US Presidency
1834

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 enlarges 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.