Year: 1867

not soon placed under the protection Of a
free Constitution. Instead of being, as
il ought TO be, source Of wealth and
power, it will become an ia.vlerant burden
/ upon the rest of the nation.


Another reason for ret->cing our steps,
will doubtless be seen by congress, in the
late manifestations of public opinion upon
this subject. We live in country where
popular will always enforccs obedieuce to
itself sooner or later. II is vain to think
of opposing it with anything short OF
legal authority, backed by overwhelming
force.


1t can not have escaped your attention.
that from the day on which Congress
fairly and formally presented the PROPOSE
tion to govern the Southern States by
military force, with view to the ultimate
establishment of negro supremacy, every
expression Of the general sentiment has
been more or less adverse to it. The af-
fection Of this generation can not be
detached from the institutions of their
ancestors. Their determination to pre-
serve the inheritance of free government
in their own hands, and transmit it undi-
yided aud unimpaired to their own poster
ity, is too strong to be successfully op-
posed. Every weaker passion will disap-
pear, before the love of liberty and law,
for which the American people are dis
tinguished above all others in the world.


How far the duty of the President to
preserve, protect, and defend the Consti,
tuition requires him to 60, in opposing an
unconstitutional act of Congress, is very
serious and important question, on which
| have deliberated much, and felt ex-
tremely anxious to reach a proper con-
clusion. When an act has been passed,
according to the forms of the Constitution,
by the supreme legislative authority of
the country, Executive resistance to it,
especially in times of high party excite
ment, would be likely TO produce violent
collision between the respective adherents
of the two branches of Government. This
would be simple civil war. and civil war
must be resorted to only as last remedy
for the worst Of evils. Whatever might
tend to provoke it should be most care
fully avoided A faithful and conscen
tious magistrate will concede very much
to honest error, aud something even to
perverse malice, before he will endauger
the public peace, and he will not adopt
forcible measures. or such as might lead
to force, as long as chances which are
feasible remain open to him or to his
constituents. 1t is true that cases may
occur in which the Executive would be
compelled to stand on his rights. and
maintain them regardless of consequences.
If Congress should pass an act, which is
not only in paIpa5le conflict with the
Constitution, but will certainly, If carried
out, produce immediate aud irreparable
injury to the organic structure of the
Government and if there be neither JUS
tice nor remedy for the wrongs it inflicts,
nor power in the people to protect them
selves without the official aid of their
elected defenders. If, for instance, the
Legislative Department should pass an
act even through all the forms of law, to
abolish CO ordinate department of the
Government, in such 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, we're not believed
to be withinthe class last mentioned.
The people were not wholly disarmed of
the power Of self defense. In all the
Northern States they still hold in their
hands the sacred right of the ballot, and
it was safe to believe that in due time they
could come to the rescue of their own
institutions.


1t gives me pleasure to add that the ap-
peal to our common constituents was not
taken in vain, and that my confidence 10
their wisdom aud virtue seems not to have
been misplaced.


1t is we'll and publicly known that enor-
nous frauds have been perpetrated on the
Treasury, and that colossal fortunes have
been made at the public expense. This
species Of corruption has increased, and is
increasing, and If not diminished will
soon bring us into total ruin and disgrace.
The public creditors aud tax payers are
alike interested In an honest sdministra-
ton Of the finances, aud neither class will
long endure the large handed robberies
of tie recent past. For this disereditable
state of things there are several causes.
Some of the taxes are SO laid as to present
an irresistible temptation TO evade the
payment The great sums which officers
may receive by eonnivance at fraud create
pressure which is more than the virtue
of man can withstand; and there can be
no doubt that the open disregard OF con-
slitutonal obligations ayowed by some Of
the highest and most influential men in
the country, has greatly weakened the
moral sense Of those who serve ia subor-
dinate places.


The expenses of the United States, In
cluding the interest on the public debt,
are more than six times as much as they
were seven years ago. To collect and
disburse this vast amount requires careful
supervision rs we'll as systematic vigilance.
The system, never perfected, was much
disorganized by the Tenure Of Office bill,
which has almost destroyed official ac-
countablity. The President may be
thoroughly convinced that an officer is
incapable, dishonest, or uniaiihful to the
Constitution, but under the law, which
have named, his utmost ability is to com
plain to the Senate aud ask the privilege
of supplying his place with better man.
If the Senate be regarded as personally or
particularly hostile TO the President, il is
natural. or not altogether unressona Bile
for the officer TO expect that il will take
his part as far as possible, restore him TO
h,s plnce a nd rive him "A lriun.r.h oxer HE