Vandalia Whig and Illinois intelligencer. [volume] (Vandalia, Ill.) 1832-183?, 1834-05-08

: resolution, or'In any other legislative &C
: ton.
: Whilst wanting both the form and sub
] stance of a legislative measure, it is equal
e lily manifest, that the resolution was no
j Justified by any of the executive powers
e conferred on the senate. These powers
f relate exclusively to the consideration o
treaties and nominations to office; and they
are exercised in secret session, and will
closed doors. This resolution does no
5 apply to any treaty or nomination, ant
was passed in public session.
Nor does this proceeding in any way be
: long 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
lof the like nature-in all which either
house may lawfully proceed, without any
co-operation with the other, or with the
president. ..-.
On the contrary, the whole phraseology
/, and sense of the resolution seem to be ju-
dicial. Its essence, true character, and
only practical effect, are to be found in the
conduct which it charges upon the presi-
dent, and in the judgment which i, pros
nounces on that conduct. The resolution,
therefore, though discussed and adopted by
the senate 10 its legislative capacity, is, in
its office, and in all its characteristics, es-
sentially Judicial.
That the senate possesses high judi
cial 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
rightfulIy subjected to the operation of the
judicial power of the senate, except in the
cases ahdunder the forms prescribed b. the
constitution.
The constitution declares that "the pres
ident, vice president, 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" the house Of rep
resentatives 'sshal have the sole power
of impeachment the senate "shall
have the sole power to try all lmpeach
ments"-that "whcn sitting for that pur-
pose, they shall be on oath or affirmation"
that "when the president of the United
States IS tried, the chief justice shall pre-
side"-that emo person shall be convicted
without the concurrence of two-thirds of
the members present"-and that "judg-
ment shall not extend further than to re-
moval 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 re-
lating to The public revenue, the president
has usurped authority and power not con-
ferred upon him by the constitution and
laws, and that in doing so he violated both.
Any such act constitutes high crime
one of the highest, indeed, which the press
idcnt can commit-a crime which Justly
exposes him to impeachment by the house
Of representatives, and upon due convic-
ton, to removal from office, and to the
complete and immutable disfranchisemeni
prescribed by the constitution.
The resolution then, was in substance an
impeachment of the president; and its
passage amounts to declaration by ma
jority of the senate that he is guilty of an
Improbable offence. As such, it is spread
upon the journals of the senate-published
to the nation and to the world-made par,
of our enduring archives-and incorpora
ted in the history of the age. The punish
ment of removal from yfiice and future dis
qualification, does not, it is true, follow this
decision; nor would it have followed the
like d scision, if the regular forms of pros
ceeding had been pursued, because the re-
quisite numberdid not concur in the result :.
But the moral influence of solemn decla-
ration, by majority of the senate, that the
accused is guilty of the offence charged up
on HIM, has been as effectually secured, as
if the like declaration had been made upon
an impeachment expressed IN the same
terms. Indeed greater practical effect
has been gained, because the votes gwen
for the judgement of guilty on an impeach-
ment, were numerous enough to carry that
resolution.
| That the resolution does not expressly
allege that the assumption of power and
authority, which it condemns, was inten-
tional and corrupt, is no answer to the pre-
ceeding view Of its character and effect
The act thus condemned, necessarily i'm,
plies voiton and design in the individual
to whom 1t is imputed, and being unlawful
in its character, 1.-The legal conclusion is
that it was prompted by improper motives
, and committed with an unlawful INTENT
II Tho cha rro 10 not oc a v,,;ssoL, ~ tho ~