Randolph County journal. [volume] (Winchester, Randolph County, Ind.) 1855-1862, 1861-12-12

During the long and brilliant judici.
career OF Judge Mclean his circuit gre
into an empire altogether too large fo
any one Judge 10 giye the court
therein more than snominal attendance
rising in population from li7 900 in lS3
to 6,75l ,405 IN l-6O. Besides this ia
country has generally outgrown our pres
ent judicial system II uniformity WAS a
all intended. the system requires tina
ali the States shall be accommodated wit
/ Circuit Courts, attended by Suprem
Judges, while, in fact, Wlsconsin. MIN
nesota, Iowa, Kansas, Florida, Texas
/ California and Oregon have never hal
ary such courts. Nor can this be wei
remedied without a change of the system
/ because the adding OF Justices TO the Sn
/ preme Court enough .or the acc0mmDda
/ tlon of all parts OF the country with Cir
cult Courts would create a Court altogeth
er too dangerous for Il judicial BODY o
any sort, and the evil of il would be OIL,
that will increase as new States come int
the Union. Circuit Courts are useful oil
they are not useful. Ii useful. no Stat,
should be denied them If not useIul, nc
State should have them. Let them b,
provided lUr all or abolished aS 10 all
Three notifications occur TO me here
which think would be great improve
ment upon our present system. Let the
Supreme Court be of convenient number
ia every event. Then, first, let the whoi.
country be divided into circuits OF conve-
nient size, the Supreme Judges to serve
in a number Of them corresponding 10
cut Judges be provided Tor all the rest
or, secondly, the Supreme Judges u be
relieved from Circuit duties, and Circuit
Judges provided for all the Circuits +: or,
thirdly, dispense with the Circuit Courts
alto seth,r, leaving the judicial functions
wholly TO the District Courts, and All in
dependent Supreme Court.
/ respectfully recommend 10 the con-
sideration OF Congress the present condi-
ton of the statute laws, with the hope
THAI Congress will be able to tnd au easy
remedy :or the many inconveniences AMI
evils which constantly enbarrass those
engaged in the practical adminlsu alton
oi them. Since the organization OF the
Government. Congress has enacted some
live thousand acts and joint resolutions,
which fill more than 5000 closely printed
pages, and are scattered through many
vo,umes. Many of THESE acts have been
drawn in haste, and without sufficient
caution. so that their provisions are often
obscure in themselves or in conflict with
,acm other, or at least 40 doubtful as TO
render il very difficult for even the best
informed persons to ascertain precisely
1at,, tl ft1f l.yk IL
To me yery important that tie statute law
should be IA uie ~ plain and intelhgib.e
~ possible, and be reduced To A. small
cumpas. as " consist with the tulneSs
md precision oi the will of the legislature
and the perspicuity of it, lan-uige.-
These, well done, would, think. great
facilitate the labors of those whose du
" il is 10 assist in the administration of
the laws, and would be a lasting benefit
To the peope by placing before them Ia
\ more acceptable and intrllisible form
the laws which so deeply concern Their
inter, sts and their duties.
have been informed 10y some whose
opinions | respect, that al the acts OF
Congress nOs IN iOrce, and OF permt
nsnt and ge. erai nature, IN ght be revised
and rewritten 80 a. To be embraced II one
volume, or At least two volumes, OF Ordl
nary and conv enient size, aui | respect
fully recommend To Con rcss To consider
the subject, and If my suggestion be ap
rrDved, to devise such plan ~ TO their
\ i-Llom shall seem most proper for the at
linment OF the end proposed.
One of the uaiav0rdble consequences |
,f the present iuSurI ection - the entire
in many places OF all ordinary |
means of administering civil justice by |
.ae oiIic, r and in the forms OF existing /
aw. This is the case. III whole or in
lart. ia all the insursent States, ani as
,ur armies advance upon and take pos
e. sion OF part, ol these States, the prdc
zeal evil becomes more apparent.
There are 40 courts or officers To whom
he citizens of other Stltes miy Apply tor
ne enforcement OF their lawful claims
.sainst ciIlztns 0t the inSurgent States,
nd there il vast amount of debt con-
tituting such claims. Some have es;i
n tied il AS high as S21O u W ,10 ;, due M
lrgr part from insurgents ia open rebeli-
on To l0ytl citizens, who are even now
A. king great sacrifices in the discharge
Il their patriotic duty, To support the
Government. Under these circumstances
have been urgently solicited to estab
sh, 10y military power, courts to admin
,ter summary justice ia such cases.
ave thus far declined to DO it, not because
htd any doubt that the end proposed
he collection OF the debt-was just and
ght in itself, but because | have been
nwlllng to 90 beyond the pressure OF
ecessity in the unusual exercise OF pow
r Bat the powers OF Congress, | sup
oSe, are equal To the anomalous Occt-
on. and therefore refer the whole mat
-r TO Congress, with the hope that plan
lay be devised for the administration oil
lstice in all such parts OF the insurgent
tates and territories as may be under the
ontrol of this Government. whether by
voluntary return To allegiance and or
er, or by the power OF our arms-this, ,
Oweyer, not he perm inent Institution,
az temporary substitute, and 70 cease
!. soon as the ordinary courts can be re-
stablished in peace.
IL is important that some more c0nye-
ient means should be provided. if posi-
IL, tor the adjustment of Claims against
le Government, especially, in view Ji
leir increased number by reason OF the :
Ar. IL is as much the duty of the Gov
'nment to render prompt justice against
self ia favor OF citizens a. II is 10 admin :
ter the same between private indiNidu- I
5. The investigation aud adjudication
all claims, in their nature belong TO I
IL Judicial Department; Oesides, II J. I
1plrent that the attention OF Congress !
IN be more than usually engaged for a
me time to come with great National {
iesiions. 1t Vas intended by the organ q
alton of the Court Of Claims mainly 10 ?
move this branch of business from the a
Ais of Congress, but while the Court i