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 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 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, i
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