South Branch intelligencer. [volume] (Romney, Va. [W. Va.]) 1830-1896, 1868-04-03
PREsIDENT,S VETO.

- ~
To As Senate ofLie JIaiiei Sss<<s :, >,
] have considered, with such cart as the prs,-
sure OF other duties has permitted bill. entitled
ian act TO amend an act entitled an act 60 amend
the Judiciary act, passed the 2tfh Of Srrternber.
ions, herewith return IL 10 the Seusss. in which
house IL orig'naisi, with brief statement Of my
objections.
The frs, section of the bill meets my approba-
ton, rs, for the purpose of protecting :hsric-its
Of property from the erroneous decisions OF in
ferior Judicial tribunals it provides mean. for OBJ
tanning uniformity, 10y appeal TO tie Supreme
Court Of the United STATES in case. which
have now become very numerous and of much
public interest, and In which such remedy is not
now allowed. The second .eciion, however takes
away the right OF appeal TO that court in eases
which involve the life aud liberty Of the citizen
aud leaves them exposed To the judgment of su-
mcrous inferior tribunals. II is apparent that
the two sections were conceived in very diferent
spirit and regret that my objection 10 one i'm
poses upon me the necessity OF withholding INV
sanction from the other. -
| cannot give my assent to n measure which
proposes to deprive any person 'restrained OF
his or her liberty in violation of the Constitution
or Of any treaty or law OF the United States -
from The right'of appeal - the highest judicial
authority known to our Government To $50
cure the blessings of liberty to ourselves aud our
po.terity' is one of the declared objec:. of IN.
Federal Constitution. To assure these puaran-
tees are provided in the same instrument q, well
against unreasonable searches and seizures AS
against the suspension OF the privilege OF the
writ OF habeas corpus, unless when in cases of
rebellion or invasion, the public safety NAV re-
qute IT." II was doubtless TO afford the people
the means OF protecting and enforcing these ines
Unable privileges that the jurisdiction which
'h's OIL proposes 10 take away was conferred upon
the supreme court or the nation. The act c onfor-
ring that Jurisdiction was approved on the 5ih
day OF February, 1867, with full knowledge OF
The motives that prompted its passage, and be-
cause IL WAS believed I , he necessary and right
Nothing has since occurred TO disprovc the wis
dom and business Of the measure and To modify
H. as now proposed, would be TO lessen the pro
tecton OF the citizen from the exercise OF arbitrary
power, and 10 weaken tho safeguards Of life and
liberty, which never be made tpu secure
against illegal encroachmeutS.
The bill not only prohibits the adjudication III
the supreme Court Of cases in which appeals may
hereafter be taken, but nterdicts its Jurisdiction
on appeals which have already been made to Thai
high judicial body. II. therefore; il should be
come law, 1t will, by its retroactive Liberation
wress from the eitizeu remedy which he enioy
ed nj the time of his appeal. II will thus opernto
most harshly upon those who believe that iustice
has been denied them in the inferior courts.
lne legislation proposed in the second sectiop
u seems TO me, is not in harmony with the sn;rit
ana intention OF the Constitution. IL cannot fail
20 Affect most injuriously the Just eouinoise ~
our system OF Government: for IL establishes a
precedent which, If followed. may eventually
sweep away every check on arbitrary md nncon-
shtuhonal legislation. Thus far during the ex-
is'enco OF the Government the Supreme Court OF
Inc United States has been Viewed by the peopIe
~ the true e1pounder OF their Constitution and
In ths most violent party conflicts its judgment
and DEGREES have ALWAYS been sought and deferred
TO with confidence and respect, In public esi-
nation II combines judicial wisdom and impar-
'lniltv in greater degree than anv other autho-
r'tv known TO the Constitution :. nni any act
which may be construed into or mistaken for AN
attempt 10 prevent or evnde its decisions on a
question which affects the liberty or the citizen
and agiates the country cannot fail 20 be attend
ed with nnpropiiious consequences. IL will be
justly held by large portion OF the people "a an
admission OF the unconstitutionalitvo OF the on
which It's judgment may be forbidden or fore.
stalled, aud may ntsrfere with that willing acqui-
sscence in its provisions which is necessary for
the harmonious and efficient execution OF any
law
For these reasons thus briefly and imperfectly
stated, and for others, of which want of time
forbids the enumeration, ] deem il my duty to
withhold my assent from this bill and to return
1t for the reconsideration OF Congress
AS9RSw JOHNSON.
WAsHISGToS, ID. c., March -, 1868.