The Jeffersonian Democrat. [volume] (Chardon, Ohio) 1854-1865, 1861-12-13


population, be unjust. During the Ions
aud brilliant judi iclal career Of Judge Nc
Lean, his circuit grew into an empr,
altogether too large for any one Judge t
give the courts therein more than nom
inal attendance, rising in population trou
/ l.470 900 in 1881, TO 6, ,l5l ,4O5 in 1sGO
Besides this, the country has general,
outgrown our present Judicial system. =
Ii uniformity was at all Intended, III.
system requires that all the States shall b,
Accommodated with Circuit Courts, ATTENDED
by Supreme Judges, while, n fact, W 5
consin, Minnesota, Iowa. Kansas, Florida
Texas, California and Oregon have nev
er had any such courts, nor can this wei
oe remedied without change of the sys
tenn, because the adding OF justices TO III,
Sepreme Court, enough for the accommo
datlon OF ali parts Of tho country with Cir
cult Courts, would create court allogeth
er too dangerous for n judicial body o
any sort, and the evil oil il be one thaI
viii 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. Ii not useful, no State
should have them. Let them be pro
vided for all, or abolished as TO all.
Three notifications occur 10 me here,
which think would be an improvement,
upon our present system. Let the Su.
preme Court be Of convenient number ia
every event. Then. FIRST, lei the whole
country be divided into circuits OF con.
venient size, .the,Supreme Judges 10 serve
IN number OF them corresponding Il
their own number, and Independent Cir.
cult Judges be provided for all the rest
or, S, eondly, the Supreme Judges be re.
lieved from Circuit duties, and Circuit
Judges provided for all the Circuits
or. thirdly, dispense with Circuit Courts
altogether, leaving the judicial functions
wholly 10 The District Courts, ard an in.
dependent Supreme Court.
respectfully recommend TO the consid
Grafton of Congress. the present condition
of the statute laws, with the hope that
Congress will be able to fnd an easy rem.
ety for the many Inconvenience and evils
which constantly embsrrass those ell.
gagged in the practical administration o
| them.
Since the organization Of the Govern.
mcnt Congress has enacted some 5000
acts and joint resolutions, which Gll more
than 5000 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 obscure in them.
selves or in conflict with each other, or a,
least SO doubtful as to render it very diff
cult for even the best informed persons ic
ascertain precisely wha, the statute law is
1t seems TO me very important tina; the
statute law should be made as plain and
Ineligible as possible, and be reduced
20 as small compass MS may consist with
the lullncss and precision Of the will o
the legislature and perspicuily of its
language. These well done would,
think, greatly facilitate the labors of those
whose duty it is 10 assist in the admins
lration of the laws, and would be lasting
benefit to the people by placing beior,
them in more accessible and intelligblt
form the laws which so deeply concern
/ tuCli
am informed by some whose opinion:
| respect, that all the acts of Congress.
now in force and Of permanent, genera
nature, might be revised aud re- writer
so as TO be embraced in one volume, OF
at least two volumes Of ordinary aud con
venienl size and respectfully recon
mend to Congress TO consider the sub
ject, and il my suggestion be approved
to devise such plan as TO their wisdom
shall seem most proper for the altainmen
OF the end proposed.
One of tho untavOrable consequences O
tho present insurrection is the entire sup
preston in many places of all Ordiuar,
means of administering civil justico by tn,
officers, and in the forms of existing law. -
This is tho case in whole or in part in o..
the insurgont States, and as our armies ad
vance upon and take possession of parts o.
those States, the practical evil becomes
more apparent, There are no courts o.
officers TO whom the citizens of other Staie
may apply for tho enforcement of tho
lawful claims against citizens of the insur
gent States, and there is a vast amount o
debt constituting such claims. Some hav,
estimated it as high as 200 900 900 dollars
due in largo part from insurgents in opoi
rebellion to loyal citizens, who arc even nov
making great sacrifices in tho discharge oi
their patriotic duty to support tho Govern
ment. Undor these circumstances hav,
been urgently solicited to establish, by mill
tary pOwor, courts to administer summar,
Justice in such cases. I have thus far do
clined to do it, not because had any doub
that tho end proposed. tho collection OF
debt. was just aud right in itself, but DO
cause have been unwilling TO go beyond
the pressure of necessity in the unusual OK
crcise of power, But tho powers of Con
gress, suppose are equal to the auomal
I Gus occasion; and, therefore, refer iht
whole matter to Congress. with the hop,
that q plan NAV DO devised Cor the admins
tration OF justice in all such parts OF the in
surgent States and Territories as may b.
under coutrOl of this Government, whcthe
by voluntary return to allegiance ant
order or by the power of our arms
This, however, is not to be permanent in
stitution, but temporary substitute, ant
to cease as soon as the ordinary courts cal
be re- established in peace.
1t is important that some more con
venient means should bo provided, if posi-
bIe for tho adjustment Of claims agains
the Government, especially in view of thei
increased number by reason of the war.
is as much the duty of tho Government t
render prompt justice against Itself in favo