es and interests
involved in the proceedings_. All this might be said of any other facts.
It is mere words. To what principles, to what interests, are these facts
important? They can be important but in one point of view; and that is
as proof, or evidence, that the Senators have disobeyed instructions, or
acted against the known will of their constituents in disapproving the
President's conduct. They have not the slightest bearing in any other
way. They do not make the resolution of the Senate more or less true,
nor its right to pass it more or less clear. Sir, these proceedings of
the legislatures were introduced into this Protest for the very purpose,
and no other, of showing that members of the Senate have acted contrary
to the will of their constituents. Every man sees and knows this to have
been the sole design; and any other pretence is a mockery to our
understandings. And this purpose is, in my opinion, an unlawful purpose;
it is an unjustifiable intervention between us and our constituents; and
is, therefore, a manifest and flagrant breach of privilege.

In the next place, the assertions of the Protest are inconsistent with
the just authority of Congress, because they claim for the President a
power, independent of Congress, to possess the custody and control of
the public treasures. Let this point be accurately examined; and, in
order to avoid mistake, I will read the precise words of the Protest.

"The custody of the public property, under such regulations as may
be prescribed by legislative authority, has always been considered
an appropriate function of the executive department in this and all
other governments. In accordance with this principle, every species
of property belonging to the United States, (excepting that which
is in the use of the several co-ordinate departments of the
government, as means to aid them in performing their appropriate
functions,) is in charge of officers appointed by the President,
whether it be lands, or buildings, or merchandise, or provisions,
or clothing, or arms and munitions of war. The superintendents and
keepers of the whole are appointed by the President, and removable
at his will.

"Public money is but a species of public property. It cannot be
raised by taxation or customs, nor brought into the treasury in any
other way except by law; but whenever or howsoever obtained, its
custody alway