The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1868-03-30

The President on Wednesday sent to the
Senate the following veto message of the bill
lately passed amending the Judiciary Act:
To Me Senate Of the United States:
I have considered, with such care as the
pressure of other duties has permitted, Dill
entitled An act to amend an act entitled An
act TO amend the Judiciary act, passed the
twenty. fourth of September, seventeen hundred
and e;rbty-nine." Not being able to approve
ali of its provisions, herewith return 1t to the
Senate in which house it originated, with
brief statement of my objections.
probation, as, for the purpose Of protecting
the rights of property from the erroneous de-
cisions of inferior judicial tribunals, it pro-
yides 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 away the right
of appeal to that court in cases which involve
the life and liberty of the citizen, and leaves
them exposed to the judgment OF numerous
inferior tribunals. It is apparent that the two
sections were conceived IN o very dliterent
spirit, and I regret that my objection to one
imposes upon me the necessity OF withholding
mv sanction from the other.
cannot give my assert to measure which
proposes to deprive any person restrained
Of his or her liberty, in violation OF the conStl-
tuition, or of any treaty or law OF ths United
States, :" from the right of appeal to the high
est judicial authority known to our govern
ment. To sssecure the blessings Of liberty to
ourselves and,our posterity' is one OF the de-
clared objects Of the Federal Constitution. To
assure these, guarantees are provided IN the
same instrument, as we'll against ''unreasona-
BILE searches and seizures" as against the sus-
pension of the privileges of the writ Of hd6eas
corpus, unless when, in cases OF rebellion or
invasion, the public safety may require it." It
OF protecting and enforcing these inestimable
privileges that the jurisdiction which this bill
proposes to take away was conferred upon the
Supreme Court OF the nation. The act con-
ferring that jurisdiction was approved on the
5th day of February, 1867, with full know
ledge of the motives that prompted Its pas
sage, and because it was believed to be neces-
sary and right. Nothing has since occurred
to disprove the wisdom and business OF the
measure. and to modify it, as now proposed,
would be to lessen the protection OF the cii-
zen from the exercise OF arbitrary power, and
to weaken the safeguards OF life and liberty,
which can never be made too secure from
Illegal encroaehment.
The bin NOT only prohibits the adjudication
by the Supreme Court OF cases in which ap-
peals may hereafter be taken, but interdicts
its jurisdiction on appeals which have already
been made to that high judicial body. II,
therefore, it should becomea law, it will, BY
its retroactive operation, wrest from the citl-
zen remedy which he enjoyed at the time of
his appeal. It will thus operate most harshly
upon those who believe that justice has been
denied them in the inferior courts.
The legislation proposed IN the second sec |
lion. it seems to me, is not In harmony with |
The spirit and intention of the constitution. |
It cannot fail to affect most ipjuriously the |
lust equipoise of our system OF government; |
for it establishes precedent which, II fol- |
lowed, may eventually sweep away every check |
on arbitrary and unconstitutional Legislation. |
Thus far during the existence OF tne govern
ment the Supreme Court of the United States |
has been viewed by the people as the true ex-
pcunder Of their constitution, and In the most
Violent party conflicts its judgment and de-
crees have always been sought and deferred to |
with confidence and respect. In public estl-
NATION il combines Judicial wisdom and i'm
partiality in greater degree than any other
authority known to the constitutions; and any
act which may be construed into OF mistaken
for an attempt to prevent or evade Its decisions
on question which affects the liberty Of the |
citizens and agitates the country, cannot fail |
to be attended with unpropitious consequences.
It will be Justly held, by 8 large portion CT the |
people. as an admission OF the unconstltutlon- |
ality Of the act on which its Judgment may be |
or forestalled, and may interfere |
with that willing acqulescence IN its provisions
which is necessary for the harmonious and |
efficient execution Of any law.
For these reasons, thus briefly and imper-
fectly stated and for others, of which want of
time forbids the enumeration, deem it my
duty to withhold my assent from this bill, and
to return it for the reconsideration OF Congress-
ANDREW JOHNSON.
WASHINGTON, D. c., March %, 1868.