A Compilation of the Messages and Papers of the Presidents. Volume 3, part 1: Andrew Jackson (Second Term)
History
A Compilation of the Messages and Papers of the Presidents. Volume 3, part 1: Andrew Jackson (Second Term)
Jackson, Andrew, 1767-1845; Presidents -- United States; United States -- History -- Sources; United States -- Politics and government
It can seldom be necessary for any department of the Government, when
assailed in conversation or debate or by the strictures of the press or
of popular assemblies, to step out of its ordinary path for the purpose
of vindicating its conduct or of pointing out any irregularity or
injustice in the manner of the attack; but when the Chief Executive
Magistrate is, by one of the most important branches of the Government
in its official capacity, in a public manner, and by its recorded
sentence, but without precedent, competent authority, or just cause,
declared guilty of a breach of the laws and Constitution, it is due to
his station, to public opinion, and to a proper self-respect that the
officer thus denounced should promptly expose the wrong which has been
done.
In the present case, moreover, there is even a stronger necessity for
such a vindication. By an express provision of the Constitution, before
the President of the United States can enter on the execution of his
office he is required to take an oath or affirmation in the following
words:
I do solemnly swear (or affirm) that I will faithfully execute the
office of President of the United States and will to the best of my
ability preserve, protect, and defend the Constitution of the United
States.
The duty of defending so far as in him lies the integrity of the
Constitution would indeed have resulted from the very nature of his
office, but by thus expressing it in the official oath or affirmation,
which in this respect differs from that of any other functionary, the
founders of our Republic have attested their sense of its importance
and have given to it a peculiar solemnity and force. Bound to the
performance of this duty by the oath I have taken, by the strongest
obligations of gratitude to the American people, and by the ties which
unite my every earthly interest with the welfare and glory of my
country, and perfectly convinced that the discussion and passage of
the above-mentioned resolution were not only unauthorized by the
Constitution, but in many respects repugnant to its provisions and
subversive of the rights secured by it to other coordinate departments,
I deem it an imperative duty to maintain the supremacy of that sacred
instrument and the immunities of the department intrusted to my care
by all means consistent with my own lawful powers, with the rights of
others, and with the genius of our civil institutions. To this end I
have caused this my _solemn protest_ against the aforesaid proceedings
to be placed on the files of the executive department and to be
transmitted to the Senate.
It is alike due to the subject, the Senate, and the people that the
views which I have taken of the proceedings referred to, and which
compel me to regard them in the light that has been mentioned, should
be exhibited at length, and with the freedom and firmness which are
required by an occasion so unprecedented and peculiar.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account