Fremont weekly freeman. [volume] (Fremont, Sandusky County, Ohio) 1850-1853, 1850-12-21
NUMBER Al. ..5'.

Indt parry LndL Drought Lhetn INTO practical
operation, and sometimes effectually overthrow
it. The masses of the people being honest,
there is, and there should be, noparty oblga-
ton not readily yielded to the higher and
more paramount duty every one owes to bis
country.
But Notwithstanding party exists. and three
distinct organizations are found in our State,
and in each branch of the General Assembly,
it is not perceived that any Difficulty need oc-
cur in the early dispatch of the public business,
and which economy and duty both require as
the best service to our constituents, if there IS
an honest determination to pursue an elevated
and an honorable course towards each other;
to investigate with candor-to cultivate a
spirit of Cancellation and charity towards those
who differ with us in sentiment; yielding
proper respect to the opinions and motives Of
all, but above every other consideration, keep
ing the character and dignity of the State di-
rectly in view, and with firm determination
that neither its interests nor its character shall
be impaired by any unWise or selfish adher-
ence to the disipline of party organization
Permit me, on this occasion, to suggest 10
you the propriety, at this time, of dispensing
with general and multifarious subjects Of leg
islation of a permanent character
The ordinary appropriations which are nec-
essary to continue. the operations of the gov
ernment another year, with such measures az
may be deemed important to keep inyiolate
the public faith. and to protect and to pre-
serve the public credit, with such action as is
required to prescribe the times of holding the
judicial courts, are believed to be the mostim-
portant of temporary measures, .s5...
would particularly recommend that your
early attention should be directed to the Court
Bill. Great inconyeniencies have arisen, ex-
penses have accrued, and greyiour delays of
justice resulted to suitors, from the late peri
cd of the passage of the act, aud the want Of
information of its provisions, in the distant
counties of the State, in time to prepare for
the disposal of the public business in pursu.
ance of its acquisitions.
The reason for the suggestion, that most
objects of permanent general legislation should
at this session, be dispensed with, is the fact,
that the Constitutional Convention is now sit
ting in neighboring city and from the ac-
knowledged wisdom and experience to be
found in that body, it is believed, in the course
of few months, a new Constitution, worthy
of their acceptance, will be submitted to The
people for adoption, receive their appreciation
and become the organic law of the State If
SO, an entire revision of the most of our pub
lie statutes may be necessary, another year,
with many new enactments to carry out the
requirements of the new Constitution.
1t is believed, no substantial evils can re-
suit from pursuing the course suggested,
while much useless labor may be saved; the
treasury relieved from heavy additional bur
thens. and the representatives Of the people
enabled, at an carly day, to return to their
constituents and their homes.
The fifth section of the same article Of the
constitution confers on the Executive the au-
thority 'to grant reprieves and pardons after
conviction, except in cases of impeachment" "
This power SO necessary to be vested some
where, in every complete system Of govern
ment, it must be admitted, is extremely liable
to abuse. This may arise by Withholding the
exercise of this power, as well as by its too
frequent application. No definite rules of
action can be established, by which to guide
the discretion of the Executive, if tenaciously
adhered to, without the certainly of occasion
al public injury, or private injustice Every
application for pardon, or reprieve, must rest
in the exercise of sound discretion, and de-
pend upon its own merits, and its own indi-
yidual circumstances.
The certainty, rather than the severity, of
punishment, is conceded as the better course
to secure the observance of those rules which
every government must adopt for the security
of itself and its citizens against the laWless VI
olence of the licentious and profigate. The
penal code of this State infiicts no cruel nor
unusual punishments. It is, in the main, as
mild in its penalties for guilt as the law of any
civilized country, and our modes of trial are
as we'll calculated to secure and protect inno-
cence, as could well be devised, With any re-
gard to public justice.
1t always appeared to me- therefore, before
the law should be interrupted ia its course
the Governor should be well satisfied of the
illegality or injustice of the sentence which it
had pronounced; that the example which had
been set, and the reformation of the offender,
had fully satisfied the claims of public justice;
or that extraordinary circumstances had arisen
subsequent to the conviction, which rendered
it inhuman and unchristian that punishment
should be longer continued.
am of the opinion, that the pardoning
power was designed to reach very few. if any
other cases, than those enumerated; that ie
should be but sparingly used, and that the
Executive should not forget while he sees and
hears of the sorrows of others, that the safety
and security of society depend, very essential
Iy, on rigid, impartial and energetic admin
stration of penal laws. l. szs5 a.
The 7th section of the same article enacts,
that the Governor Hmay require informationin
writinu, from the officers in the executive de-
partment, upon any subject relating to the
duties of their respective Offices. and shall
take care that the laws be faithfully executed.
This provision was designed, Lconelude,sto
authorize the Governor to examine and advise
n relation to the transaction of business, in
he other executive departments of the gov
power which may be essential to
the knowledge required to enable the Execu-
live, in his annual message, at the commence
ment of the sessions of the General Assembly
Or from time to time, to give that body infer-
nation of the state of the government, and
that supervisory influence may be exerted,
to effect the punctual and faithful
discharge of official obligations
In the performance of this imperative duty
shall invite the most frank and friendly COM