The Cambria freeman. [volume] (Ebensburg, Pa.) 1867-1938, 1868-04-02
The Supreme Court Gag Bill.
The Presidents Veto Message.

f-ef'NstN y
l have considered with such care as the /
pressure of other duties has permitted a |
bill, entitled 'An act to amend an act |
entitled an act to amend the judiciary act"
passed the oath of September, 1889.
Not being able to approve of all its /
provisions, | herewith return it TO the |
Senate, in which house it originated, with |
a brief statement OF my objections The
first section of the bill meets my approba-
ton, as for the purpose of protecting the
rights of property from the erroneous de-
cisiens of inferior judicial tribunals. 1t
provides means for obtaining uniformly by
appeal to the Supreme Court..of Ithe Uni-
ted States, in cases which have now be-
come 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 apparent that the two sections were
conceived in very different spirit, and
regret that my objection to the one imposes
upon me the necessity of Withholding my
sanction from the other. | cannot give
my assent to a measure which proposes to
deprive any person restrained Of his or
her liberty, in violation of the Constitu
ton, or of any treaty or law of the Uni
ted States" from the right of appeal TO
the highest judicial authority known 10 our
government. To ''secure the blessings OF
liberty to ourselves and our posterity," is
one of the declared objects Of the Federal
Constitution. To assure these, guaran-
tees are provided III the same instrument
as well against unreasonable searches and
| seizures as against the suspension OF the
privilege of the writ of haJeas corpus, I'M
/ less when in cases of rebellion or invasion
the public safety may require it." 1t was,
/ doubtless, to afford the people the means
of protecting and enforcing these inestima-
ble privileges that the jurisdiction which
/ this bill proposes 70 take away was con-
/ terred upon the Supreme Court of the ma
tion.
The act comforting that jurisdiction was
approved on the 5th day of February,
1867, with full knowledge of the motives
that prompted its passage, and because it
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 protection Of the citizen from
the exercise OF that arbitrary power, and
to weaken the safeguard OF life and liberty,
which can never be made too secure against
illegal encroachments.
The bill not only prohibits the adiudica-
ton by theSupreme Court of cases in which
appeals may hereafter be taken, but inter
diets its jurisdiction on appeals which
have already been made 10 that high Judi
cial body. If, therefore, it should become
a law, it will, by its retroactive operation,
wrest from the citizen a remedy (which he
enjoyed at The time Of his appeal 1t will
thus operate most harshly upon those who
believe that justice has been denied them
ID the inferior courts.
The legislation proposed in the second
section, it seems to me, is not in harmony
with the spirit and intention of the Con
stitution II cannot fail 70 affect most In,
juriously the just eqaipose of our system
Of government, for it establishes prece-
dent which, if followed, may eventually
sweep away every check on arbitrary and
unconstitutional legislation. Thus fan
during the existence of the government the
Supreme Court of the United States has
been viewed by the people as the true
exponent of their Constitution, and in the
most violent party conflicts its judgments
and DEGREES have always been sought anG
deferred to with confidence and respect
In public estimation it combined judicial
wisdom and impartiality in a greater de,
gree than any other authority known tC
the Constitution, and any act which may
be construed into or mistaken for an at
tempt TO prevent or evade Its decisions OF
question which affects the liberty of the
, citizens and agitates the country, canno
fail to be attended with unpropitious
consequences.
1t viii be justly held by large por
ton of the people as an admission of tn
unconstitutionality of the act on which it
, Judgment may be forbidden or forestalled
and may interfere with that willing ac
3 quiescence in its provisions, which i
necessary for the harmonious and efficien
l execution of any law.
: For these reasons, thus briefly and i'm
perfectly stated, and for others, of whicl
want of time forbids the enumeration,
deem it my duty TO withhold my assen
from this bill, and to return it for the re
consideration of Congress.
ANDREW Johnson.
Washington, D. g., March %, 1868
THE VETO YEFoED.
5 AT six O'Clock on the evening of tn
e 26th ult. the Rump Senate passed, owe
the Presidents Veto, the bill depriving tn
4 Supreme Court Of appellate Jurisdiction j
all cases like the M'ArdIe case, arisin
= under the 'Ereconstruction' acts. Th
r vote was yeas 33; nays ga strict part
e vote. The following afternoon the Rum
D House passed the bill over the veto by
vote of yeas l12 nays 34-a strict part
e vote also-the Radicals all voting for th
= bill, thus depriving every citizen Of appe5
. to the highest judicial tribunal in case