The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1868-03-26
WASHINGTON.
ANOTHER VETO,
Ihe President vetoes the RIlI IakInE
From the Supreme Court Jnr. t..
ladletiOn in nHnbeas
Corpus Cases. cog p" sd
some Parts OF /. ne likes ,Ana! some g
He Done like

WAsHReToR, March 25.-The Presi-
dent this afternoon sent to the Senate
the following veto message of the, bill
lately passed amending the Judiciary
To Me Senate Of Me United states:
Ihave considered with such care as
the pressure of other duties has permit
ted Q bill entitled ''An act to amend
the judiciary, act passed the 24th of
September, 1889" Not being able to
approve all OF its provisions, Herewith
return 1t to the Senate, in which house
it originated, with a brief statement OF
my objections. The first section OF the
bill meets my appreciation as far as the
purpose of protecting the rights OF pro
perty from the erroneous decisions
Of inferior judicial tribunals Is
obtaining uniformity by an ap-
peal to. the, Supreme Court OF the
United States in cases which hAYa now
become very numerous and OF much
public Interest, and In which such q
remedy is not now allowed. la4s
The second section, however, takea
away the right Of appeal to that court
In cases which involve the life and lib.
erty of the citizen, and leaves them ex.
posed to the Judgment OF numerous in
ferior tribunals. It is apparent Ihnt
the two sections were conceived in a
very different spirit, and regret that
my objection to one imposes upon me
the necessity OF Withholding my Sane
tion from the other. cannot give my
consent to a measure which proposes 10
deprive any person restrained ofliberty
In violation 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 gov.
ernment.N To secure the blessings of
liberty TO ourselves and to our poSteri-
tV is one of the declared objects OF the
Federal Constitution. To assure the
guarantees are provided in the same
instrument, as we'll against unrea.
the suspension OF the privilege Of the
writ of hdbenS corpus, unless in cases of
rebellion or invasion the public safety
may require.
It was doubtless to afford the people
the means of protecting and enforcing
these inestimable privileges that the
Jurisdiction which this bill proposes to
preme Court of the nation. The. act
comforting that jurisdiction was ap.
proved ON the 9th day of February,
1867, with a full knowledge of the mo-
tiVes that prompted its pRssage,i and
because 1t was believed to be necessary
and right. Nothing has since occurred
to disprove, the wisdom and Justice of
the measure, and to modify it as now
proposed would be to lessen the pro.
lection OF the citizen from the exercise
| of arbitrary power, and to weaken the
safe-guards OF life and liberty, which
can never be made too secure against
illegal enoroachmentB.
The bill not only prohibits adjudIca.
ton by the Supreme Court, OF cases In
which appeals may hereafter be taken,
but interdiots Its Jurisdiction on ap:
peals which have already been made
to ttat high Judicial body. If, there
fore, 1t should become q law, It will
from the citizen remedy which he
enjoyed at the time of his appeal. II
| will thus operate most hRrshlY on
those who believe Justice has been de.
MED them In Interior courts. The
legislation proposed in the second sec
tion, 1t seems to me is not In harmony
with the spirit and intention of the
Constitution. 1t cannot fail to effect
ipjuriously the just equipoise OF ouI
system of Government, for It estab.
liBhes q precedent which, IL followed
may eventually sweep away every
check on arbitrary and unconstitution-
al legislation of the Government.
The Supreme Court OF the United
States has been received by the people
as the true expounder of the ConstItu.
ton, and In most violent party con.
dlcts Its judgment and decrees have
always been sought and deferred tc
with confidence and respec1 in public
estimation. II combines judicial wis
dom and impartially in q greater de,
gree than any other authority knowt
TO the Constitution, and any act whicf
nay be construed into or mistaken fol
an attempt to prevent or evad0 its decI
sions on a question which affects thu
liberty Of citizens and agitates thI
country, cannot fail to be attended will
unpropitious consequences, 1t will b,
justly held by large portion Of tn,
people as an admission OF the uncon
stitutionalIty OF the act on which IL
judgments may be forbidden or fore
stalled, and may interfere with tha
|, aequiescence in its provisions which Il
necessary for the harmonious and em
cient execution of any law.
For these reasons thus briefly anC
lmperfectly stated, and for others, o
which the want of time Eorblds the emu
, meratIon, I deem It my duty to with
hold my assent from this bill, and to re
turn it for the reconsideration Of Con
(sIgned,) ANDREW JoHNsoN.