tToited  States?  We  have  seen  that  Congress
maj,  by  law,  rest  the  appointment  of  the  agent
to  keep  the  public  monej  in  either  the  Execu-
tive or  the  Judiciary ;  that  if  that  agent  b  not
appointed  by  the  Presidenti  even  the  protest
does  not  clainv  the  power ;  and  whether  the
judges  have  the  appointmeoi  vested  in  them  or
not,  they  can  never  pretend  to  the  custody.
But  the  eighth  section  of  the  first  article  settles
all  controversy  on  this  point,  by  providing  that
'*  the  Congress  shall  have  power" —

'^To  lay  and  collect  taxes,  duUes,  imposts,
and  excises ;  to  pay  the  debts,"  dec.
**To  borrow  money  on  the  credit  of  the
United  Stotes."

*^  To  coin  money,  regulate  the  value  thereof
and  of  foreign  coin."

Thus  Congress  alone  has  the  power  to  raise
the  revenue,  whether  by  taxation,  loan,  or  by
the  mint.  And  the  ninth  section  of  the  first
article,  providing  that  ^^no  money  shidl  be
drawn  from  the  treasury  but  in  consequence  of
wpropriations  made  by  law,"  gives  to  Congress
the  power  of  disbursing  as  well  as  raising  the
pnUic  revenue.  If  the  custody  of  the  public
moneys  is  not  expressly  given  in  these  clauses
of  the  constitution,  it  is  nowhere  expressly
given.  The  grants  of  the  powers  to  raise  and
appropriate,  neoeasarily,  to  my  mind,  include
the  power  to  keep  the  moneys  of  the  United
States.  But,  if  not  expressly  given  to  any,  yet
all  must  admit  that  it  belongs  to  someone
branch  of  the  (Government ;  that  it  necessarily
results  from  the  powers  which  are  expressly
given;  and  that  it  cannot  result  from  any
express  power  so  properly  as  from  those  of  col-
lecting and  appropriating  the  public  moneys.
