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DECEMBER, 1861. DOUGLASS' MONTHLY. 571 [[line]] [[3 columns]] [[column 1]] far forborne from making nominations, for reasons which I will now state: Two of the outgoing Justices reside in States now overrun by the revolt; so that if successors were appointed in the same localities they could not serve on their circuits, and many of the most competent men there 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 northward, 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 course of Judge McLean, his circuit grew into an empire, and has out-grown 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 although too large for any one Judge to give the courts therein more than a nominal attendance, rising in population from 1,470,000, in 1830, to 6,151,405 in 1860. In fact, Minnesota, Wisconsin, Iowa, Kansas, Florida, Texas, California and Oregon never have had any Circuit Courts, nor can this 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 of it will be one that will increase as new States come into the Union. Circuit Courts are useful or they are not useful. If useful, no States should be denied them. If not useful, no States should have them. Let them be provided for all, or abolished in all. Three modifications occur to me, which I think would be an improvement on 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 corresponding to their own number, and independent Circuit Judges be provided for all the rest. Or, secondly, let the Supreme Judges be relieved from Circcuit [sic] duty, and Circuit Judges be provided for all the Circuits; or thirdly, dispense with Circuit Courts, leaving the judicial functions altogether to the District Courts or to the independent Supreme Court. I respectfully recommend to the attention 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 embarass those engaged in the practical administration of them. Since the organization of Government, Congress has enacted some 5,000 acts and joint resolutions, which fill more than 6,000 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 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 legislators and the perspicuity of its language. These 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 and 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 least two volumns [sic] of ordinary and convenient size, and I respectfully recommend Congress to consider the subject, and if my suggestion be approved to devise such a plan as in 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 [[/column 1]] [[column 2]] in many places of all ordinary means of administering the civil justice by the officers and in the bounds of the 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 nor officers to whom the citizens of other States may apply for the enforcement of their claims against citizens of the insurgent States, and there is a vast amonnt 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 decided not to do it, not because I had any doubt that the end proposed, the collection of the debts, was 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 occassion, [sic] 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 insurgent States and Territories as may be under control of this Government, whether by voluntary return to allegiance and order or by the power of our arms.——This, however, is not to be a permanent institution, but a temporary substitute, and to cease as soon as the ordinary courts can be re-established in force. 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 the 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, 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 a great degree fails to effect the object of its creation——a 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 the power of making judgments final may not properly be given to the Court, reserving the right of appeal on questions of law to the Supreme Court, with such other provisions as experience may have shown to be necessary. I ask attention to the report of the Postmaster General, the following being a summary statement of the condition of the department. The revenue from all sources during the fiscal year ending 30th June, 1861, including the annual permanent appropriation of $700,000 for the transportation of free mail matter, was $9,049,296,40 being about two per cent less than the revenue for 1860. The expenditures were $13,606,759,11, showing a decrease of more than eight per cent, as compared with those of the previous year, and leaving an excess of expenditures over the revenue of the last fiscal year of over $3,557,462,71. The gross revenue for the year ending June 30th, 1863 is estimated at an increase of four per cent on that of 1860, making $8,683,000 to which should be added the earnings of the department for carrying free mail matter $700,000, making $9,383,000. The total expenditures for 1863 are estimated at $12,528,000, leaving an estimated deficiency of $3,145,000 to be supplied from the treasury in addition to the permanent appropriation. The present insurrection shows, I think, that the extension of this District across the Potomac river at the time of establishing the Capitol here, was eminently wise, and consequently that the relinquishment of that portion of it which lies within the State of Virginia, was unwise and dangerous. I submit for your consideration the expediency of re- [[/column 2]] [[column 3]] gaining that part of the District, and the restoration of the original boundaries thereof, through negotiations with the State of Virginia. The report of the Secretary of the Interior with the accompanying documents, exhibits the condition of the several branches of the public business pertaining to that department. The depressing influences of the insurrection have been especially felt in the operations of the Patent and General Land Offices. The cash receipts from sales of public lands during the past year, have exceeded the expenses of our land system, only about $200,000. The sales have been entirely suspended in the Southern States, while the interruption to the business of the country, and the diversion of large numbers of men from labor to military service have obstructed settlements in new States and Territories. The receipts of the Patent office have declined in nine months about $9,000, rendering a reduction of the force necessary to make itself sustaining. The demands on the Pension office will be largely increased by the insurrection. Numerous applications for pensions based upon casualties of the existing war, have already been made. There is reason to believe that many of those now on the pension roll and in receipt of the bounty of the government are in the ranks of the insurgents or giving them aid and comfort. The Secretary of the Interior has directed the suspension of payment to such persons on proof of their disloyalty. I recommend that Congress authorize that officer to cause the names of such persons to be stricken from the pension roll. The relations of the Government with Indian tribes have been greatly disturbed by the insurrection, especially in the Northern Superintendency, and in that of New Mexico. The Indian country south of Kansas is in possession of the insurgents from Texas to Arkansas. The agents of the United States appointed since the 4th of March, for this Superintendency, have been unable to reach their posts; while the most of those who were in office before that time espoused the insurrection cause and assumed to exercise the powers of agents by the virtue of commissions from the insurrectionists. It has been stated by the public press that a portion of those Indians have been organized as a military force, and are attached to the army of the insurgents. Although the Government has no official information on the subject, letters have been written to the Committee of Indian Affairs, by several Indian Chiefs, giving assurance of their loyalty to the United States, and expressing a wish for the presence of Federal troops to protect them. It is believed that upon the re-possession of the country by the Federal forces, the Indians will cease all hostile demonstrations and resume their former relations to the Government. Agriculture, confessedly the largest interest of the nation, has not a depot nor a bureau, but a clerkship only assigned to it in the government. While it is fortunate that no great interest is so independent in its nature as to have demanded and extorted more from the government, I respectfully ask Congress to consider whether something more cannot be given voluntarily with general advantage. Annual reports exhibiting the condition of our agriculture, commerce and manufactures, would present a fund of information of great practical value to the country. While I make no suggestion as to details, I would venture the opinion that an agricultural and statistical Bureau might properly be organized. The execution of the laws for the suppression of the African slave trade has been confided to the Department of the Interior. It is a subject of congratulation that that the efforts which have been made for the suppression of this inhuman traffic have been recently attended with unusual success. Five vessels being fitted out for the slave trade have been seized and condemned. Two masters engaged in the trade and one person engaged in equipping a vessel as a slaver have been subjected to the penalty of fine and imprisonment; and one Captain taken up with a cargo of Africans on board his vessel has been convicted of the highest grade of offence under our laws and been sentenced to death. The Territories of Colorado, Dacotah and Nevada created by the last Congress, have [[/column 3]]
