Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1867-11-10
Is THE PREsIDENT's DUTT-

WHAT IL III
The Supreme Court Of the United
States. in Mdr6uTy Z. Madison, l CrdHoh
1877. 100. Chief Justice MARSHALL deliv-
eriug the opinion, declared that an act
Of Congress contrary to the Constitution,
was entirely Uoid, and that the Constitu-
ton VS. 5 rule for the government of
Courts. IS we'll as Of the legislature. It
said, Why otherwise does it direct the
Judges TO take an oath to support 1t
This oath certainly spplies in an especial
manner to their conduct in their official
character. How immoral to impose it
on them, If they were TO be used as the
Instruments, and the knowing iBstru-
ments, for violating what they swear to
support"
why does 8 Judge swear to discharge
his duties ~agreeably TO the Constitution
Of the United States, il that Constitution
forms no rule for his government, lift is,
closed upon him, and cannot be inspected
by him?
al such be the real state Of things
this Il worse than solemn mOckery. To
prescribe or to take this oath, becomes
equally a crime.n
And the Court concluded with the
declaration that the principle was essen
tial to all written Constitutions, "that q
law repugnant TO the Constitution is
void and that Courts, as WeU as other
departments, are bound by that instru-
meut.'
The President is sworn to preserve,
protect, ana defend the Constitution.
He is knowingly assisting to destroy it,
by enforcing Congressional enactments
declared by him to be unconstitutional,
snd which the Congress itself declares
are not made by virtue Of any powers
bestowed on them by the Constitution.
The President cannot be bound to exc
cute any enactment I'VE will not call
them ldrs) Of any body Of men who are
not, IS to these attachments, 8 Congress
Of the United States clothed with powers
under the Constitution, by grant from
the Stats, but q Long Parliament or
National Convention Of part Of a portion
OF the States. He is the President Of the
whole Union; and II the COnspirators
against the Constitution enact such laws,
his sworn duty is 20 tell them 10 find the
means, outside Of the Constitution "
for their execution since, Whatever
powers they may have outside Of that
instrument, he has and claims none.
Shall he, in the language Of the Su-
preme Court, In the days when no man
in ali the broad Union was bold enough
TO impeach its integrity or deny
the authority Of its decisions, shall
he, the PRESERVES, PROTECTOR and
DEFENDER Of the Constitution, permit
himself 70 be used a. the instrument,
and the knowing instrument, for viola
ting what he has sworn to support?
The Kings OF England were "Defenders'
Of the Faith; and CROMWELL was the
Lord Protector" Of the liberties Of
Englishmen. What is the President,
when be croucbes to obey an uneoBstitu-
tional act Of Congress, and executes il,
protesting that upon his conscience and
soul il il Unconstitutional? The arm Of
the ArchaHgsl MICHAEL is not strong
enough TO pluck bim by the hair out Of
the abyss OF degradation into which be
will have sunken, il he does not halt and
come to bay.
Has not the Supreme Court, by Chief
Justice MARSHALL, told him that ifsuch
be the real state Of things it was worse
than 3 solemn gmockery for him TO take
the oath and that to prescribe it or take
it was equally a crime?
Il has told him that such a Law Is en-.
tirely void, and al the Departments Of
the Government are bound to look to the
Constitution a. the Supreme law. Does
the President forget that audacity only
commands success? To palter and tenn
porize is TO fail for it is conclusive evil
dence Of feebleness aud the perfection Of
impolicy. To the Statesman as to the
General, the three great requisites are
de 2 ,audace-deP audGce-encore de 2
dUddcs.