The Cadiz Democratic sentinel. [volume] (Cadiz, Ohio) 1854-1864, 1854-01-11

sne On the 18th Of January. 1855, made
heir report to the .GJperal AssFmbIy, then
IN session. They reported a Code Of Civil
Procedure, which has gone into operation
rs a statute of the State.
The changes made by this Code are rad
ical and thorough. and Seem to fully
meet the requirements of the COnstitu-
tion. a
The actions at law heretofore in use age
aholished, and Justice is to be administered
by a mode of proceeding without reference
TO any distinction between law and equity.
Techniealities aud fclions in pleading are
no longer required. The parties in stating
their claim and defence, must tell the truth,
and ordinary and concise language.
To discourage unjust claims apd false de-
fences, 10 dispense with unnecessary proof
and to prevent a recurrence to formalIty
and fiction, every pleading of fact must pc
verified,
To get Mt the whole truth in every case,
the psGties to the action, and all other per-
sons, with few exceptions, are allowed to
testify.
1uCoO pub on ShN w s''N 49,
system of practice, aud aim to substitute
for it what the people have long demanded,
a simple, ineligible and economical mode
of procedure for the administration of JUS
tice.
The New Code went into operation on the
second day OF July last, and sufficient time
has not yet elapsed, to test the wisdom and
practicability of all its provisions. Thai
most, if not all Of them, are real and i'm
porstnt reforms | have no doubt. 1t is
to be expected, that in the beginning, they
will give rise to some embarrassment, bu
it may be chiefly the embarrassment o
change.
In view Of the importance Of this snbJect
and of the untried condition of this law,
consider it proper to recomm9nd great eau
ito min any further immediate Legislation up
on it. 1t seems to me, 1t will be wiser t
wait for the notifications suggested by eT
petience, than hastily to adopt those OF mer
theory.
1t will be observed that the Requirement
of the Constitution referred to, apdlies a.
well to the Criminal as to the Civil Code
The Code reported and enacted relates onl
to civil procedure; and the term of office {
the Commissioners heretofore appointed, en-
ded by limitation on the first Monday
March last. You will, therefore, conslde
the propriety of creating further commits
sion to prepare Criminal Code.
The reports of the Directors and WaSde
of the Penitentiary, will place befole yon
very Sull account of the management an
condition of that Institution.
The laws have been executed wath mild
ness and humanity, and al! proper effort
made to reform the unfortunate convicLs VIII
are confined within its walls.
MANY of those whose offences resulte
from intemperance, unrestrained passion q
evil associates, it is confidently believed, WI
abandon the error of their past course, ant
on leaving the the Inttituton, BECOME use
ful members Of society.
The exercise of the pardonin3 power /
one of the most delicate and perplexlng du
ties imp1 ed ON the executive. Application
for pardons, during the past gear, and hay
been almost as numerous as ths convictions
and there are very few who ane SO friend
less or abandoned that they cana2t excit
some nteresa, and procure if neSRs@ry,
very respectable list of names to s4leyf Pc
| titions.
Formerly, the power was unaccompapiet
by any restraint or qualification whatever
and, it is not imdrobable, was some' ao$
improperly exercised. The appeals of in
nocent and afflicted families are not easll
Hesisted.
UndeS the new Constitution, the Gov
ernor is required to communicate to tn
General Assembly ''eyery case OF rcprlrvt
commStation or pardon granted, Stain
the nanae and caime Of the convict, the ser
tence, its date and the date of the commu
tation, pardon, OF reprleve, with his reason
therefor"
This provisiou mast necessarily operat
as very severe restriction upon the rXel
else of the power referred to- The appe'
must hereafter be made to- the judgmcn
rather than to the sympathies OF our nature
Reasons once assigned will be regarded a
precedents in favor OF other applications
and the penalties of the law would thu
gradually be dvested of all naoral and pra'
tcal force.
Certainly, rather than severity of punisl
ment, is believed 20 afford the best securlt
against the commission of cgane. "
laws as administered with great humanlt.
Two iuries-grand and traverse--have eac
to- ascertain the guilt of the acvalsed, whl
the Judge, who has heard the tesimon
and arguments on both sides, is general
required to concur.
Sti |, ell human tribunals are liable
err, and it is not impossible that. by tn
universality Of the law and the strict appI
cation of general rules, the innocent ma
sometimes be improperly involved. 1t wa
in view of these circumstances that the par
donng power was conferred upon the Coy
ernor and | have not hesitateG to in:erfer
in every case where, by she disclosure {
4 facts, known at the time OF the trial, rel
sonabie doubt has been created in reEtio
to the justice of the sentence.
The Courts are restrained in many cases
from fixing the term of confinement In til
Penitentiary under three years, and is NJ
unfrequently made the ground of an applies
ton to the Executive at the end OF one
two years. would sugges: mrdihcatIo
of the laws in this particular, so as to al
thorize the Judges to sentence for a short'
period.
Pcrmit me iD co1necti9n with this SUI
iect to call your attention to very iarg
number of juveniles now confined in tn
institution. Considerations Of sound policy
as well as of humanity, create strong doub