New-York tribune., 1868-03-26
XLTH CONGRESS-HD SESSION
SENATE. .wAuurSerox. March 2s. 1873

The CHAIR laid before the Senate resolutions
Of the Constitutional Convention OF North Carolina thank
ing Congress for the stand which has taken also thank
ing Gen Canhy and the officers under his command for
their earlessness in executing the Reconstruction laws
Mr.. SALISBURY Dem Deli objected 10 their reception,
| but they were received. Mr.. CONKLING Rep., N. "
presented the memorial and the proceedings Of the Board
OF Trade OF oswego and Of the Common Council OF hat
city, praying the favorable consideration OF the plan re, re-
commended by Lieut. Col johnson OF the EnglneeS
preservation Of the mouth OF the oswe
go River Mr. MORGAN Rep, N ~ reported ,9r FRF
! LINGHUYSEN Rep. n JJ recommended inc lpIennlte I
postpOnementO Of the Senate bill forbiddlhs, ,bt @ M
FUL OF PUBLIC MONEYS, on the gronnu tna oSo s
bill had been passed on the SUBJECT sgreeu 70. lie
reported iayoraby the House e peTERsoN ep G J
reported fayoraby the bill regard to the RIGHTS OF
MARRIED WOMEN in the District Of Columbia.
| Mr. sTEWhR;r CRe,, New introduced bil TO pro
vide for an or
Fen is declared 10 be the fundamental law for pro
vsonal government and the officers then elected shall
onafy and enter upon the discharge oftheir duty The
Governor may thereafter the Legislature chosen
at said election and the Legislature Is empowered re
submit said Constitution proposed by Itself with or with
out amendments to the qualified electors OF Alabama,
for ratification at such time as 1t may desgnate When
ever majority vote shall have ratified the constitution so
submitted and the LEGISLATURE shall have latihed the
known the fourteenth article the Constitution OF Ala
bama be presented 10 Congress Tor approval Inc
and in enforcing these provisions Reconstruction
act Of March a. 1867, continued in force as modified
nrElcHNENr TRIAL REPORTS FOR THE PRESS.
Mr. ANTHONY (Rep., r. H. offered a resolution that
the presiding officer be authorized to admit seat
the floor the reporter OF the NewYork Associated Press
formed that the Associated Press contemplated sending
as full report of trial possible, and 1t was import
the testimony &C. which would be imperfectly heard
from the gallery. He therefore thought very desirable
At the suggestion of Mr. HOWE dtep, WEI, the resou'
ton was laid over.
~ NJ Rem ph ltlg
regard TO the Central Branch Of the Union Pacific Ran
Mr. MORRILL, G2ep, VIZ opposed the bin II GER
tany anomalous that the United States should be called
upon to build so many OF these rail3aas Wch & nNng Nv R
gantic corporations controlling the finances ahd the po
ties Of vast sections OF country lie pne % ard ce
Conmitee He was totally oPposn !" '1gse e oht m
Mr. HARLAN Rep, Iowa took the floor in support Of
the bil but before he had finished his remarks the PRES
IDENT announced the special orderthe report Of the
Standing Committee on
Mr EDMUNDS Gep., VT moved 10 amend the SOth
rule providing that amendments proposing addohal
appropriations shall be received TO any general appopr
alton bin unless be made carry ont the provisions OF
some existing law etc. by striking out the words pro
m RG odS be to pre-
appropriation bills with general provisions of legislation
rule providing that resolutions OF inquiry shall be first
referred TO the appropriate Committee to report upon inc
Mr. ANTHONY Qlep. II. H. said that frequently such
resolutions passed through unnOuced ana mSOiFed con
Mr. HOWARD rep. Mieh) moved to strike ont the
rule lie thought that resolutions might often be tm0th
cred Ia Committee; t was an anomaly lh essiaton 10
deprive senators of the night OF calling fCf information
Mr.. DAVIS dem, KyJ and HENDlslChS ODeh', lhdJ
Mr. @ U@ motion to srhe out the s
ON motion OF Mr.. MORRILL, llIep., Me- tho vote by
which the Army Appropriation bill was passed was te
considered and the Bill was again referred 10 the Co
on motion Of Mr. WILLIAMS Rep., orcconl the Senate
| lf
the Bill TO amend the judiciary Act Of i7S 1he seore
'"'' rIE PRESIDENTS VETO MESSAGE
TO ne Senator's Of The UHifd States:
have considered. with such the pressure Of
other duties has permitted, bin entitled An act to
amend the judiciary act passed the 2th OF SEPTEMBER
1852" Not being able 20 approve all OF It's provisions
herewith return IL the Senate In which House II origin
ated with brief statement Of my objections The first
section Of the bill my appreciation, as for the pur
pose OF protecting the rights OF property from the erro
decisions OF inferior judicial tribunals II provides
means for obtaining uniformity by appeal the su-
preme Court Of the United states In cases which have
very aud Of much public Interest
and in which such remedy is not now allowed
The second section, however takes away the night OF
appeal 20 that Court in cases which involve the life and
liberty Of citizen and leave them exposed to the Jndg
ment OF numerous inferior tribunals.
It apparent 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 the other. cannot give my assent to
measure which proposes TO deprive any person restrained
Of his or her liberty in violation OF the Constitution or OF
any treaty Of the United States from the right OF
appeal TO the highest Judicial authority known 90 our
Government. To secure the blessings OF nDeTg 10 our
selves and pOstcry Is Of the declared objects OF
the Federal Constitution. 10 assure lnese guataheeS
are provided the instrument as well as against I'M
reasonable searches and seizures against the suspension
cases OF rebellion INVASION the public safety may re
quro II doubtless to afford the people the means OF
| rgirp
that the jurisdiction which this bu proposes 10 take
away was conferred upon the supreme Court OF te ma
on the 5th OF February 1861 with fu knowledge OF
the motives that prompted It's passage and because 1t
was believed 70 be necessary ana Dght Nothing haa
since occurred dsprove the wisdom ana justice OF the
measures and 10 modify it, now proposed, would be
TO lessen the protection Of the citizen from the exercise Of
arbitrary power and 10 weaken the safeguards OF life
and liberty which never be made too secure against
The bin not only prohibits the adjudication by the su-
prene Court OF in which appeals may hereafter be
taken but interdcs its jurisdiction on appeals winch
have already been made 10 that high judicial body H.
therefore, should become law IL WILL by Its retroactive
operation, wrest from the citizen remedy when ne en-
yed at the time Of his appeal T tns CpcTae ns S hss
denied them by the inferior courts The Legislation pro
harmony ~ with the spirit and intention Of the Constitu
ton IL cannot fail TO affect most nlnlonsy lhe Jhst
precedent which, If followed, may eventually sweep
away every check on arbitrary and uncohsUtuto ig TX
slatlon Of the Government The supreme OVuIo Vi to
| United States has been viewed by the people
as the true expounder Oh In, uno na,cts r.
|
judgments and DEGREES have always been sought ana ue
frred to- with confidence and respect IN puDllc esa-
tion IL combines judicial wisdom and lmpartlalty III
greater degree than any other authority known 10 tne
Constitution; and any act which may be construed ho
or mistaken for attempt to prevent or eVade s ue
cisions on a question which affects the liberty OF the
citizens and agitates the country cannot fa 10 pe az AZ
Justly held by large portion Of the people as an admls
sion OF the unconsutonality OF the act on when ts
ndonent NAV be forbidden or forestaed and may inter
| fere with that willing acquiescence In its provisions
which is necessary the harmonious ana ehcent exc
cution OF any law these reasons thus brleny ana