The Portage sentinel. [volume] (Ravenna, Ohio) 1861-1862, 1861-12-07


s..ii...,..rssss 81 v..,;s.., fANS AsNN'S V.a
eighteen in 1890 70 six millions one hundEeS
and fifty one thousand four hundred and liy,
in 1860. Besides this the country general,
has outgfown'onr present judiciary.ls,1 -
i If uniformity was at all intended, the srs-
i tenn requires that all the States shall be &C.
eommodated with Circuit Courts, attended .by
supreme judges while, in fact, WISCONSIN,
Minnesota, Iowa, Il Kansas, Florida, Texas,
i california and Oregon, have never had any
such Courts. Nor can this we'll be ,remcciicd
IiNlthsut change Of the system, because the
I adding q Judges to the Supreme Court,
enough for the accommodation Of all parts of
the coulitry with Circuit Courts would ere.
ate, a, Court altogether too numerous for a
i judicial body Of any sort-ahd the evil Of il
be one which will Increase as new States
come into the, Union, Circuit Courts, too,
i are useful Of they are not useful. II useful,
4 no State should be denied them. If not use.
i full, no S.ate should have them. Let them
4 be provided Tor al, 81 abolished a II, IN
Three notifications occur to me, either -oi
which, think, would' be an improvement,
upon our present system: Let the Supreme
Court be of convenient number in every
event then, 1st, 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 in
dependent Circuit judges be provided for all
the rest or, secondly, let the Supreme
Judges be relieved from Circuit duties, and
Circuit Judges provided for all the Circuits !;
or, thirdly, dispense with Circuit Courts al
together, leaving the judicial function wholly
to the District Courts and an independent
Supreme Court. ",'''@ .'.
! | respectfully recommend to the considcra-
ton of Congress the present condition of the
statute laws, with the hope that Congress will
be able to find easy remedy for many OF
the Inconvenience and evils which constantly
embarrass those engaged in the practical ad-
ministration of them. Since the organiza-
tion Of the government, Congress has enacted
some five Thousand ac.s and joint resolutions
which fill more than six Thousand closely
printed pages, and are scattered through
many volumes. Many of these acts have
been drawn in 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 diff
cult for even the best informed person to as.
certain precisely what the statute law really
is L. seems 10 me very important that the
statute laws should be made as plain and in
teligible as possible, and he reduced to as
small a compass as may consist with the full
ness and precision of the will of the Lagisla.
| ture, and the perspcuity Of its language. This,
we'll done, would / think, greatly facilitate
| the labors Of those whose duty it is to assist
in the administration of the laws, aud would
be a lasting benefit to the people by placing
before them in a more accessible and intelli-
siblc form the laws which so deeply concern
ther in. e-ese and heir duties. L am intorm-
cd by some whose opinions respect, that all
the acts of Congress now in foreee and, OF q
| permanent aud general nature, might I've revis-
ed and rewritten SO as to be cmbraccd in one
polnmo, al, ak least. two volumes OF Ordinary
and convenient size and respectfully rec
ommend to Congress to consider the subject,
and if my sug 5cStion be approved, to devise
such plan as to their wisdom shall seem most
proper for the attainment Of the end proposed.
| One of the unavoidable consequences Of the
present Instruction is tn. entire suppression
| in many places of all ordinary means Of adj
ministeins civil justice by the officers and
in the forms Of existing law this is the case
in whole or in par, in all the insur gcut S atcs
and as our armies advance upon and take pos
session Of parts of those States, the practical
evil becomes more apparent. There are no
courts nor officers to whom the citizens of
other States. may apply for the enforcement
of their lawful claims against citizens of the
nsurgent States, and there is vast aiaount Of
debt constituting such claims. Some have
estimated it as high as two hundred millions
dollars due in a large part from insurgents in
open rebellion to loyal citizehs who are even
now making great sacrifice in the discharge of
| their patriotic duty to support the Govern
ment Under these circumstances have
been urgently solicited toaStah sh by military
power courts to administer summary justice
! in such cases. have thus far dccliend to do
it, not that had any doubt that the end pro-
! posed the collection of the debts, was Just
and right in itself, but because l have been
unwilling to go beyond the pressure of neceS-
sity in the unusual exercise of powers; but
the powers OF Congress, arc equal to the anon.
alous occasion, and therefore refer the whole
matter to Congress, with the hope that plar
may be devised for the administration of JUS
tce in all such parts Of the insurgent states
: and territories as may be under the control OF
this government, whether by voluntary re-
turn to allegiance and order, or by the power
of our arms. This, however, not to be per-
manent institution, but a temporary subSti-
tutc, and to CEASE as soon as the ordinary
courts can be re-estabishcd in peace It is
/ important that some more convenient means
should be provided, if possiblci fSr the adjust:
ment of claims against the government cspe:
c'ally in view of the increased number by rea-
son of the war. 1t is as much the duty OF
government to render prompt justice against
itself in favor of citizens as it is to administer
the same between private .rndivdualsr The
investigation tand adjudication of clair..s il
their nature belong to the Judicial department
besides, it is apparent that the attention o
Congress will be more than usually engaged
. for some time to come with great Nationa
, questions. 1t was intended by the organiza
; ton Of the Court Of Claims mainly to remov
= this branch Of business from the halls Of Con
glcss, but while the Court has proved to
t an efficient and valuable means of nvestiga
ton, it in great degree fails to effect the OBJ
e iect of its creation, for want ofpower to make
. its judgments final. Fully aware of the deli
e cacv. not to say tho danger of the subject,
!. commend to your careful consideration, wheth
n or this powefo Of making judgments final ma.
f not properly be given to the Court, reservine
: the right of appeal on questions Of law to th'
r Supreme Court, with such other provisions
as experience may have shown to be neces
: sary.
} ask attention tosthe report Of the Post
master General the following being spmma
ry statement Of the condition Of the, Depart