Prescott journal. [volume] (Prescott, Wis.) 1861-1871, 1861-12-04

hodv of anv court, 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: il not useful no State should have
them. Let them be provided for all, or
abolished as to all. These notifications oc-
cur to me here, 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 a number of them correspond
ing to their own number, and Independent
Circuit Judges be provided for all the rest
Or, eecondly, the Supreme Judges be
rested from circuit duties, and Circuit
Judges provided for all the clrcnits. Or,
thirdly, dispense with Circuit Courts al
together, leaving the judicial functions
wholly to the District Courts and an in
dependent Supreme Court.
/ respectfully recommend to the consld-
GRAFTON of Congress the present condition
of statute laws, with the hope that Con-
gress will be able to find an easy remedy
for the many inconvenience and evils which
constantly embarrass those engaged in the
practical administration o. 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.
Manv of these acts have been drawn in
haste anG without sufficient caution, so that
their provisions are often obscure in them
selves, or in conflict with each other, or at
least so doubtful as to render it very difficult
for even the best-informed persons to ascer-
tain precisely what the statute law really IS.
1t seems to me very important that the
statute law should be made as plain and H.
telligible as possible, and be reduced to as
small compass as may consist with the
fulness and precision of the will OF the legls-
lature and the perspicuity OF its 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 more
accessible and ineligible form, the laws
which so deeply concern their interests and
their duties. | 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
convenient size, and l respectfully recon-
mend to Congress to consider the subject,
and, if my suggestion be approved, to de-
wise such plan as to their wisdom shall
SEEM most proper for the attainment OF the
end proposed. One of the unfavorable con-
sequences of the present insurrection is the
entire suppression, in many places, OF all or
binary means of administering civil justice
hy she officers and in the form of existing
law.
This is the case in whole or in part in all
the insurgent States, and as our armies adj
van ce upon, and take possession OF parts OF
thes Staes, the practical evil becomes more
app trent. There are no courts or officers to
who m the citizens of other States may APP
DIV for the enforcement OF their lawful claims
agair st citizens of the insurgent States, and
there is a vast amount of debt constituting
such claims. Some have estimated it as
from insurgents in open rebellion 10 loyal
cittze rs, who are even now making great
sacrifices in the discharge OF their patriotic
duty to support the Government. Under
these circumstances | have been urgently
solicited to establish, by military power,
courts to administer summary justice in such
cases.
have thus far declined to do it, not be-
cause j had any doubt that the end propos-
ed. the collection of debt, was just and
right in itself, but because have been un,
willing to go beyond the pressure of neces
tho po1 nf h,,f
the powers of Congress l 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 adj
ministration of justice 10 all such parts OF
the nsnrgent States and Territories as may
be under control of this Government, wheth-
er by voluntary return to allegiane and
order, or by the power of our arms. This,
however, not to be a permanent institution,
but temporary substitute, and to cease as
soon as the ordinary courts can be re-estab-
lished in peace.
1t is important that some more convent
ent means should be provided, if possible, for
the adjustment of claims against the Gov
eminent, especially in view of the 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 citi.
| zens, as it is to administer the same between
private individuals. The investigation and
adjudication of all claims in their nature be-
long to the judicial department besides, it
| is apparent that the attention of Congress
| will be more than usually engaged for some
| time to come with great national questions.
1t was intended by 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 effective and val.
liable means of investigation, it, IN a great
degree, fails to effect the object of itn crea-
ton, for the want of power to make its
judgments final.
Fully aware of the delcacy, not to say
the danger, of the subject, | commend to
your careful consideration whether this
power of making judgments final may not
be properly given to the court, reserving
| the right of appeal on questions of law to
the Supreme Court, with such other provi-
sions as experience may have shown to be
| necessary.
/ ask attention to the report of the Post
master General; the following being sum-
mary statement of the condition of that
Department: The revenue from all sources,
during the fiscal year ending 3Oth june,
1861, including the annual permanent APP
preparation of 100000 for the transport
tation of free mail matter was $9,049, 296 40,
being about two per cent. less than the rev.
enue of 1860
The expenditures were $13,606,709 IL,
showing decrease of more than eight per
cent. as compared with those of the previ-
Gus year, and leaving an excess of expendi-