Nashville union and dispatch. [volume] (Nashville, Tenn.) 1866-1868, 1868-03-26
LATEST 1'ELEGRAMS.
MIDNIGHT DISPATCHES.
THE JUDICIARY BILL.
Presidents Veto.

WASHINGTON, March 25.-The President |
this afternoon sent to the Senate the follow |
ing veto message of the bill lately passed
amending the judiciary act:
To the Senators of the United States
I have considered, with such care as the
pressure of other duties have permitted, a
bill entitled, an act to amend the judiciary
act passed the oath of September, 1889.
Not being able to approve all Of its provis-
ions, herewith return it TO the Senate, in
which House il originated, with brief
statement of my objections.
The first section of the bill meets my
appreciation. As for the purpose of pro-
tectiDg the rights of property from the
erroneous decisions of inferior judicial tri-
bunals, it provides means for obtaining uni
formity by an appeal TO the Supreme Court
of the United States in cases which have
now become very numerous and much to
| public interest, and in which remedy is not
low allowed.
The second section, however, takes away
| the right Of appeal to that court in cases
/ which involves the life and liberty of
| citizens, 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 L
regret that my objection imposes upon me
the necessity of Withholding my sanction
from the others. / cannot give my consent
to measure which proposes to deprive any
person of liberty in violation of the
Constitution. Any treaty or law of the
United States, from the rights of appeal to
the highest judicial authority known to
our government to secure the blessings of
liberty to ourselves and our posterity, is
one of the declared objects of the
Federal Constitution, to assume that guar
antees were provided in the same instru
ment as we'll against unreasonable searches
and seizures as against the suspension of
the privilege of the writ of habeas corpus,
unless when in case of rebellion or inva
sion, the public safety may require it. 1t
was doubtless to afford the people the
means of protecting and enforcing the ines
Unable privilege that the jurisdiction
which this bill proposes to take away was
conferred upon the Supreme Court of the
nation. The action comforting that juris-
diction was approved 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 dis
: prove the wisdom and justice OF
! | the measure, and to modify it as now
| proposed would be to lessen the protection
of the citizens from the exercise of arbi-
trary power, and to weaken the safe guards
of life and liberty, which can never be
made too secure against illegal encrOach'
t | ment. The bill not only prohibits the ad
, | Indication by the Supreme Court of cases
in which appeals may hereafter be taken
bat interdicts the jurisdiction on appeals
i which have already been made to thai
n high judicial body. II, therefore, it should
become law, it will by its retroactive
operation, wrest from the citizens a remedy
d which he enjoyed at the time of his ap
!. peal. 1t will thus operate most harshly
on those who believe justice has been de
MED them in the inferior courts.
s The legislation proposed in the I'd sec
# ton it seems is not in harmony with tn
e spirit and intention of the Constitution
. It cannot fail to effect injuriously the jus
e equipoise Of our system of government, 70
: it establishes precedent which, if followed
may eventually sweep away every checl
=, on arbitrary and unconstitutional legisla
IL ton of the government. The Suprem
e Court Of the United States has been We've
by the people as the true expounder of tn
Constitution, and in most violent part
conflicts, its judgments and DEGREES hav
n always been sought and deferred to wit
confidence. In the public estimation
ol combines judicial wisdom and impartialit
l. in greater degree than any other authorit
re- known to the Constitution, and any az
: which may be construed into or mistake
~ for an attempt to prevent or evade its d.
cision on a question which effects th
he liberty of the citizens and agitates tn
in country, cannot fail to be attended wit
IN unpropitious consequences. 1t will
of justly held by large portion of the poop
he as an admission of unconstitutionality
be the acts on which its judgments may
ed forbidden or forestalled, and may interfel
is with that acquiesence in its provision
al which is necessary for the harmonious an
n efficient executions of any law for the
rs reasons thus briefly and imperfectly state
h, and for others Of which for want
to time forbids the enumeration. / deem
Ir. my duty to withhold my assent from tn
ng bill and return it for the reconsideration
'e- Congress.
ar (Signed) ANDREW JOHNSON.
ss- Washington, d. c., March 25, 1868.