Daily Democrat and news. [volume] (Davenport, Iowa) 1859-1864, 1861-12-04

dered greatly exceeds the force which Congress
authorized me to call into the field. refer with
pleasure to that portion Of lis report which makes
alusion 10 the cre3iiabe degree of dsclli al
ready attained by cur troops and to the excel en
sanitary condition Of the ent re army.
The recommendation by tho Secrctary for ar
organization Of the Militia upon a uniform basis
Is subject OF vital Importance TO the future safe
ty OF the country, and is commended to the serious
attention Of Congress.
large addition to the regular army, in conncc
ton with the detection that has considerably
diminished the number Of lis officers give peculiar
Importance u his recommendation for increasing
the corps of Cadets to the greatest capacity OF the
Military Academy, by mere Americans.
presume Congress has failed t. provide Chap
iains fer the hospitals occupied by volunteers
This subject was brought to my notice, and wal
induced to draw UP the form Of letter, one copy
OF which have properly addressed to each OF the
persons, and the dates spcctiyely LaIned and
stated In q sch edulc, containing also the form OF
the letter marked "a and herewith transmitted
Three Lieutenants, undeI eIstand, entered upon the
duties igLatcd, at tie times respectively stated
in the schedule, and have laborcd faithfully there
IN ever since. ! therefore recommend that they
be COMPENSATED at the ~ lie rate as Chailains In
the army. further reqscst that general provis-
ion be made Tor ChaplaILs to serve at Hospitals a'
well as with regiments.
The report Of the Secretary Of the Navy, pre-
sents in detail the operations Of that branch Of
the service and the activity and energy which
have characterized its administration, and the
results OF measures TO Increase its efficiency and
powers. Such have been the additions by con
struction and purchase, that it may almost be
said navy has been created and brought into
service, since our difficulties commenced. Besides
blockadirg our extensive coast, squaarons larger
than ever before assembled under cur AZ, have
been Put aloat AMI performed deeds which have
increased oar naval rerowA. ! would invite
special attention to the recommendation of the
Secretary Of the Navy. for mcrc perfect organ-
z.tion OF the Navy, by introducing additional
grades in the service. Tho present organization is
defective ani unsatisfactory, and the suggestion
submitted by the Department., will, it j. believed,
if adopted, obyia:e the di!icu,tes alluded pro-
mote harmony and increasc the efficiency Of the
Nay.
There are three VACANCIES Oh tho Lench Of the
Supreme Court, two by the death Of Justices
Daniel and Mclean, ami ore by the resignation Of
Justice Campbell. have so tar forburne making
hominatluns to iii these vacancies tor reasons
which ] will low state. Twu q. these outgoing
judges resided within The State, now ove,run BY
revolt, 20 that il success ors were appointed in the
same localities they could not serve upon heir
circuits, ard many Of the most competent men
there Probably would not take the personal hazarl
OF acc -rting to serve even here upon tie Supreme
bench. LLWil!, 1" throw all the nploi..tments
Nolthward thus disabling myself from doinG jus
| may remark tina, to transfer TO the North ,Lc
which has ersioforc been in the Sou h, would
not, with reference TO Ie-rltory and porulati, Q
unn.t.
During the long ana brilliant Judicial career of
Judge Mclean, his Circuit grew int" an empire
too large .or any one Judge TO give the Courts
therein more than a nominal attendance-Iisng
in population from ,t70,g0 in 1871. - t,}jl5p.
$50. Besides this, the country has generally
outgrawn cur present. Judicial syst,m. Ii uni
fnrraity was at all intended the sy>tcn requires
that al the States shall be accommo t:.i,d with
Circnit ccdr.s attended hy Supreme Judges, while
i, fact, Wisconsin, MinnesDta. !osa, Kansas
Florids, Texas, Cai.fos j. AMI Oregon, have
had any such Courts, nor can this be well rene
died without a change Of tho sys,eu; ; because
the adding Of justices TO tho SuIr,mc Court
enough tor the accommodation Of all
parts Of the country with Circuit Courts,
'6q"'' jGaIcfaI bluiy OF any sort,
and tie evil If it be ono that will increase n new
States come into the Union. Circuit Courts
useful they lot useful. Ii useful, no state
should be devoid Of them. |! cot useful no State
hould have them. Let them DO provided for ali
Or abolished as 10 all. Three notifications occur
10 me here which think would be IN improve
ment upon our present system. Let thc ~up,eme
Court be Of convenient numbers in every event .
