The Evansville journal. [volume] (Evansville, Ind.) 1866-1870, 1868-03-26

O. y Z
Of inferior iud cial tribunals 1t pro
yides means for obtaining uniformity.
By 10 appeal 70 the Supreme Court Of
the United States, IN cases viii ch
nave now become very numerous and
OF much public interest, and IN which
remedy is not now allowed.
The second section. however takes
away the right Of appeal to that
Court in cases which involve the life
aud liberty of citizens, and leaves
them exposed to the judgment Of nu-
merous inferior tribunals It is APP
parent that the two sections were
conceived In a very different spirit,
and | regret that my objection to the
first imposes upon me the necessity
Of Withholding my sanction to the
others | cannot give my consent TO
a measure which proposes to deprive
any person restrained Of liberty Oy
a violation of the Constitution. or of
any treaty or law Of the United States,
from the right Of appeal TO the high
est Judicial authority known TO our
Government To secure the blessings
of liberty to ourselves aud our pos
terity, is one of the declared objects of
the Federal Constitution. To assure
this, guarantees are provided in the
same instrument as we'll as against
unreasonable searches aud seizures,
as against the suspension Of the
privileges of the writ OF hIbeIs cor
puS, unless when, In case of rebellion
or invasion. the public safety may re-
quire. Itwas, doubtless, to afford
the people mems Of protecting and
an foroiuu u oso irastf y,o l. Ia v,rsvtlanaa
that the Jurisdiction which this bill
proposes 20 take away, was conferred
upon the Supreme Court Of the Ma
tion-the action affirming that the
jurisdiction was approved on the
9th day Of February, 1867, with full
knowledge of the motives that prompt
ed its passage, and because it was be
lleved to be necessary and right.
Nothing has since occurred to dis
prove 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 exer-
else of arbitrary power and to weaken
the safe guards Of life and liberty,
which can never be made too secure
against illegal encroachments. The
bill rot only prohibits adjudication by
the Supreme Court of cases in which
appeals may hereafter be taken, but
interdicts its jurisdiction on appeals
which have already been made to that
high judicial body. If, therefore, it
should become a law. it will, by its re-
tractive operation, wrest from the cit
izen a remedy which he enjoyed at the
time Of his appeal; it will thus ope-
rate most harshly on those who be-
lieve justice has been denied to them
in the inferior courts. The legisla-
ton proposed in the second section, it
seems, Is not IN harmony with the
spirit and intention of the COnstitu-
ton. 1t cannot fail to affect,
iniuriously the just equipoise
of our system of government, for it
tablishes a precedent which, if fol-
lowed, may eventually sweep away
every check on arbitrary and uneOn-.
stitutional legislation Of the Govern
meut The Supreme Court Of the
United States has been viewed by the
people as the true expOunder of the
Constitution, and In the most violent
party conflicts its judgment and de-
crees have always been sought and
deferred to with confidence S1d re-
speet. In the public estimation, it
combines judicial wisdom and impair
TALLY in a greater degree than any
other authority known to the Con-
stitution, and any act which
may be construed into or mis-
taken for an attempt to prevent or
evade its decision on a question
which affects the liberty of the Cit
zens and agitates the country, can
not fail to be attended with unprOpi-
tious consequences. 1t will be justly
held by large portion of the people,
as an admission Of the unco9stitu-
tiOnality of the actsHon which its
7 judgments may be orbidden or fore
stalled, and may interfere with that
aequiescenee in its provisions which
] it is necessary for the harmonious
ana efficient execution Of any law
For these reasons, thus briefly aud
imperfectly stated, and for others of
which. for want of tim forbids the
enumeration, l deem It my duty 20
withhold my assent from this bill,
aud return Il for the reconsideration
of Congress ANDREW JOHNSON.
WASHINGTON. ID Z March p. 1853