A Compilation of the Messages and Papers of the Presidents. Volume 6, part 1: Abraham Lincoln
History
A Compilation of the Messages and Papers of the Presidents. Volume 6, part 1: Abraham Lincoln
Lincoln, Abraham, 1809-1865; Presidents -- United States; United States -- History -- Sources; United States -- Politics and government
Besides this, the country generally has outgrown 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, in fact, Wisconsin, Minnesota, Iowa, Kansas,
Florida, Texas, California, and Oregon have never had any such courts.
Nor can this well 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,
if it be one, will increase as new States come into the Union. Circuit
courts are useful or they are not useful. If useful, no State should be
denied them; if not useful, no State should have them. Let them be
provided for all or abolished as to all.
Three modifications occur to me, either of which, I think, would be an
improvement upon 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 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
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 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.
Public-domain text, read in full here on John Shaqi.
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