Evening star. [volume] (Washington, D.C.) 1854-1972, 1868-03-25
THE PRESIDENTS MESSAGE.
VETO OF THE BILL TO TAKE AWAY
The RIGHT OF APPEAL TO THE
SUPREME Court IN GER
TAIN CASES.

The President this afternoon sent 10 the Sen
sse the following veto message OF the bill lately
passed amending the judiciary act:
To the Senate of the Ujgtted STATS II have con-
sidered, with such care as the pl essure of otder
duties has permitted, bill entitled &" An act to
amend an act entitled An act to amend the
judiciary act passed the twenty foIftL of Sep
tember, seventeen hundred and eighty nine
Not being able 10 approve all of Its prov i5ions,
j herewith return it to the Senate, in wh,en
house it originated, with brief statement of
my objections.
ton, as, for the purpose of protecting the rights
OF property from the erroneous decisions of in-
ferlor judicial tribunals, IT provides 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 put
lie interest. and in which such remedy is nSt
NOW allowed. The second section, no weveT,
takes away the right of appeal to that Court in
cases " hIch involve the life and liberty of the
CITIZEN, and leaves them exposed to the judg-
ment of numerous inferior tribunals. II ap-
part mt that the two sections Were conceived in
a very different spirit and regret that my OBJ
Jeetion To one imposes npon me the necessity O.
Withholding my sanction from the other.
cannot give my assent 10 measure which
proposes TO deprive any person " restrained of
his OF her liberty in violation of the ConstitU-
tion. or of any treaty or law of the United
States" from the right Of appeal to the hi ighest
judicial authority known 10 our Government
To "secure the blessings of liberty to ourselves
and our posterity," is one of the declared OBJ
lects of the Federal Constitution. To assure
thess, guarantees are prOviied in the same in
strument, as well against ssunreasonable
searches and seizures" rs against the suspen-
sion Of the privilege of the writ of Bdbsds Cor
yuS, unless when, i'll cases of .srebellion or in
yasIOn, the public safety may require it," 1t was
doubtless to afford the people the means of pro-
tectlng and enforcing these inestimable priy wi
legs, that The jurisdiction which this bill pro-
poses TO take away was conferred upon the
Supreme Court OF the nation. The act con-
nrrNU fN4a.r Un-T. .1.x.,S,
5th day of February, 1867, with full knowledge
of the motives that prompted Its passage and
because n was believed TO be necessary and
night. Nothing has since occurred 10 disproye
the wisdom and business OF the measure, and to
modify II, as now proposed, would be TO lessen
the protection of the citizen from the exercise of
arbitrary power, and 10 weaken the safeguards
of life and liberty, which can never be made too
secure against Illegal encroa chments.
The bill not only prohibits the adjudication
by the supreme Court of cases in which ap-
peals may hereafter be taken, but interdicts It's
jurisdiction on appeals which have already
been made 10 that high judicial body. II.
therefore, IL should become a law, il will. by
its retroactive operation, wrest from the citi-
zen remedy which he enioyed at the time of
his appeal. Ii will thus operate most harshIy
upon those who believe tnat Justice has been
denied them III the inferior courts.
The legislation proposed in the second sec
ton, IT seems 10 me, is not in harmony with the
spirt and intention of the Constitution. 1t
cannot faIl to affect most inIuriously the lust
eQulpolse OF our system OF Governments for il
tsistD!lsneS precedent " nlcf, II followed, NAV
eventually sweep away every check on arbi-
trary and unconstitutional legislation. Thus
far duIlng the existence of the Government the
Supreme Court OF the United States has been
viewed by the people the true expounder
OF their constitution. and IN the most violent
party conflicts Its judgment and DEGREES have
always ben sought ana deferred TO with con-
hdence and respect In public estimation il
combines judicial wisdom and impartiality in
q greater degree than any other authority
known To the constitution; and any act whic b
may be construed into or mistaken for an at
tempt TO prevent or eya6e its decisions on a
question which affect the liberty of the citizens
and agItates the country cannot fail to b. at
tended with unpTOpltious consequences. Ii
will be- justly held, by large portion of the
people, as an admission ofthe unconstitutional
ity of the act on which its judgment may be for
hidden or forestalled, and may interfere with
that willing acQuIescence in its provisions
which Is necessary fOf the harmonious and ef-
fcient execu ion of any law.
For these reasons, thus briefly and imppr-
fectly stated, and for Others of which want OF
time fOrDlds the enumeration, i deem il nv
duty 10 withhold my assent from this bill, and
TO return II for the reconsideration of Congress
ANDREW JOHNSON.
Washington, ID. c., March 18th, 1s6s.