The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1868-03-27
veto or the BiIl 80 take away ire
Right Of Appeal 4" thc supreme
,.s I'm Certain Gases.

snurf I'm (erfRiti s'i"t".
Tho President this afternoon sent to the
coa,tc the following veto message Of the
An lately passed amending the Judiciary
act
n.y.. 1r .S,,qtr Of the United States
have considered, with such care as the
,.~.s>,lrc of other duties has permitted, q
i,,catjllcd can act TO amend an act en-
.;,,ra an act to amend the Judiciary act,
,.assed The Gath Of September, 1889" Not
5n;or able TO approve all of its provisions,
herewith return it to the Senate, in
mich house it originated, with a brief
statement Of my objections.
The first section Of the bill meets my
snprohation, as, for the purpose Of pro-
Getting the rights Of property from the
erroneous decisions of inferior judicial
tribunals, it provides means for obtaining
uniformity, by appeal to the Supreme
Court of the United States, in cases which
have now become very numerous and OF
much public interest, and in which such
remedy is not now allowed. The second
section, however, takes away the right OF
appeal to that court in cases which involve
the life and liberty of the citizen, and
leaves them exposed to the judgment OF
numerous inferior tribunals. 1t is appa-
rent that the two sections were conceived
in very different spirit, and regret that
my objection to one imposes upon me the
necessity Of withholding my sanction from
tie other.
! cannot give my assent to measure
which proposes TO deprive any person
"rcstraincd Of his or her liberty in viola
ton Of the Constitution, or of any treaty
or law Of the United States" from the
right Of appeal to the highest judicial
authority known to our Government. To
"secure the blessings Of liberty to our
selves and our poSterity" is one of the de-
clared objects of the Federal Constitution.
To assure these, guarantees are provided
IL the same instrument, as well against
unreasonable searches and seizures" as
against the suspension Of the privilege
of the writ Of haJeaS corpus, unless when,
in cases Of "rcbcllion or invasion, the
public safety may require it," 1t was
doubtless to afford the people the means OF
protecting and enforcing these inestimable
privileges that the jurisdiction which this
bill proposes TO take away was conferred
upon the supreme court of the nation.
The act comforting that jurisdiction was
approved on the 9TH day Of February,
1867, with full knowledge Of the motives
that prompted its passage, and because II
was believed to be necessary and right.
Nothing has since occurred to dlSproVc
the wisdom and business of the measure
and 10 modify il, as now proposed, would
be 10 lessen the protection Of the citizen
from the exercise of arbitrary power, and
TO weaken the safeguards of life and
liberty, which can never be made too
secure against illegal encroachments.
The bill not only prohibits the adjudica
ton by the Supreme Court Of cases in
which appeals may hereafter be taken, but
nlcrdictS its jurisdiction on appeals which
Lave already been made to that high judi
cia body. IT, therefore, it should become
q law, it VIII, by its retroactive operation,
wrost from the citizen remedy which be
cujovcd at the time OF his appeal. 1t Will
thus operate most harshiy upon those who
believe that Justice has been denied them
in tho inferior courts.
The legislation proposed in the second
section, it seems TO me, is not III harmony
with the spirit and intention Of the Constl
tuition. II cannot fail to affect most in
iurlousIv the inst equipoise Of our system
of Government Tor it establishes pre-
crdcnt which, if followed, may eventually
sweep away every check on arbitrary and
unconstitutional legislation. Thus far du-
ring the existence OF the Government the
Supreme Court Of the United States has
been viewed by the people as the true
espoundrr Of their Constitution, and IN
the most violent party conflicts Its
INDICTMENT aud DEGREES have always been
sought and deferred to with con-
adcnce and respect. In public estimation
ii combines judicial wisdom and impair
iiality in a greater degree than any other
authority known to the Constitution; and
any act which may he construed into or
mistaken for an attempt TO prevent or
cyaGc its decisions on Il question winch
affects the liberty Of the citizens and agl-
tatcs the country cannot fail to be attend
ed with uupropitious consequences. 1t
will be Justly held by a large portion OF
the people as an admission of the uncon-
stituIiOnality of the act on which its Judg-
ment NAV be forbidden or foreStalled, and
NAV interfere with that willing acqnl-
rScencc in lis provisions which is neces-
sarv Tor the harmonious and efficient exc
cution of any law
For these reasons, thus briefly and i'm
perfectly stated, and for others, Of which
want Of time iorbids the enumeration,
deem it my duty to withhold my assent
from this bill, and to return it for the re-
consideration of Congress.
ANDREW JOHNSON.
WGshinqt0n, d. g., March rs, 1868.