Delaware State journal and statesman., 1861-12-06
sustain i till psaeo and union shal again bless


branches of the service entrusted to bis care
Ii is gratifying to know that the patriotism o.
the people has proved equal 10 tho occason, and
that the number Of troops rendered greatly ex.
oeeds the force which Congress authorized me tC
call Into the field. l refer with pleasure tC
those portions Of his report which make allusion
to the eredtable degree of discipline already
attained by our troops, and to the excellent
sanitary condition Of the entire army
The recommendation of the Secretary for nu
organization Of the miltia upon uniform basis
is subject of vital Importance to the future
safety Of the country. and is commended to the
serious attention of Congress. The largest ad-
dtiou to the regular army, in connection with
the detection that has 30 considerably diminished
the number Of its officers, gives peculiar impor-
tance to his recommendation for increasing the
corps of cadets to the greatest capacity Of the
Military Academy.
By mere omission, l presume, Congress has
failed to provide chapains for hospitals oocu-
pied by volunteers. The subject was brought to
my notice, and | was induced to draw up the
form of a letter, one copy Of which properly
addressed, has been delivered to each Of the
persons, and at the dates respectively named and
stated in schedule, containing also the form Of
the letter, marked A, aud herewith transmitted.
These gentlemen, | understand, entered upon
stated in the schedule, and have labored faith
fully there ever since. therefore recommend
that they be compensated at the same rate as
ohaplains in the army, further suggesting that
general provision be made for chaplains to serve
ut hospitals as well as Mt regiments. The report
of the Secretary of the Navy presents in detail
the operations of that branch Of the service the
activity and energy which have characterized its
administration, and theresult Of the measures to
increase its efficiency and power. Such have
been the additions, by construction aud purchase,
TINT ii may almost be said navy has been
created and brought into service since our diff
fculties commenced. Besides blOckadng our
extensive coast, squadrons larger than ever be-
fore assembled under our flag have been put
ailoat, and performed deeds which have n-
creased our naval renown. would invite special
attention to the recommendation of the Secretary
for more perfect organization Of the navy by
introducing additional grades in the service.
The present organization is defective and
unsatisfactory, and the suggestions submitted by
the department will, it is believed If adopted,
obyate the difficulties alluded to, promote har.
mony, and increase the efficiency of the navy
There are three vacancies on the bench of the
Supreme Court. two by the decease of Justices
Daniel and Mclean, and one by the resignation
Of Justice Campbell | have 80 far forborne
making nominations to fill these vacancies, for
reasons which will now state. Two Of the out
going judges resided within the States now over
run by revolt, 80 that if their successors were
appointed in the same localities they could not
now serve upon their circuit, 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 to throw all the appointments
Northwnrd, 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 henceforth been in the
South, would not, with reference to territory and
population, be unjust.
During the long and brilliant career of Judge
Mclean, his circuit grew into an empire al
together too large for any one judge to give the
courts therein more than an nominal attendance,
rising in population from lao, ,G1s in 1880, to
q, ISL ,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 ac-
comodated with Circuit Courts attended by Su-
prcme Judges, while, in fact, Wisconsin, Min.
nosota, Iowa, Kansas, Florida, Texas, California.
and Oregon have never had any such Courts
Nor can this we'll be remedieG without change
Of the system, because the adding of judges to
the Supreme Court for the accommodation of all
parts of the country with Circuit Courts would
create a court altogether too numerous for
judicial body Of any sort And the evil, If it 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 to all.
Three notifications occur TO me, either of
which, 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 circuits
of convenient size, the Supreme Judge to serve
in number of them corresponding to their own
number, and independent Circuit Judges be pro-
vided for oil the rest Or, secondly, let the Su-
preme Judges be relieved from circuit duties and
Circuit Judges provided for all the circuits. Or,
thirdly, dispense with the Circuit Courts altogeth
er, leaving the judicial functions wholly to the
District Court and an independent Supreme
Bench.
respectfully recommend 10 the consideration
of Congress the present condition of the statute
laws, with the hope that Congress will be able to
find on easy remedy for many of the inconyeni-
encos and evils which constantly embarrass those
engaged in the practical administration of them.
Since the organization of the Government, Com
gress has enacted some FIVE thousand acts and
joint resolutions, which fill more than Bix thous-
and closely printed pages, and are scattered
have been drawn in haste, and without sufficient
caution, 30 that their provisions are often oh
scure in themselves, or in conflict with each
other or, ut least, 80 doubtful as to render il
very difficult for even the best informed person
to ascertain precisely what the statute law
really ig. II seems TO me very Important that
the statute laws should be made as plain and
ineligible MS possible, and be reduced to as
umall II compass as may consist with the fulluess
and precision Of the Legislature and the per
spicuity of its language. This, well done, would,
| think, greatly facilitate the labors of those
whose duty il is to assist in the administration
of the laws, and would be LASTING benefit to the
people, by ypacing before them, in more ac-
cesslble and Ineligible form, the laws which SO
deeply concern their interests and their duties.
l am informed, by some whose opinions re-
spect, that oil the nets of Congress now in force,
and of q permanent and general n9ture, might
be revised and rewritten, so as to be embraced
in one volume or at most in two volumes of or
dinary and commercial size mud respectfully
recommend 10 Congress to consider on the sub
ject, and, If my suggestion be approved, to
devise such plan as to their wisdom shall seem
most propeg for the attainment of the end pro-
posed. One Of the unavoidable consequences Of
the present insurrectiOn is the entire suppression
in many places of all the ordinary means of ad-
ministering civil justice by the officers in the
form of existing law. This is the case, in whole
or in part, in all the insurgent States; and as
our armies advance upon and take possession Of
parts OF those States the practical 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 ia a
vast amount of debt constituting such claims !
some have estimated it as high as 5000, 900
due in large part from insurgents in open rebel
lion, to loyal citizens, who are even now making
great sacrifices in the discharge Of their patriotic
duty to support the Government Under these
circumstances have been urgently solicited to
establish, by military power, courts to admins
ter summary justice in SUCH cases. have thus
far declined TO do it--not becAuse had any
doubt that the end proposed, the collection Of