The Buchanan County guardian. (Independence, Buchanan County, Iowa) 1858-1864, 1861-12-10

upon the Supreme Bench. have been
unwilling to throw all the appointments
northward, thus disabling myself from
doing justice to the south on the return
of peace, although | may remark that to
transfer 10 the north one who has hereto
fore been in the south, would not, with
reference TO the territory and population,
be unjust. During the long and brill
liant judicial career of Judge Mclean,
his circuit grew to an empire altogether
700 large for any one Judge TO give the
courts more than nominal attendance, ri.
sing in population from 470,0OOin 1G-
81, 10 6,5l4,005 in 1869. Besides this,
the country has, generally, outgrown
our present Judicial system.
Ii uniformity was at all intended, the
system required that all the States shall
be accommodated with Circuit Courts,
attended by Supreme Judges, while, in
fact, Wisconsin, Minnesota, Iowa, kans-
as, Florida, Texas, California, Oregon,
have'never had any such Courts nor can
this be well remedied without change
OF the system, because the adding of Jus
tees to the Supreme Conrt--enough for
the accommodation of all parts OF the
country with Circuit Courts would
create Court although too dangerous
for judicial body OF any sort and the
evil OF it be that it will increase as new
States come into the Union. Circuit
Courts are useful, or they are not useful.
lfuseful, 20 Sate should be denied them
If 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 i'm
Iprovement upon our present system Let
the Supreme Court be of convenient
number let the whole country be divid
ed into circuits OF convenient size. the
Supreme Judges to serve in a number
corresponding to their own number, and
independent circuit Judges be provided
for all the rest. Secondly, the Supreme
Judges be retired from circuit duties, and
circuit Judges provided for all the cir
cults, or dispense with circuit Courts al
together, leaving the Judicial function
wholly TO the district Courts, and an in
dependent Supreme Court.
One of the unlayorabe consequences
of the present rebellion, is the entire sup
preston, in many places, of all ordinary
means Of administering civil Justice by
the officers, and in the forms, of existing =
law. This is the case, in whole or in
part, in all the insurgent States. aud as
our armies advance upon, and take poss-
esslon OF parts of these States, the prac-
ucal evil becomes most apparent. There
are no officers to whom the citizens of
other States may apply for the enforce,
ment OF their lawful claims against citi-
zens OF the lnsurgent States. There is a
vast amount OF debt constituting such
, claims. Some have estimated il as hirh
; as 100000, 900, due, in a large part.
t from rebel TO loyal citizens, who are even
now making great sacrifices in the dis
charge of their patriotic duty to support
the Government. Under the circumstan.
ces. have been urgently solicited to es.
ta6lish by military power Courts 10 al l.
minister summary justice in such cases.
have thus far declined TO do it. not be
cause | had any doubt that the end pro,
posed the collection Of debt was Just and
right in itself, but because | have been
/, unwilling to 60 beyond the pressure OF
necessity in the unusual exercise OF pow
) er, But the powers of Congress, | sup
J pose, are equal TO the anomalous occasion.
and therefore | refer the whole matter to
} Congress, with the hope lhat plan may
, be devised for the administration of JUS
J lice in all such parts Of the insurgent
States and Territories as may be under
the control OF this Government. whether
|, by a voluntary return to allegiance and
order or by the power Of our arms.
) Ii Is, however, not to be permanent in.
suiuIlon, but temporary substitute. and
) 10 cease as soon as the ordinary courts
can be re established in peace.
Ii is important that some convenient
means should be provided, possible. for
the adjustment Of claims against the Gov
ernment especially in view OF their in
creased number by reason of The war.
Ii Is as much the duty of the Govern.
ment TO render prompt justice against il
sell IN favor of citizens rs il is TO admin
lister the same between private indi.
vlduals. That investigation and adjudi
cation fall claims. in their nature belong
! TO the judicial department. Besides, it
is apparent that The attention Of Congress
will be more than usually engaged for
some time to come with great national
questions. Ii was intended hv the org.
anizaton Of the Court OF Claims mainly
10 remove this branch of business from
the halls OF Congress. but While tie Court
has proved to be an efficient and valuable
/ means of investigation. il, in a general de
gree fails 10 effect the object OF lis crea
ton for want of power 10 make its juds
ments final. Fully aware the delcacy,
, not to say the danger. Of the subject
, commend 10 your careful consideration.
whether this power OF making judgments
6nal may not be properly given 10 the
G court resersiug the right OF appeal on
! questions of law 10 the Supreme Court.
with such other provisions as experience
{ may have shown 20 be necessary.
! ask attention to the report Of the Posi-
Z Master General, the following being &
: summary statement OF the condition o.