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 any other functionary, the
founders of our Republic have attested their sense of its importance
and have given to it a peculiar solemnity and force. Bound to the
performance of this duty by the oath I have taken, by the strongest
obligations of gratitude to the American people, and by the ties which
unite my every earthly interest with the welfare and glory of my
country, and perfectly convinced that the discussion and passage of
the above-mentioned resolution were not only unauthorized by the
Constitution, but in many respects repugnant to its provisions and
subversive of the rights secured by it to other coordinate departments,
I deem it an imperative duty to maintain the supremacy of that sacred
instrument and the immunities of the department intrusted to my care
by all means consistent with my own lawful powers, with the rights of
others, and with the genius of our civil institutions. To this end I
have caused this my _solemn protest_ against the aforesaid proceedings
to be placed on the files of the executive department and to be
transmitted to the Senate.

It is alike due to the subject, the Senate, and the people that the
views which I have taken of the proceedings referred to, and which
compel me to regard them in the light that has been mentioned, should
be exhibited at length, and with the freedom and firmness which are
required by an occasion so unprecedented and peculiar.

Under the Constitution of the United States the powers and functions
of the various departments of the Federal Government and their
responsibilities for violation or neglect of duty are clearly defined
or result by necessary inference. The legislative power is, subject to
the qualified negative of the President, vested in the Congress of the
United States, composed of the Senate and House of Representatives; the
executive power is vested exclusively in the President, except that in
the conclusion of treaties and in certain appointments to office he is
to act with the advice and consent of the Senate; the judicial power is
vested exclusively in the Supreme and other courts of the United States,
except in cases of impeachment, for which purpose the accusatory power
is vested in the House of Re