Year: 1861

Tic otaleS uOW ONeITuH Uy EeFOitp bO inat


successors were appointed in the same local


tiles they could not now serve upon thei


circuits, and many OF the most competen


men there probably would not take the per


sonal hazard OF accepting to serve even her
upon the Supreme Bench. / have been un


willing to throw all the appointments North


ward, thus disabling myself from doing jus


tice to the South on the return of peace, al


though | may remark, that to transfer Il


the North one which has heretofore been i,


the South would not. with reference 10 ter


ritory and population, be unjust. During


the long and brilliant judicial career ofJudgt


Mclean, his circuit grew into an empire, al


though too large for any one Judge to give


the courts therein more than nominal at


tendance, arising in population from one mill


ion four hundred and seventy thousand ant
eighteen in 1880 to six millions one hundred
and fifty one thousand four hundred and five
in 1860. Besides this the country generally
has outgrown our present judiciary.


If uniformity was at all intended, the sys


tenn requires that all the States shall be ac


commodated with Circuit Courts, attended
by Supreme Judges; while, in fact, Wiscon
sin, Minnesota, Iowa, Kansas, Florida, Tex


as, California and Oregon have never had
any such Courts. Nor can this we'll be rem


edied without change OF the system, be
cause the adding Of Judges to the Supre me
Court. enough for the accommodation ofall
parts Of the country with Circuit Courts,
would create Court altogether too numer-
GUS for a judicial body of any sort-and the
evil OF it be one which will increase as new
States come into the Union. Circuit Courts.
too, are useful or they are not useful. If use
full, no State shou'd be denied them. Ifuot
useful, no State should have them. Let them
be provided for ALL or abolished as to ALL
Three notifications occur to me, either ot
which, think, would be an improvementu
on our present system. Let the Supreme
Court be Of convenient number in every ev-
ent; then, 1st, let the whole country be divi-
ded into Circuits OF convenient size, the Su-
preme Judges to serve in number OF them
corresponding to their own number, and in
dependent Circuit Judges be provided for all
the rest; or, secondly, let the Supreme Judg-
es be relieved from Circuit duties, and Cir
cult j Judges provided for all the Circuits; or,
thirdly, dispense with Circuit Courts alto
gether, leaving the judicial function wholly
to the District Courts and an Independent
Supreme Court.


respectfully recommend to the consider
a ion OF Congress the present condition of the
statute laws, with the hope that Congress
will be able to fird an easy remedy for many
OF the inconveniences and evils which con-
stantly cnbarras those engaged in the prac-
tical administration OF them. Since the Or
ganization of.the government, Congress has
enacted some five thousand acts and joint re.
solutions, which fill more than SIX thousand
closely printed pages, and are scattered thro'
many volumes. Many of these acts have been
drawn in haste ard without sufficient caution,
so that their provisions are often obscure in
themselves or in conflict with each other, or
at least so doubtful IS to render it very diff
cult ior even the best informed person to as.
certain precisely what the statute law really
is. 1t seems to me very important that the
laws should be made as plain and ineligible
rs possible, and be reduced to as small com
pass as may consist with the iullness and
precision of the will of the Legislature, and
the perspicuity Of its language. This, we'll
done, would ] think, greatly facilitate the
labors of those whose duty it is to assist in
the administra ion Of the laws, and would be
IL
fore tbem in a more accessible and intelieible
form the laws which so deeply concern their
in crest and their duties. | ain informed by
some whose opinions respect that al! the
Acts Of Congress now in force, and of per
manent general nature, might be revised and
rewritten so as to be embraced in one volume
or at most two volumes OF ordinary and con
venlent size, and respectfully recommend to
Congress to consider the subject, and il my
suggestion be approved to devise such plan
as to their wisdom shall seem most proper
for the attainment Of the end proposed One
OF the uniav bile consequences of the pres
ent insurrection is the entire suppression in
many places of all ordinary means OF admin
istering civil Justice by the officers and in the
torms 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 prac
tical evil becomes more apparent.


There are no courts nor officers to whom
the citizens Of other States may apply Ior
the enforcement OF their lawful claims against
citizens OF insurgent States, and there is a
vast amount OF debt constituting such claims
some have estimated it as high as two hum
dred million dollars due in la'g ge part from
insurgents in open rebellion to loyal citizens
who are even now making great sacrifice in
discharge Of their patriotic duty to support
the government, Under these circumstances
! have been earnestly solicited to establish
by military power courts to administer sum
mary 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 be.
cause have been unwilling to go beyond the
pressure OF necessity in the unusual exercise
OF powers; but the powers of Congress, sup
pose, are equal 10 the anamalous occasion,
and therefore ] refer the whole matter to
Congress, with the hope that plan may be
devised for the administration Of Justice in
all such parts of the insurgent States and
territories as may be under the control OF this
government, whether bya voluntary return
TO allegiance and Older, or by the power of
arms. This, however, not to be a permanent
institution, but temporary substitute, and
cease as soon as the ordinary courts can be
re. established in peace. 1t is important that
some more convenient means should be pro-
vided, If possible, for the adjustmento OF claims
against the government, especially in view OF
the increased number by ieason Of the war.
1t is as much the duty Of government to re1.
der prompt justice against itself In favor Of
citizens as IL il to administer the same be-
tween private individuals. The investigation
and adjudication Of claims In their nature be-
long TO the judicial 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. II
was intended by the organization of the
Court Of Claims mainly to remove this branch
OF business from the halls Of Congress, bu,
while the Court has proved to be an effective
and valuable means Of investigation, it in d
great degree fails to effect the object OF its
creation. for want ofpower 10 make it's judg-
ments final. Fully aware OF the delicacy.
not to say the danger of the subject, ! com
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