The Evansville daily journal. [volume] (Evansville, Ia. [i.e. Ind.]) 1848-1862, 1861-12-04

/ DIV 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. If useful, no State
should be denied them. If not useful, no
State should have them. Let them
be urovided for all, or abolished as
to all. Three notifications occur
to me here which I think would
be an improvement on our present system.
Let the Supreme Court be convenient
number in every event. Then, first, let
the whole country be divided into circuits
of convenient size, the Supreme Judges to
serve in a number of them corresponding
to their own number, and independent
Circuit Judges be provided for all the rest /;
or, secondly, the Supreme Judges be relieved
from circuit duties and Circuit Judges pro-
vided for all the circuits or, thirdly, dis
pense with Circuit Courts altogether, leaving
the judicial functions wholly to the District
Courts and an independent Supreme Court.
/ respectfully recommend to the consid-
Grafton of Congress the present condition OF
the Statute laws with the hope that Congress
will be able to find an easy remedy for the
many inconvenience and evils which con-
stantly embarrass those engaged in the
practical administration of them. Since
has enacted some s, 1000 acts and joint reso-
luticns, 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
obscured in themselves or In conflict with
each other; or at least SO doubtful as to
render it very difficult for even the best in
formed persons to ascertain precisely what
the statute law really is. 1t seems to Inc
very important that the statute laws should
be made as plain and ineligible as possible,
and reduced to as small compass as may
consist with the fullness and precision of the
will of the legislature and the perspciuity of
language these well done, would, think
greatly facilitate the labors of those whose
duty it is to assist in the administration of
the laws and would be lasting benefit to
the people by placing before them in a more
accessible and ineligible form, the laws
which so deeply concern their interest and
their duties. I am informed by some whose
opinions respect, that all the acts of Con-
gress, now in force, and of permanent and
general nature, might be revised and re-
written so as to be embraced in one volume
or at least two volumes of ordinary and
convenience size, and respectfully recon-
mend to Congress to consider the subject,
and if my suggestion be approved, to de-
wise such plan as their wisdom shall seem
most proper for the attainment of the end
proposed.
Il One of the unfavorable 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 forms of existing
laws. This is the case in whole or in part,
In all the insurgent States, and as our ar
mics advance upon and take possession of
parts of those States, the practical evil be-
comes 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 is vast
amount of debt constituting such claims
Some have estimated it as high as $780,
600, 900 due, in large part from insurgents
in open rebellion, TO loyal citizens
who are even now making great sac
rifces in the discharge of their pa
triotic duty to support the government.
Under the circumstances, | have been earn
estly solicited to establish by military pow
er, Courts to administer summary justice in
such cases ! have thus far declined to do
it, not because l had any doubt that the end
proposed-the collection of debt-was just
and right in itself, but because | have been
unwilling to go beyond the pressure of ne
cessity in the unusual exercise of power !;
but the powers of Congress, | suppose, are
equal to the anomalous occasion and there
fore I refer the whole matter to Congress
with the hope that a plan may be devised
for the administration of justice, in all such
parts of the insurgent States and territories,
as may be under control of this government
whether by voluntary return to allegiance
and order, or by the power of our arms
This, however, not to be permanent insti-
tuition, but temporary substitute and to
cease as soon as the ordinary Courts can be
re-established by peace.
1t is important that some more conve-
nient means be provided, if possible, for
adjustment of claims against the govern
ment, especially in view of their increased
number, by reason of the war. 1t is as
much the duty of the government to rem
| der prompt justice against itself, in favor of
citizens, as it is, to administrate the same
between private individuals. The investi-
| CATION and adjudication of all claims, in
their nature belong, to the judicial depart
ment. Besides, it is apparent, that the at
| tention of Congress, will be more than
with great national questions. 1t was in
tended by the organization of the Court OF
Claims, mainly to remove this branch OF
business from the halls of Congress, but
while the Court has proved to be an effect
i've and valuable means of investigation,
it in a great degree fails to effect the OBJ
ject of its creation for want of power to
make its judgments final. Fully aware Of
the delicacy, not TO say the danger, of the
subject, commend to your careful consid-
Grafton whether this power of making its
judgments final, may not properly be given
to this Court, reserving the right of ap-
peal on questions of law to the Supreme
Court, with such other provisions as expe
rence may have shown to be necessary.
l ask attention to the report of tht
Postmaster General, the following being {
summary:
The revenue from all sources during thu
fiscal year ending 3Oth June, 1861, inclu
ding the annual permanent appropriation
of 100000 for the transportation of fire.
mail matter was $9,O49, 296. 40, being abou
per cent less than the revenue of. 1860.
The expenditures were SI3, 606, 709.ll
! II .