Fremont journal. [volume] (Fremont, Sandusky County [Ohio]) 1853-1866, 1854-01-14

"iHm d'cI( w" Jcdtts Btcally feouCtlr iuS
amount required to meet the interest on the
public debt is annually diminishing and ilis
temporary causes thpt now tend 20 keep up
the taxes. will soon disappear. Tho Banks
can therefore gain but little by perseverance,
in their present course, while injury and Goal
ruin may be .be consequence.
The duty Of the General Assembly is plain
and unquestionable The requirements Of
the Constitution must be carried out In this
determination the people, and every branch Of
the State Government, are united and will
sustain each other by tho most cheerful
co operation. The Banks should look be-
yond the legal issue. No one should desire
to live among an industrious and heavily tax
ed people, without bearing fair and equal
prol ortion Of the necessary burdens Of the
State.
The New Constitution made three impor.
tant chang in the Judicial department. refer
ring TO the manner of electng Judges. the
organization Of the Courts, and the mode Of
proceeding in the administration Of justice.
The fourteenth article requires that the
General Assembly shall provide for the ap-
pointment Of three Commissioners to revise.
reform. simplify and abridge the practice.
pleadings, forms and proceedings Of the Court
Of Record Of this State. and as far as practic-
able and expedient, TO provide for the aboli-
| ton Of the distinct forms Of actions at Law.
then 10 use, and for the administration Of
justice by uniform mode Of proceeding.
without reference TO any distinction between
law aud equity.
These Commissioners were appointed, and
on the 18th of January, 1853, made their re-
por; to the General Assembly, then in session.
They reported q 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 TO fully mees the re.
qurements. of the Constitution.
The actions at law heretofore in use are
abolished, and justice ia to be administered by
mode of proceeding without reference to
any distinction between law and equity
Technicalties and 6ctions 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 de-
fences, to dispense with unnecessary proof
and to prevent recurrence to formaty and
fiction, every pleading Of fact must be verb
fed.
To ge, at the whole truth in every case,
the parties to the action, and all other per.
sons, with few exceptions, are allowed to test
Iify.
These changes put an end TO the old system
of practice, and aim TO substitute for it what
the people have long demanded, simple, in
telgible and economical mode of procedure
for the administration of Justice.
| Tho (No1a into r.
second day of July last, and sufficient time
has not yet elapsed, to test the wisdom and
,, practicability of all ts provisions. That most.
it not all Of them, are real and important re-
FORMS 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 untred condition of this law, /
consider it proper to recommend great eau
ton in any further immediate legislation up.
, on it. 1t seems to me, ii will be wiser to
wait for The notifications suggested by ex.
perience, than hastily to adopt those Of mere
theory.
1t will be observed that the requirement ei
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
= : Commissioners heretofore appointed, ended
= by limitation on the first Monday of March
= last. You will, therefore. consider the pro
priety of creating a further commission L
prepare Criminal Code.
The Reports of the Directors and Warden
:, of the Penitentiary. will place before you I
> very full account Of the management ant
i condition of that Institution.
The laws have been executed with mild
). ness and humanity, and all proper efforts
= made to reform the unfortunate convicts whS
are confined within its walls.
Many Of those whose offences resulted from
ntemperance, unrestrained passion or evil as
, sociates, it is confidently believed, will aban
' don the error Of their past course. and OF
: leaving the Institution, become useful mem
= bers of society.
T. T. The exercise of the pardoning power is ON
- fo the most delicate and perplexing dutie
! imposed on the Executive. Applications 70
pardons. during the past year. have beel
:. almost as numerous as the convictions. an
- there are very few who are so friendless o
- abandoned that they cannot excite some in
y terest, and procure, if necessary. q very res
i pectable list Of names to their petitions.
Formerly. the power was unaccompanie
by any restraint or qualification whatever
4. and. it is not improbable. was sometime
:. - improperly exercised. The appeals Of innc
- cent and afflicted families are not easily n
:. sisted.
o. Under the new Constitution. the Governo
: is required TO communicate to the Genert
p" Assembly every case of reprieve. commuti
., tien or pardon granted, stating the name an
: crime OF the convict. the sentence, its dat
- and the date of the Communication. pardon, .
!, reprieve, with his reasons therefor" Z
tc This provision must necessarily operate q
AT a very severe restriction upon the exercise {
n. the power referred to. The appeal maj
hereafter be made 10 the judgment, rathe
C. than 10 the sympathes of our nature. Re'
o. sons once assigned will be regarded as prec'
Id dents in favor of other applications, and th
nanaltias of fha la xponln fhua oradnallv n