The Lancaster gazette. (Lancaster, Ohio) 1846-1852, 1852-01-15

Democratic. Very many Gi lis provisions were
called fur by the spirit ofthe age 1t was brought
into existence by no one party but by dH II "a
for no one. but for all. All have an equal interest
in it. as the supreme law of our State, in connec.
ton with tile Constitution of the Union treaties
and laws of Congress.
Such being the case, the people have the right
TO expect that this General Assembly, which has
been honored with their confidence, will ieel
deeply the responsibility with which its members
have been clothed. in their legislative capaclly;
that. without distinction as To party. they VIII
keep steadily in view the public interest and
uniting their cOunsels. that with harmony and y
commrndahle zeal The first General Assembly
under the New Constitution will carefully revise
the existing or frame new statutes 10 meet lis re-
quisilions aud with fidelity. endeavnr To provide
such Legislation as in their opiuitn viii be The
most likely 10 secure tle benefits The people have
anticipated they are To derive lromihelr new Or'
ganic LAW. For myself, trust TINT .very senn-
tor and Representative is fully r. MS ;ous OF the
Importance of his position md feels the nerrs'!
ty Of making this thorough, hnrmo nions hnsl
ness session of the Legislature one Ia which
reference may be made hereafter with pride and
satisfaction, that each member has hnnored him
sell and done essential service 10 the common
wealth.
The Governor is required by the Constitution
to recommend to the General Assembly at every
session such measures as he shall deem expedient
Under this Injunction, brevity AID clourness will
/ be his object 1t is deemed entirely unnecessary
tn even touch hut few of the subjects OF legisla
tiou which will demand your action at the present
session. to provide system fur the new organl
cation of the different departments of the State
government as complete as human frHiIty viii
permit aud To secure other objects of vital mPor.
lance 10 the Interests aud welfare OF the people OF
Ohio. Those subjects to which no particular re-
ference is nude in this communication, are he.
lieved To he sufficiently apparen, 10 commend
themselves To the good sense and better Judgment
of the legislative authority. Should other matters
hereafter occur 10 me, MS they doubtless VIII, win
that Prankness aud confidence which should ever
exist between co.ordiune Branches of the govern
ment. they will be made the subject Of special
Communications
OF all the iutes which The Executive is called
upon 10 discharge, there is no one more difficult
to be- rightIully performed, more delicate, or bet
ter calculated to create dissatisfaction however
honestly executed, than that which arises under
the ltth section Of the 3d article OF the cnnstu
ton "that the Governor shall have rover. ae
conviction, TO grant reprieves Communications ant
5 pardons," &c. There is reason 10 believe, tha
petitions far pardon have, sometimes been pre-
sented TO the Governor where many of the nanIo
Of the subscribers had been obtained by false rep
reservations, and perhaps, by thnse who had
pecunary interest in the result Of the application
0 thus made, which was. concealed They hav
doubtless been accompanied with assurances ia
vorabe to the success Of the applications, not al
3 ways consistent with truth and in some instar
ces have produced the desired result Had sue
applications been notorious. it is thought, relnOr
A utnu1l nr,lin.rily travantal iIunos
ton. as the Executive would have had both side
of the question before him when he came tn dc
termine whether pardon should he granted 9
0 not. This section couempates Legislation.
eDners this power upon the Governor, 'snhiect
such regulations AS TO the mnnner OF apnlymg ID
u parduus us may he prescribed by law"
- lthas occurred tp me. that it might be we'll
9 provide, that no application for pardon shDuI
hereafter be considered by the Governor, withol
0 satisfactory evidence that notice had been give
- to tue Prosecuting Attorney Of the county, whel
the conviction took place, ufthe intended apple
lou. and for reasonable time; or. perhaps II
publication in a newspaper, 0r advertisement
some public place my be deemed more appr
pirate. Cases of extreme eXigency however,
danger 10 life from delay in the exercise OF Il
pardonins power, should be permitted 10 form C
0 captions 10 the general rule
As the Executives who have preceded me, wi
perhaps one exception, rve never established AZ
specific regulations. feel myself unwarranted
doing so withnut the express authority oflaw,
though il woull prevent, rs it ia believed mu
9 annoyance, by the less frequency OF unmert
applications.
The 4th article Of the new Constitution pl
scr,bes the great outlines for the organization
tie judicial department of the government. | q
0 pruach it with diiIideuce 1t is the only she
anchor ofuur hopes for safety and Justice, in tim
of excitement and pcil. It's powers mud dut
1 should always lie commensurate with the
- iect- of lis Institution, that may project ill
cence, punish guilt aud afford redress for evt
substantial grievance There can, from the fI1
ties of human nature. be no such thug under Il
. institutions MS quiet. urderly,& & nw-nhidims CO
lnunitv unless reliance can be placed in The siro
arm Of n Judiciary, tn afford security; and sl
department must then possess the full cOnlidel
- rthe community for impOrliaily, conpeler
aud integrity. II worthy of remark howev
J 0 that siuce the organiz iun Of the State COVE
0 menr. embracing hn'fa century, no Judge in o
has been convicted Of bribery or corruption
. Office aud but very lew cases. it is believed h.
occurred in the United States since the cDmnen
5 0 ment of the revolution.
. A bill fixing the times for holding The Judi
lm. courts ought not to be long delayed. Reyt
the this, ample time should he taken In revise the
sily or mnture a new judicial system designed tn
the permanent aud such ms is reqlirc'ltn drlin" N
,uys fully the pnwers md duties the several CoIu'
=. record IN term time. or OF the iidgr,, al Il
a chambers.
8 4 Tinste in this bill may he prrindcinl 10
Is public mAere,t; sufficient delay tn fully mn
the system will be oG hnt liu" incunvcuic
70 0 lnr the Constitution uls declared the nd law
remain in force except when IN conflict vii
}6 8 until repealed by the Gencr Assembly,
" old law, with but few exceptions, is ihereI
l5 now in force, can and must be applied for the
80 reciion of the new organizunns, unless u
- system shall he substituted before the III
which shall be uSsigmed for holding the
courts, shall arrive.
As To the Jurisdictions Of the Supreme c.
10 District Courts and Courts Of Common Plej
. am not aware, that any substantial change
prn notifications from The jurisdictions OF tue se'
al is courts 10 which they are, by the Consdl'
made the SUCCESSORS are either contemplate
Fairs would he desirable.
civil The Sur RENE Court will hold its sessions
'hich at Columbus. or, At most in but few places
many mote from many cnunti in the State, an
hunic give il general jurisdiction for the trial ofc
II the would be onerous and expensive to parties
u the CANT residing at distance.
man. 1t was doubtless the intention, that Justice
mer be carried home to every mans door or, in
lduc words that the business of the courts OF i
chan should be done in the counties whers the p
have reside, and that the Supreme Court should
it is court OF derner resort where questions res
slope by the the District courts, rils OF error ap
esulls in chancery, should be finally determined.
For the commission of-inferior offences. n,
round economy nor the principles of Justice require
1 the to be prosecuted III either Of the Superior {
prove. Of record Probate Judges with jury, if d,
Sclted may be safely clothed with criminal jurisd