按键盘上方向键 ← 或 → 可快速上下翻页，按键盘上的 Enter 键可回到本书目录页，按键盘上方向键 ↑ 可回到本页顶部！
————未阅读完？加入书签已便下次继续阅读！
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