The Ottawa free trader. [volume] (Ottawa, Ill.) 1843-1916, 1861-12-07


the return Of peace. Although | may rs-
mark that to transfer to the North one
, who has heretofore been in. the south,
would not with reference to the territory
and population, be uni ust, During the
long and brilliant career of Iude Mel Lean
his circuit grew into an Empire altogether
too large for any one Judge to give the
Courts moro than nominal attendance,
rising in population from 100000 in 1891
to 6,l5l 400 in 1860 Besides this, the
country has generally our present judicial
system.
If uniformity was at all intended, the
system required that all the States shall
be accommodated with Circuit Courts at
tended by Supreme Judges, while in fact
! Wisconsin, Minnesota, Iowa, Kansas, FlOri
da, Texas, California, Oregon have never
had any such courts, nor can this be well
rcmcdicd without a change Of the system,
! because the adding Of Justices to the
/ Supreme Court, enough for the accommO-
dation of all parts of the country with
Circuit Courts would create Court alto.
gether too dangerous for judicial body
OF any sort, and the evil Of it be one that
| viii create as new States come into the
| Union.
Circuit Courts are useful, or they are not
useful If useful DO State should be de-
MED them; if not useful, no State should
have them. Let them be provided for all,
or abolished as TO all.
Three notifications occur to me here,
which think would be an improv erncnt
unon cur present -v-'"r" Let the ~
pceme Court be of convenient number in
every event. Then first, let the whole
country IL divided into circuits Of conve-
ncnt size, the Supreme Judges to serve
in a number corresponding to their own
number, and independent Circuit judges
be provided for all the rest; or, secondly,
I The Supreme Judges be relieved from cir
cut duties, and circuit Judges provided
for al the circuits; or, thirdly, dispense
with Circuit Courts altogether. leaving the
judicial function wholly to the D.sfric:
Courts, and an independent supreme
Court.
One of the unfavorabie consequences Of
the present insurrectIon IS the entire sup
preston. in many places, Of n! ordinary
means Of administering civil jUslice by the
officers and III the form of existing law.
This Is the case, in whole or in part, in all
the iusurgeut States and a our armies
advance upon and take possession OF parts
. Of these States, the practical ell becomes
more apparent, There are no courts or
oilicers to whom the cluZens Of other
States may apply for the en'ol cement o:
/ their lawful claims against citizens Of the
B iDsuruent State. and there a. a vast amount
OF debt. constituting such claims. Some
have estimated it as high as S2UJgUtOjO,
due in large part from insurgent rebellion
J t. loyal citizens who are, even now, max
ing great sacrifices in the discharge Of
their patriotic duty TO support the GOV
eminent. Under the circumstances !
have been urgently solicited 10 establish.
I hv military power, courts TO administer
summary justice in such cases ! have
thu, far declined 10 do it; not Dcc@u-e !
had any doubt that the end proposed
4 the collection Of debt-wa> just and riEh :
in itself. but because ] have been uHWl.
+ ling to 90 beyond the pressure q necessity
in the unusual exercise OF power. But
/ the powers OF Congress suppose are cqua.
/ 10 the anomalous occasion, and thereto :
refer the whole matter 10 Congress with
the hone that a plan may be devised for
the administration of justice III al such
parts Of the iusurgcnt States and Ierrlto
rie, as NAV be under control Of this Gov
elnment. whether by a voluntary return
n allegiance and order, or by the power OF
/ our arms.
1t Is, however, not TO be a a permanent
institution. but temporary substitute,
and to cease as soon as the ordinary courts
can be re-estab.ished in peace.
Ii is important that some more conve
n.eut means should be provided. if posi-
hle. for the adjustment Of claims against
the Government, especially in view of
their increased number hy reason of the
war. 1t is as much the duty of the GOV
ernment to render prompt JUSTICE again
itself in favor of citizens, rs 1t Is to admin
i-ter the same between private individuals.
The investigation and adjudication OF all
! claims in their nature, belong 10 the Ju
dicial Department. Besides, II IS apparent
that the attention Of Congress will be more
than usually engaged for some time to
come. with great national questions. il
was intended by the organization OF the
court OF claims, mainly to remove TIN
branch of business from the halls Of Con
cress But. while the Court has proved t.
. be an efficient and valuable means of in
veStigatlon. it. in general degree, fails t
effect the object of its creation. FOR want O
, power to make its judgments final. Full,
aware Of the delicacy, not to sry the danger
of the subject, ! commend to your careiU
consideration whether this power of ma
! king judgments final may not be prorerl!
riven to the court, rcserving the right o
appeal on questions of law to the Suprem
! Court, with such other provisions IS eXpe
pcrience may have shown to be necessary
| ask attention to report of the Posi-
master General, the following being a sun
mary statement Of the condition OF th
/ Department: The revenue, from al
= sources. during the fiscal year ending III
! 3Uth June, lSGl, including the annCal pei
manent appropriation OF S'OO,OtO tor I'll
50. .O4A 296. 40, being about two per cent les
! than the revenue Of 1850. lhe eXpendI
= ures were SI3 SOC. .70S, II, showing E de reas
, / of more than eight per cent. as compare
, with those of the previous year, and leaN
= Ing an excess Of expenditures over I'll
Il revenue for the last fiscal year, of owe
y SOL, ,4U21l. The gross revenue for til
" year ending June 80, 1868, is estimated {;
= an increase Of four per cent. on that c
- 1861. making s., ,GS3, 900 which should b
added TO the earnings of the Department
for carrying free matter VIZ: S,OO,OOO, M;
king $3.50, coo The total expenditure
! for 1868 are estimated at Sl2;52S Goo lea,
= ing an estimated deficiency of 50 3,3fj, 60
= to be supplied from the treasury, in ao
f diton to the permanent appropriations
= The present insurection shows, think
! that the extension Of this District acroS
. tie Po omac river, at the time OF establish
. ing the Capital here, was emmIneneiy wis'
;. aud cons eIuently that the relinqusbmeu
? of that portion OF it which lies iii the Stat
: of Virginia was unwise and dangerous.
!, submit for your consideration, the exped
= ency Of retaining that part OF the District
. and the restoration Of the original bound
= aries thereof, through negotiations viii
! the State Of Virginia.
- Tie report CT the Secretary of The Int
y rior. with the accompanying document:
! exhibit the condition of the severa
:, branches OF the public business pe.tainin
e to that Derartm, Tie depressing IL
II n,.,cos ~ tho irSuyraction lave lacu A..