The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1861-12-04

heVcd, adopted, 0byiatc the difficulties alluded ID
ana promote harmony and increase the efficiency
Of the navy,
THE VACANCIES Or THE BENCH or THE SUPREME
COURT.
mere arc three vacancies on the bench OF the
supreme Court-tw Oby the decease of Justices
Daniel and Mclean, and one by the resignation Of
Justice Campbell. have 50 far forborne making
nominations to fiji the vacancies for reasons which
will now state Two Of the outgoing indges re.
sided within the States now 0verrun by revolt So
that II Successes were appointed in the same 10.
calities they could not serve upon their cir.
cults, and many Of the most competent men there
probably would not take the personal hazard of
accepting to serve even here upon the Supreme
bench. have been unwilling to throw all the up
pointments northward, thus disabling myself from
doing justice to the South on the return Of
peace, although 7 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.
TUX WESTERN CIRCUIT TOO LARGE.
During the long and brilliant judicial career of
Judge Mclean his circuit grew into an empire al
together too large for any one Judge to give the
courts therein more than q nominal attendance
and seventy thousand and eighteen In 1880. to six
millions one hundred and fifty -one thousand four
hundred and five in 1860. Besides this the coun-
try generally has outgrown our present judicial
system. II uniformity at al intended the sys-
tenn requires that all the States shall be accommo.
dated with Circuit Courts, attended by Su-
premc Judges; while, in fact. Wisconsin, Min
nesota, Iowa, Kansas, Florida, Texas, Califor-
MIA and Oregon have never had any such courts.
Nor can this well be remeded without change
of the system because the adding of judges to the
Supreme Court, enough for the accommodation
OF all parts of the country with Circuit Courts,
would create a court altogether too numerous for
judicial 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 they arc not use
full If useful, State should be denied them If not
useful no State should have them. Let them be
provided for all or abolished as to all.
NOTIFICATIONS OF THE SUPREME COURT.
Three notifications occur to rue, either OF which
think would be an improvement upon onr pre-
sent system. Let the Supreme Court be Of con-
venient number in every event.
Then, first, let the whole country be di.
yided into circuits Of convenient size-the
Supreme Judges to serve in q number OF them, cor
responding 10 their own number, and independent
Circuit Judges be provided for all the rest.
Or, secondly, let the Supreme Judges be re-
Heved from circuit duties and Circuit Judges pro-
vded for ell the circuits.
Or, thirdly, dispense with Circuit Courts alto
gether leaving tho indeial functions wholly to the
District Courts and an Independent Supreme Court
Remedy FOR THE PRESENT rNCoNvENiENclEs or THE
STATUTE LAWS.
respectfully recommend to tire consideration OF
Congress the present condition of the statute laws
with the hope that Congress will be able to find
an easy remedy for many Of the Inconvenience
and evils which constantly embarrass those en-
gagged in the practical administration Of them.
Since the organization of the government Con
gress has enacted some five thousand acts 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 haste and without sufficient caution, SO
that their provisions are often obscure in them.
selves or in conflict with each other, or at least 50
doubtful as to render it very difficult for even the
best informed persons to ascertain precisely what
the statute law really is 1t seems to very impor.
tant that thestatute lap-a rhn"a M ~ nlain
and intelligent as possible, ani be reduced to as
ness and precision of the will Of the legisla-
ture and the perspicuity OF its language; these,
well done, would, I think, greatly facilitate the
Iabors of those whose duty it is to assist in the
administration of the laws, and would be q
lasting benefit to the people, by placing before
them in more accessible and Ineligible form
the laws which deeply affect their interests and
their duties.
THE ACTS OF CONGRESS- TO BE CONDENSED INTO ONE
OR TWO VOLUMES.
I am informed by some, whose opinions re-
spect that all the acts of Congress, now in force
and of permanent and general nature, might
be revised and rewritten so as to be embraced
in volume, or at least two volumes of ordinary
and convenient size, and respectfully recommend
to Congress TO consider the subject, and if my
suggestion be approved, to devise some plan as to
their wisdom shall most proper for the attain
ment of the end proposed
CIVIL JUSTICE SUPPRESSED BIZ TIE REBELLION.
One of the unavoidable consequences Of the pre-
sent insurrecson is the entire suppression in many
places of all ordinary means of administering civil
Justice by the officers and in the forms Of existing
! law This is the case in whole or in part in all
| the insurgent States; and as our armies advance
upon and take possession Of parts of these States
the practical evil becomes more apparent There
arc no courts, officers to whom the citizens OF
other States may apply for the enforcement Of
their lawful claims against citizens of the insur-
gent States and there is vast amount OF
debt constituting such claims. Some have est.
mated it as high as two hundred millions
Of dollars, due in large part from insur.
| gents, in open rebellion, TO loyal citizens who
are even now making great sacrifices in the
discharge Of their patriotic duty to support the 60
! vernment.
| MILITARY CorRTS 70 BE TEMPORARILY ESTABLISHED.
| Under these circumstances / have been ur.
gently solicited to establish, by military power,
courts to administer summary justice in such cases
have thus far declined to do it, not because had
any doubt that the end proposed--thc collection
Of the debts-was just and right in ITSELF but be-
cause have been unwilling to 90 beyond the pres
sure of necessity in the unusual exercise of power
But the powers Of Congress, suppose are equal ia
| the anomalous occasion. and therefore | refer the
| whole matter to Congress, with the hope that q
plan may be devised FOR the administration of JUS
I &. ;,,a a.sr4