Public ledger. [volume] (Memphis, Tenn.) 1865-1893, 1868-03-26
CONGRESSIONAL.

In the Senate yesterday the chair pre-
sented the resolutions of the North Caro-
lima Black-andtan Convention indorsing
Congress, Candy, etc.
Stewart introduced bill to provide for
q temporary and provisional government
for Alabama. ,sH
The President sent in the following
veto messenger on
To the Senators of the United States;
l have considered with such care as
the pressure of other business has per-
mitted, bill entitled ian act to amend
the Judiciary act, passed the Gath of
September, 1889" and not being able to
approve of all its provisions, herewith
return it to the Senate, in which House
1t originated, with brief statement Of
my objections. The first section of the
bill meets my appreciation, as far as the
purpose Of protecting the right of
property, of the erroneous decisions of
inferior judicial tribunals. 1t provides
means for obtaining uniformity by an
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 this remedy
is not now allowed. ..f..t ~.
The secsnd section, however, takes
away the right of appeal to that court, in
cases which involve the life and liberty
of the citixens, and leayes them exposed to
the Judgment of the numerous inferior
tribunals. 1t is apparent that the two
sections were conaidered in a very differ
emit spirit, and regret that my objection
imposes upon me the necessity of ritb-
holding my sanction fro-.a the others. /
cannot give my consent to a measure
%nnlcn proposes to deprive any person,
restrained of his liberty, 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 Government. To Sc
cure the blessings of liberty to ours
sclves and to our posterity is one of
the declared objects of the Federal
Constitution, and to assure this guarau-
tees were made and provided in the same
instrument, as well as against unreason-
able searches and seizures, and against
the suspension of the privilege of the
writ Of habeas corpus, unless when in
cases of rebellion or to insure the public
safety, as occasion may require. twas,
doubtless, to afford the people means of
protection, aud enforcing that inesti'
nable privilege, that the jurisdiction
which this bill proposes to take away,
was css..fts.-.esda upon the Supreme Court
NJ the nation. The action Offering that
jurisdiction was approved on the = day
Of February, 1861, with q full knowledge
of the motives which prompted its pass
age, and because it was believed
to be necessary and right Nothing
has since occurred 10 disprove the wis
dom and Justice Of the measure, and TO
modify il as is proposed, would be to
lessen the protection Of the citizen from
the exercise Of arbitrary power, and to
weaken the safeguards Of life and iiber-
ty. which can never be made too secure
against illegal encroachments The blll
not only prohibits adjudication by the
court, Of the cases in which appeals may
hereafter be taken, but interdicts its
jurisdiction in appeals, which have
already been made TO that high judicial
body. II, therefore, it should become
law, it will by its restorative opera
tons, wrest from the citizen a rene
dy which he enjoyed at the time OF
his appeal, il will thus operate most
harshly on those who believe that justice
has been denied them in the inferior
courts. The legislation proposed in the
second section, il seems, is not IN har
mony with the spirit and intention Of the
Constitution, and it cannot fail to affect
iujuriously the just eqnipoise OF our sys-
TEN Of governmeo for il establishes q
precedent which, iffolloved, may eventu-
ally sweep away every check on arbitrary
or Unconstitutional legislation Of the
government The Supreme Court Of
The United States has been viewed by
the people a. the true expouuder OF
the Constitution, and in The most violent
party conflicts is Judgments and de-
crees have always been sought ana re-
fered 70 uith.c0nfdence and respect. ~
! the public estimation i comansi judicial