—from feared abolition by the North. Lincoln, who opposed the extension of slavery into western territories but did not favor abolition in those states where it already existed, felt called upon to make absolutely clear that there could be no peaceful secession, no easy way out. “Plainly the central idea of secession is the essence of anarchy,” he insisted; the American experiment in democracy permitted no minority to refuse acquiescence to majority rule.
At the same time, Lincoln wanted the onus for warmaking to fall upon the seceders: “In your hands, my dissatisfied fellow countrymen, and not in mine, is the momentous issue of civil war…. 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.’” Here was the legal mind at work: the Constitution contained no prohibition of secession, or enforcement language to preserve the Union, except perhaps in the specified oath of office, and that was “to preserve, protect, and defend the Constitution”—not, as Lincoln implied, to preserve the government, or a union consisting of all states that had adopted that document.
In his penetrating, high-pitched voice, Lincoln claimed further that he had no choice but to resist secession, because the president “derives all his authority from the people”—a concept rooted primarily in the radical Declaration of Independence, which had also proclaimed all men to be created equal—and not from the ratifying states, as southerners and others held who relied more on the conservative Constitution. In Lincoln’s interpretation of sovereign power, the people had not vested the president with the authority to fix the terms of separation. Thus, he made war the inevitable consequence of secession and declared himself constitutionally unable to stop it.
Rather than close on that inflexible and almost truculent note, Lincoln accepted a suggested peroration from the New York governor whom he had defeated for the Republican nomination and had chosen to be secretary of state. William Seward’s draft closing, using the metaphor of the celestial harp and playing on the meaning of the homophones “chord” and “cord,” has been preserved: “I close. We are not, and must not be, aliens or enemies, but fellow countrymen and brethren. Although passion has strained our bonds of affection too hardly, they must not, I am sure they will not, be broken. The mystic chords which, proceeding from so many battlefields and so many patriot graves, pass through all the hearts and all hearths in this broad continent of ours, will yet again harmonize in their ancient music when breathed upon by the guardian angel of the nation.”
For a vivid example of Lincoln’s ability to transform fine oratory into great oratory, compare Seward’s suggested language with the Lincoln revision at the close.
***
…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….
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 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….
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 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 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, cannot 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 cannot 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 w
hen, 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….
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 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.