Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1868-03-26
Presidents Veto.

To the. Senate of the United States
& I have considered, with such care as the
pressure of, other duties has permitted, bill
entitled can act to amend an act entitled An
act to amend the judiciary act, passed the
twenty fourth of September, seventeen hun
dred and eighty-nine.' Not being able TO APP
prove all Of its provisions, [ herewith return
it to the Senate, in which House it originated
with brief statement Of my objections.
The first section of the bill meets my APP
probation, as, for the purpose Of protecting the
rights of property from the erroneous DECISIONS
of inferior judicial tribunals, it provides means
for obtaining uniformity, by appeal to the Su'
irene Court of the u. S. in cases which have
now become very numerous and ofmuch public
interest and in which such remedy is not now
allowed. The second section, however, takes
away the right of appeal 10 that court IN cases
which involve the lie and liberty OF the citizen,
and leaves them exposed to the judgment OF
numerous inferior tribunals. 1t is apparent
that the two sections We're conceived IN very
different spirit, and [ regret that my objection
to one imposes upon me the necessity OF with
holding my sanction from the other.
[ cannot give my assent to measure which
proposes to deprive any person restrained OF
his or her liberty, in violation OF the Consttu.
ton, or cf any treaty or law of the u. s.,
from the right of appeal to the highest judicial
authority known to our Government. 10
secure the blessings Of liberty to ourselves and
our posterity" is one of the declared objects OF
the Federal Constitution. To assure these,
guarantees are provided in the same instrument,
as we'll against unreasonable searches and
seizures" as against the suspension OF the
privilege of the writs of habeas corpus, unless
when, in cases of rebellion or invasion, the
public safety may require it" 1t was doubt
less to afford the people the means Of protect
ing 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 comforting that
jurisdiction was approved on the 9TH day OF
February, 1867, with a full knowledge of the
motives that promptedits passage, and because
it was believed to be necessary 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 citizen from the exercise
OF arbitrary power, and to weaken the safe
guards of life and liberty, which can never be
made too secure against illegal encroachment.
The bill not only prohibits the adjudication
by the Supreme Court of cases in which ap-
peals may hereafter be taken, but interdlcts its
jurisdiction on appeals which have already
been made to that high judicial body. II,
therefore, it should become a law, it will, by
its retroactive operation, wrest from the citizen
a remedy which he enjoyed at the time OF bis
appeal. 1t 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
ton, it seems to me, is not IN harmony with
the spirit and intention of the Constitution.
It cannot fail to affect most iniurousIy the
just equipoise of our system of government;
for it establishes precedent which if followed,
may eventually sweep away every check on
arbitrary and unconstitutional legislation.
Thus far during the existence Of the Govern
ment the Supreme Court of the u. S. has
been viewed by the people as the true expoun-
der Of their Constitution and in the most VIC
lent party conflicts its judgments and DEGREES
have always been sought and deferred to with
confidence and respect In public estimation
it combines judicial wisdom and impartiallty
in a greater degree than any other authority
known to the Constitution and any act which
may be construed into or mistaken Tor an at
tempt to prevent or evade its decisions on
question which affects The liberty Of the citi
zens and agitates the country, cannot fail to be
attended with unproptious consequences; 1t
will be justly held, by a large portion OF the
people, as an admission of the demonstrations
atty of the act on which its judgment may be
forbi lden or forestalled. and may interfere
with that willing acquiesccnce in its provisions
which is necessary for the harmonious and
efficient execution Of any law
For these reasons, thus briefly and imperfect.
ly 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 ofCoDgress.
ANDREW JOHNSON.
WASHINGTON, D. c., March IS, 1868.