n 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
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 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.
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