Year: 1861

pointments Northward, thus disabling myself
from doing justice to the South, on the re-
turn OF peace although, may remark that
to transfer to the North one which has hereto
fore been in the South, would not, with refer
ence to territory and population, be unjust.


During the long and brilliant judicial career
OF Judge Mclean, is circuit grew into an
empire altogether too large for any one Judge
to give the Courts therein more than nomi-
nal attendance rising in population from l.
47O,Ol8 in 1880, to 6,151 ,405 in 1860. Be-
sides this, the country generally has outgrown
our present judicial system. If uniformity
was at all intended, the system requires that
all the States shall be accommodated with
Circuit Courts attended by Supreme Judges,
while, in fact, Wisconsin, Minnesota, Iowa,
Kansas, Florida, Texas, California and Oregon
have never had any such Courts. Nor can
this we'll be remedied without change of the
system, because the adding of Judges to the
Supreme Court enough for the accommoda-
tion of all parts of the country with Circuit
Courts, would create a Court altogether too
numerous for a 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. If
they are useful, no State should be denied
them. If not useful, no Stale should have
them. Let them be provided for all or abolish
ed to ALL Three notifications occur to me,
either of which, think, would be an improve
ment upon our present system.


Let the Supreme Court be of convenient
number in every event. Then first, lst the
whole country be divided into circuits of
convenient size the Supreme Judges to serve
in a number of them corresponding to their
own number, and independent Circuit Judges
be provided for all the rest. Or, secondly,
let the Supreme Judges be relieved from
Circuit duties, and Circuit Judges provided
for all the Circuits; or thirdly, dispense with
the Circuit Courts altogether, leaving the
judicial functions wholly to the District Court
and an independent Supreme Court.


l respectfully recommend to the considera-
ton 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
inconveniences and evils which constantly en-
barrass those engaged in the practical admins
tration of them. Since the organization of
the government Congress has enacted some
fl We thousand acts and joint resolutions, which
fill more than six thousand closely printed
pages, and are scattered through many vol
ums. Many of these acts have beed drawn in
haste and without sufficient canton, so that
their provisions often obscure in them
selves, in conflict with each other or, at
least so doubtful as to render it very difficult
for even the best informed person to ascertain
precisely what the statute law really is.


1t seems to me very important that the
statute laws should be made as plain and in





small a compass as may consist with the full
ness and precision of the will of the Legisla-
ture and the perspicuitv of its language. This,
well done, would, l think, greatly facilitate
the labors of those whose duty it is to assist
in the administration of the laws, and would
be lasting benefit to the people by placing
before them in a more accessible an intellgi-
ble form the laws which so deeply concern
their interests and their duties. | am inform
ed by some, whose opinions | respect, that
all the acts of Congress, now in force, and of a
permanent and general nature might be re-
vised and rewritten so to be embraced in
one volume, or at most in two volumes Of or
dinary and commercial size, and [ respect
fully recommend to Congress to consider
the subject, and if my suggestion be approx
ed, to devise such plan as their wisdom shall
seem most proper for the attainment of the
end proposed.


One of the unavoidable consequences of the
present insurrccton is the entire suppression
in many places, of all the ordinary means of
administering civil justice by the officers in
the form of existing law. This is the case in
whole or in parts in all the insurgent States,
and as our armies advance upon and take pos
session of parts of those States, the practical
evil becomes more apparent. There are no 4
courts, nor officers to whom the citizens of the
States may apply for the enforcement of their
lawful claims against citizens of the inSurgent





constituting such claims, some have estimated
1t as high as $500, 600, 900 due in large part
from insurgents in open rebellion to loyal cit
izens who are even now making great sacrifi
ces in the discharge of their patriotic duty to
support the Government. Under these cir
cumstances l was urgently solicited to estab-
lish, by military power, courts to administer
summary justice in such cases. | have thus
far declined to do it, not because | had any
doubt that the end proposed the collection of
the 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 power.


But the powers of Congress, 1 suppose, are
equal to the anomalous occasion, land therefore
refer the whole matter to Congress, with the
hope that plan may be devised for the ad
ministration OF justice in all such parts of the
insurgent States and Territories may be
under the control of this Government wheth-
er by a voluntary return to allegiance and or
der, or by the power of our arms.


This, however, not to be permanent in
sttution but temporary substitute, and to
cease as soon as the ordinary courts can be
re established in peace. 1t is important that
some more convenientS means should be pro-
vided, if possible, for the adjustment of claims
against the Government, especially in view OF
their increased number, by reason of the War.
1t is as much the duty of Government to rem
der prompt justice against itself, in favor of
citizens ss it to administer the same be-
tween private individuals. The investigation
and adjudication of claims in their nature be-
longing 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.
1t was intended by the organization of the
Court of Claims mainly to remove this branch
of business from the halls of Congress, but
while the court has proved to be an effective
and valuable means of investigation, it in