New Oregon plaindealer. (New Oregon, Iowa) 1859-1866, 1861-12-13


| the resignation of Justice Campbell. have
so far forborne making nominations to fill
these vacancies for reasons which will now
state. Two Of the OUTGOING Judges resided
| within the States now overrun bv rcvot. So
that 1t successors were appointed in some To-
| calities they could not serve upon their cir
cults, 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. have been unwilling
20 choose all the appointments northward,
| thAs disabling myself from doing justice to the
lAv'-af3 tho return of peace, | may remark
that ID transfer to the north enc which has
heretofore been in the south would not with
reference to territory and population be un-
just.
During the long and brilliant judicial ca.
rcer of Judge Mclean, his circuit grew into
an empire. altogether to large for any one
Judge to give the courts therein more than a
nominal attendance: rising in population
Tom S l.470.000 in 1860 to 6,l5l .0G0 in 1861;
besides this the country has generally ont
grown our present jndicial system. If unifor
nifty was at all intended. the system rcqrires
that all the states shall be ACCOM- odated with
circuit courts attended by supreme Judges
while in fact Wisconsin, Minnesota. Iowa.
Kansas, Florida. Texas, California and Ore
CON have never had any such courts. nor can
this be we'll rcmedled without change in the
system. because the adding OF Justices to the
Supreme Court enough for the accommodation
of all parts of the country with Circuit Courts
would create court altogether too danger
ous for judicial body of any kind and the
rule of it will 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 he denied them; if not useful,
no State should have them, Let them b" pro-
vided for all, or abolished as to all Three
notifications occur to me here, which think
would be an improvement upon enr present
system: Let the Supreme Court be of sufh.
cicnt number in every event; then, first, let
convenient size the Supreme Judges to Sevre
in a number Of them corresponding to their
own number an independent circuit, Judges
be provided for all the rest. Or. secondly.
the Supreme Judge be rested Irou, Circuit
duties and Cilcut. judges he provided for all
the Circuit And 3dly. dispense with Civ
cult courts altogether, leaving the Judicial
functions wholly to the District Courts and
an independent Supreme Conrt. ..s .....
respectfully recommend to the cons'dcra-
ton of Congress the present condition ef the
statute laws, with the hope that Congress
will be able to find an easy remedy for the
many inconvicncies and evils which constant
ly embarraSs those engaged in the practical
administration Of them. Since the organiza
ton ofthe Government Congress has enacted
-ome 5000 acts and Joint resolutions, which
fill more than six thousand closely printed
pages. and all scattered through many vol
nmcs-many ofthese acts have been Obvious
" passe in haste and without sufficient
caution so that their provisions are often OBJ
scurc in themselves or in conflict with each
other Or at least SO doubtful as TO render N.
very difficult for even the best Informed per
sons to ascertain precisely what the statute
laws really is. 1t seems to me very impor
tant that the statute law should be made as
plain and ineligible as possible, and re-
duced to as small u compass rs may consist
with the fullness and precision of the lesis-
laton, and the perspiculty OF it's language.
These we'll done, think, greatly facilitate
the labors of those whose duty it is to assist
in the administration of the laws, and would
be lasting benefit to the people, by placing
before them in y more accessible and lntelh-
gible form, the laws which SO deeply con-
cern their intrests and their duties. | am
informed By some whose opinions ] respect,
that all the acts of Congress now in force,
and of permanent and general nature.
might be revised so as to be embraced in one
volume, or at least two volumes OF ordinary
and convenient size and | respectfully rec
ommend to Congress to consider the subject,
and my suggestion be approved, to d2vse
such a plan as in their wisdom shall seem
most proper for the attainment of the end
proposed. One of the untavorable consc-
qnences of the present resurrection is the
entire suppression in manv places Of all ordl-
nary meaus of mnistering civil Justice hy
the officers and in the forms Of existing law.
This is the case in tho whole or III part in ali
the insrrgent States AMI our ar,is ad
vance upon and take possession Of parts ot
those States. the practical evil becomes more
apparent. There are no courts or o.hceIS to
whom the citizens Of other States may apply
for The enforcement Of their lawful crimes
against citizens Of the in$urGen5 States and
there is 81 vast amount OF debt constituting
such claims. Some have estimated it as high
as 20 OJO,eoo dollars due in large part 'rona
insurgents in open rebellion to loyal citizens
VINO are even now FnahtnS HEciL Ht IlihCco liz
the discharge of their patriotic duty to sup
port the Government. Under these clrcum-
stances | have been urgently solicited to
establish by military power. courts to admin
lister summary justice in such cases. | have
thus far declined to do it, not because had
any doubt that the end proposed (the collec-
ton of debt) was just and right in itself: bnt
because have been unwilling to so beyond
the PRESSURE Of necessity in unusual exercise
Of powers But the powers Of Congress, |
suppose, are equal to the anamal lons occasion.
and therefore | refer the whole matter to
Congress, with the hope that Il paa may be
devised for the administration OF justice in all
such parts Of the insurgent States and terri
tories as may be under control o!ths govern
ment whether by voluntary return to
allegiance and order, or fly the power of our
arms. This, however, is not to be = perma.
nent institution, but a temporary Substitute
and to cease as soon rs the the ordinary