Columbia Democrat and Bloomsburg general advertiser. [volume] (Bloomsburg, Pa.) 1850-1866, 1861-12-07


Of The Supreme Court two by the deoease
Of Justices Daniel and Mexican, and one
by the resignation of Justice Campbell -
! have SO far forborne making nominations
to ill these vacancies for reasons which
will now state Two of the outgoing Judges |
resided within the States now evbrrun by
revolt, SO that if their successors we're ap |
pointed in the same localities, they could |
not now serve upon their circuit and ma
ry Of the most competent men there proba !
bly, would not take the personal hazard of
accepting to serve, even here, upon the
Supreme Bench have been unwilling
to throw all the appointments Northward,
thus disabling myself from doing justice to
the South ON the return of peace, although
may remark that to transfer to the North
one which has heretofore been in the South
would not, with reference to territory and
population, be unjust.
During the long and brilliant judicial
career of Judge Mclean, his circuit grew
into an empire altogether too large for
any one Judge to give the Courts therein
more than nominal attendance, rising in
population from 1,470,0ls in 1880, to
/, 6,l5l ,405 in 1860. Besides this, the
country generally has outgrown our pres
ent judicial system. If uniformity was at all
intended, the system requires that all the
States shall be accommodated with Circuit
Courts attended by S preme Judges, while
in fact Wisconsin, Minnesota, Iowa, Kan
sas, Florida, Tezas. California and Ore
gon have never lad any such Courts
Nor can this well be remediod, without
change of the system, because the add
ing Of Judges to the Supreme Court, enough
for the accommodating of all parts Of the
|, country with Circuit Courts, would create
It Court altogether too numerous for jul
| dicial body Of any sort. And the evil ,ifit
, be one, 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 abolished hv al
: Three notifications occur to me- either
of which | think would be an improve
} ment upon our present system. Let the
, Supreme Court be Of convenient number
in my event. Then, first, let the whole
} country be divided into circuits Of conven-
lent size, the Supreme Judges to serve in
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 re-
lieyed from Circuit duties, and Circuit
Judges provided for all the Circuits or,
thirdly, dispense with the Circuit Courts
= altogether, leaving the Judicial functions
wholly to the District Court and. an inde.
, pendent Supreme Court.
respectfully recommend to the con-
, sideration of Congress the present condi,
ton of the Statute Laws, with the hope
that Congress will be able to find an easy
f remedy for many of the Inconvenience
and evils which constantly ombarrass those
engaged in the practical administration Of
/, them. Since the organization Of Govern
; ment, Congress has enacted some five
thousand actsand Joint resolutions which fill
, more than six thousand closely printed pa.
ges, and are scattered through many vol
umas.
Many Of these acts have been drawn in
haste and without sufficient caution, SO
that their provisions are often obscure III
themselves, OF in conflict with each other /;
2 OF at least, so doubtful as to render it
| very difficult for even the best informed
h. person to ascertain precisely what tAe
9 statute law really is. 1t seems to me very
. important that the statute laws should be
= made as plain and ineligible as possible,
y and be reduced to as small q compass as
| may consist, with the fullncss and precis-
. ion Of the Legislature and the perspiculty
= OF its language, This, we'll done, would, |
). think, greatly facilitate the labors OF those
d whose duty it is to assis. in the admins.
j. tration Of the laws, and would be lasting
/ benefit to the people by placing before
them, IN more acceptable and intelligi.
is Bile form, the laws which so deeply concern
e their interests and their duties, ] am in
- formed by some, whose opinions respect
1t that all the acts of Congress now in force
and Of a permanent and general nature
y might be revised and rewritten, so as tC
a be embraced in one volume, or, at most, in
: two volumes, of ordinary and commercia
?, size, and | respectfully recommend t
Il Congress to consider on the subject, ant
if ny digestion be approved, to devils
2, such plan as to their wisdom shall seen
Is most proper for the attainment Of the enc
If proposed.
% One o. .bo unavoidable consequences o
e the present insurroction is the entire sup
If preston in many places of all the orainar.
means of administering civil justice by th
IS officers in the form of existing law. Thi
= is thc case in whole or in part in all tn
ct insurgent States--and as our armies ad-
/ vance and take possession Of parts Of thos
e States the practical evil becomes more ap
rs parent There are no courts nor officer
4 to whom the citizens Of other Strtes ma
in apply for the enforcement of their Lawful
le claims against citizens of the insurgen
III States, and there is vast amount of deb
constituting such claims some have esti
ID mated it as high as $500, 900 900, DIE j
3 !, - .,fs in rnhal