Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1861-12-07

Three notifications occur ID MT, eithef VI
which, [ think, would be an improvement
lpon our present system. Let the Supreme
COURT be of a convenient number In any
vent. Then, first, let the whole country
)e divided into circuits OF convenient
ze, the Supreme Judges to serve in num-
Der of them corresponding to their own
number and independent Circuit Judges to
be provided for all the rest. Or secondiy.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 judi
cial functions wholly to the District courts
and an independent Supreme Court.
respectfully recommend to the consider
alton OF Congress the present condition OF |
the statute laws, with the hope that Con-
gress will be able to find an easy remedy for |
many of the inconvenience and evils
which constantly embarrass those engaged |
in the practical administration OF them.
Since the organization OF the government
Congress has enacted some fire 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 pro-
visions are often obscure in themselves or in
conflict with each other, or at least so doubt
full as to render it very difficult for
even the best infol med persons TO ascertain
precisely what the statute law really is. 1t
seems to me very important that the statute
law should be made as plain and intelliglble
as POSSIBLE, and be reduced to as snail
compass as may consist with the
fullness and precision Of the will OF the leg
islature, and the perspicuity Of Its language
This well done would think greatly facil-
itate the labors of those whose duty it Is to
assist in the administration Of the laws, end
would be a lasting benefit to the people ny
placing before them In a more accessible ana
Ineligible form the laws which 50 deeply
concern their interest, and their duties.
am informed by some whose opinions
respect, that all the acts of Congress now IN
force and of aipermament and general nature,
might be revised and re written SO as to be
embraced in one volume or at least two vol
umes OF ordinary and convenient size, and l
respectfully recommend to Congress to con-
slider the subject, and, If my.suggestions be.ap-
proved, to devise such plan as to their Wis
dom shall seem most proper, for the attain
ment of the end proposed.
One of the unavoidable consequences OF the
present insurrection, is the entire suppress
sion in many places of all ordinary means OF
administering civil justice by the cheers
and in the forms Of existing laws
This is the case, in whole or in part
in all the insurgent states and as our
armies advance upon and take possession OF
those states, the practical evil becomes more
| q. 1fiTS
to whom the citizens Of other States may APP
ply for the enforcement of their lawful
claims against citizens Of the
insurgent States, and there Is
a vast amount Of debt constituting such
claims Some have estimated 1t as high az
| two hundred millions of dollars, duesn large
part from insurgents IN open rebellion to
! loval citizens who are even now making
great sacrifices IN the discharge ol their
patriotic duty to support the government.
| Under these circums !ancea, | have been
urgently solicited to establish by military
power courts to administer summary justice
In such cases | have thus far declined 10
do it, not because | al any doubt that the
end proposed, the collection Of the debts,
was Just and right in itself bat because
have been unwilling 10 = beyond the pressure
of necessity in unusual exercise Of power
But the powers Of Congress l suppose,
are equal 10 the anomalous occasion, and
/ therefore | refer the whole matter TO Con-
gress, with the hope that plan may b.
| devised for the administration OF Justice in
all such parts of the insurgent States
and Territories as may be under the contro
of the Government, whether by voluntary
return to allegiance and order, or by thu
| power of our aims This however, is not L
be permanent institution, but a temporary
| substitute, and TO cease as soon as the oFdl
nary courts can be re-eStablished in peace,
1t Is important that some I4ore Syn.
venient means should be provided il
possible, for the adjustment of claimi
against the government, especially in
view Of their increased number by reason
of the war. 1t is as much the duty- OF the
| Government TO render prompt justice against
itself in favor Of citizens as it is to ad-
minister the same between private indiyi
duas. The investigation aud adjudi.
cation OF claims IN their nature
belong to the judicial department, be,
sides it is apparent that the attention o.
Congress will be more than usually en-
gagged, for sometime to come, with great
|
organization of the Court of Claims MAINLY
to remove this branch Of business from
the halls OF Congress bus while
the Court has proved TO b,
an effective and valuable means Of iuvesti
cation, it in a great degree fails % eHec
the object OF its creation for want 0i power
to make its JUDGMENTS final. Faly awar,
of the delicacy, not to say the dlngeg, OF tn,
subject, | commend to your careful cousld
Grafton whether this power Of making
judgement final may not properly be glveI
to the Court, reserying the right Of appeal or
questions Of law to the Supreme Court witt
such other provisions az experience may have
shown to be necessary.
The Posr OFFICE DErARrNEyT.
ask attention to the report
of the Postmaster General. the
following being summary Statement,
Of the condition of ths depart
ment. The revenue from AZ sources
during the fiscal year, ending June 30th
1861 including tie annual permareut allow
ance, of 500, 600 for the transportation o.
free mail matter, was S9-ll9 ,29640
being about per cent. less thar
the revenue for GO. The expenditure:
were Is million six huuddred anC
six thousand seven hundred and fifty ninc
dollars and eleven cents, showing decreas
of more than eight per cent, as com pared
with those of the previous year. & leaving ar
excess of expenditures over the revenue for the
last fiscal year, of four millions five hundred
and fifty seven thousand four hundred and
sixty two dollars and seventy one cents. The
gross revenue for the year ending, june 80
! 1862, IS estimated at an increase of pei
cent. ON thatol 1861, making 8,783 ,000, tc
which should be added the rnisgs of the
department in carrying free matter, of S700,-
600 making So, 1888, 600 The total expen-
ditures Tor 1862 are estimate At S L, 528,
600 leaving an estimated deficiency of three
millions to be supplied from the treasury in
addition to the permanent appropriation.
The present instruction shows, | tn ink,
that the extension of this District across
the Potomac River, at the time of estab-
fishing the capital here, was eminently
wise, and, consequently, that the
relinqishment OF that porti IN
of it which lies within the State of Virginia,
was unwise and dangerous. Il submit to
your consideration the expedieley OF reclaim
ing that part of the district aad the restora-
ton of the original boundaries thereof