Western Reserve chronicle. [volume] (Warren, Ohio) 1855-1921, 1861-12-04

California. and Oregon, have never had
any such courts, nor can this be well rem
edied without a change Of the system, be-
cause the adding of justices to the Supreme
Court, enough for the accommodation of all
p.rts of the country with Circuit Courts,
would create = court altogether too danger
Gus for a judicial body of any sort, and the
evil Of it be n that will increase as new
States come into the Union. Circuit Courts
are useful or they are not useful. If use
full, no State should be denied ;hem. il
net useful, no State should have them
Let them be provided for all, or abolished
as to all.
Three notifications occur to me here.
which l think would be an Improvement
upon our present system. Let the Supreme
Court be Of con7enient number in every
event. Then first let the whole country
be divided into circuits Of convenient size.
the Supreme Judges TO serve in 4 number
Of them corresponding 10 their own number,
and independent Circuit Judges be prOyid-
cd fer all the rest; or. secondly, the Su-
preme Judges be relieved from Circuit du-
ties, and Circuit Judgcs provided for all
the Circuits; or. thirdly, dispense with
Circuit Courts altogether, leaving the ju-
dicial func ious wholly to the District
Courts, and III Independent Supreme Court
THE Z. s, Statutes.
respectfully recommend to the con-
sidoration Of Congress, the present eondi-
ton of the statute laws. with the hope that
Congress will be able to find an easy rene
dy for the many inconveRiencies and evils
which constantly embarrass those engaged
in the practical administration of them.
Since She organization of the Govern
mept, Congress has enacted some 5000
acts and joint resolutions. which fill more
than 6O0O closely printed pages, and arc
scattered through many volumes. Many
of these acts have been drawn in haste and
without sufficient caution, 50 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
precisely what the statute law is.
1t seems to me very important that the
statute law should he made as plain and
ineligible as possible. and be reduced to
as small q compass as may consist with the
f~ullness and precision of the will of the
legislature and the perspicuity Of its Ian
guage. These well done would, | think,
greatly facilitate the labOrs of those whose
duty it is to assist 10 the administration of
the laws, and would be 4 lasting benefit to
the people by placing before them in a more
accessible and ineligible form the laws
which so deeply concern their interests and
their duties.
| am informed by some whose opinions
l respect. that all the acts of Congress now
in force and of 4 permanent, general ma
ture, might be revised and rewritten SC
as to be embraced in one volume, or at
least two volumes of ordinary and conven-
lent size; aud | respectfully recommend to
Congress to consider the subject, and if my
suggestion be approved, to devise such a
plan as to their wisdom shall seem most
proper fer the attainment Of the end pro-
posed.
NORTHERN CLAIMS N SOUTHERN STATES.
One of The unfayotab,e consequences of
the present instruction is the entire sup
preston in many places of all ordinary
means of administering civil justice by the
officers, and in the forms of existing law.
This is the case in whole or in part in all
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 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 4 vast amount of
debt constituting such claims. Some have
estimated it as high as 200, 900. 1000 dol
lars, 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 Government. Under these circum-
stances l have been urgently solicited to
establish, by military power, courts to ad-
minister summary justice in such Eases
| have thus far declined to do it, not be-
cause | had any doubt that the end propo-
sed, the collection of debt. was Just and
right in itself, but because / have been un-
willing to go beyond the pressure of ne
cessity in the unusual exercise of power
But the powers Of Congress, [ suppose, are
equal to the anamOlOus occasion; and there
fore, [ refer the whole matter to Congress,
with the hope that a plan may be devised
. for the administration Of justice in all such
parts of the insurgent States and Terrific
ries as may be under control of this Gov
erument, whether by a voluntary return to
allegiance and order, or by the power of
our arms. This, however, is not to be a
re manent institution. but a temporary
substitute, and to cease as soon as the or
binary ccUrtscan bere-e established in peace.
CLAIMS AGAINST THE G01EGNNrxT
It is important that some more convcn-
lent means should be provided, if possible,
for the adjustment of claims against the
Government, especially in view of their in
creased number By reason of the war. 1t
is as much the duty of the Government to
render prompt justice against itself in IA
vor Of citizens, as It is to administer the
same between private individuals. The
investigation and adjudication of all the
claims in their nature belong to the Judi
cial department; besides it is apparent that
the attentiono Congress will be more than
usually engaged fer some time to come with
great national questions. 1t was intended
by the organization Of the Court of Claims
mainly 70 remove this branch of business
from the halls Of Congress; but while the
court has proved to be an e~ffestive and val
liable means of investigation, it in a great
degree fails ts effect the object of its crea-
ton for want of power to make its judg-
ments 6nal. Fully aware Of the d~elicacy,
not to say the danger, Of the subject, 1
commend to your careful consideration
whether this power of making judgments
final. NAV not be p~Topcrlv given 10 the