The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1868-03-26
WASHINGTON.
VETO OF THE JUDICIARY B1rn


WASHINGTON, March 25.-The President to-
day sent to the Senate the following veto mes
sage OF the bill lately passed amending the ju-
dietary act:
To the Senator's of the United States II have
considered with such care as the pressure of
other duties has permitted, bill entitled an
act to amend the Judiciary act, passed the Oath
of September, 1889. Not being able to approve
all of its provisions herewith return it to the
Senate, the House in which it originated, with
a brief statement of my objections
The trst section meets my appreciation As for
the purpose of protecting the rights of prom
erty from the erroneous decisions of inferior
judicial tribunals, 1t provides means for OBJ
tanning uniformity, by an appeal to tbe Sn
preme Court of the United States in eases
when have now become very numerous and
IA which such remedy is not now allowed.
Inc second section, however, takes away the
riSne VI appeal TO that court in cases which in
Voive the life and liberty of the citizen. and
leaves them exposed to the Judgment of num-
erous inferior tribunals. 1t is apparent that
the Two sections were conceived in a very diff
Iefent spirit, and regret that my objection to
one imposes upon me the necessity of with
noldlng my sanction to the other. l cannot
give my consent to a measure which proposes
TO deprive any person restrained of his or her
liberty in violation of the Constitution or any
treaty or law of the United States, from the
right OF appeal to the highest judicial authori-
ty known to our Government. To secure the
blessings of liberty to ourselves and our nos
terlty is one of the declared objects of the Fed
eral Constitution; to assure these guarantees
are provided in the same instrument, as well
as against unreasonable searches and seizures.
as against the suspension of the privilege Of
Tue VIII or habeas corpus unless when in cases
Oh rebellion or invasion the public safety NAV
require II. ltwas doubtless to afford the means
OF protecting and effecting these inestimable |
privileges, that the jurisdiction which this bill
proposes TO take away, was conferred upon |
the Supreme Court of the Nation The act |
conferrlng that jurisdiction was approved on |
tne oth day OF February, 1867, with a full |
Knowledge OF the motives that prompted its |
passage, and because it was believed to be nee |
essary and right; nothing has since occurred |
TO dlsprove the wisdom and Justice of the
measure; and to modify it as now proposed
Wouid De 10 lessen the protection of the cti-
zen from the exercise Of arbitrary power and
to weaken the safeguards of life and liberty.
winch can never be made too secure against
Illegal encroachment
The bill not only prohibits the adjudication
by the Supreme Court of cases in which ap- |
peals may hereafter he taken, but nterdicts its |
jurisdiction on appeals which have already |
been made to that high judicial body. If there |
fore 1t should become a law, it will, by its re-
troactive operations, wrest from the citizen a |
remedy which he enjoyed at the time of his |
appeal 1t VIII operate most harshly upon
these who believe that justice has been denied |
them in the inferior Courts. The legislation |
proposed in the I'd section, it seems to me, is
OF the constitution. 1t cannot fail to affect |
most lnlurlously the just equipoise of our sys- |
tenn OF government for it establishes preced-
ent, which If followed, may sweep away every
c Si on arbitrary and unconstitutional legis-
lation of the Government The Supreme
Court OF the United States has been viewed bv
the people as the true expounder of the Com
stltntIcn, and with most violent party conflicts
It's Judgment and DEGREES have always been |
sought and deferred to with confidence and re- |
spect in pnblic estimation 1t combines iudic- |
lal wisdom and impartiality in greater degree |
than any other authority known to the Consti- |
tuition, and any act which may be construed |
into or mistaken for an attempt to prevent or |
evade Its decisions on question which affects |
the liberty OF the citizens, and agitates the |
country, cannot fail to be attended with nm |
propiious consequences.
1t Will be justly held by large portion of |
the people as an admission of the unconstitu- |
tionality of the act on which its judgement NAV |
De forbidden or forestalled, and may interfere |
with that willing acquiesence in its provisions |
which is necessary for the harmonious and |
efficient execution of any law.
For these reasons thus briefly and imperfect-
ly stated, and for others, of which want of time
for6las the enumeration deem it my duty to
withhold my assent from this bill and return
1t for the reconsideration of Congress.
Signed, ANDREW JOHNSON.
Washington, D. c., March %, 1868
NoMINATIoNs AND CONTRIBUTIONS.
H., vi,
as United States Marshal for Rhode Island, |
also a number of off GERS in the revenue cutter
service.
The President nominated Commodore JOS |
Lanman to be Rear Admiral in place of Palm
er, deceased.
PATENTS. s5aIa
For the week ending March LIST 1913 patents
will be issued from the Patent Office; 563 APP
plications and 81 caveats were filed last week.
THE VETO MESSAGE
During the debate in the Senate in refer
ence to postponement of the consideration of
the veto message, Mr.. TrumbulI said he did not
attach the Importance to the bill some did. In
his view it did not take from the Supreme
Court jurisdiction in any case now pending be-
fore it.
GENERAL BUTLER TO OPEN THE IMPEACHMENT
CASE.
NEW YORK, March % Special Washington
dispatches this afternoon state that Gen. But
Ter will open the argument in behalf of the
impeachment managers on Monday.
THE ALASKA TREATY.
At the meeting of the House Committee on
Foreign Affairs tomorrow Mr.. Banks will en-
deavor to obtain reconsideration to postpone
consideration of the Alaska treaty appro-
priation till the LIST Tuesday in Nav. The
friends of the Alaska purchase are working
lndustriously to procure a speedy action. 1t
is believed the Committee will refuse to change
the time already agreed upon.
THE IMPEACHMENT EVIDENCE.
Witnesses for defence in the impeachment
trial will be very numerous.
The impeachment managers say they will
close the prosecution in four days, including
dence wi i'll be documentary, which is expected
to be admitted by the defence without requir-
ing formal proof.