A Compilation of the Messages and Papers of the Presidents. Volume 6, part 2: Andrew Johnson
History
A Compilation of the Messages and Papers of the Presidents. Volume 6, part 2: Andrew Johnson
Johnson, Andrew, 1808-1875; Presidents -- United States; United States -- History -- Sources; United States -- Politics and government
How far the duty of the President "to preserve, protect, and defend
the Constitution" requires him to go in opposing an unconstitutional
act of Congress is a very serious and important question, on which
I have deliberated much and felt extremely anxious to reach a proper
conclusion. Where an act has been passed according to the forms of the
Constitution by the supreme legislative authority, and is regularly
enrolled among the public statutes of the country, Executive resistance
to it, especially in times of high party excitement, would be likely to
produce violent collision between the respective adherents of the two
branches of the Government. This would be simply civil war, and civil
war must be resorted to only as the last remedy for the worst of evils.
Whatever might tend to provoke it should be most carefully avoided.
A faithful and conscientious magistrate will concede very much to honest
error, and something even to perverse malice, before he will endanger
the public peace; and he will not adopt forcible measures, or such as
might lead to force, as long as those which are peaceable remain open to
him or to his constituents. It is true that cases may occur in which the
Executive would be compelled to stand on its rights, and maintain them
regardless of all consequences. If Congress should pass an act which is
not only in palpable conflict with the Constitution, but will certainly,
if carried out, produce immediate and irreparable injury to the organic
structure of the Government, and if there be, neither judicial remedy
for the wrongs it inflicts nor power in the people to protect themselves
without the official aid of their elected defender--if, for instance,
the legislative department should pass an act even through all the forms
of law to abolish a coordinate department of the Government--in such a
case the President must take the high responsibilities of his office and
save the life of the nation at all hazards. The so-called reconstruction
acts, though as plainly unconstitutional as any that can be imagined,
were not believed to be within the class last mentioned. The people were
not wholly disarmed of the power of self-defense. In all the Northern
States they still held in their hands the sacred right of the ballot,
and it was safe to believe that in due time they would come to the
rescue of their own institutions. It gives me pleasure to add that the
appeal to our common constituents was not taken in vain, and that my
confidence in their wisdom and virtue seems not to have been misplaced.
Public-domain text, read in full here on John Shaqi.
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