The Sun.
London, England, 1861-12-16 00:00:00

I i,,y the rebellion are not beyond the es of the loyal
people, and to believe that the same patriotism which has
,thus far sustained the Government, will continue to sus-
Itain it till peace and union shall again bless the land, I re-
Ispectfully refer to the report of the Secretary of War, for
'information respecting the numerical strength of the army,
/and for recommendations, having in view an increase of its
efficiency, and the well-being of the various branches of the
service entrusted to his care. It is gratifying to knew that
the patriotism of the people has proven equal to the occa-
sion, and that the number of troops tendered greatly ex-
ceeds the force which Congress authorised me to call into the
field. I refer with pleasure to these portions of his report
which make allusion to the creditable degree of discipline
already attained by our troops, and to the excellent sanitary
condition of the entire army. The recommendation of the
Secretary for an organisation of the militia upon a uniform
basis is a subject of vital importance to the future safety of
the country, and is commended to the serious attention of
Congress. The large addition to the regular army in con-
nection with the defection that has so considerably dimi-
nished the number of its officers gives peculiar importance
to his recommendation for increasing the corps of cadets to
the greatest capacity of the Military Academy. By mere
omission, I presume, Congress has failed to provide chap-
lains for the hospitals occupied by the volunteers.
" This subject was brought to my notice, and I was in-
duced to draw up the form of a letter, one copy of which
properly addressed, has been delivered to each of the per-
sons, and at the dates respectively named and stated in a,
schedule, containing also the form of the letter, marked A,
and herewith transmitted. These gentlemen, I understand,
entered upon the duties designated at the times respectively
stated in the schedule, and have laboured faithfully therein
ever since. I, therefore, recommend that they be compen-
sated at the same rate as chaplains in the army.
"I further suggest that general provision be made for
chaplains to serve at hospitals as well as with regiments.
" The report of the Secretary of the Navy presents in
detail the operations of that branch of the service, the
lactivity and energy which have characterised the Adminis-
tration, and the results of measures to increase its efficiency
and power. Such have been the additions, by construc-
tions and purchase, that it may almost be said a navy has
been created and brought into service since our difficulties

.ommenced.
I "Besides blockading our extensive coast, squadrons
!larger than ever before assembled under our flag have been
i!iut afloat, and performed deeds which have increased our
naval renown. I would inv/fte special attention to the
cecommendation of the Secretary for a, mora perfect
organisation of the navy by introducing additional grades
in the service. The present organisation is defective and
unsatisfactory, and the suggestions submitted by the De•
partment will, it is believed, if adopted, obviate the diffi-
:eulties alluded to, and tend to promote harmony and in.
lerease the efficiency of the navy.
" There are three vacancies on the Bench of the Supreme
Court—two by the decease of Justices Daniel and M`Lean,
and one by the resignation of Justice Campbell. I have,
so far, forborne making nominations to fill the vacancies for
reasons which I will now state : Two of the outgoing
Judges resided within the States now overrun by revolt.
So that, if successors were appointed in the same localities
they could not now serve upon their circuits, and many of the
most competent men there probably would not take the
personal hazard of accepting to serve even here upon the
Supreme Bench.
" I have been unwilling to throw all the appointments
northward, thus disabling myself from doing justice to the
South on the return of peace, although I may remark that
to transfer to the North one which has heretofore been in
the South, would not, with reference to territory and popu-
lation, be unjust.
" During the long and brilliant judicial career of Judge
M`Lean his circuit grew into an empire, altogether too
large for any one judge to give the courts therein more than
a nominal attendance, rising in population from 1,470,018
in 1839, to 6,151,405 in 1860. Besides this, the country
generally has outgrown our present judicial system.
" If uniformity was at all intended, the system requires
that all the States shall be accommodated with circuit
courts attended by supreme judges, while, in fact, Wis-
consin, Minnesota, lowa, Kansas, Florida, Texas, Califon.
nia, and Oregon have never had any such courts.
"Nor can this well be remedied without a change of the
system, because the adding of judges to the supreme court
enough for the accommodation of all parts of the country
with supreme courts, would create a court altogether. too
numerous for a judicial body of any sort, and the evil be
one that will increase as new States come into the Union.
" Circuit Courts are useful or they are not useful. If
useful, no State should be denied them ; if not useful, no
'State should have them. Let them be provided for all or
aholiehod au to all.
" Three modifications occur to me, either of which I
think would be an improvement upon our present system.
Let the Supreme Court be of convenient number in every
event.

