Presidents -- United States -- Messages; United States -- Politics and government -- Sources
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, in 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 nor 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 may be 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.
Public-domain text, read in full here on John Shaqi.
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