3. _Argument from the nature of the American Union._ Here Lincoln
began with the proposition that the American Union is older than
the Constitution. Now since the Constitution was formed “to make a
more perfect union,” it must have had in view the “vital element of
perpetuity,” since the omission of this element would have left a less
perfect union than before. The intent of the Constitution was that “no
State upon its own mere motion can lawfully get out of the Union.”
Therefore the American Union, as an instrument of government, had in its
legal nature protection against this kind of disintegration.
4. _Argument from the nature of the chief magistrate’s office._ Having
thus defined the Union, Lincoln next looked at the duties which its
nature imposed upon the chief magistrate. He defined it as “simple duty”
on the chief magistrate’s part to see that the laws of this unbroken
union “be faithfully executed in all the states.” Obviously the argument
was to justify active measures in defense of the Union. As Lincoln
conceived the definition, it was not the duty of the chief magistrate
to preside over the disintegration of the Union, but to carry on the
executive office just as if no possibility of disintegration threatened.
Thus far, it will be observed, the speech is a series of deductions, each
one deriving from the preceding definition.
5. _Argument from the nature of majority rule._ This argument, with
its fine axiomatic statements, was used by Lincoln to indicate how
the government should proceed in cases not expressly envisaged by the
Constitution. Popular government demands acquiescence by minorities
in all such cases. “If the minority will not acquiesce, the majority
must, or the government will 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 a minority.”[94] The difficulty of the Confederacy
with states’ rights within its own house was to attest to the soundness
of this argument.
6. _Argument from the nature of the sovereignty of the people._ Here
Lincoln conceded the right of the whole people to change its government
by constitutional reform or by revolutionary action. But he saw this
right vested in the people as a whole, and he insisted that any change
be carried out by the modes prescribed. The institutions of the country
were finally the creations of the sovereign will of the people. But
until a will on this issue was properly expressed, the government had a
commission to endure as before.
Public-domain text, read in full here on John Shaqi.
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