The national Republican. [volume] (Washington City [D.C.]) 1866-1870, 1868-03-26
The Prcsidcnts Veto of tho supreme
Court Bill.

The President yesterday sent tho following
message to the Senate:
To The Senate Of The emitted States: have con.
sidered, with such care as the pressure OF other
amend act entitled An act to amend the judi
| ciary act passed the twenty.fourth of Septem-
| Der, seventeen hundred and elghty-nine.'" Not
being able TO approve all of its provisions, l
| herewith return Ii to the Senate, in which house
| 1t originated. with u brief statement OF my OBJ
The first section of the bill meets my approba-
tion, as, for the purpose of protecting the rights
| of property from the erroneous decisions OF In
ferior judicial tribunals, 1t provides means for
obtaining uniformity, BY 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 such remedy Is not now
| allowed. The second section, however, takes
S which inyoisS the liz 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 a very diff
ferent spirit, and regret that my objection to
| one imposes upon ne the necessity OF withhold.
| ing my sanction from the other
| I cannot give my assent to q measure which
proposes TO deprive any person restrained OF
his or her liberty In violation OF me co Irt
States from the right of appeal TO the highest
judicial authority known 70 our Government
and our pOsterity" Is one of the declared objects
OF the Observation-Disclosures. To assure these,
IN sal
ures," as against the suspension OF the privilege
Of the writ OF hdbeai corpus unless when IN cases
of "rebelllOn or invasion, the public safety may
require It," 1t was, doubtless, to afford the PEG
pie the means OF protecting and enforcing these
which this blii proposes to take away was con,
ferred upon the supreme Court Of the nation
The act eonieTtnS that uTsdiesiGa ac1 was s,, SSP
hull knowledge of the motives that prompted its
passage, and because it was believed to be neees
, dispfove the wisdom and business OF the meas
ure, and TO modify II, as now proposed, would b
srRSs S ,&s to
safeguards OF life and liberty, which can neve
be made too secure against Illegal encronch
The bill not only prohibits the adjudication b!
the supreme Court of cases In which appeal
, diction on appeals which have already been mad
to that high Judicial body Il therefore, 1t SHOULD
become law y Will BY IT'S retroaSnye opera
enjoyed at the time OF his appeal. II will thu
operate most harshly upon those who believ'
that justice has been denied them In the ihierio
, The legislation proposed in the second section
. Il seems TO nc, is not In harmony with the spiri
! and Intention OF the Constitution. 1t canno
fail to affect most nJuriously the Just equipois
OF our system Of Governments for 1t estabiishe
sweep away every check on arbitrary and uneoH
d stitutlonNf legislation. Thus far during tn
l. Of the United States has been viewed by tn
n people as the true expounder OF their Constitu
ton, and in the most violent party CONFLICTS 4
y and deferred to with confidence and respect. l
public estimation 1t combines judicial wisdoI
l. and impartialHy in greater degree than an
,- other authority known to the Constitutions an
any act which may be construed into or mistake
j. for an attempt to prevent or eyade its decision
on a question which affects the liberty OF IL
citizens Snd HFtHteS the ,ioSntIy cannot is
> will be Justly held, by a large portion Of II
people, as an admission OF the unconstitut iona
e nv Of the act on which Its Judgment may be 70
n hidden or forestalled, and may Interfere wit
. that willing aoquiescence in Its provisions while
u execution OF any lLw. ,,--,.-,
For these reasons, thus briefly and Imperfect
stated, aud for others, OF which want o. tln
IN forbids the enumeration, deem 1t my duty
withhold my assent from this bill, and 10 retu
u 1t for the reconsideration OF Congress.
At ANDREW JOHNSON.
Washington, d. O., March IS, 1905.