Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1861-12-21

Mclean, his circuit grew into an em-
pire; altogether too large for one
Judge to give the Courts more than
nominal attention rising in population
from one million four hundred and sew
enty thousand in 1881, to six million
one hundred and fifty thousand four
hundred and five in 1861. Besides
this the county has generally out
grown our present judicial system. IT
uniformity was at all intended, the sys-
TEN required that all States should be
accom- modated with Circuit Courts. At
tended 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 remedied
without a change Of the system, be.
cause the adding of Justices to the Su-
preme Court, enough for the accomo-
dation of all parts of the county with
Circuit Courts, would create Court
altogether too cumbrous for judicial
body of any sort, aud the evil of it
would be one that must increase %
each new State comes into the Union.
Circuit Courts are useful or they are
not useful. II useful, no State should
be denied them if not useful, no
State should have them. Let them be
provided for all, or abolished as to all.
Notifications occur to me here,
which / think would be an improve
ment upon our present system. Let
the Supreme Court be Of convenient
numbers in every event; then let the
whole country be divided into Circuits
of convenient size. Supreme judges to
serve, in a number corresponding to
their own number, and let Independent
Circuit Judges be provided for all the
rest; or secondly, let the Supreme
Judges be provided for all the circuits !;
or, thirdly dispense with Circuits Courts
altogether, leaving the Judicial func-
ton wholly to the District Courts and
independent Supreme Court.
One of the unfavorable consequences
of the present instruction is the en-
tire suppression, in many places, of all
ordinary means of administeringo of CIV
il Justice, by the officers, and in the
forms of existing law. This is the
case, in whole or in part, in all the in
insurgcnt States, and as our armies adj
vance upon and take possession ofparts
of these States, the practical evil be-
comes more apparent, and there are no
courts or officers to whom the citizens
Of other States may look for the en-
forcements of their lawful claims against
the citizens Of the insurgent States.
There is vast amount of debt consti-
tuting such claims-some have estima-
ted it as high as two hundred millions
due, in large part, to citizens who
are even now making great sacrifices in
the discharge of their patriotic duty i'll
supporting the government. Under
these circumstances I have been ur-
gently cntrcatcd to establish, by militia
~ power, Courts, and administer sum-
mary justice in such cases. l have
thus far declined to do it, not because
had any doubt but the end proposed
the collection Of debts-was just and
right in itself, but because have been
unwilling to go beyond the presence
Of necessity in the casual exercise of
power. But the powers of Congress,
it is supposed, are equal to the anoma-
lous occasion, and therefore refer the
whole matter to Congress, with the
hope that plan may be devised for the
administration of justice in all such
parts of the insurgent States and Ter
ritories as may be under the control of
this Government, whether by voiun-
tary return to allegiance and order, or
by the power of arms. 1t should not,
be a permanent institution, but tenn
porary substitute, to leave as soon as
the ordinary Courts can be re-established
in peace.
1t is important that some more con-
venient means should be provided, if
possible, for the adjustment Of claims
against the Government, in view of
their increased number by reason of the
war. 1t is as much the duty of the
Government to render prompt justice
against itself. in favor of citizens, as it
is to administer the same between pri-
vate individuals. The investigation
and adjudication Of all claims, in their
nature, belong to the Judicial Depart
ment: besides, it is apparent that the
attention of Congress will be more
than usually engaged for some time to
come with grea; national questions. 1t
was intended, 10y the organization Of
the Cour. Of Claims, mainly to remove
this branch If business from the halls
Of Congress, but while the Court has
proved to be an efficient and valuable