Daily intelligencer. [volume] (Wheeling, Va. [W. Va.]) 1859-1865, 1861-12-04

for more perfect organization Of me Ma
Wy, by introducing additional grades IN
the service. The present Organization IS
defective, and unsatisfactory, and the sug-
eestions submitted by the department will,
It is believed, if adopted, obyiate the DIM
cuIties alluded TO, promote harmony, and
increase the efficiency of the Navy
There are three vacancies on the bench
of the Supreme Court-two by the decease
of Justices Daniel and Mclean, and one by
the resignation OF Justice Campbell.
have so far forborne making nominations
to fill these vacancies for reasons which
will now State. Two OF the outgoing
Judges resided within the States now over
run by revolt, SO thai if successors weTe
appointed in the same localities, they conld
not serve upon their ciEcgits, and some 1t
the most competent men there probably
wonld not take the personal hazard of ac-
cepting to serve even here upon the SUI
preme Bench.
have been unwilling to throw all tue
appointments Northward, thus disabling
myself from doing justice TO the South on
the return of peace although may re-
mark. that to transfer to the North one
which has heretofore been in the South,
would not, with reference to territory and
population, be unjust.
During the long and brilliant Judicial
career Of Judge Mclean, his circuit grew
into an empire-altogether too large for
any one Judge to give the courts therein
more than OBSERVATION-DISCLOSURES IN
population from l,470,000, in 1881, to O.
Isl, 4O5, In 1860. Besides this, the conn
try has generally ontgrown our present ju-
dicIal system, if uniformity was at all IN
tended. The system requires that all the
n Circuit
Courts, attended by Supreme Judges, while
in 1act, Wisconsin, Minnesota, Iowa, Kan
sas, Fiorils, Texas, California and Oregon
have never had any such Courts.
Nor can this be we'll remedied without a
change of the systenl, because the adding
of Justices to the Supreme Court, enough
tor the accommodation of all parts OF the
country with Circuit Conrts, would create
a Court altogether too dangerous for ju-s
licial body of any sort, and the evil. OF It
be one that will increase as new States
come into the Union.
Circuit Courts are useful or they are not
useful. Ifuseful no State should be de.
MED them, ii not useful no State should
have them. Let them be provided for all
or abolished, MS to all three notifications
occur TO me here which ] think Wonld He
an improvementupon our present system:
LIE
number in every event; then, frst, let the
whole country be divided into circuits of
convenient size-the Supreme Judges to
serve in u number of them corresponding
10 their own number, and independent Cir,
emit Judges be provided for all the rest; or,
secondly, the Supreme Judges be relieved
from circuit duties, and Circuit Judges pro-
yided for all the circuits; or, thirdly, dis
pense with Circuit Courts altogether, leav-
ing the judicial functions wholly TO the
District Courts and an independent SUI
preme Court. -,
respectfully recommend to the eonside-
ration Of Congress the present condition of
the statute laws with the hope that Con-
press will be able find an easy remedy for
tie many inconyeniencies and evils which
constantly embarrass those engaged in the
practical administration oftkem.
Since the organization of tho Govern
ment, Congress has enacted some I'VE
thOusand acts and Joint resolutions, which
'fill more than 5000 closely printed pages,
and are scattered through many volumes.
Many of these acts have been drawn In
haste and without sufficient caution, so
that their provisions are often obscure Ia
themselves, or in conflict with each other,
or Mt least so doubtful as to render II very
difficult for even the best informed per-
sons to ascertain precisely what the stat
ute law really is,
Il seems TO me very important that the
Statute Law should be made ms plain and
Ineligible as possible, and be reduced TO
as small compass as may be consistenl
with the fulluess and precision OF the VIII
of the Legislature and the PersPleuity OF
its Language. These we'll done would,
think, greatly facilitate the lahots OF those
"a l.. a., 81 in N n II r.
tration of the laws, aud alastiug benefit TO
the people. by placing before them, in a
more accessible and Ineligible form the
laws which SO nearly concern them in
their interests aud their duties.
am ipformedby some whose opinions ]
respect that all the acts Of Congress now
in force ofn permanent md 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 recommend to Con-
press to consider the subject, and it my
suggestion be approved to devise such "a
plan as TO their minds shall seem most prop
er for the attainment OF the end proposed.
One of the.unEavorable consequences Of
the present instruction, is the entire sup
preston in many places of all ordinary
means of administering civil justice by the
OulcefS anu III lus IoIue u S4iSeiHS - :;
This is the case in whole or in part in all
the insurgent States, ind as our armies ad-
vance upon TO 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 may apply for
the enforcement of their lawful claims
against citizens of the insurgent States,
and there ia A vast amount of debt consti-
tutipr such claims. Some have estimated
it as high as 5000, 100000, due in large
part from insurgents in open rebellion TO
loyal citizens, who are even now making
great sacrifices in the discharge OF their
patriotic duty to support the government.
Under these circumstances, Ihave been
nrrrertln snlicited to estahlish by military