then, first let tie whole country be divided into
courts Of convenient size, the Supreme Judges IL
erve in a number Of them corresponding to their
)wn mum Der, al.d independent Circuit Judges be
provided fer all the rest or, secondly the Supreme
Judges be relieved iron Circuit duties and Circuit
Judges be provided for Ill the Circuits or thrifty
dispense with Circuit Courts altogether. leaving
he Judicial function wholly to the district Courts
mi independent supreme Court. ! respect
'u.ly recommend 10 the consideration Of Gong e-s
he present condition Of the statute laws, with the
lope that Congress Viii bo aUc to tud an easy
'emedy for the many ncotyenerces and evils
which constantly embarfass those Engaged in
he practical nj HInis'ra:ion of them.
Since the Organization of the GoreTnmci.t Con
,ress has enacted some live thousand acts ana
olnt resolutions, which I'll more than .ix thou.
md closely printed pages, and are scattered
through many volumes. Many of these acts h..s.
Deen drawn in haste, aud without suihcion, eau
lion, 50 that their lreylsio,s are often obscure in
themselves, or in conflict with esel. other, and Mt
cas-; 50 doubtful as 10 render it very dilcu!t f..
wen the best informed persons to asca tain pre-
sely what the statute law really is. 1t seems &
ne very important tn at The salute Iaa should
Je made as pain sn1 ntelIigible MS possible, ,nd
pc reduced 70 as suatI a compass as may cor ssi
th the iuilness AMI precision of tho VIII II i,
legislature and the porspicuity OF it's language
c,we Gone,wo think greatly facilitate The
abors o. those whose duty it is ,o assist the nd
nnistIatien ot The avs. and would be lasting
,eneft t. the people ny placing before them in i
lore accessible and intciigi bic form the laws
sIlcH - Coll tHt.f interests tHClr
uties. | am Informed by some, whose opinions
espcc., that AL he aes CT Congress in force
f rcrina nert ant geLcra! nature, might be re
ised and rewritten so rs to be embraced in one
oiumc, least in two volumes, Of ordinary and
size, and respectfully recommend 70
,ong-ess to consider tho satJ ect, and If my sug
estion be approved, 10 devisc such a plan ID
heir wisdom shall most proper for the at |
ainmont Of the end proposed.
0pe cf he ,Ipfaycre hle ~ I
cnt insurrect'on is the entire suppression, IL |
many places, Of all ordinary means oi administer
ng civil justicc by the officers AID in th forms of
xlsting law. This is the case, in whole in part.
n all the insurg.nt States, and our arnlics al |
ancc upoa and take possession Of parts of these |
tales, the practical evil becomes more apparent |
here are no Courts or officers to whom the citi |
ems OF ether States may alI'y for the enforce |
lent Of their lawful clai.is against citizens o! the
nsurgent States, and there is a vast amount of
eb, constituting such claims. Some have e3ti |
1atel it as high S20o,o00, 900, due in a large |!
art from insurgents in open rebellion to loyal
itzens, who are even now making great sacrifces |
q the discha-ging of their patriotic duty to sup |
ort the Government. Under these circumstances |
have been urgently solicited TO establish, ~ |
,ilitary power, Courts 10 administer sum |
uary justice in such eases. | have thus far |
eclincd to do it-not because / had any |
oubt that the end proposed.-tho collec- |
ion Of debts-was just and right IN itself, but |
ccause l have been unwilling to 60 beyond the |
-essure Of necessity in the unusual exercise Of
,ower; but the powers Of Congress, suppose, are
quail to tho anomalous occasion, and therefore
efer the whole matter to Congress. with the hope
hat plan may be devised for the administration |
f justice ia all such parts of the insurgent states
.nd TER tories may be under control OF this |
which by volant Try return to allo- |
,iance AID order, CT by tho power Of our arms. |
his, however, not to bo permanent institution,
tut temporary substitute, and to cease assoon az
ne srdinary courts can De Ie-estaDiished in
)cacc.
II is important that some N ore convenient means
lcl fhoa fraan