The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1854-01-18

great caution in any further immediate
legislation upon it. 1t seems to me, i,
will be wiser to wait for the notifications
suggested by experience, than hastily to
adopt those Of mere theory.
1t 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 reported and enacted relates
only to civil procedure; and the term ol
office of the Commissioners heretofore ap.
pointed, ended by Limitation on the first
Monday of March last. You will, there
tore, consider the propriety of creating a
further commission to prepare Criminal
Code.
The Reports of the Directors and War
den OF the Penitentiary, will place before
you very full account Of the manage
ment and condition Of that Institution.
The laws have been executed with mild.
ness and humanity, and all proper efforts
made to reform the unfortun ate convicts
who are confined within its walls.
Many of those whose offences resulted
from intemPerance, unrestrained passion
or evil associations, it is confidently be-
lieved, will abandon the error Of their past
course, and on leaving the Institution, be-
come useful mombers Of society.
The exercise of the pardoning power,
is one of the most delicate and perplexing
duties imposed on the Executive. Appli-
cations for pardons, during the past year,
have been almost as numerous as the con-
victions. and there are very few who are
so friendless or abandoned, that they can
not excite some interest, and procure, il
necessary, very respectable list of ames
to their petitions.
Formerly. the power was unaccompa-
MED by any restraint or qualification what
ever; and, it is not improbable, was some
times improperly exercised. The appeals
Of innocent and afflicted families are not
easily resisted.
Under the new Constitution, the Gov
ernor is required to communicate to the
General Assembly "every case Of reprieve,
eommutation or pardon granted, stating
the name and crime of the convict, the
sentence, its date, and the date of the com.
mutation, pardon, or reprieve, with his
reasons therefor
| This provision must necessarily operate
as very severe restriction upon the ex'
ercise Of the power referred 10. The ap.
peal must hereafter be made to the iud2-
ment, rather than 10 the sympathies Of ou,
nature. Reasons once assigned, will be
regarded as precedents in favor of other
applications. and the penalties Of the law
would thus gradually be diyested OF al
moral and practical force.
Certainty, rather than severity Of pun.
|isiment, is believed to afford the best Sc
curity against the commission of crime
Our laws are administered with great hu
manity. Two juries-G Grand and traverse
have each to ascertain the guilt Of the
accused, while the Judge, who has heard
the testimony and arguments on both sides
is generally required to concur.
Still. all human tribunals are liable tc
err, and it is not impossible that, by the
universally of the law and the strict ap
plication OF general rules, the innocen
may sometimes be improperly involved
1t was in view Of these circumstances thai
the pardoning power was conferred upon
the Governor, and have not hesitated tc
interfere in every case, where, by the dis
closure OF facts, unknown at the time o.
the trial, a reasonable doubt has been Gre
ated in relation to the justice Of the sen.
tence.
The Courts are restrained in many cases
from fixing the term of confinement in the
Penitentiary, under three years; and this
is not unfrequently made the ground Of an
application to the Executive, at the end o
one or two years. would sugges, mod.
iication of the laws in this particular, SC
as TO authorize the judges to sentence fol
a shorter period.
Permit me in connection with this sub.
ect, TO call your attention TO the very large
number of Juveniles now confined in this
institution. Considerations of sound poll
cy, as well as of humanity, create strong
doubts in my mind as to the propriety Of
the present system Of Furnishing this class
of delinquents. Offences committed by
boys are usually the result of idleness
improper associations, and the absence o
proper parental care.
They are very different in degree and
moral turpitude, from those of the delib.
crate and confirmed criminal
Punishment, besides securing the peace
and safety of society, is designed to re-
press crime and reform the offender. The
last of these subjects is particularly appli
cable to the inexperienced and unfortu
nate youth; while many Of the old are en-
tirely beyond the reach of hope, there is
scarcely youth that may not be reclaimed
| To bring about this result, however, q
classification Of offenders founded upor
the age of those by whom they are com
milted, should be recognized by law; and
an institution organized with facilities TO
teaching the juvenile offender, the various
; pursuits and duties of life, together will
the elementary branches Of common
education. Institutions Of this characte
have been established in several OF ou
sister States, and in every instance hav'
produced the most salutary results.
The Reports Of the Trustees and of tn,
several Superintendents, furnish full infor
nation of the condition and wants of tn
} Benevolent Institutions.
The repairs and improvements at tn
Lunatic Asylum which were authorized b,
appropriations, at the last Session of tn
General Assembly, are nearly completed
and promise to add greatly to the comfol
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