Daily Davenport Democrat. [volume] (Davenport, Iowa) 1864-1874, 1868-03-26

About fifty Germans OF both sexes, from
| Bremen. passed through here yesterday for
| Virgins. |. is said that these are pioneers
| of over 10 900 such emigrants. TO be brought
10 Baltimore during this year, thence sent
70 new homes In the South
! Tie Secretary OF War tn day transmitted
10 the Heu e communication from Lieut.
! Gen sherman, inclcsng one from the Pres.
! i1ent OF the Union Pacific Railroad Com
pany. sstern Division, asking aid from
Congress ia extending tia. road TO Fort
Lyon.
Brg. Gen. Hunsphreys, Chief Engineer of
,he bureau. hss. through the Secretary Of
VA, sent To the House revised estimates
tot fiyer and hafbpr improvements for The
Var ending June 1859. They Imoun, 10
Sivi25ua. liz says they are as low US is
ce.tDed prudent
Another communication from the War
Department says that on the 9Th Of Decen-
Der there were five officers and fifty-eieht
men on the leland San Juan. the territory
10 dispute between the United States and
Great Britain, now held by joint occupa
| ton.
The President to day cent communica-
ton to the House. inclosing brief report
from The Secretary Of State. saying that In
his opinion II Is not compatible with public
interests AT this time to comply with the
resolution calling for copies OF cofresponf-
I cree, negotiations and treaties had or made
with any German States since the first of
Jsnuary last, relating to the rights OF nat
uralized citizens.
Mr.. Trumbuli, in his remarks in the Sen-
ate on the veto. said he did not attach the
importance To the bill that some others did
In bis view the bill Gid not take from the
supreme Court the jurisdiction OF any cas.
no before il " simply repealed go mu d
Of an act Of Febru.ry oh. 1861, rs allowed
appeals 10 be taken from the Circuit Court
| 10 the Supreme Court in babeas corpus
cases arising under II, and not IN cases
arislul under the net Of 1889, as the Nc
Arlle case.
The following is the text of the message
sent - the Senate this afternoon, vetoing
The bill entitled AN Act to amend the Jul
ficiary Act, passed oath OF September
l1s9 The President ssys:
The first section Of the bill meets my
appreciation. ms for the purpose of protect
ing the rights o! property from erroneous
decisions Ut inferior judicial tribunals. il
provides means for obisinipg uniformity by
an appeal to the Supreme Court Of the
CDi,ed States IN cases which have now be
come numerous and of public interest. and
in which this remedy Is not now allowed
Section second, however, takes away the
right OF appeal to that Court in cases which
involve the life and libvrty of the citizen
aud leaves hun exposed to the judgments q
numerous interior tribunals. II is apparen
| c,nnot give my consent TO measure
which proposes 10 deprive any person re
, strained OF liberty in violation of the Con
stiiutipD, or OF any treaty or law of tn
. United states from the right Of appeal Il
, the hiebest judicial authority known to GU
government The bill not only prohlbr
adjudication by the Supreme Court OF case
in which appeals may hereafter be taken
but interdicts its jurisdiction on appeal
which have already been made TO that hgf
judicial body. II, therefore, II should be
. come u law it will. by its retroactive opera
a ton, wrest from the citizen remedy whicl
!. he enjoyed at the time of his appeal.
!. will thus operate most harshly on thos
A who believe that Justice has been denie
them in interior courts. The klegislatio
proposed in the second section, 1t seems L
me, is not in harmony with the spiii
and intention Of the Constitution.
/ cannot but effect injuriously the jus
. eqpipoise of our system OF Go,
. ernment, Tor it establishes pr,
n Jedcpt which. II followed, may eventually
70 sweep away every check on the arbitrar
l. and unconstitutional legislation Of the Go,
10 eminent.
4 ANY act vhich may be construed into q
mistaken tor an attempt ~ prevent or CIV al
|, the decision oi The supreme Court on
r. question which affects the liberty OF the eli
= zen aud aeiia'cs The country cannot Ia
bu; be attended with unpropitious const
s quences 1t will he justly heli by a larg
portion al the people Ms al admission OF III
i unconsiitutionalny OF the acts on which il
9 judgements may he forbidden or forestalle
:. and may interfere with that acquescencc c
: lis provisions which Is necessary Tor til
Il harmonious and Efficient execution OF an
Jaw
70 For these reasons, thus briefly and in
= perfectly stated. and Tor others OF which
:, iot want al time, iurb,1s enumeration,
. de, IN u my duty to withhold my assent I
!, tins bili and return it for the reconsider,
IL zion oi Congress.
:, Signed ANDREW JOHNSON.
g Washington, ID. C., March 25, 1868.