M'arthur Democrat. (McArthur, Vinton County, Ohio) 1853-1865, 1861-12-12


IN the same localities, they could not ser,
upon their circuits, and many of the mo
competent men there probably would n,
take the personal hazard of accepting
serve even here upon the Supreme Bench
, have been unwilling to throw al the a
Pointments Norhward, thus disabl m,
: sell from doing justice 10 the South on ii
; return OF peace. although | may remarI
that TO transfer to the Ncrth one which h,
, heretofore been in the South, would no
} with reference TO territory and population
be unjust.
During the long and brilliant judicial cat
eer of Judge Mclean his circuit grew int
an empire, altogether too large for any on
Judge 'ogive the Courts therein more thai
nominal attendance, rising in population
from l,47O, 900 in 1881, TO 6,l5I, ,4O5 il
lS6o' Besides this, the country has gener
ally outgrown our present judicial system
1t uniformity was at all intended, the sys
TEN requires that all the States shall be a C.
commodated with Circuit Courts, attended
by 'Suereme JUICES, while in fact Wiscon
SIN. Minnesota, Iowa, Kansas, Florida, Tex
as, California and Oegon have never haC
any such Courts. Nor can this be well
remedied without change Of the system
because the adding Of justices to the Su.
preme Court enough for the accommodation
Of all parts of the county with Circuit
Courts would create Court altogether too
dangerous Tor a judicial body Of any sort,
and the evil Of it De 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. ii not useful no State should have
them. Let them be provided Tor all or
abolished as to all. Three notifications
occur 10 Inc here, which 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 Judges to setve
in number Of them, corresponding to their
own number, and independent circuit iudg
es be provided for all the rest; or, secondjy
the Supreme Judges be relieved from circuit
duties, and circuit judges provided ior all the
circuits; or, thirdly. dispense with the cir
cult courts altogelher leaving the judicial
functions wholly to the district courts and
an Independent Supreme Court.
respectfully recommend to the consider
alton OF Congress the pre- seut condition of
the statute laws, with the hope that Con.
gress will be alberto find an easy remedy for
the many ircoaveniences aud evils which
constantly e,nbarrass .hoce engaged in the
PRACTICAL administration Of them.
Since the organization Of the Government,
Congress hes enacted some five Thousand
acts and joiGt resolutions, which fill more
than six thousand closely printed pages. and
dre scattered through many volumes, Many
of these acts have been drawn in haste and
without sufficient caution, SO that their pro
visions are often obscure in themselves. or
in conflict with each other, or at least so
doubtful as 10 render 1t very difficult for even
the best informed persons to ascertain pre.
CscIy what the statute law really is,
II seems 10 ne very important that the
statute law should be made as plain and in.
teltisib.e rs possible, aud be reduced to as
small compass as may consist with the full
ness and precision oil the will of the Legis.
ldture and the perspicuity of its anguaqe
These, we'll done, would, ] think. greaIlv
facilitate the laborS Of those whose duty il
is 10 assist in the administration of the laws.
and would be a lasting benefit 10 the ueol
pie by placing before them in more sensi.
be and intellig0lr form the laws which 80
deeply concern their interests and their du.
ties.
| have been Informed by some, whose
opinions respect, that all the acts of Con-
gress now IN torce aud Of permanent and
general nature might be revised and rewtit.
ten 50 as 20 he embraced in one volume or
at least two volumes OF ordinary aud con-
venlent size, aud respectfully recomme nd
to Congress to consider the subject, and il
my suggestion be approved, to devise such a
plan as 10 their wisdom shall seem most
proper for the attainnient 6f the end promo :.
ed. One OF the unlayOrable consequences
OF the present insurrection is the entire
suppression in many places of all ordinary
means ot administering civil Justice BY the
Officers and in the forms of existing law. j
This 10 the case, IN whole or ia part in all
the insurgent States; and as our armies adj.
vance upon and take possession Of parts of
those States, the practical evil becomes
more apparent.
There are no courts or officers to whom
The citizens of other States NAV apply for
the enforcement of their law(ul claims
against cltizens of the insurgent States, and
there is a vast amount of debt consti,nt;nc
such claims. Some have estimated it as
high as 200. 100000 dollars due in large mart
IRON insurgents in open rebellion to IovaI
citizens, who are even now making greot
sacrifices in tile discharge of their pa,Tiotic
luty to support the Government. Under
these circumstances, | have been trGeutlv
TO establish, by military bower
courts to administer summary Justice in such
cases. have thus far declined to do it, not
because had any doubt that the end pro.
posed, the collection of the debt, was inst
and right in itself, but because have hen
unwilling to go beyond the pressure of ne.
'esslty III the unusual exercise of mower.
out the powers oi Congress, | suppose. are
,,qual to .he ahalamous occasion, and, there,
ore, refer the whole matter to Congress.
with the hope that the plan NAV be advised
Ior The administration oil justice on all such
parts oil the insurgent States and Territor.
es as may be under control of this Govern.
ncnt, whether ~ voluntary return to al
egiance and order, or by the power of our
irns' rms, however, not to be perman.
ent institution, but temporary substitute,
and to cease as soon as the ordinary Courts
can be re-establshed in peace. '.,
Ii Is imncrtanf thst son1e nooys no, san ;;o,,,