The "Protest" asserted, in brief, that the Legislature could not order a subordinate officer to perform certain duties free from the control of the President; that the President had the right to put his own conception of the law into execution; and, if the subordinate officer refused to obey, then to remove such officer; and that the Senate had therefore no right to censure his removal of the Secretary of the Treasury, in order to reach the government deposits.

To this doctrine Mr.Webster replied with great elaboration and ability.

The question was a very nice one.

There could be no doubt of the President's power of removal, and it was necessary to show that this power did not extend to the point of depriving Congress of the right to confer by law specified and independent powers upon an inferior officer, or of regulating the tenure of office.

To establish this proposition, in such a way as to take it out of the thick and heated atmosphere of personal controversy, and put it in a shape to carry conviction to the popular understanding, was a delicate and difficult task, requiring, in the highest degree, lucidity and ingenuity of argument.