Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1861-12-06

/ | lave been unwilling TO throw all the ap-
pointments northward, thus disabling my
self from doing justice to the South on the
return OF peace, although | may remark
that to transfer to the North one which has
heretofore been in the South, would not
with reference to territory and population,
be unjust.
( Daring the long and bri liant judicial ca
rcer of Judge Mclean, his circuit grew into
an empire, altogether to large for any enc
Judge to give the courts therein more than
u nominal attendance, rising in population
from one million four hundred and seventy
thousand and eighteen, in 1880, to six mill
ions one hundred and fifty-onc Thousand four
hundred and five in 1850 Besides this, the
country generally has outgrown our present
judicial system. Ii uniformity was at all
intended the system requires that all the
States shall be accommodated with circuit
courts attended by supreme judges, while IN
/ fact " isconsin, Minnesota, Iowa, Kansas,
/ Florida, Texas. California and Oregon, have
never had any such court. Nor can this be
well remeded without a change of the sys-
/ TEN, because the adding of Judges to the
supreme Court, enough for the accommoda-
I ton Of all parts of the country with Circuit
! Courts, would create Court altogether too
numerous for judicial body of any sort.
/ And the evil Of It will be one that will in
crease as new States come into the Union,
Circuit Courts are useful. if useful no State
should be denied them. If not useful no
State should have them, let them be pro-
yidrd for all or abolished to all. Three
notifications occur h me, either of which |
think would he an improvement upon our
present system. let the Supreme Court be
/ If a convenient number in every event
Then first let the whole country be divided
into circuits Of convenient size, the Supreme
Judges 10 serve in number of them CORE
/ spending to their own number, aud inde-
pendent Circuit Judges to b, provided for
all the rest; or secondly. let the Supreme
Judges be relieved from circuit duties. and
Circuit judges provided tar all the circuits
or thirdly. dispense with Circuit Court. al
( together, leaving the judicial functions
wholly t. the District Courts and an lnde-
p'adcat Supreme Court.
eopIrt.TioN OF TIE STATUTE LAWS.
respectfully recommend to the c5nsidcTa-
ton II Congress the present condition OF the
statute laws. with the hope that Congress
viii be able to find an easy remedy for many
Of the Inc nyrucnccs and tills which con
teal administration Of them. Since the or
.anizatiau ot the Government, Congress has
enacted some five thousand acts and joint
resolutions. which Gil more than six thou
s.nd closely printed pages, and are scattered
through many volumes. Many Of these
acts have been drawn IN haste and without
sufficient caution. 50 that their provisions
are often obscure in themselves. or in conflict
d u. a Il Ia. .
render il very difficult for even the best in
formed persons 10 ascertain precisely what
the statute law really is Ii seems t. mc
very important that the statute laws should
be made as plain and Ineligible as possible
and h. reduced - as small compass as may
consist with the tuiness and precision of the
Will 81 the legislature and tina pcrspicnlty
Of its language. This. we'll done, would. |
think. greatly facilitate the lAbors OF those
whose duty II j. to assist in the admnistra-
ton OF the laws, and would b. n lasting
benefit Il the People by placing before them.
/ in more accessible and ineligible form.
the laws which - deeply concern their IN
terests aud their duties | am informed by
some Whose opinions respect. that all the
acts Of Congress now IN force, and Of pr
manent and general nature might be ret4sed
anu -NIttlth, - Us 10 At dtttA IA At4tt
volume, or at least two volumes Of ordinary
and convenient siza, AMI respectfully re-
ommend u Congress 10 CONSIDER the subject
aud il my suggestion * approved, L devise
such plan as to their vision shall scam
most proper for the attainment Of the end
PROPOSED.
ADMINISTRATION OF JUSTICE n the INs1RsENT
STATS.
One Of the unavoidable consequences Of
the present Instruction, Is the entire sup
preston in many places Of all ordinary
means Of administering civil justice by the
officers and IN the FIRMS OF existing law
This is the case in the wh IL or in part vi al
the iHsurgent States, and a. cur arantes ad-
vance upon and take poss .sslon OF parts Of
those States, tie practical evil becomes more
apparent. There are no courts nor e.heef,
t. whom the CitlAecS Of ether states may ali
Tlv for the enforcement OF their lawful
claims against citlz rs q the Iuslrssat
States and there Is a vast amount 81 debt.
constituting such cltIms-s ONE have estls
mated il rs high a. two hundred millions oI
dollars due M large part from iuSurGent,
in op II rebellion to loyal citizens, VINO ar
even now making great Sacrifices IL d.,charE"
of their patriotic duty u support the 'r-y.
eminent. nIcr theSs Circumstances have
been urgently solicited to establish by mill
tary power, courts - administer summary
Justice in such cases have thus far d.
ciinei u do il, not because | had any doubt
that the end proposed, the collection oil tn
debts, was Just and right in itself, but l.
cause | have been unwilling to 20 beyond
the pressure Of necessIiy IN the unusual ex-
ereise Of power. Bat the powers Of C3n.
yress. suppJse are equal to the anomalous
occasion. and Therefore refer the whole
matter 10 Congress. with the hope that Q
plan may be devised for the administration
oi JUSTICE in all such parts Of the insursent
States and territories my be under the
control OF the government, whether by "A
voluntary return - allegiance and order OF
by the power OF our arms Tins, however,
is hot = he permanent institution. but a
temporary substitute, and u cease rs soon
as tie Courts can be re-established in peace
CLAIMS AGAINST TIE COY ERNNENr.
1t is important that some more convenient
means should be provided. il possible, for
the adjustment Of clans against the toy
ernment, especially in view of their IN
creased number by reason of the war. Il
is as much the duty Of the Government L
render prompt justice against itself in favor
OF ITS citizens AS II Is To administer the
. same between private individuals. The in
yestigation aud adjudication OF claims il
their nature belong to the Judicial depart
mcnt. Besides it Is apparent that attention
u Congress will be more than usually en-
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