VETO MESSAGES.

WASHINGTON, D.C., _March 25, 1868_.

_To the Senate of the United States_:

I have considered, with such care as the pressure of other duties has

permitted, a bill entitled "An act to amend an act entitled 'An act to

amend the judiciary act, passed the 24th of September, 1789.'" Not being

able to approve all of its provisions, I herewith return it to the

Senate, in which House it originated, with a brief statement of my

objections.

The first section of the bill meets my approbation, as, for the purpose

of protecting the rights of property from the erroneous decision of

inferior 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 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 a very different spirit, and I regret that my objections

to one impose upon me the necessity of withholding my sanction from the

other.

I can not give my assent to a 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 to the highest judicial authority known to our

Government. To "secure the blessings of liberty to ourselves and our

posterity" is one of the declared objects of the Federal Constitution.

To assure these, guaranties are provided in the same instrument, as well

against "unreasonable searches and seizures" as against the suspensions

of "the privilege of the writ of _habeas corpus_, * * * unless when, in

cases of rebellion or invasion, the public safety may require it." It

was doubtless to afford the people the means 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 conferring that jurisdiction was approved on the 5th day

of February, 1867, with a full knowledge of the motives that prompted its

passage, and because it was believed to be necessary and right. Nothing

has since occurred to disprove the wisdom and justness of the measures,

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

safeguards of life and liberty, which can never be made too secure

against illegal encroachments.

The bill not only prohibits the adjudication by the Supreme Court

of cases in which appeals may hereafter be taken, but interdicts its

jurisdiction on appeals which have already been made to that high

judicial body. If, 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 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 section, it seems to me, is not

in harmony with the spirit and intention of the Constitution. It can

not fail to affect most injuriously the just equipoise of our system

of Government, for it establishes a precedent which, if followed, may

eventually sweep away every check on arbitrary and unconstitutional

legislation. Thus far during the existence of the Government the Supreme

Court of the United States has been viewed by the people as the true

expounder of their Constitution, and in the most violent party conflicts

its judgments and decrees have always been sought and deferred to with

confidence and respect. In public estimation it combines judicial wisdom

and impartiality in a greater degree than any other authority known to

the Constitution, and any act which may be construed into or mistaken

for an attempt to prevent or evade its decision on a question which

affects the liberty of the citizens and agitates the country can

not fail to be attended with unpropitious consequences. It will be

justly held by a large portion of the people as an admission of the

unconstitutionally of the act on which its judgment may be forbidden or

forestalled, and may interfere with that willing acquiescence 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, I deem it my duty to

withhold my assent from this bill, and to return it for the

reconsideration of Congress.

A Compilation of the Messages and Papers of the Presidents. Volume 6, part 2: Andrew Johnson · 第 620 / 803 题