The Burlington weekly hawk-eye. [volume] (Burlington [Iowa]) 1860-1876, 1861-12-07


gratifying to know that the patriotism Of III
people is equal to the occasion, and that th
number OF troops rendered greatly exceeds th
force which Congress authorized me to call int
the Geld. es3if,8 9 q
refer with pleasure to those portions of hi
report which mako alusion to the creditab.e de
gree OF discipline already attained by our troop
and to the excellent sanitary condition Of tn,
entire army. The Recommendation by tho Sec
retary, for an organization Of the militia upon
uniform basis, is a subject Of vital importanc'
to the future safety of the country, and is com
mended to the serious attention Of Congress. A
largo addition to the regular army, in connec
tion with the detection that has so consi lerably
diminished the number Of its officers, gives pc
| culiar Importance to bis Recommendation for in
creasing the corps of Cadets to the greatest ca
pacity Of the Military Academy.
By mere omission, presume, Congress has
failed to provide Chaplains for the hospitals oc
cupied BY volunteers. This subject was brought
to my notice and j was induced to throw of
the form Of letter, one copy of which was
properly addressed to each of the persons, and
at the dates respectively named, and Stated In q
schedule. containing also the form Of the let
ter, marked "a p and herewith transmitted -
These gentlemen,I I understand, entered upon
the. duties designated at the times respectively
stated in the schedule, and have labcred faith
fully therein ever since. therefore recon-
mend that they be compensated at the same rate
as Chaplains in the army. further suggest
that general provision be made for Chaptains
to serve at hospitals as well as with regiments.
The report Of the Secretary of the Navy pre-
sents in detail the operations Of that bralch Of
the service, and the activity and energy which
have characterized its administration, and the
results OF measures to increase its efficiency an
power. Such have been the additions by con-
struction and purchase, that 1t may almost be
said Navy has been created and brought into
service since our difficulties commenced. Be.
sides blockading our extensive coast, squadrons
larger than ever before assembled under onr
flag have been put afoat, and performed deeds
which have increased our naval renown. would
invite special attention to the recommends lion
of the Secretary Of the Navy for a more per.
feet organization of the Navy by introducing ad-
ditional grades in the service. The present or
ganization is defective and unsatisfactory, and
the suggestions submitted by the Department
will, it Ia believed, If adopted obyiate the diff
cultifs alluded to, promote harmony and increase
the efficiency of the Navy
respectfully recommend to tho consideration
Of Congress the present condition of the statute
laws, with the hope that Congress will be abe
to find an easy remedy for the many inconyen-
iencies and evils which constantly embarrass
those engaged in their practical administration.
Since the organization OF the Government, Con-
gress has enacted some five thousand acts ard
joint resolutions, which fill more than two thou
sand closely printed pages, and arc scattered
through many volumes. Many of these acts
have been drawn in haste and without sufficient
caution, SO that their provisions are often OBJ
scure in themselves, orIn conflict with each 9TH
er, and at least so doubtful as to render it diff
cult for even the best informed persons to ascer-
tain precisely what the statute law is. It seems
to me very important that tie statute law should
be made as plain and ineligible as possible and
be reduced to as small compass as may be consist
ent with the funess and precision of the will of the
Legislature, aad the perspicuity Of its language.
These well DONE would, think, greatly facilitate
the labor of those whose duty it is to assist in
the administration Of the laws. and would be a
lasting benefit to the people, by placing before
them in a more accessible and Ineligible form,
the laws which 80 deeply concern their interests
and their duties am informed by some, whose
options respect, that all the acts of Congress
now in force, and Of permanent aud general
nature, might be revised and rewritten, so as to
be embraced in one volume. or at least two vol
umes of ordinary and convenient size, and re-
epectfuily recommend to Congress to consider
the subject, and IT my suggestion be approved,
to devise such plan, as to their wisdom shall
seem most proper, for the attainment Of the end
proposed.
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 forbore ma
king nominations to fill these vacancies, for
reasons which l will now state. Two of the
outgoing Judges reside within the States now
overthrown by revolt, so that if successors were
appointed in the same localities they could not
serve upon their circuits, and many of the most
competent men there probably would not take
the personal hazarl Of accepting to serve even
here upon the Supreme Bench. have been
unwilling to throw all the appointments north
ward, thus disabling myself from doing justice
to the South on the return Of peace, although
may remark that to transfer to the North one
who has heretofore been in the South, would not
with reference to the territory and population
be unjust. During the long and brilliant Judi
cial career Of Judge Mclean, his circuit grew
into an empire, altogether too large for any one
Judge to give the courts more than nominal at.
tendance, rising in population from !, ,47O, 900 in
1881 to 6, ,15l ,405 in 1860.
Besides this, the country has generally out.
grown our present judicial system. If uniform
ity was at all intended, the system required that
oil the States shall be accommodated with Cir.
cult Courts, attended by Supreme Judges,
while, in fact, Missouri, Minnesota, Iowa, Kan
sas, Florida Texas, California aid Oregon
have never had any such Courts, nor can this be
well remedied without change of the system,
because the adding of Justices to the Supreme
Court, enough for the accommodation of all
parts Of the country, with Circuit Courts, would
create Court altogether too dangerous 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, or tbey
are not useful. II useful, no State should be
denied them If unuseful, no State should have
them. Let them be provided for all or abol-
ished as to all.
Three notifications occur to me hero which
think would be an Improvement upon our pres
ent system. Let the Supreme Court be of con-
venlent number in every event. then, First, let
the whole country be divided into circuits of
convenient size. the Supreme Judges to serve in
% number corresponding to their own number.
and independent judges be provided for all tho
rest; Or, Secondly, the Supreme Judges be re-
lieved from circuit duties, and Circuit judges
provided for all the circuits; Or, Thirdly, dis
pense with Circuit Courts altogether, leaving
the judicial function wholly to the District
Courts, and an Independent Supreme Court.
One of the unfavorable.' consequences Of the
present insurrection is the entire suppression, in
many places, Of all ordinary means of admins.
teTng civil justice by the officers and the forms
Of existing law. This is the case, in whole or
in part, 10 all the insurgent States; and as our
armies advance upon and take possession Of
ports of these States, the political evil becomes
more apparent. There are no courts or officers
TO whom the citizens Of other States may apply
for the enforcementof theirlawful claims against
citizens of the insurgent States, and there is
vast amoant of debt constituting such claims
Some have estimated it as high as two hundred
millions of dollars due in large part from insur.
gent rebels to loyal citizens, who are even now
making great sacrifices in the discharge of their
patriotic duty to support the Government. I'm.
der the circumstances I have been urgently So
iicited to establish, by military authority courts
to administer summary justice in such cases.
have thus far declined to do it, not because I
had any doubt that the end proposed the col
lection OF debt--was just aud right iu itself but
becsnse Law been unwilling to 70 beyond the
pressure of necessity in the unusual exercise Of
power. But the power Of Congress, suppose,
are equal to the anomalous occasion, and there.
fore refer the whole matter to Congress. with
the hope that plan may DE devised for the .d.
ministration Of justice in all such parts of the
rinsurgent States and Territories as NAV he nm