The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1861-12-13

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| / have been unwilling to throw all the
appointments Northward, thus disabling
myself from doing justice to the South on
the return of peace. Although, may re-
mark, that to transfer 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 ca
reer of Judge Mclean, his circuit grew
into an empire altogether too large for any
one Judge to give the courts therein more
than nominal attendance--rising in pOp>
ulation from l ,470,O00 in 1881, to 8, l5l ,405
in 1860.
Besides this the country has generally
outgrown our present judicial system. II
uniformity was at all intended, the system
requires that all the States shall be accom-.
modated with circuit courts attended by su.
preme judges, while in fact Wisconsin,
Minnesota, Iowa, Kansas, Florida, Texas,
California and Oregon, have never had any
such court, nor can this be we'll remedied
without a 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
a judicial body of any court, and the rule
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 provided for all, or
abolished as to all. Three notifications
occur to me here, which l think would be
an improvement upon our present system.
Let the Supreme Court be of sufficient
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 corresponding
to their own number, and independent
Circuit Judges be provided for all the rest.
Or, secondly, the Supreme Judges be rest.
ed from circuit duties; and Circuit Judges
provided for all the circuits. Or, thirdly,
dispense with Circuit Courts altogether,
leaving the judicial functions wholly to the
District Courts and an Independent Su.
preme Court.
respectfully recommend to the consid.
GRAFTON of Congress the present condition
of the statute laws, with the hope that Con.
gress will be able to find an easy remedy
for the many incOnvenlences and evils which
constantly embarrass those engaged in the
practical administration of them.
Since the organization of the Govern.
ment, Congress has enacted some 5000
acts and joint resolutions, 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 obscure in
themselves, or in conflict with each other,
or at least so 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 me very important
that the statute law should be made as plain
and intelligible as possible, and be reduced
to as small compass as may consist with
the ful!ness and precision of the will of the
legislature and the perspicuity of its LAM
guage.
These well done, would, l 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 more accessible
and ineligible form, the laws which so
deeply concern their interests and their du-
ties. l am informed by some, whose opin.
ions respect, that all the act of Congress
now in force and of permanent and tangi.
bic nature, might be revised and rewritten,
so as to be embraced in one volume, or at
least two volumes of ordinary and conve-
nient size, and respectfully recommend to
Congress to consider the subject, and if my
suggestion be approved, to devise such a
plan as to their wisdom shall seem most
proper for the attainment of the end pro.
posed. One of the unfavOrable consequent.
ces of the present insurrection is the entire
suppression, in many places, of all ordinary
means OF administering civil justice by the
officers in the form of existing laws.
This is the ase 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 are no courts or of.
ficers to whom the citizens of other States
may apply for the enforcement OF their
lawful claims againct citizens of the insur-
gent States, and there is vast amount OF
debt constituting such claims. Some have
estimated it as high as 100000 900, due
in large part from insurgents IN open rebel
lion to loyal citizens, who are even now
making great sacrifices in the discharge of
their patriotic duty to support the Gov.
eminent. Under these circumstances l
have been urgently solicited to establish, by
military power, courts to administer sum-
mary justice in such cases.
have thus far declined to do it, not be.
cause had any doubt that the end propos-
ed, the collection of debt,was just and right
in itself, but because have been unwilling
to go beyond the pressure of necessity in
the unusual exercise ofpower; but the pow
ers OF Congress suppose are equal to the
anomalous occasion, and therefore refer
the whole matter to Congress with the
hope that plan may be devised for the ad.
ministration OF justice in all such parts of
the insurgeut states and territories as may
be under the control of this government,
whether by voluntary return to allegiance
and order, or by the power of our arms.
This, however, not to be a permanent IN
stitution, but temporary substitute, and
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