The legislative power may undoubtedly bind him and the President by any
laws they may think proper to enact; they may prescribe in what place
particular portions of the public property shall be kept and for what
reason it shall be removed, as they may direct that supplies for the
Army or Navy shall be kept in particular stores, and it will be the duty
of the President to see that the law is faithfully executed; yet will
the custody remain in the executive department of the Government. Were
the Congress to assume, with or without a legislative act, the power of
appointing officers, independently of the President, to take the charge
and custody of the public property contained in the military and naval
arsenals, magazines, and storehouses, it is believed that such an act
would be regarded by all as a palpable usurpation of executive power,
subversive of the form as well as the fundamental principles of our
Government. But where is the difference in principle whether the public
property be in the form of arms, munitions of war, and supplies or in
gold and silver or bank notes? None can be perceived; none is believed
to exist.
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