The Tipton advertiser. [volume] (Tipton, Cedar Co., Iowa) 1856-1962, 1861-12-12

than ever before assembled under our
flag, have been put sfoat, and performed
deeds which have Increased our naval re.
nown. R
would invite specisl attention to the
recommendation Of the Secretary of the
Navy, for more perfect organization of
the navy by Introducing additional
grades in the service. The present or
ganization is defective and unsatisfacto-
ry, and the suggestion submitted by the
department will, it is believed, if adopt.
ed, obviate the dificulties alluded to,
promote harmony aud increase the eff
cheney Of the navy. AZ
There are three vacancies on the bench
of the Supreme Court, two by the death
of Justices Daniels and Mclean, and
one by the resignation Of Justice Camp
bell. I have so far foreborne making
nominations to fill these vacancies for
reasons which will now state. Two of
the outgoing judges resided within the
States now overrut BY revolt, so that if
Southerners we're appointed in the sume
localities they could nos serve upon their
circuits, and many cf~she most eompe.
tent men there probably would not like
the personal hazard of accepting to serve
even here upon the Supreme bench. l
was unwilling to throw all the appoint.
ments northward, thus disabling myself
from doing justice to the South on the
return of peace, although l may remark
that to transfer to the North one which
has heretofore been to the South, would
not with reference to territory and pop.
ulation be unjust.
During the long and brilliant judicial
career Of Judge Mclean, his circuit grew
into an empire too large for any one judge
to give the courts therein mvre than q
nominal attendance, rising in population
from l, 900, in 1881, to 6, ,l5l 405,
in 1860 Besides this the Government
has generally outgrown the present judi,
cial system. If uniformity were a. all in-
tended, the system requires that all the
States shall be accommodated with cir.
cult courts, attended by supreme judges,
while in fact Missouri, Minnesota, 10.
wa, Kansas, Florida, Texas, California
aud Oregon have never had any such
courts, nor can this be well rcmedled
without change Of 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 a court altogether too
dangerous for a judicial body of any sort,
aud the evil, if it be one, will increase
as new States come into the Union.-
Circuit courts arc useful or they are no,
useful. If useful, no State should b,
denied them; if not useful, no Stat'
should have them. Let them be provi
ded for all, or abolished in all.
Three notifications occur to me here,
which | think would be an improvement
upon our present system. Let the Su
prcme Court be Of convenient number,
in every event; then, first, let the whole
country be divided into circuits of con.
vcnieut size, the supreme judges to serve
in u number of them corresponding to
their own number, and independent
circuit judges be provided for all the rest;
or, secondly, the supreme judges be re-
Iicvcl fom circuit duties, and circuit
Judges be provided for al the circuits; or,
thirdly, dispense with circuit courts alto
se,eher, leaving the judicial function
wholly to the distrit courts aud an indie
pendent supreme court | respectfully
recommend to the consideration of Con
gress the present condition Of the statute
laws, with the hop be that Congress will be
able to fiud an easy remedy for the many
inconsistencies and evils which constantly
embarrass those engaged in the practical
administration of them. Since the orga-
nization of tho Government, Congress has
enacted some five thousand acts and joint
rsolutions, which fill more than six thous.
and closely print d pages, aud are seat
tered through many volumes, many of
which acts have been drawn in haste aud
without sufficient caution, so that their
provisions are often obscure in them
selves, or in conflict with each other, or at
least SO doubtful as to render it very diff
cult for even tho best informed persons
to ascertain precisely what the statute law
really is.
1t seems to me very important that
the statute law should be made as plain
and Ineligible as possible, and be reduced
to as small compass as may consist with
the fullness aud precision Of the will Of
the legislature and the perspicuity of its
language. This we'll done would, think,
greatly facilitate the labors of those whose
duty it is to assist in the administration
Of the laws, and would be ioe.iug benefit
to the people by placing before them, in
more accessible and intelligible form,
the laws which so deeply concern their
interests and their duties.
| am informed, by some whose opinions
l respect, that all the acts Of Congress,
now in force and Of a permanent aud gen.
eral nature, might be revised and rewrit-
ten, so as to be embraced in one volume,
or at least two volumes, of ordinary and
convenient size and l respectfully re-
commend to Congress to consider the
subject, and ifmy suggestion be approved
to devise such plan as to their wisdom
shall seem most proper for the attainment
Of the end proposed
Onc of the uufavorable consequences
of the present insurrection is the entire
suppression in many places Of all ordina-
ry means of administering civil justice
by the officers and in the forms Of exist
ing law. This is the cause, in whole or
in part, in all the insurgent States, and
as our armies advance upon aud take pos
session of parts Of these States, the prac-
tical evil becomes more apparent. There