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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 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 June 30;
1861; including the annual permanent appropriation of 700;000 for
the transportation of 〃free mail matter;〃 was 9;049;296。40; being
about 2 per cent。 less than the revenue for 1860。
The expenditures were 13;606;759。11; showing a decrease of more than
8 per cent。 as compared with those of the previous year and leaving
an excess of expenditure over the revenue for the last fiscal year
of 4;557;462。71。
The gross revenue for the year ending June 30; 1863; is estimated at
an increase of 4 per cent。 on that of 1861; making 8;683;000; to
which should be added the earnings of the department in carrying free
matter; viz。; 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
capital 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 regaining 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 specially felt in the
operations of the Patent and General