resolution, or in any other legislative action.

Whilst wanting both the form and substance of a 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 consideration of treaties and nominations to office,
and they are exercised in secret session and with closed doors. This
resolution does not apply to any treaty or nomination, and was passed
in a public session.

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