Year: 1861

edy Tor the many Inconvenience and evils
which constantly embarass those engaged
in their practical administration.


/ Since the organization of the Govern
ment, Congress has enacted some five
I thousand acts and joint resolutions, which
/ fill more than two thousand CLOSELY print
/ ed pages and are scattered through many
volumes. Many of these acts have been
drawn in haste, without sufficient caution.
so that their provisions are often obscure
in themselves, or in conflict With each 9th
er, and, at least so doubtful as to render
1t difficult for even the best informed per-
sons to ascertain precisely what the Stat
ute 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 to as small a compass as
may consist with the fullness and precis-
ion 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
1t Is TO assist in the administration Of the
laws and be a lasting benefit by placing
before them III n more accessible and in
telligible form the laws which so deeplv
concerns their best interests and their
most incumbent duties | am informed
by some whose opinions | respect that
all the acts of Congress now in force. and
of permanent and general nature, might
be revised and rewritten so as to be EN-
braced In one volume, or ut least in two
volumes Of ordinary and convenient size,
and | respectfully recommend to Con
gress to consider the subject, and if my
suggestion be approved, to devise such 4
plan as to their wisdom shall seem most
proper Tor the attainment Of the end pro-
posed.


There are three vacancies on the bench
of the supreme Court two by the de
decease of Justices Mclean and Daniels.
and one by the resignation Of Justice
Campbell


/ have so far forborne making these
nominations for reaons which | Will now
state Two Of the outgoing Judges resi-
ded within the states now overthrown bv
revolt, 50 that if successors were appoint
ed in the same localities, they could not
serve upon their circuits; and many of the
most competent men there, probably.
would not take the personal hazard Of nc :
ceptlns to serve even here upon the Sup
RENE Bench | have been unwilling to
throw all the appointments northward,
/ thus disabling myself from doing justice
to the return Of peace. | may remark
that to transfer to the North one who has
heretofore been in the South, would not
with reference to the territory and popu-
lation be unjust


During the long ard brilliant judicial
career Of Judge Mclean, his circuit crew
into an empire altogether too large for anv
one judge to give the courts more than
nominal attendance, rising in population
from l,4Io,0OO in 1890 to 6l3l .4U5 in
1860 Besides this, the country has @cn-
orally out@rown oar present judicial sys-
tenn


If uniformity was at all intended the svs-
TEN required that all States shall be ac-
commodated with circuit courts, attended
by supreme Judges: while, in fact. Wis
consin, Minnesota; Iowa, Kansas Florida,
Texas, California, and Ore g0n have never
had any such courts. Nor can this be
well remedied without change Of the
system, because adding Of Justices TO the
supreme court enough for the accommodate
ton of all parts Of the country with cir
cult courts would create u court altoeeth-
er too numerous for judicial body of any
sort, and the evil Of it lie one that viii in
crease as new States come into the Union.
Circuit Courts are useful or thev are
not useful If useful, no State should he
denied 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 Improvement upon our present system
Let the supreme Court be of convenient
number. in every event Then, first let
the whole country he divided into circuits
of convenient size the supreme judges 10
serve according to their own number and
Independent circuit Judges to 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. dispersc with circuit courts al
together, leaving the judicial function
wholly to the district courts and al indie
pendent supreme court.


One of the un.avorable consequences Of
the present insurrection is the entire sup
preston in many places Of all ordinary
means of administering civil justice by
the officers, and in the forms of existing
law This Is the case in all the inSurgcnt
States and as our armies advance upon
and take possession of parts Of these
States, the political evil becomes N ore ap-
parent There are no courts or officers to
whom the citizens of any other States may
apply for the enforcement of their lawful
claims aguinst citizens of the insurgcnt
States, and there IS vast amount of debt
constituting such claims. Some have eSti-
mated it a. high as lwo hundred million
dollars, due in large part from insuIgcnt
rehellions to loyal citizens. who arc even
now making great sacrifices in the lis
charge of their patriotic duty to support
the Government


4 nder the circumstances | have been
urgently solicited to establish by military
7 power courts to administer summary Jus
tice in such cases. | have thus far de-
clined to do it, not because | had any
doubt that the end proposed, the collec-
ton of debt was just and right in itself
but because | have been unwilling To 20
beyond the pressure of necessity in the
unusual exercise Of power. But the pow
ers Of Congress suppose are equal to the
anomalous occasion, and therefore I refer
the whole matter To Congress with the
hope that a plan may be devised for the
administration of justice in all such parts
of the iusurgent States and territories as


may be under the control of this Govern


ment, whether by a voluntary return tc


allegiance and order or by the power OF


our arms. It Is however not To be per


manent Institution, but temporary sub


stltute, and to cease As the ordinary courts


can be re-established in peace


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