Unconstitutional
or oppressive laws may no doubt be passed by Congress, either from
erroneous views or the want of due consideration; if they are within
the reach of judicial authority, the remedy is easy and peaceful; and
if, from the character of the law, it is an abuse of power not within
the control of the judiciary, then free discussion and calm appeals to
reason and to the justice of the people will not fail to redress the
wrong. But until the law shall be declared void by the courts or
repealed by Congress no individual or combination of individuals can be
justified in forcibly resisting its execution. It is impossible that any
government can continue to exist upon any other principles. It would
cease to be a government and be unworthy of the name if it had not the
power to enforce the execution of its own laws within its own sphere
of action.
It is true that cases may be imagined disclosing such a settled purpose
of usurpation and oppression on the part of the Government as would
justify an appeal to arms. These, however, are extreme cases, which we
have no reason to apprehend in a government where the power is in the
hands of a patriotic people.
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