Fremont journal. [volume] (Fremont, Sandusky County [Ohio]) 1853-1866, 1861-12-06

serve even mere upon the supreme penCns
have been unwilling to throw all the APP
pointments northward, thus disabling mysslf
from doing justice to the South ON the return
Of peace, although l may remark that to trans
fer TO the North one which has heretofore been
in the South, would not with reference to terri
tory and population, be unjust. During the
long and brilliant judicial career Of Judge Me-
Lean, 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 l,470000 in 1921, to 8, 81 sos
in 1850 Besides this, the country has general
ly outgrown our present Judicial system. If
uniformity was at all intended, the system re-
ooires that all the States shall be accommodated
with Circuit Courts, attended by Supreme
Judges while in fact Wisconsin, Minnesota,
Iowa, Kansas, Florida Texas, California, and
Oregon, have never had any such courts, nor
can this be we'll remeded without change Of
the system, because the adding Of Justices to
the Supreme Court, enough for the accommOda-
tion Of all parts of the country with Circuit
Courts would create a court altogether too dan
perous for judicial body of any sort, and the
evil of it be one that will increase as new States
come into the Union. Circuit Courts are USE
ful or they are not useful. If useful, no State
should be denied them. II not useful, no State
should have them. Let them be provided for
all, or abolished as to all.
Three notifications occur TO me here, 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 Judges to serve in
number Of them corresponding to their own
number, and independent Circuit Judges be
provided for all the rest; or secondly the Su-
preme Judges be relieved from Circuit duties,
and Circuit Judges be provided for all the Cir
cults; or thirdly, dispense with Circuit Courts
altogether, leaving the judicial functions wholly
to the District Courts, and an independent Su-
preme Court.
THE UNITED STATES STATUTES
l respectfully recommend to the consideration
of Congress- the present condition of the statute
laws, with the hope that Congress will be able
to find an easy remedy for the many inconyen-
fences and evils which constantly embarrass
those engaged in the practical administration OF
them.
Since the organization of the Government
Congress has enacted some 5000 acts Joint reso-
lutions, which fill more than 5000 closely print
ed pages and are scattered through many vol
umns. Many ofthese acts have been drawn in
haste and without sufficient caution, so that
their provisions are often obscure in themselves
or in conflict with each other, or at least so
doubtful as TO render it very difficult for even
the best informed persons TO ascertain precisely
what the statue law is.
1t seems to me very important that the
statute law should be made as plain and in-
telligible as possible, and be reduced 10 as
small compass rs may consist with the
fulness and precision of the will of tho leg.
islature and the perspcuity Of its language
These well done would, think, greatly ia.
cilitate the labors of those whose duty il j:
to assist in the administration of the laws
and would be lasting benefit TO the people
by placing before them in more sccessi.
bic and intelligent form the laws which so
deeply concern their interests and their du-
ties. l am informed by some whose opin-
ions respect, that all the acts of Congress
now in force and of permanent general
nature, might be revised and rewritten so
as TO be embraced in one volume, or at
least two volumes of ordinary and convent
ent size; and respectfully recommend to
Congress to consider the subject, and if my
suggestion be approved, TO devise such a
plan as TO their wisdom shall seem most
proper for the attainment of the end pro.
posed.
NORTHERN CLAIMS IN THE REBEL STATES.
One of the uufavorable consequences o
the present insurrccton is the entire sup
preston in many places Of all ordinar,
means Of administering civil justice by th,
officers, and in the forms of existing law
This is the case in whole or in part in al
! the insurgent States and as our armies ad
vance upon and take possession of parts o
these States, the practical evil become
moro apparent. There are no courts or of
fees to whom the citizens of other States
may apply for the enforcement Of their law
ful claims against citizens of the insurgent
States, and there is n vast amount of deb
constituting such claims. Some have csti
mated it as high as 100000, 900, due il
large part from insurgents in open rebellion
TO loyal citizens, who are even now making
great sacrifices in the discharge of their pat
riotic duty 10 support the Government
4 Under these circumstances have been III
gently solicited to establish, by militar
, power, courts TO administer summary justic
, in such cases. have thus far declined T.
do it, not because / had any doubt that th
end proposed, the collection Of debt, wa
, just and right in ITSELF but because l hav
, been unwilling to 60 beyond the pressure O
necessity in the unusual exercise of power
But the powers of Congress, suppose ar
equal to the anomalous OCCASION and there
fore refer the whole matter to Congress
with the hope that plan may be devised
for the administration of justice in all sucI
parts Of the insurgent States and territorie
as may be under control of this Government
whether by voluntary return TO allegiauc
and order, or by the power Of our arms
+ This, however, is not 10 be permanent in
, stiiution, but temporary substitute, and t
: cease as soon as the ordinary courts can b
reestablished in peace.
CLAIMS AGAINST THE GOVERNMENT.
: 1t is important that some more CONVEX
lent means should be provided if possibl
: for the adjustment of claims against tn
I Government, especially in view Of their il
creased number by reason of the war. 1t
as much the duty Of the Government to rer
der prompt justice against itself in favor
y citizens as it is to administer the same b
tween private individuals. The invcstigl
tion and adjudication Of all claims 10 the
y nature belong to the Judicial department
1 besides, it is apparent that the attention
a Congress will be more than usually engage
|. for some time TO come with great nation
0 questions. It was intended by the organ
) zation Of the Court of Claims mainly to r
move this branch of business from the hal
:. If NonOraas. huf xhila fho Hourg hoo ,,.o