Year: 1861

the excelent sanitary c0nultiOn OF tnc clitite
army. The Recommendation by the Secretary
for an organization of the militia upon uniform
basis. is an object of vital importance to the fu-
ture safety Of the country, and IS commended 10
the serious attention of Congress. A large ad
dition to the regular army, in connection with
the detection that has so considerably diminished
the number of its officers, gives peculiar import
ance to his Recommendation for increasing the
corps of cadets to the greatest capacity of the
military academy.


By mere omission, ] presume, Congress has
failed to provide Chaplains for the Hospitals oc-
cupied by volunteers. This subject was brought
to my notice, and xas induced to draw up the
form OF n letter, one copy OF which. properly ad-
dressed TO each of the persons, and at the dates
respectively named. stated schedule containing
also the form of the letter. marked A, and here
with transmitted. These gentlemen, | under
stand, entered upon the duties designated at the
times respectively designated in the schedule,
and have labored faithfully therein ever since.
l therefore recommend that they be compen-
sated at the same rate as Chaplains in the
my. | further suggest that general provision be
be made for Chaplains to serve at hospitals as
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 the Administration and the





power Such have been the additions by eonstruc-
ton and purchase that it may almost be said
navy has been created and brought into service
SINCE ourdifficultes commenced. Besides block
aiding our extensive coast squadrons larger than
ever assembled under our flag have performed
deeds which have increased our naval renown


i would invite special attention to the recon-
mendation of the Secretary of the Navy for a
more perfect organization OF the navy. by intro
ducing additional grades in the service. The
present organization is defective and unsatisfac
tory and the suggestions submitted by the De
partment will, it is believed, If adopted, obv;ate
the difficulties alluded to, promote harmony and
increase the efficiency of the navy.


There three vacancies on the bench of the
Supreme Cout. two by the deceise of Justices
Daniel and Mclean and ore by the resignation of
Justice Campbell, and have far forborne making
nominations to fill these vacancies for reasons
which will now state: Two of the outgoing
Judges resided within the States now over.
run by revolt, so that ii successors were
appointed in the same localities they could
not serve uIon their circuits, and many of the
most competent men there probably would not
take the personal hazard of accepting to serve
even here upon the Supreme bench. have been
unwilling to throw all the appointments North
ward, thus disabling myself from doing justice to
the South on the return of peace, although may
remark that to transfer to the North one which
has heretofore been in the South would not, with
reference to territory and population, be unjust.
During the long and brilliant judicial career
of Judge Mclean his circuit grew into an
empire, altogether too large for any
Judge to give the courts therein more than
nominal attendance, rising in population
from l4T 900 in 1881 to 6.l5l ,405 in 1861 Be
sides this, the country has generally outgrown
our present judicial system. il uniformity was at
all intended. The system requires that all the
States shall be accommodated with circuit courts,
attended by Supreme Judge, while, IN fact,
Winconsin, Minnesota Iowa, Kansas, Florida
Texas, California and Oregon have never had
such courts. Nor can this be well remedied
without a change of the system, because the add
ing of justices to the Supreme Court enough for
the accommodation of all parts of the country
with circuit courts, would create a court atogeth
er too dangerous for judicial body of any
Sort and the evil of il be one that
will increase AS new States come into the Union.
Circuit Courts useful or they not useful.
If useful no State should be denied them; if not
useful no State should have them. Let them be
provided for all, or abolished 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 con-
venient number in every event, then, first,
let the whole coantry 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,
the Supreme Judges be relieved from circuit
duties. and Circuit Judges provided for all the
Circuits; or, thirdly, dispense with Circuit Courts
altogether, leaving the Judicial functions wholly
to the District Courts, and independent Su
preme Court. | respectfully recommend TO the
consideration of Congress the present condition
of the statute law. with the hope that Congress
will be able to find easy remedy for the many
inconveniences and evils which constantly EN-
barrass those engaged in the practical admins
trltion of them. Since the Org rgtnization of the
Government Congress has enrolled some 5000
Acts and Joint Resolutions, which fill more than
5000 closely printed pages. and are scattered
through many volumes. Many of these Acts
have been drawn in haste and without sulfi-
cient caution, so that their provisions are often
obscure in themselves, or in conflict with each 9TH
er, or, at least, so doubtful as to render it very
difficult for even the best informed persons to
ascertain precisely what the statute law really is.
1t seems to me very important that the statute
law should be made as plain and ineligible as
possible, and be reduced 70 as small a compass
as NAV consist with the fnllness and precision
of the will of the Legislature, and the perspi-
Guilty of the language. These well DONE would
| 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 and ineligible
form the laws which so deeply concern their
interests and their duties / am informed by
some. whose opiuions / respect, that all the
acts of Congress now in force and of permanent
and general nature. might be revised and re-
written so as to be embraced in one volume, or at
least two volumes of ordinary and convenient size,
aud | respectfully recommend to Congress to
consider the subject, and if my suggestions be ap-
proved, to devise such plan as to their wisdom
shall seem most proper for the attainment of the
end proposed.


One OF the unfayorable consequences of the
present insurrection is the entire suppression in
many places of all ordinary means of administer
ing civil justice by the officers and in the forms of
existing law. This is the case, IN whole or in part
in al the insurgent States and as our armies adj
vance upon and take possession of parts of
these States, the practical evil becomes more ap-
parent. There courts or officers to whom
the citizens of other States may apply for the en-
forcement of their lawful claims against citi-
zens of the insurgent States, and there is vast
amount of debt constituting such claims; some
have estimated it as large as $500, 600, 900,
due in large part from insurgents in open rebellion
to loyal citizens, who are even making great
sacrifices in the discharge OF their patriotic duty
tc support the Government. Under these cir
cumstsnces have been urgently solicited to es-
tablish, 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 cf the debt,
was just aud right in itself, but because have
beeu unwilling to go beyond the pressure of ne
cessity in the unusual exercise of power; but the
powers of Congress | suppose are equal to the
anomalous occasion, and therefore | refer the
whole matter to Congress. with the hope that
the plan may be devised for the administration
of justice in all such parts of the insurgent
States and Territories may be under the con
troll of this Government, whether by voluntary