riter of the
Protest argue that the oath itself is any grant of power; or that,
because the President is to "preserve, protect, and defend the
Constitution," he is therefore to use what means he pleases for such
preservation, protection, and defence, or any means except those which
the Constitution and laws have specifically given him? Such an argument
would be absurd; but if the oath be not cited for this preposterous
purpose, with what design is it thus displayed on the face of the
Protest, unless it be to support the general idea that the maintenance
of the Constitution and the preservation of the public liberties are
especially confided to the safe discretion, the sure moderation, the
paternal guardianship, of executive power? The oath of the President
contains three words, all of equal import; that is, that he will
_preserve_, _protect_, and _defend_ the Constitution. The oath of
members of Congress is expressed in shorter phrase; it is, that they
will _support_ the Constitution. If there be any difference in the
meaning of the two oaths, I cannot discern it; and yet the Protest
solemnly and formally argues thus: "The duty of defending, so far as in
him lies, the integrity of the Constitution, would, indeed, have
resulted from the very nature of his office; but by thus expressing it
in the official oath or affirmation, which, in this respect, differs
from that of every other functionary, the founders of our republic have
attested their sense of its importance, and have given to it a peculiar
solemnity and force."

Sir, I deny the proposition, and I dispute the proof. I deny that the
duty of defending the integrity of the Constitution is, in any peculiar
sense, confided to the President; and I deny that the words of his oath
furnish any argument to make good that proposition. Be pleased, Sir, to
remember _against whom it is_ that the President holds it _his_ peculiar
duty to defend the integrity of the Constitution. It is not against
external force; it is not against a foreign foe; no such thing; _but it
is against the representatives of the people and the representatives of
the States_! It is against these that the founders of our republic have
imposed on him the duty of defending the integrity of the Constitution;
a duty, he says, of the importance of which they have attested their
sense, and to which they have given peculiar solemnity and force, by
expressing it in his official oath!

Let us pause, Sir, and con