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.
Third Annual Message
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I transmit herewith, in answer to a resolution of the House of Representatives of the 16th of December last, a report from the Secretary of State of the 6th instant.
With these brief suggestions the bill is respectfully returned, and the consideration of Congress invited to the accompanying preamble and resolutions.
No power exists in the Constitution authorizing the joint resolution or the supposed law--the only difference being that one would be more palpably unconstitutional and revolutionary than the other.
I transmit the accompanying communications from the Secretary of the Interior, together with the papers to which they have reference.
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