" Then, first, let the whole country be divided into cir-
cuits of convenient size, the supreme judges to serve in a
number of them corresponding to their own number, and
independent circuit judges be provided for all the rest.
"Or, secondly, let the supreme judges be relieved from
circuit duties, and circuit judges provided for all the cir-
cuits.
" Or, thirdly, dispense with circuit courts altogether,
leaving the judicial functions wholly to the district courts
and an independent supreme court.
" I respectfully recommend to the consideration of Con-
gress the present condition of the statute laws, with the
hope that Congress will be able to find an easy remedy for
many of the inconveniences and evils which constantly em-
barrasss those engaged in the practical administration of
them.
" Since the organisation of the Government Congress has
enacted some 5,000 acts and joint resolutions, which fill
more than 6,000 closely-printed pages, and are scattered
through many volumes. Many of these acts have been
drawn in haste, and without sufficient caution, so that
their provisions are often obscure in themselves or in con-
flict with each other, or at least so doubtful as to render it
very difficult for even the best informed persons to ascer-
tain precisely what the statute law really is.
"It seems to me very important that the statute laws
should be made as plain and intelligible as possible, and be
reduced to as small a compass as may consist with the ful-
ness and precision of the will of the Legislature, and the
perspicuity of its language. These, well done, would, I.
think, greatly facilitate the labours of those whose duty it
is to assist in the administration of the laws, and would be
la lasting benefit to the people by placing before them in a
more accessible and intelligible form the laws which so
deeply concern their interests and their duties. I am in-
formed by some, whose opinions I respect, that all the acts
of Congress now in force and of a permanent and general
nature might be revised and rewritten so as to be embraced
in one volume, or, at least, two volumes of ordinary and
convenient size, and I respectfully recommend to Congress
to consider the subject, and, if my suggestion be approved,
to devise such plan as to their wisdom shall seem most pro-
per for the attainment of the end proposed.
" One of the unavoidable consequences of the present
insurrection is the entire suppression in many places of all
ordinary means of administering civil justice by the officers
and in the forms of existing law. This is the case in whole
or in part in all, the insurgent States, and as our armies ad-
vance upon and take possession of parts of those States the
piratical evil becomes more apparent. There are no courts,
nor officers to whom the citizens of other States may apply
for the enforcement of their lawful claims against citizens
of the insurgent States, and there is a vast amount of debt
constituting such claims. Some have estimated it as high
• two hundred million of dollars, due in large part from
insurgents in open rebellion, to loyal citizens who are even
now making great sacrifices in the discharge of their
patriotic duty to support the Government. Under these
circumstances I have been urgently solicited to establish by
military power Courts to administer summary justice in such
cases. I have thus far declined to do it, not because I had
any doubt that the end proposed, the collection of the
debts, was just and right in itself, but because I have been
unwilling to go beyond the pressure of necessity in the un-
usual exercise of power. But the powers of Congress, I
uppose, are equal to the anomalous occasion, and there-
ore I refer the whole matter to. Congress, with the hope
that a plan may be devised for the administration of justice
lin all such parts of the insurgent States and territories as
may be under control of the Government, whether by a
voluntary return to allegiance and order or by the power of
our arms; this, however, not to be a permanent institu-
tion, but a temporary substitute, and to cease as soon as
the ordinary courts can be re-established in peace.
"It is important that some convenient means should be -
Provided, if possible, for the adjustment of claims against
the Government, especially in view of their increased num-
ber by reason of the war. It is as much the duty of Go-
vernment to render prompt justice against itself in favour
of citizens as it is to administer the same between private
individuals.
"The investigation and adjudication of claims in their
nature belong to the judicial department, besides it is ap-
parent that the attention of Congress will be more than
usually engaged for some time to come with great national
questions.
" It was intended by the organisation of the Court of
Claims mainly to remove this branch of business from the
Halls of Congress ; but while the court has proved to be an
effective and valuable means of investigation, it, in a great
degree fails to effect the object of its creation for want of
power to make its judgments final.
" Fully aware of the delicacy, not to say the danger of
the subject, I commend to your careful consideration
whether this power of making judgment final may not pro-
perly be given to the court, reserving the right of appeal on
questions of law to the Supreme Court, with such other
provisions as experience may have shown to be necessary.
" I ask attention to the report of the Postmaster• General,