The Portsmouth inquirer. [volume] (Portsmouth, O. [Ohio]) 1849-1855, 1850-12-23

they will not, disappoint the public expec-
tation, but satisfy it by an honest, honora-
BILE and industrious discharge Of every
Legislative, moral, or civil duty.
In republican, or representative forms
of government, freedom Of opinion is toll
Grated. Free investigation and free dis
cussion are essentially necessary to form
correct conclusions of the propriety or I'M
proprioty of important measures. Entire
unanimityis but seldom attained; and per-
haps it is not best that it should be. AS
individuals will raveldiferent roads, start
ing from the same place, to reach the same
point, they will pursue different modes to
effect the same result, in most human at
fairs. .s.
If parties are thus formed, scrutiny fol-
lows; and the adoption Of those measures
which will not stand the test of experience
and investigation, are usually prevented.
l1f not, they react upon and diminish the
strength Of that party that brought them
into practical operation, and sometimes
efectually overthrow it. The masses of
the people being honest, there is, and
there should be, no party obligation not
readily yielded to the higher and more
paramount duty every one owes to his
country. :,
But Notwithstanding party exists, and
three distinct organizations are found in
our State, and in each branch of the Cen
eral Assembly, it is not perceived that Il any
difficulty need occur in the early aispatch
of the public business, and which ecoho-
my and duty both require as the best ser-
vice to our constituents, if there is an hon
est determination to pursue an elevated
and an honorable course towards each
other; to investigate with candor-to cul-
tivate spirit of Cancellation and charity
towards those who differ with us in senti-
ment; yielding proper respect to the opin-
ions and motives Of all; but above every
other consideration, keeping the character
and dignity of the State directly in view,
and with firm determination that Meth
er its interests nor its character shall be
impaired by any unwise or selfish adher-
ence to the discipline Of party organiza-
ton.
Permit me, on this occasion, to sug-
gest to you the propriety, at this time, of
dispensing with general and multifarious
subjects Of Legislation of a permanentchar-
acter.
The ordinary appropriations which are
necessary to continue the operations OF the
government another year, with such mea-
sures as may be deemed important to keep
inviolate the public faith, and to protect
and preserve the public credit, with such
action as is required to prescribe the times
of holding the judicial courts, are believed
to be the most important of temporary
measures.
l would particularly recommend that
your early attention should be directed to
the Court Bill Great inconvenience have
arisen, expenses accrued, and grievous de-
lays of Justice resulted to suitors, from the
late period of the passage of the act, and
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 pursuance of its acquisitions.
The reason for the suggestion, thatmost
objects of permanent general legislation
should, at this session, be dispensed with,
is the fact, that the Constitutional Conven-
) ton is now sitting in neighboring city,
and from the acknowledged wisdom and
experience to be found in that body, it is
believed, in the course Of few months, 6
new Constitution, worthy of their accep'
: tance, will be submitted to the people fol
adoption, receive their appreciation, anC
become the organic law of the State. 1
; so, an entire revision of the most of oul
public statutes may be necessary, another
year, with many new enactments, to carry
1.-THE requirements Of the new Constitu
: ton.
It is believed, no substantial evil can resul
: from pursuing the couIse suggested, Will,
much useless labor may be saved; the .treasu
e ry relieved from heavy additional burthens
4 and the Representatives of the people enabled
at an carly day, to return to their constituent
. and their homes.
n The 5th section Of the same article of tn
+ Constitution confers on the Executive the au
: thorty ''to grant reprieves and pardons, afte
conviction, except in cases of impeachment"
This power so necessary to be vested some
}, where, in every complete system of govern
n ment, it must be admitted, is extremely habl
> to abuse. This may arise by withholding tn
exercise Of this power, as well as by its too frt
u quent application. No definite rules Of actio
e can be established, by which to guide the dir
cretion of the Executive, if ftenaciously adhere
70 to, without the certainty Of occasional publ
injury, or private injustice. Every applies
/ ton for pardon, or reprieve, must rest in tf
lr exercise Of sound discretion, and depend upo
a its own merits, and it's own individual circun
stances. "a I1.aa .HlI -ia
:, The certainty, rather than the severity
" punishment, is conceded, as better course
., secure the observance of those rules, whlt
IS every government must adopt for the securri
v. Of itself and its citizens, against the lawle
- violence Of the licentious and profigate. II
," penal code Of this State inicts no cruel nor u
u usual punishments. 1t is, in the main,
SC mild in its penalties for guilt as the law Of al
n civilized country, and our modes Of trial are
: well calculated to secure and protect innocenS
% as could well be devised, with any regard
e public justice.
81 II always appeared to me, therefore, befo
;; the law should be interrupted in its course, .
: Governor should be well satisfied Of the illegi
l. ity, or Injustice Of the sentence, which 1t HI
ol- pronounced; that the example which had be
u set and the reformation ofthe offender had +
- ~, sot;e6ad tha claims Of publc ustice or Oh