Wood County reporter. [volume] (Grand Rapids [i.e. Wisconsin Rapids], Wis.) 1857-1923, 1861-12-14

| the decease Of Justices Daniel and Nc
Lean, and one by the resignation OF
Justice Campbell. l have so far for
borne making nominations to fill these
vacancies for reasons which I will now
state.
Two of the outgoing Judges resided
| within the States now overrun BY
revolt, SO that if successors were ap-
pointed in the same localities they
could not serve upon their circuits, and
many of the most competent men there
probably would not take the personal
hazard 0 accepting to serve even here
upon the Supreme Bench.
have been unwilling to throw all
the appointments northward, thus dis.
abllng 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 brilliant career
of Judge Mclean, his circuit grew in
to an empire, altogether too large for
any on e judge to give the courts there.
in more than a nominal attendance, ris.
ing in population from 100000 in
1880 to 6,l5l, ,4o5 in 1860.
Besides this, the country has gener.
ally outgrown our present judicial sys-
tenn. II uniformity was at all intend
Cd, the system requires that all the
States shall be accommodated with cir.
cult courts, attended by supreme judg-
es, while in fact, Wisconsin, Minnesota,
Iowa, Kansas, Florida, Texas and
Oregon, have never had any such
courts, nor can this well be renedied
without : change of the system, be.
| cause the adding Of judges to the SD,
preme court enough for the accommo-
dation Of all parts Of the country with
circuit courts would create court al
together too numerous for a judicial
body Of any sort, and the evil, if it
be one, vii! increase as newsstates come
into the Union.
Circnit 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 provi.
ded for all, or abolished as to ALL
Three notifications occur to me, either
| which, | think, would be an improve.
ment upon our present system. Let the
Supreme Court be of convenient mum.
Der in every event. Then,
lst Let the whole country be divided
into circuits of convenient size, the Su-
prelne Judges to serve in a number OF
them corresponding to own number,
and independent circuit Judges be pro
vided for all the rest; or,
Cd, Let the Supreme Judges be re-
'ieved from circuit duties, and Circuit
Judges provided for all the circuits or,
81. Dispense with circuit courts alto
gether, leaving the judicial functions
| wholly to this district courts and an in-
dependent supreme court.
One Of the unavoidable consequences
| Of the present lnsurrection is the entire
suppression, in many places, Of all Or
| dlnary means of administering civil
justice by the officers, and in the forms
of existing law. This is the case in
whole or in part i'll al the insurgent
| States and as our armies advance upon
and take possession of parts of those
States, the practical evil becomes
more apparent.
There are no courts nor officers to
whom the citizens of other States may
apply for the enforcement Of their law
tul claims against citizens of the insur-
| gent states, and there is vast amount
OF debt constituting such claims
Some have estimated it to be as high
as 5000, 900, 900, due in large part from
insurgents in open rebellion to loyal
citizens, who are even now making
great sacrifices in the discharge of
their patriotic duty to support the Gov
ernment Under these circumstances,
| have been urgently solicited to es-
taollsh by military power courts to ad-
minister summary justice in such cases
| have thus far declined to do it, not
| because had any doubt that the end
| proposed, the collection of debts, was
just and right in itself, but because I
have been unwilling to 60 beyond the
pressure of necessity in the unusual
exercise Of power, but the powers Of
congress l suppose are equal to the
| anomalous occasion, and therefore I
| refer the whole matter to congress with
| a hope that plan my be devised for
for the administration of fjustice in all
such parts of the insurgent States and
| Territories as may be under control Of
this Government, whether by volun-
tary return to allegiance and order, Or
by the power of our arms. This, how
ever, not to be a permanent institution,
but temporary substitute and to cease
as soon as the ordinary court. can be
re.established in peace.
1t is important that some mole con-
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