Life of Abraham Lincoln, Sixteenth President of the United StatesCrosby, Frank
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Life of Abraham Lincoln, Sixteenth President of the United States
Crosby, Frank
Lincoln, Abraham, 1809-1865
“During the long and brilliant judicial career of Judge McLean, his
circuit grew into an empire--altogether too large for any one judge
to give the courts therein more than a nominal attendance--rising
in population from one million four hundred and seventy thousand
and eighteen, in 1830, to six million one hundred and fifty-one
thousand four hundred and five, in 1860.
“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 five thousand acts and joint resolutions,
which fill more than six thousand 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.
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