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第75章

the writings-5-第75章

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I would invite special attention to the recommendation of the

Secretary for a more perfect organization of the navy by introducing

additional grades in the service。



The present organization is defective and unsatisfactory; and the

suggestions submitted by the department will; it is believed; if

adopted; obviate the difficulties alluded to; promote harmony; and

increase the efficiency of the navy。



There are three vacancies on the bench of the Supreme Courttwo by

the decease of Justices Daniel and McLean and one by the resignation

of Justice Campbell。  I have so far forborne making nominations to

fill these vacancies for reasons which I will now state。  Two of the

outgoing judges resided within the States now overrun by revolt; so

that if successors were appointed in the same localities they could

not now serve upon 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。  I 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 I 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 one judge to

give the courts therein more than a nominal attendancerising in

population from 1;470;018 in 1830 to 6;151;405 in 1860。



Besides 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 well be remedied without a change in the

system; because the adding of judges to the Supreme Court; enough for

the accommodation 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 useful; no State should be denied them; if not useful; no

State should have them。  Let them be provided for all or abolished as

to all。



Three modifications occur to me; either of which; I 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

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 circuit courts altogether; leaving the judicial functions wholly

to the district courts and an independent Supreme Court。



I respectfully recommend to the consideration 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 embarrass those engaged in the practical

administration of them。  Since the Organization of the government;

Congress has enacted some 5000 acts and joint resolutions; which fill

more than 6000 closely printed pages and are scattered through many

volumes。  Many of these acts have been drawn in haste and without

sufficient caution; so that their provisions are often obscure in

themselves or in conflict with each other; 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。



It seems to me very important that the statute laws should be made as

plain and intelligible as possible; and be reduced to as small a

compass as may consist with the fullness and precision of the will of

the Legislature and the perspicuity of its language。  This well done

would; I think; greatly facilitate the labors of those whose duty it

is to assist in the administration of the laws; and would be a

lasting benefit to the people; by placing before them in a more

accessible and intelligible form the laws which so deeply concern

their interests arid their duties。



I am informed by some whose opinions I respect that all the acts of

Congress now in force and of a permanent and general nature might be

revised and rewritten so as to be embraced in one volume (or at most

two volumes) of ordinary and convenient size; and I respectfully

recommend to Congress to consider of the subject; and if 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 unavoidable consequences of the present insurrection is

the entire suppression in many places of all the ordinary means of

administering civil justice by the officers and in the forms 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 practical evil becomes more apparent。

There are no courts or officers to whom the citizens of other States

may apply for the enforcement of their lawful claims against citizens

of the insurgent States; and there is a vast amount of debt

constituting such claims。  Some have estimated it as high as

200;000;000; due in large part from insurgents in open rebellion to

loyal citizens who are even now making great sacrifices in the

discharge of their patriotic duty to support the government。





Under these circumstances I have been urgently solicited to

establish; by military power; courts to administer summary justice in

such cases。  I have thus far declined to do it; not because I had any

doubt that the end proposedthe collection of the debtswas just

and right in itself; but because I have been unwilling to go beyond

the pressure of necessity in the unusual exercise of power。  But the

powers of Congress; I suppose; are equal to the anomalous occasion;

and therefore I refer the whole matter to Congress; with the hope

that a plan maybe 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 by a voluntary return to

allegiance and order or by the power of our arms; this; however; not

to be a permanent institution; but a temporary substitute; and to

cease as soon as the ordinary courts can be reestablished in peace。



It is important that some more convenient means should be provided;

if possible; for the adjustment of claims against the government;

especially in view of their increased number by reason of the war。

It is as much the duty of government to render prompt justice against

itself in favor of citizens as it is to administer the same between

private individuals。  The investigation and adjudication of claims in

their nature belong 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。  It 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 great degree fails to effect the object of its

creation for want of power to make its judgments final。



Fully aware of the delicacy; not to say the danger of the subject; I

commend to your careful consideration whether this power of making

judgments final may not properly be given to the court; reserving the

right of appeal on questions of law to t

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