Cedar Falls gazette. [volume] (Cedar Falls, Iowa) 1860-1895, 1861-12-13

try has generally outgrown our present judi
cial system. II uniformity was at all inten-
dcd, the system requires that all the States
shall be accommodated with Circuit Courts,
attended by Supreme Judges, while in fact
Wisconsin, Minnesota, Iowa, Kansas, Flori-
da, Texas, California, and Oregon have never
had any such courts Nor can this be well
remedicd without change Of the system,
because the adding of Justices to the Su-
prelne Court enough for the accommodation
Of all parts Of the country with Circuit
Courts, would create Court altogether too
dangerous for judicial body of any sort, and
the evil of it will be one that will increase as
new States come 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.
Three notifications occur to me here, which
I 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
" SSiNc uutIlUcI VI tlSIIl COIIcS-
ponding to their own number, and indepen-
dent Circuit Judges be provided for all the
rest; Or, secondly, the Supreme Judges be
relieved from Circuit duties and Circuit
Judges provided for all the Circuits; or,
thirdly, dispense with the Circuit Courts al
together, leaving the judicial function wholly
to the District Courts and an independent
Supreme Court. #.. f...|Hs s-.:
CoDIFYING THE NATIONAL LAWS.
I respectfully recommend to the consider.
alton 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 inconvenencies and evils which con-
stanty embarrass those engaged in the prac.
teal administration of them. Since the or
ganization Of the Government, Congress has
enacted some 5000 acts and Joint resolutions,
which fill more than G,000 closely printed
pages, and are scattered throughout many
volumes. Many of these acts have been
drawn in haste and without sufficient eau
ton, so that their provisions are often OBJ
scure in themselves or in conflict with each
other, and at least SO doubtful as to render
it very difficult for even the best informed
persons to ascertain precisely what the stat
ute law really is. 1t seems to me very i'm
portant that the statute law should be made
as plain and as Ineligible as possible, and
be reduced to as small compass as may be
consistent with the fullness and precision of
the will of the Legislature, and the pcrspicu-
ity ofits language. These we'll done, would,
think, greatly facilitate the labors of those
whose duty it is to assist i'm the adminstra-
oH fJ,, 1o,, ~ l,a
ing benefit to the people, by placing before
them in a more accessible and more intelligi-
BILE form the laws which so deeply concern
their interest and duties. am informed by
some whose opinions respect, that all the
acts Of Congress now in force, and of per.
manent and general nature, might be revised
and rewritten SO as to be embraced in one
volume, or at least two volumes of ordinary
and convenient size, and respectfully rec
ommend to Congress to consider the subject,
and il my suggestion be approved, to devise
such a plan as to their wisdom shall seem
most proper for the attainment of the end
fr"posed.
MILITARY COURT FOR THE SOUTH.
One of the most unfavorabe consequences
of the present insurrection, is the entire sup
preston in many places of all ordinary means
of administering civil justice by the officers,
and in the forms ofexistlng law. This is the
case in whole or in part in all the insurgcnt
States; and as our armies advance upon and
take possession Of parts CT these States, the
practical evils become more apparent. There
arc no courts or officers to whom the citizens
Of other States may apply for the enforce
lnent Of their lawful claims against citizens
Of the insurgent States, and there is vast
amount of debt, constituting such claims
Some have estimated it as high as 200 O00,.
900 dollars, due in large part from insurgents
in open rebellion to loyal citizens, who are
even now making great sacrifices in the dis
charge of their patriotic duty to support the
Government. Under these circumstances
have been urgently solicited to establish by
military power, courts to administer summa-
ry justice in such cases. have thus far de-
clined to do it, not because had any doubt
that the end proposcd-the collection of debt
was just and right in itself, but because
have been unwilling to 60 beyond the press
ure OF necessity in the unusual exercise Of
power. But the power of Congress, I sup
pose, are equal to the anomalous 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 insurgcnt States and
Territories as may be under the control Of
this Government, whether by voluntary
return to allegiance and order, or by the
power of our arms; this, however, not to be
a permanent institution, but temporary sub
stitute, and to cease as soon as the ordinary
courts can be re-established in peace.
PAYMENT OF NATIONAL OBLIGATIONS.
It is important that sorGe more convenient
means should be provided, if possible, for
the adjustment Of claims against the Govern
ment, especially 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 private in
dividuals. The Investigation and adjudica-
ton Of all claims in their NATURE belong to
the judicial Department; besides, it is ap-
parent that the attention Of Congress will be
more than usually engaged for some time to
come with great national questions. 1t was
intended by the organization of the Court of
CLAIMS mainly to remove this branch of bus
ness from the halls Of Congress. But while
The Court has proved to be an effective and
valuable means of investigation, it, in great
legrec, fails to effect the object of its crea-