I said further:--

“Since I have been charged with openly declaring a purpose to

violate the Constitution, and to break the oath which I have

taken at that desk, I shall be pardoned for showing simply how

a few plain words will put all this down.”

I next proceeded to cite the memorable veto by President Jackson, in

1832, of the Bank of the United States. It will be remembered that

to his course at that critical time were opposed the authority of the

Supreme Court and his oath to support the Constitution,--precisely as

the Senator from Illinois now, with ignorance, or with want of logic

greater than his ignorance, undertakes to revile me. Here is the

triumphant reply of President Jackson:--

“If the opinion of the Supreme Court covered the whole ground

of this Act, it ought not to control the coördinate authorities

of this Government. The Congress, the Executive, and the

Court must, each for itself, be guided by its own opinion of

the Constitution. _Each public officer, who takes an oath to

support the Constitution, swears that he will support it as

he understands it, and not as it is understood by others._

It is as much the duty of the House of Representatives,

of the Senate, and of the President, to decide upon the

constitutionality of any bill or resolution which may be

presented to them for passage or approval, as it is of the

Supreme Judges, when it may be brought before them for

judicial decision.… The authority of the Supreme Court must

not, therefore, be permitted to control the Congress or the

Executive, when acting in their legislative capacities, but to

have only such influence as the force of their reasoning may

deserve.”

Charles Sumner: his complete works, volume 05 (of 20) · 第 66 / 103 题