New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1861-12-10


recommendation by the Secretary, for an orgariz-
alton Of the militia upon uniform basis is an OBJ
Ject OF vital importance TO the future safety of the
country, and is commended to the serious atten-
ton Of Congress. large addition to the regular
army, in connection with the detection that has
80 considerably diminished the number of its
officers, gives peculiar importance to his recon-
mendatlon for increasing the corps of cadets to
the greatest capacity of the military academy.
BY mere omission, presume, Congress hasfailed
to provide chaplains for the hospitals occupied by
volunteers The subject was brought;to my notice,
and was induced to draw up the form of a letter,
one copy OF which was properly addressed to each
OF the persons and at the dates respectively named
and stated in a-schedule containing also the form
of the letter, marked g A. and herewith transmit
ted. These gentlemen, understand, entered upon
the duties designated the times respectively stated
in the schedule and have Iabored faithfully therein
ever since. J. therefore recommend that they be
compensated at the same rate as chaplains in the
army. further suggest that general provision be
MADE Tor chapains to serve at hospitals as well as
with regiments. @ E }sf -E ~ ar.| -+t
The report of the Secretary of the Navy presents
~ detail the operations of that branch Of the ser
vice, and the activity and energy which have
characterized its administration and the result of
measures to increase its efficiency and power.
Such has been the additions by construction
and purchase that it may almost be said navy
has been created and brought into service since
our difficulties commenced. Besides blockading
our extensive coast, squadrons larger than ever
afsat, and performed deeds which have increased
our naval renown. I would invite special attention
to the recommendation of the Secretary Of the
Navy Tor more perfect organization of the navy
BY introducing additional grades in the service.
The present organization is defective and unsatis-
factory, and the suggestions submitted by the de-
partment will, it is believed, if adopted, obviate
the difficulties alluded to, promote harmony and
increase the efficiency of the navy. ga. aaeg.g
A 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 making
nominations to fill these vacancies, for reasons
which | will now state. Two of the outgoing
judges resided within the Statesnow overrun 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 there
probably would not take the personal hazard of
accepting to serve even here upon the Supreme
Bench. | 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 remark, 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 bril-
liant career 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 population from $4,000 in
1881 to 6,l5l ,405 in 1860. Besides, the country
mas generally oufgrown our present judicial sys-
TEN. If uniformity was at all the intention, the
synteH requires LhG all tne states snail De accom-
modated with Circuit Courts, attended by Supreme
Judges, while in fact Wisconsin, Minnesota, Iowa.
Kansas, Florida, Texas, California and Oregon
have never had any such Courts. Nor can this
be we'll remedied without a change in the SYSTEM
because the adding of Justices to the Supreme
Court would create a Court altogether too danger
GUS for Judicial body of any sort, and the evil Of
1t be one that will increase as new States come in
to the Union. Circuit Courts are useful, or they
are not useful. If useful, no State should be de-
mn
them. Let them be provided for all, or abolished
as to all. Three notifications occur 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 cocntry be divided into circuits of con-
venient size, the Supreme Judges to serve in q
number of them corresponding to the number, and
independent Circuit Judges be provided for all the
rest; or, secondly, the Supreme Judges be re-
lieVed from circuit duties, and Circuit Judges be
provided for all the circuits or thirdly, dispense
with Circuit Courts altogether, leaving the judicial
functions wholly to the District Courts and an inde
pendent Supreme Court. .-g .-..a...4
respectfully recommend to the consideration
OF Congress the present condition of the statute
laws, with the hope that Congress will be able to
lind an easy remedy for the many inconvenience
and evils which constantly embarrass those en-
gagged in the practical administration of them.
. Slncethe organization of government, Congress
has enacted some five thousand acts and Joint re-
solutions 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, that their
provisions are often obscure in themselves, Or in
conflict with each other, at least doubtful as
as to render it very difficult for even the best in
formed persons to ascertain precisely what the sta
tute law really is. 1t seems to me very important
that the statute law should be made as plain and
ineligible as possible, and be reduced to as small
compass as may consist with the fullness and
precision Of the will of the Legislature and the per-
spicuty OF its language. These well done would,
think greatly facilitate the lahors of those whose
duty it is to assist in the administration of the
laws, and would bring lasting benefit to the peo-
pie by placing before them, in a more accessible
and Ineligible form, the laws which so deeply
concern their interest and their duties.
am informed by some, whose opinions respect,
that the acts of Congress now in force and Of per-
manent and general nature, might be revised and
rewritten, so as to be embraced in one volume or
at least volumes of ordinary and convenient size,
and respectfully recommend to Congress to con-
slider the subject, to devise such plan as to their
wisdom shall seem most proper for the attainment
of the end proposed. a'.. T..~~ -rt.a.
One of the unfavorable consequences of the
present insurrecton is the entire suppression in
many places of all ordinary means of administer
ing civil justice by the officers and in the forms Of
existing law. This is the case, in whole or in part
in all the insurgen States, and as our armies ad-
vance upon and take possession of parts of those
States, the practical evil becomes 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 insur-
gent States, and there is a vast amount of debt
constituting such claims. Some have estimated it
as high as 5000 100000, due in large part from in.
surgents in open rebellion, to loyal citizens, who
are even now making great sacrifices in the dis
charge Of their patriotic duty to support the Gov
ernment 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 because had
any doubt that the end proposed-the collection of
debt-was just and right in itself, but because L
have been unwilling to go beyond the pressure Of
necessity in the unusual exercise of power but
the powers 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 administration of JUS
tice in all such parts of the insurgent States and
Territories as may be under control of the Gov
ernment whether by voluntary return to allie
glance and order or by the power of our arms.
This, however, not to be permanent institution,
but temporary substitute, and to cease as soon
as the ordinary courts can be reestablished in
peace. '' -N
1t is important that some more convenient means
should be provided, if possible, for the adjustment
of claims 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 administer the same between
private individuals. The investigation and ad ust-
ment of all claims of this nature belongs to the
judicial department. Besides, it is apparent that
the attention Of ConGreSS will he more than usually