Portage sentinel. [volume] (Ravenna, Ohio) 1845-1854, 1854-01-11
WHOLE 8 NO. AS.

| lStrauOn OF justice. .-
The new Code went into operation on the Sec !.
ond day of July last, and sufficient time has not
yet elapsdd to test the wisdom and practicability
of all its provisions That mos 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. -. s---
In view of the Importance of this subject, and
of the untried condition of this law, consider it
proper to recommend great caution in any further
immediate Legislation upon it. 1t seems to me- Q
will be wiser to wait for the notifications sugges-
ted by experience, than hastily TO adopt those of
mere theory 7.
1t will be observed that the requirement of the
Constitution referred to, applies 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 off Of the Commissioners here
tofore appointed ended by Limitation on the first
Monday of March last. You will, therefore, con-
slider 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
Institution. ..-.--.. -
The laws have been executed with mildness
and humanity, and all proper efforts made to re-
form the unfortunate convicts who are confined
within its walls. .t
Many of those whose offences resulted from in
temperance, unrestrained passion, evil associa-
IlOuS, IL is DeIleVeQ, Will the
error of their past course and on leaving the In
stituton, become useful members of society.
The exercise of the pardoning power is one Of
the most delicate and perplexng duties imposed
on the executive. Applications for pardons, dur
ing the past year, have been almost as numerous
as the convictions, and there are few who are
friendless or abandoned that they cannot excite
some interest, and procure, if necessary, very
respe ectable list of names to their petitions.
Formerly the power was unaccompanied by any
restraint or qualification whatever; and, it is not
improbable, was sometimes improperly exercised
The appeals of innocent and afflicted families are
net easily resisted. '
Under the new constitution, the Governor is
required to communicate to the General Assem-
bly, ''Every case of reprieve, commutaton or par
don granted, stating the name and crime of the
convict, the sentence, its date, and the date of the
Communication, pardon or reprieve, with his reasons
therefor
The provision must necessarily operate as a
very severe restrictions upon the exercise of the
power referred to. The appeal must hereafter be
made to the judgement rather than to the sympa-
thies of our nature. Reasons once assigned will
be regarded as precedents in favor of other appl-
cations, and the penalties of the law would thus
gradually be divested of all moral and practical
force. .A g..f.s-1 3Gf
Certainty rather than severity of punishment
is believed to afford the best security against ihe
commission of crime. Our laws are administered
u
traverse, have each to ascertain the guilt of the
accused, while the Judge who has heard the testi-
mony and arguments on both sides, is generally
required to concur. --t. rr e
Still, all human tribunals are liberal to err, and
it is not impossible that, by the unversality of
law and the strict application of general rules the
innocent may sometimes be improperly involved.
1t was in view of these circumstances that the
pardoning power was conferred up the Governor,
and have not hesitated to interfere in every
case; where, by the disclosure of facts unknown
at the time Of the trial, reasonable doubt has
been created in relation to the justice OF the sem
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 Execu-
utive at the end of one or two years. would
suggest modification of the laws in this particu-
lar so as to authorize the judges to sentence for
shorter period.
Permit me in connection with this subject to
call your attention to the very large number juve-
niles now confined in this institution. Consider
atoms of sound policy, as well as OF humanity,
create strong doubts i'll my mind of the propriety
of the present system of Furnishing this class of
delinquents. Offences committed by boys are
USUALLY the result of idleness, improper assocla-
tions and the absence of proper parental care.zi
They are very different in degree and moral
turpitude from those of the deliberate and confirm
ed criminal.
Punishment, besides securing the peace and
safety of society," is designed to repress crime and
reform the offender. The last of these subjects
is particularly applicable to the inexperienced and
unfortunate youth; while many of the old are en-
tirely beyond the reach of hope there is scarcely,
a youth that may not be reclaimed.
To bring about this result, however, classif-
cation of offences founded upon the age OF these
by whom they are committed should be recognize
ed by law; and an institution organized with ia
cilities for teaching the juvenile offender the va
rous pursuits and duties of life, together with the
elementary branches of common educaton.-'
Institutions of this character have been establish
ed in several of our sister States, and IN every
instance have produced the most salutary results
The reports of the trustees and of the Super
intendents, furnish full information of the con-
dition and wants of the benevolent Institutions.
The repairs and Improvements at the Lunatlc q
Asvlum, which were authorized by appropria-
tions at the last session of the General Assem-
bly,, are nearly completed, and promise to add
greatly to the comfort of the patients, ana IN
the end to diminish the expenses of the lnstltu-
ton. - 1896. - e..
The great increase of pupils in the Institution
for the Deaf and Dumb, requires that additional .
room should be provided for them. 90 sjs- 81
personal examination of that institution has :.
satisfied me that the time has arrived for the erec-
ton of new building, with adequate room and
suitable accommodations. -
The site of new edfice has been subject OF
frequent discussion. 1t has been suggested py /.
many that the Institution should be removed into
the country ,and the present buildings and grounds
which are now almost in the heart OF the city,
eventually sold.
TO this proposition the present and late Super 4,
intendents have been strongly opposed. Their
exberience in the education of the deaf and dumb
pives great weight to their opinions, especially