Presidents -- United States -- Messages; United States -- Politics and government -- Sources
Another reason for retracing our steps will doubtless be seen by
Congress in the late manifestations of public opinion upon this
subject. We live in a country where the popular will always enforces
obedience to itself, sooner or later. It is vain to think of opposing
it with anything short of legal authority backed by overwhelming force.
It can not have escaped your attention that from the day on which
Congress fairly and formally presented the proposition to govern the
Southern States by military force, with a view to the ultimate
establishment of Negro supremacy, every expression of the general
sentiment has been more or less adverse to it. The affections of this
generation can not be detached from the institutions of their
ancestors. Their determination to preserve the inheritance of free
government in their own hands and transmit it undivided and unimpaired
to their own posterity is too strong to be successfully opposed. Every
weaker passion will disappear before that love of liberty and law for
which the American people are distinguished above all others in the
world.
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
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