The Potter journal. [volume] (Coudersport, Pa.) 1857-1872, 1861-12-11
TERMS --$l.o0 PER ANNuM.
serve even here upon

hazard Of accepting TO serve even here upon
the Supreme Bench.
have been unwilling to throw all the ap-
pointmentS Northward, thus disabling myself
from doing Justice 10 the South on the return
of peace, although may remark that TO trans
fer 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 alto
gether too large for any one Judge to give the
Courts therein more than nominal attend
ance, riEng in population from ,470,0lS in
1890, TO 6,l5l ,405 in l86o Beside this, the
country generally has oufgrown our present
Judicial system.
If uniformity was at all intended, the sys-
tenn requires that all the States shall be ac-
commodated with Circuit Courts attended by
Supreme judges while in fact Wisconsin,
Minnesota, Iowa, Kansas, Florida, Texas,
California, and Oregon, have never had any
such Courts
No1 can this well be remeded without a
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 ii be one that will
1 increase as new States come into the Union.
/ Circuit Courts are useful or they are not
useful. If useful, 10 State should he denied
lheal. Il not useful, no State should have
them. Let them be provided for all, or abol-
/ ished as to all
!, Three notifications occur to me, either of
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 serve in number of them, cores
ponding to their own number, and indepen-
dent Cirruit 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
altogether, leaving the judicial functions who'll
ly to the District Courts and an independent
Supreme Court.
/ | respectfully recommend to the consdera-
tion 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 inconYeniences and evils which constantly
embarrasS those engaged in the practical ad-
miniStratiOn of them. Since tue organization
of the Government, Congress has enacted some
FIVE thousand acts and joint resolutions which
fill more than six thousand closely printed
pages, and are scattered through many vol-
umes Many of these acts have been drawn
f in haste, aud without sufficient caution, go
that their provisions are often obscure in
themselves, or in conflict with each other. or
a; least so doubtful as TO render it very diff
cult for even the best informed persons to as
certain precisely what the statute law really
is 1t seems TO me very important that the
statute laws should be made as plain and in
I telligible as possible, and be reduced to as
small compass as may consist with the full
ness and precision of the will of the legisla-
ture and the perspicuity of ats language. This,
well done, would, think, greatly facilitate
the labors of tbese whose duty it is 10 assist
in the administration OF the laws, and would
be lasting benefit to the people, by placing
before them in more accessible and intelli-
gible form the laws which so deeply concern
. their interests and their duties. | am inform
/ ed bv some whose opinions | respect that ali
the acts of Congress now in force, and of a
I permanent and general nature, might be re-
! yised and re-writtea so as to be embraced in
one volume, or at least two volumes of ordi-
nary and convenient size; and ] respectfully
/ recommend 10 Congress to consider the sub
iect and if my suggestion be approved: to de-
wise such plan as TO their wisdom shall seem
most propor for the attainment CT the end
proposed.
one of the unavoidable consequences of
/ the present insurrection is the entire supplies
sion 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
I in whole or in part in all the iasurgent States,
and as our armies advance upon and take
possession of parts Of those States, the prac-
J teal evil becomes more apparent. There are
no courts. nor officers TO whoni the citizens of
other States may apply for the enforcement
of their lawful claims against citizens OF the
4 insurgent States, and there IS vast amount
Of debt constituting such claims. Some have
estimated it as high as $200,e0e,0 ,000j due IN
. large part from insurgents, in open rebellion,
I TO loval citizens who are even now making
great sacrifices in the discharge Of their pat
Tiotic duty to support the Government. Under
+ these circumstances have been urgently So
/ licited to establish by military power courts
to administer summary justice in suen cases.
I have thus far decliaed to do it, not because
had anv doubt that the end proposed. the
collection of the debts was Just and right in
itself. but because have been unwilling TO
90 bevoud the pressure of necessity in the un-
usual exercise Of power. But The powers of
Congress, ! snppoSe. are e4l.4 10 the anon
alous occasion and therefore refer the whole
matter tc Congress, with the hope thai plan
may be devised for the admaistration OF jus-'
tice in all such parts of the insurgeat States
and Territories as may be under the contr !
Of this Government, whether by voluntary
return to allegiance and order, or by the pow
er Of our arms this, however, not 10 be s
permanent institution, but temporary sab
sttute. and to cease as soon as the ordinary
courts can be re-established in peace.
It is important that some more convenient
means should be provided, if possible. fof the
adjustment of claims against the Government
especially in view of their increased nn'abeF
by reason Of the war. 1t is as much The duty
nf Gnrernn,ent TO render nrompt iustisa