Gallipolis journal. [volume] (Gallipolis, Ohio) 1837-1919, 1854-01-19
GOVERNORS MESSAGE.
[CoEoLupED.l


made their report to the General Assem-
bly,, then in session. They reported a
Code of Civil Procedure which has
gone into operation as a statute Of the
State.
The changes made by this Code arc
radical and thorough, and seem to fully
meet the requirements of the Constitu-
ton.
The actions at law heretofore in use
are abolished, and justice is to be ad-
ministered by mode of proceeding
without reference to any distinction be-
tween law and equity. Technicalities
and fctions in pleading are no longer
required. The parties. in stating their
claim and defence, must tell the truth,
and in ordinary and concise language.
To discourage unjust claims and false
defences, to dispense with unnecessary
proof, and to prevent recurrence to
formality and fiction, every pleading of
fact must be verified.
To get at the whole truth in every
case, the parties to the action, and all
other persons, with few exceptions, are
allowed to testify.
These changes put an end to the old
system of practice, and aim to substi-
tute for it, what the people have long
demanded, simple, Ineligible and
economical mode of procedure, for the
administration of justice.
The new Code went into operation on
the second day of July last, and suf
6cient time has not yet elapsed, to test
the wisdom and practicability of all its
provisions. That most, if not all of
them, are real and important reforms, |
have no doubt. 1t is to be expected,
that in the beginning, they will give rise
to some embarrassment, but it may be
chiefly the embarrassment of change.
In view of the Importance of this
subject. and of the untried condition of
this law, consider it proper to recon-
mend great caution in any further i'm
mediate legislation upon it. 1t seems to
me, it will be wiser to wait for the modi-
fications suggested by experience, than
hastily to adopt those of mere theory.
1t will be observed that the require
ment of the Constitution referred to,
applies as well to the Criminal as to the
Civil Code. The Code reported and
enacted relates only to civil procedure;
and the term of Office of the Commits
sioners heretofore appointed, ended by
limitation on the first Monday of March
last. You will, therefore. consider the
propriety of creating further commits
sion to prepare Criminal Code.
The Reports of the Directors and
Warden of the Penitentiary, will place
before you a very full account of the
management and condition of that In
stitution.
The laws have been executed with
mildness and humanity, and all proper
efforts made to reform the unfortunate
convicts who are confined within its
walls.
Many of those whose offences resulted
from intemperance. unrestrained passion
or evil associations, i: is confidently
believed, will abandon the error of their
past course, and on leaving the Institu-
ton, become useful members of society.
The exercise of the pardoning power,
is one of the most delicate and perplex-
ing duties imposed on the Executive
Applications for pardons, during the
past year, have been almost as numer-
Gus as the convictions, and there are
very few who are SO friendless or
abandoned, that they cannot excite some
interest, and procure, if necessary, a
very respectable list of names to their
petitions.
Formerly, the power was unaccompa-
MED by any restraint or qualification
whatever; and, it is not improbable,
was sometimes improperly exercised.
The appeals Of innocent and afflicted
families are not easily resisted.
Under the new Constitution, the
Governor is required to communicate to
the General Assembly "every case of re-
prieve, Communication or pardon granted,
stating the name and crime of the con-
viet, the sentence, its date, and the date
of the commutstion, pardon, or re-
prieve, with his reasons therefor"
This provision must necessarily
operate as avery severe restriction upon
the exercise Of the power referred to.
The appeal must hereafter be made to
the judgment, rather than the sympa-
thies of our nature. Reasons once as
signed, will be regarded as precedents
in favor of other applications, and the
penalties OF the law would thus gradual
ly be diyested of all moral and practical
force.
Certainty, rather than severity of pun
ishment, is believed to afford the best Sc
curity against the commission of crime.
Our laws are administered with great
humanity. Two juries-Grand and
traverse-haye each to ascertain the
guilt Of the accused, while the judge,
who has heard the testimony and argu-
ments on both sides, is generally re-
quired to concur.
Still, all human tribunals are liable
to err. and it is not impossible that. BY
the uniyersality of the law and the
strict application of general rules. the
innocent may some times be improperly
involved. 1t was in view of these cir
eumstances that the pardoning power
was conferred upon the Governor, and /
have not hesitated to interfere in every