The Ohio star. [volume] (Ravenna, Ohio) 1830-1854, 1854-01-11

,.,iop must be carried out. In fiis Discrimination
s,,s people and every branch ofthe State 6overu-
rosnt are united, and will sustain each other by
che most cheerful cooperation. The Banks should
,ook beyond the legal issue. No one should de-
,;ra to live among an industrious and heavily tax
ed people, without beariog fair and equal pro-
,ortiou ofthe necessary burdens of the State.
rfbs Nsw Constitution made three important |
changes in the Judicial department, referring to
vhe mauuer Of eiectiDg the Judges, the orga MIA
ro.s Of the Courts and the mode of proceeding in
the administration Of justice.
The fourteenth article requires that the Gener-
nj Assembly shall provide for the appointment OF
sg,ree Commissioners to revise, reform. simplify
and abridae the practice. plssdings, forms and pro
csenes Of the Courts of Record of this State, and
n Gar az practicable and expedient provide for the
ambition OF the distinct forms of actions at law,
then in use, and for the administration OF justice
by uniform mode of proceeding. without refer
encs to any dsriction between law and equity.
Thess Commissioners were appointed, and on
si1e 18th of January, 1858. made their report to
the General Assembly then in session. They re-
sportad Code of Civil Procedure which has gone
into operation as a statute Of the State.
!. The changes made by this Code are radical and
thorough, and seem fully to meet the requirements
efthe ConsttdtioD.
q The actions at law heretofore 10 use are abol-
fshed, and justice is to be administered by mode
ofproceediug without reereuce to any distinction
between law and equity. Technicalfiies and hc-
,sons in pEsddiug are no longer required. The
Spartiss 10 stating their claim and defence. must
tell the truth, and in ordinary and concise LAM
ghags.
To discourage unjust claims and false defences to
dispense with unnecessary proof, and to prevent
s-recurreuce to formalsy and fiction, every plead
ing of fact mast be verified.
Te 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 ctauges put an end to the o d system Of
practice. and aim to substitute for it, what the
people have long demanded, a simple. intelligble
and economical mode of procedure. for the admin
issration of justice.
The new Code went into operation on the sec
ond day Of July last and sufficient time has not
yet elapsed, to test the wisdom and practioabity
of its provisions. Thas most if not all OF them, are
real and important reforms, have no Doubt 1t 10
tIbe expscseds that in the beginning they will
svs rise 70 some em5arrassuents, but it may chief
~ beithe embarrassment Of change. :
In view of the importance Of this subject, and
os the untried condition of this law. consider it
proper to recommend great caution in any further
immediate legislation upon it. 1t seems to me.
II will be wiser to wait for The notifications
suggested by experience, than hastily to udopi
those of mere theory.
It will be observed that the requirement of the
Constitution referred to, applies as we'll to the
Criminal as to the Civil Code. The Code report
ed and enacted relates only to civil procedure; and
the term of office Of the Commissioners hereto
= .S,re appointed, ended by limitation the first
Monday Of March last. You will therefore con-
.sider the propriety Of creating further comms-
sion to prepare Criminal Code.
+, The Reports OF the Directors and Warden Of
the Penitentiary, will place before yon very full
account of the management and condition of that
institution.
The laws have been executed with mildness
and humanity, and all proper efforts made to re-
form the unfortunate conyicts who are confined
within it's walls.
Mapy of those whose offences resulted from in
$ temperance, unrestrained passion evil assoca-
lions, il is confidently believed, will abandon the
error Of their course andoo leaving the Institution.
become useful members of society.
: The exercise of the pardoning power, il ono oil
the most delicate and Pcrplexng dutes imposed on
the Executive. Applications for pardons. during
the past year, hase been almost as numerous as
the convictions. andthere are very few who are SC
friendless or abandoned. that they cannot excite
some interest. and procure. If necessary. very
respectable list of names to their petitions.
Formerly the pewer was unaccompanied By
any rsstraint qualification whatever; and, it il
NOT improbable, was sometimes improperly exer
,cised. The appeals of Innocent aud afflicted fami
lies are not easily resisted.
Under the new Constitution, the Governor is re
:, quired to communicate 10 the General Assemb
s.every case ofrepriexe, commutation or pardon
granted, stating the name and crime of the convict
the senteDce its date, aud the date of the comnu
tatos. pardon, or rsprieve, with his reasons there
for.,'l -
-: This provision must necessarily operuts as
- v9sy sewers restrisction uponthe exercise of tn,
power referred to-. The appeal must hereafter bs
made to the judgement, rather than to the sympa
sHios OF QUE baSufo, IsoaeonS ooSo oSo'suoo' F"ai
be regarded as precedents in favor of other appli
cations. and the penalties Of the law would thu
gradually be Invested of all moral and practica
sorce.A
Certainty. rather than seuerity Of punishment
is believed to afford the best security against tn
commissioned crime. Our laws are administers
with great humanity. Two jaries-Grand an
traverse-haye each to accertain the guilt Of III
accused, while the judge, who has heard the test,
rnony and arguments on both sides, is gsnerall
required to concur.
Still, all human tribunals are liable to err, and
Is not impossible that. BY the universality of tn
law and the strict applcationsof general rules, th
innocent may some times be improperly involved
It was in view of these circumstances that the par
doning power was conferred upon the Governor