Civilian & telegraph. [volume] (Cumberland, Md.) 1859-1875, 1861-12-12

vacancies. for reasons which / will now state.
Two out of the outgoing Judges resided
within the States now overrun by revolt so
that if successors were appointed IN the same
localities they could not now serve upon their
circuits. And many of the most competent
men there probably would not take the per-
sonal hazard of accepting to serve even here
upon the Supreme Bench.
have been unwilling TO throw all. the
appointments Northward, thus disabling my
self from doing justice to the South on the
return of peace although | may remark that
to transfer to the North that 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 McLane, his circuit grew into an en-
pire altogether too large for any one Judge to
give the courts more than nominal attend
ance, rising in population from one million
four hundred and seventy thousand and eight
cen in the year 1880, to six million one hundred
and fifty-one thousand four hundred and five
in 1860. Besides this, the country generally
has outgrown our present judicial system.
IF uniformity was at all intended, system
requires that all the States shall be accom-
modated with Circuit Courts, attended by
Supreme Judges, while in fact Wisconsin,
Minnesota, Iowa, Kansas, Florida California
and Oregon have never had any such courts.
Nor can this be recommended, without
change OF the system, because the adding of
Judges to the Supreme Court enough for the
accommodation of all parts of the country,
with Circuit Courts would create a Court alto
gether too numerous for judicial body of any
sort. And the evil, if it be one will increase
as new States come into the Union. Circuit
Courts are useful or they are not useful--ii
useful, no State should be denied them. If not
useful no State should have them Let them
be provided for all or abolished by all.
These notifications occur to me, either of
which, l think, would be an improvement
upon our present system. Let the Supreme
Court be of convenient number in any event;
then first let the whole country be divided
into circuits of convenient size, the Supreme
Judges to serve in the circuit corresponding
| to their own number, and independent Circuit
Judges be provided for all the rest. Or sec
ondly, let the Supreme Judges be relieved from
Circuit duties, and Circuit Judges provided
for all the Circuits. Or thirdly, dispense with
Circui! Courts altogether, leaving the Judicial
functions wholly to the District Courts and
an Independent Supreme Court.
respectfully recommend to the cousidera-
tion of Congress, the present condition OF the
statute laws, with the hope that Congress will
be able to find an easy remedy for many of
the inconvenience and evils which constantly
embarrass those engaged in the partial admin
istration of them.
Since the organization of the Government,
Congress has enacted some five thousaad acts
and Joint resolutions, which fill more than six
thousand closely printed pages and are scat
tered 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 pre-
cisely what the statute law really is. 1t seems
to me very important that the statute laws
should be made as plain and Ineligible as
possible, and be reduced to as small compass
as may consist with the fulness, and provision
of the will of the Legislature, and the perspi-
Guilty of its language. This well done, would
| think, greatly facilitate the Iabors of those
whose duty it is to assist in the administration
of the laws, and would be a lasting benefit TO
the people by placing before them in more
accessible and ineligible form, the laws which
so deeply concern their interest,and their duties
am informed by some whose opinions re-
spect, that all the acts of Congress now in
force and of permanent and general nature,
might be revised and rewritten, so as to be
embraced in one volume, or at most in two
volumes of ordinary and convenient size.
And | respectfully recommend to Congress
to consider the subject, and if my suggestions
, be opposed, to devise such plan rs to their
wisdom shall seem most proper for the attain
ment of the end proposed.
| One of the unavoidable consequences of the
present insurrection is the entire suppression
in many places of all the ordinary means of
| administering civil justice by the officers and
the forms of existing law. This is the case in
whole or in part, in all the insurgent States
and as our armies advance, and take possession
of parts of those States, tho practical evil be-
comes more apparent
There are no cour Is or Off GERS, to whom the
citizens of other States may apply for the
enforcement of their lawful claims against
citizens of the insurgent States (and their vast
amount of debt constituting such claims, some
have estimated as high as $200,000000,) due
the large part, from insurgents in open rebel.
lion, to loyal citizens who are even now max
ing great sacrifices in the discharge of their
patriotic duty TO support the Government.
Under these circumstances | have been ur-
| gently solicited to establish, by military power
courts to administer summary justice in such
cases. have thus far declined to do it, moi
because had any doubt that the end pro.
posed, the collection of tho debts, was just and
| riyht in itself, but because have been unwil-
ling to 60 beyond the pressure of necessity
in the unusual exercise of power. But the
powers of Congiess, suppose, are equal tc
the an nomalous occasion, and therefore, | refer
the whole matter TO Congress with a hope
that plan may be devised for the administra
tion of Justice in all such parts of the insur
gent States and Territories as may be under
the control of this Government, whether by @
voluntary return to allegiance and order, Oh
by the power of our arms. This, however
not to be n permanent institution, but TEN
porary substitute, and 10 cease as soon as the
ordinary courts can be re- established in peace
1t is important that some more convenient
means should be provided, if possible, for the
adjustment Of claims against the Govern
ment, especially in view of their increased
number by reason Of the war. 1t is as much
the duty OF Government to render promp,
Justice against itself in favor of citizens, as
it is to administer the same between private
individuals investigation and adjudication
of claims in their hands belong to the judi
cial 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 in.
tended by the organization Of the Court ol
Claims, mainly to remove this branch ol
business from the Halls of Congress. But
while the Court has proved to be an effective
and valuable means of investigation, it fail:
in great degree to effect the object of it!