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!!!!隆堋響頼��紗秘慕禰厮宴和肝写偬堋響��
system�察�because the adding of judges to the Supreme Court�察�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�察�if it be one�察�will increase as new States
come into the Union。 Circuit courts are useful or they are not
useful。 If useful�察�no State should be denied them�察�if not useful�察�no
State should have them。 Let them be provided for all or abolished as
to all。
Three modifications occur to me�察�either of which�察�I think�察�would be
an improvement upon our present system。 Let the Supreme Court be of
convenient number in every event�察�then�察�first�察�let the whole country
be divided into circuits of convenient size�察�the Supreme judges to
serve in a number of them corresponding to their own number�察�and
independent circuit judges be provided for all the rest�察�or��
secondly�察�let the Supreme judges be relieved from circuit duties and
circuit judges provided for all the circuits�察�or�察�thirdly�察�dispense
with circuit courts altogether�察�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�察�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�察�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�察�so that their provisions are often obscure in
themselves or in conflict with each other�察�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�察�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�察�I think�察�greatly facilitate the labors of those whose duty it
is to assist in the administration of the laws�察�and would be a
lasting benefit to the people�察�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�察�and I respectfully
recommend to Congress to consider of the subject�察�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�察�in whole or in part�察�in all the
insurgent States�察�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�察�and there is a vast amount of debt
constituting such claims。 Some have estimated it as high as
200��000��000�察�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�察�by military power�察�courts to administer summary justice in
such cases。 I have thus far declined to do it�察�not because I had any
doubt that the end proposedthe collection of the debtswas just
and right in itself�察�but because I have been unwilling to go beyond
the pressure of necessity in the unusual exercise of power。 But the
powers of Congress�察�I suppose�察�are equal to the anomalous occasion��
and therefore I refer the whole matter to Congress�察�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�察�whether by a voluntary return to
allegiance and order or by the power of our arms�察�this�察�however�察�not
to be a permanent institution�察�but a temporary substitute�察�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�察�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�察�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�察�but�察�while the
court has proved to be an effective and valuable means of
investigation�察�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�察�not to say the danger of the subject�察�I
commend to your careful consideration whether this power of making
judgments final may not properly be given to the court�察�reserving the
right of appeal on questions of law to the Supreme Court�察�with such
other provisions as experience may have shown to be necessary。
I ask attention to the report of the Postmaster general�察�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�察�including the annual permanent appropriation of 700��000 for
the transportation of ;free mail matter�察─�was 9��049��296。40�察�being
about 2 per cent。 less than the revenue for 1860。
The expenditures were 13��606��759。11�察�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�察�1863�察�is estimated at
an increase of 4 per cent。 on that of 1861�察�making 8��683��000�察�to
which should be added the earnings of the department in carrying free
matter�察�viz。�察�700��000�察�making 9��383��000。
The total expenditures for 1863 are estimated at 12��528��000�察�leaving
an estimated deficiency of 3��145��000 to be supplied from the
treasury in addition to the permanent appropriation。
The present insurrection shows�察�I think�察�that the extension of this
District across the Potomac River at the time of establishing the
capital here was eminently wise�察�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�察�with the accompanying
documents�察�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 Land Offices。 The cash receipts
from the 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�察�while the interruptions to
the business of the country and the diversion of large numbers of men
from labor to military service have obstructed settlements in the new
States and Territories of the Northwest。
The receipts of the Patent Office have declined in nine months about
100��000。00 rendering a large reduction of the force employed
necessary to make it self´sustaining。
The demands upon the Pension Office will be largely increased by the
insurrection。 Numerous applications for pensions�察�based upon the
casualties of the existing war�察�have already been made。 There is
reason to believe that many who are now upon the pension rolls and in
receipt of the bounty of the government are in the ranks of the
insurgent army or giving them aid and comfort。 The Secretary of the
Interior has directed a suspension of the payment of the pensions of
such persons upon proof of their disloyalty。 I recommend that
Congress authorize that officer to cause the names of such persons to
be stricken from the pension rolls。
The relations of the government with the Indian tribes have been
greatly disturbed by the insurrection�察�especially in the southern
superintendency and in that of New Mexico。 The Indian country south
of Kansas is in the possession of insurgents from Texas and Arkansas。
The agents of the United States appointed since the 4th of March for
this superintendency have been unable to reach their posts�察�while the
most of those who were in office before that time have espoused the
insurrectionary cause�察�and assume to exercise the powers of agents by
virtue of commissions from the insurrectionists。 It has been stated
in 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 upon
this subject�察�letters have been written to the Commissioner of Indian
Affairs by several prominent 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
repossession of the country by the Federal forces the Indians will
readily cease all hostile demonstrations and resume their former
relations to the government。
Agriculture�察�confessedly the largest interest of the nation�察�has not
a department nor a bureau�察�but a clerkship only�察�assigned to it in
the government。 While it is fortunate that this great interest is so
independent in its nature as not to have demanded and extorted more
from the government�察�I respectfully ask Congress to consider whether
something more cannot be given voluntarily with general advantage。
Annual reports exhibiting the condition of our agricu