The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1868-03-26


dent this afternoon sent to the SENATE
the following veto message OF the Dill
lately passed amending the judiciary
act:
To the Senate of the United States
have considered with such care as
the pressure Of other duties has permit
ted, a bill entitled an act to amend the
judiciary act passed on the oath of Sep
TENDER, 1889. Not being able to ap-
prove all Of its provisions, herewith
return it to the Senate, in which house
il originated, with brief statement OF
my objections.
The first section of tue bill meets my
APPRECIATION as far as the purpose OF
protecting the rights of property tIom
the erroneous decisions of inferior judi
cial tribunals. 1t provides means for
obtaining uniformity by an 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. Hsss
The second section, however, takes
away the right of appeal to that court
in cases which involve the life and lib
erty of the citizen, and leave them ex-
posed to the Judgment of the numerous
inferior tribunals. 1t is apparent that
the two sections were conceived i'll 4
very different spirit, and | regret that
my objection to the one imposes upon
nue. the necessity of Withholding my
sanction from the other. l cannot
give my consent to a measure
which proposes to deprive any
person restrained of liberty i'll Yio-
latiOn of the Constitution or of any
treaty or law of the United States from
the right of appeal to the highesS ju-
dicial authority known to our govern
ment. To secure the blessings of liberty
TO ourselves and our poSterity is one of
the declared objects of the Federal Con-
stitution, to assure the guarantees are
provided in the same instrument, as
we'll against unreasonable searches and
seizures, as against the suspension of the
privilege ofthe writ of habeas corpus,
unless when in cases of rebellion or in
vaSion public safety may require. 1t
was doubtless to afford the people the
means of protecting aud enforcing these
inestimable privileges that the juris-
diction which this bill proposes to take
away was conferred upon the Supreme
Court of the nation. The act confer
ring that jurisdiction was approved on
the 9Th day of February, 1867, with q
full knowledge of the motives that
prompted its passage, and because 1T
was believed to be necessary and right
Nothing has since occurred to disproye
the wisdom and Justice of the
measure aud to modify it as
now proposed would be to lessen the
protection Of the citizen from the eXer-
else of arbitrary power, and to weaken
the safe guards of life and liberty, which
can never be made too secure against
illegal encTOachmcnts. The bill not on
~ prohibits adjudication by the Su-
preme Court of cases in which appeals
mag hereafter be taken but interdicts
its jurisdiction on appeals which
have already been made to
that high judicial body. If,
therefore, it should become law, it
will by its retroactive operation, wrest
from the citizen remedy which he en-
jOyed at the time of his appeal. 1t will
thus operate most harshly on those
who believe justice has been denied
them in inferior courts. The legisla-
ton proposed i'll the second section, IL
seems to me, is not in harmony with the
spirit and intention of the Constitu-
ton. 1t cannot fail to affect injurious
~ the just cqnipoise of our system of
Government, for it establishes pre-
cedent which, if followed, may
eventually sweep away every check on
arbitrary and unconstitutional legisla-
ton of the government. The Supreme
Court of the United States has been re-
ceived by the people as the true eX
p0nnder of the Constitution, and in the
most violent party conflicts its judg-
ments and DEGREES have always been
sought aud deferred to with confidence
and respect. In public estimation it
combines judicial wisdom and Impair
TALLY in a greater degree than any
other authority known to the Consti-
tuition, and any act which may be con-
strued into or mistaken for an attempt
to prevent or evade its decisions on a
question which affects the liberty of
citizens and agitates the country, can
not fail to be attended with unpropi-
tious consequences, it will be Justly held
by large portion of the people as an
admission of the unconstitutionality of
the act on which its judy
ments may be forbidden or forcstalled,
and may interfere with that acquiescence
in its provisions which Is necessary for
the harmonious and efficient execution
Of any law.
For these reasons, TINS briefly and
imperfectly stated, and for others, of
which want of time fOrbids the enumer-
alton, deem it my duty to withdraw
my assent from this bill, aud to return
it for the reconsideration of Congress.
Signed ANDREW JOHNSON.
WASHINGTON, ID. c., March 25th, 1865