Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1834-04-19


and Justice the free People of the United States
have the undoubted right as individuals or col
ectively, orally or in writing, at such times and
in such language and fornlsaS they may think
nroper 10 discuss his official conduct, and to
express and promulgate their opinions concern
ing if. Indirectly also, his conduct may come
under review in either branch of the Legisa-
ture, or in the Senate when acting in its EXecu-
tive capaeity and so far as the executive or le-
gslative proceedings of these bodies may re-
qure it, it may be examined by them. These
are believed TO be the proper and only modes,
in which the President of the United States is
TO be held accountable for his official conduct.
Tested by these principles, the. resolution OF
the Senate is wholly unauthorized by the con-
stitution, and in derogatlon OF IT'S entlre splIlt
II assumes that a single branch of the Legisla-
tive Department may, for the purposes OF pub
lie censure and without any view to leglslanon
or impeachment, take up, consider, and decloe
upon, the official acts of the Executive. but IN
no part of the constitution is the President SUP
iected to any such responsibility; and IN no part
of that instrument is any such power conferred
on either branch of the Legislature.
The Justice of these conclusions Will be illus
trated and confirmed by brief analysis of the
powers of the Senate, and comparison OF their
recent proceedings with those powers.
The high functions assigned by the constltu-
ton to the Senate, are in their nature either Lee
gislative, Executive, or Judicial. 1t is only IN
the exercise fits Judicial powers, when sitting
as a Court for the Trial of lmpeachments, that
the Senate is expressly authorized and necessa-
rily required to consider and decide upon the
conduct of the President, or any other public
officer Indirectly, however, as has ALREADY
been suggested, it may frequently be called on
to perform that Office. Cases may occur In the
course of its Legislative or Executive proceed
ings, in which it may be indispensable to the
1(.& fhnf oh n
ouire into, and decide upon, the conduct OF the
President or other public officers; and in every
such case. its constitutional right to do so is
cheerfIlly conceded. But to authorize the Sc
nate to enter on such task in its Legislative or
Executive capacity, the inquiry must actually
GROW out of and tend to some Legislative or
Executive action; and the decision, when eX-
pressed must take the form OF some appropriate
Legislative or Executive act.
The resolution in question was introduced,
discussed, and passed, not as joint but as
separate resolution 1t asserts no Legislative
power proposes no Legislative action; and mel
Their possesses the form nor any of the attributes
| of Legislative measure. 1t does not appear
| to have been entertained or passed, with any
view or expectation of its issuing In law or
! Joint resolution, or in the repeal of any law or
! Joint resolution, or in any other Legislative ac-
| ton.
Whilst wanting both the form and substance
ola Legislative measure, it is equally manifest,
! that the resolution was not justified by any OF
the Executive powers conferred on the Senate.
| These powers relate exclusively to the consld-
Grafton of treaties and nominations to office;
and they are exercised in secret session, and
with closed doors. This resolution does not APP
| ply to any treaty or nomination, and was PASS
ed in public session.
! Nor does this proceeding in any way belong
to that class ofincidental resolutions which re-
| late to the officers ofthe Senate, to their cham
! Der, 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.ss IS
essence, true character, and only practical et-
| feet, are to be found in the conduct which it
charges upon the President and in the judg-
ment which it pronounces on that conduct. The
resolution, therefore, though discussed and a.
dopted by the Senate in IFS Legislative capacity
Is in its Office and in all its characteristics, es-
sentially judicial
That the Senate possesses high judicial pow
er, 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
Cdu US iiSltiully SuUJCCtCu " opOi
ton 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
T" United States, shall be removed from office
" on impeachment for and conviction of trea-
g son, bribery, or other high crimes and misde-
g meanors"-that the House of Representatives
/" shall have the sole power of impeachment
that the Senate g shall have the sole power to
try all mpeachments"- " when sitting for
that purpose, they shall be on oath or affirma-
tion''-that +" when the President of the United
States is tried, the Chief Justice shall preside"-
% no person shall be convicted without the
:" concurrence of two-thirds of the members
/" present'-and that judgment shall not ex-
&C tend further than to removal from Office, and
{" disqualification under the United States"
The resolution above quoted, charges in sub
stance 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 just
ly exposes him to impeachment by the House
of Representatives, and upon due conviction, to