The Lancaster gazette. (Lancaster, Ohio) 1846-1852, 1850-12-20


from pursuing thecourse suggested. while much
useless abur may be saved; the treasury relieved
from heavy additional burlhens, antl the represen'
taiives OF the people enabled at an early dny, To
return Ia their constituents and their homes.
The fifth section oGihe same article oil the con
slitntinn cOuters on the Executive tue authority !
To grant reprieves aud pardous, after conviction.
except in cases nl impeachment
This power. so necessary to be vested sumo !
where in every complete system of government,
/, must he admitted is extremely lablc To abuse.
| This may arise by withholding tue exercise nl
this power. as well as by its tno reyueut apphcl'
nn No d, finite rules of action cnn he establisl-
ed by which To guide The discretion oillI Execi-
tive. II irnaciulsiy adhered to- without the GER
uiinr, uf occasionally public ujury, or private III
Justice Every application IuI pardon, OF rtprIeve
must rest in the rxert se 0l S'und dlscrtli"n anu
depend upon lis uwu merits aud It's own indlvd'
| uui circumstances.
The certainty, rather than the severity, of pm
i,hment is 60 ceded as the better course to Sc
cure tue observance OF those rules which every
government must adopt iur the security oil sell
aud It's citizens against the lnwrss violence oi lhe
centinn- aud prohigare The penal code oi THIS
/. Sll'e iufic,. no cruel nor unusull runshmentS
II iS ia the piain mi!d IN its i'enalties or 2hl't
as the law of,ny civilized cnuulry. aud our modes
of trial are H. well calculated tu secure aud pro
Iect Innocence u cuuh well be devised, with any
regard 10 puhlic Justice.
r 1t always appeared to me, therefore. brinre The
. law sh"ud he interrupted in It's course. the Gov
ennr should he wei satisfied oi the lleSalily ot
Injustice uf the sentence which il had prunonncet
tiIa the exlmple which had been sci and the re-
crmnti II al the offender had fully satisfied The
claim, oi public justice; OF that extraordinary cir
runslnnc had arisen. subsequent IL the cOnvic
4 ton which rendered il IN, unan aud nnchrisilaIi
. that punishment should be longer continued.
l am of tue UpiHiun, that tue pd1h'uliIs power
v Was designed tr r ach very few. lIany nt'er cnses
l.ian thuse enumerated; tint il should be hut slar'
1 in.ly used TINT the Executive sh"nI,l moi inr.
= get. while h srer and hears at tile sorrows "l 9th
: en- bat the suietl aud srriry ot society depend.
: very essentially "m alright unlmltiil aud euergei
= Ic administration al pelml laws
II The lb sectidn ul The slme article enacs. thai
p the Governor "niny require inlurlnttl"n III wrl-
II thug ironthe officers in the executive de- artmrll
; upon any subject "eatug 10 the duties oi Their re-
!. spectivc uiiiccrs and shall take that the law
e be faithfully executed"
This provision WI, designed, conclude, tn au.
hpliHe the Governor tu examine aud advise IN re
4. Lit0n to the transaction OF business IN the Other
Il TX 'culive irpa ijnenis Oi the gOvgrnment. pow
y t which may he essential 10 the knowledge re
= qu red 10 enable the Executive, IN his ania n"s
Ii sHge at the commencement ct the sesslnhs OF The
r Grnernl Assembly or from time t. time 10 give
+ that body information Of the slnte OF the govern
1t mcnt mud thai a supervisory Influence may be eS'
If erled calculated To effect thu pnnctual and faith
e fu discharge uf ofiicia obligations
}. In the performance ul this imperative duty,
sha invite the most frank and friendly commune
y Catlnn with the subordinate executive depart
i. melits ltd shIll dunblcss. mo t frequently, be
/. uuier lie necessty Of asking advice in my own
!. department thau imuntug il in theirs; and sinlI
e slrive Ia maintain the mnst friendly und cOnhden
% thai rrlDons 50 essential tU tile public interest, II
the discharge Of duties counecied 10y "ihcIdI ~
). tcrCntIrSe.
4. There is Que subject Of general Legislation, in ad
duinn H. those before enumerated. however, Il
e which would uyitp ynur particular attention.
n do 81 wilh great respect IOr hcnpnins ol those
; with whom may d At. aud not " lthoui d''rbtS
u whether it shuud not be leti until the resnt 0l th'
III drlibernilnns oi lhr Convention Is Known, rs tm
Jndy. in my opinlln prssesSes Supreme power u
is vel il IN al things uUl inconsistent with lhe con
d. sliiulinn ni the United States.
u ] aIllle Ia the great banking system oi IN
~ State. system, by no rnedus, without lts er!l
IL aud imperleetlUu-, ns al mI'l cnncede
The ,lUrstipn is nni now however. whether tn
/. GeIer1 Assembly hls the constitutional power tt
m rrcai the Oh rlers ufprivHle mDnied corporations
T., nd ulnu their usual aad nrdmoy franchise. \
Ia The exert ,e ui llia power. Il ele Is dlversll'
= vi sentiment The rghl has been denied 10y th
. repeated decisions ul lie highest judirl Tribunal
j., 4 'he county Wilde ihc Iii mullyr hac been ah
4. and zraIo,sI, nIand,in,d. by policu! writers u
. eat merit, aud statesmen ul distinguished all,
ly
y, think it mNy be ,nley asserted, however, 'ln
S all special lrg>hiinu tI lhe benefit oi oicllntd. a
u, the expense at ltbul, that Is III tie chunc'e ol
-, mJuupnly aud COucls p"u tie iew eN' lnslve lrN
" lrses Whch ihe nmuN are prohibited 10 enlW
o. are utterly inconsistent viii HE nutUle aid SPIN
- IT uu' dcnrcul,ic Institutions.
y. Ghry sbouid he very srd"m. it ever 9 nnlcd
,i unl when uud To br injurious to the best ntrl
, eels ul the community. r!'ere ought, same where
w., To exist the uuqisliopeL authority Ia lrmrdy ever
il evil they llt,L
There are many modes in which | npprcheud
H., rIrre is no dnubt. hll wlmt mouied corporalIo
w. cal, ue rcu, he'd hy lrgsl l.'ve enactment. houg
h,' chutrr is silr,t nu HE subject II may be vi:
81 lt,d examined. aud lis course OF business contra"
A. cd 10 meet the convenience aud htiord Secu
IA rlty 10 The community. hy iuiormnllon aud expo
wv sn uI lis affairs,
y, But lhe important question To which | wouI
" uye your particular attention. III this time. is tI
Q admitted inequality the taxes paid by the bank
=, upon their property when compared with lhos
= paid by other individuals upon theirs, aud leave
" 10 your better wisdom 10 devise and apply tn
remedy. ifoue exists.
Property is the hass oItaxation, and the puhli
!, burihens Should be equally distributed i'll the ral
m ol lis possession.
,o The larmer with but scanty means; In" mechnn
~, c who tubors from day 10 day; he merchnnl %
~ manufacturers thnngh his business he ruiuuus, i
- baked from one 10 iieo per cent on the uI valu
Of every thing he has; but the capitalist puces hi
in httlk lfN stock