on.

Nor does this proceeding in any way belong to that class of incidental
resolutions which relate to the officers of the Senate, to their Chamber
and other appurtenances, or to subjects of order and other matters of
the like nature, in all which either House may lawfully proceed without
any cooperation with the other or with the President.

On the contrary, the whole phraseology and sense of the resolution seem
to be judicial. Its essence, true character, and only practical effect
are to be found in the conduct which it charges upon the President and
in the judgment which it pronounces on that conduct. The resolution,
therefore, though discussed and adopted by the Senate in its legislative
capacity, is in its office and in all its characteristics essentially
judicial.

That the Senate possesses a high judicial power and that instances may
occur in which the President of the United States will be amenable to it
is undeniable; but under the provisions of the Constitution it would
seem to be equally plain that neither the President nor any other
officer can be rightfully subjected to the operation of the judicial
power of the Senate except in the cases and under the forms prescribed
by the Constitution.

The Constitution declares that "the President, Vice-President, and all
civil officers of the United States shall be removed from office on
impeachment for and conviction of treason, bribery, or other high crimes
and misdemeanors;" that the House of Representatives "shall have the
sole power of impeachment;" that the Senate "shall have the sole power
to try all impeachments;" that "when sitting for that purpose they shall
be on oath or affirmation;" that "when the President of the United
States is tried the Chief Justice shall preside;" that "no person shall
be convicted without the concurrence of two-thirds of the members
present," and that "judgment shall not extend further than to removal
from office and disqualification to hold and enjoy any office of honor,
trust, or profit under the United States."

The resolution above quoted charges, in substance, that in certain
proceedings relating to the public revenue the President has usurped
authority and power not conferred upon him by the Constitution and
laws, and that in doing so he violated both. Any such act constitutes
a high crime--one of the highest, indeed, which the President can
commit--a crime which justly exposes him to impeachment by the House
of Repres