Carroll free press. [volume] (Carrollton [Ohio]) 1834-1861, 1854-01-12

l1t t11f. -@oti VICE - TRES ln& tne ten. |
er.l As<.nhls shA p-ostis for the app ,lnt.
neat 81 tscee C,usai,Saasr 20 revive. rsiorn.
su.,.i'y and ahriigs the practice. plsadiags-
k,rns "a proesetings Of he Courts OF Rec
I'd u this S,ste. aad as far as practicable and ex
psdisnt pr0vi le Tor the sbolluoa OF The distinct
t,ras OF artioa Al lsv. then in NE. an for the
administration of Justice by unif,rm m'as OF
pfoase.lins. wi&haat reference " any distinssisa
be-wssa ls~ a. lsqiiy.
raese Cann'stiJi-rs we're aa1oa's |. ~ on
Ihe - h Of January. 1888. male their report 70
the General Assembly then in session. They
reported Code OF Civil Procedure which has
spae into operation IN The State.
The changes made bYt this Code are radical
anil ihoroIgh. and seem 10 fully meet the re-
qairsmen;s Of the ronstiuiion.
rns ac.iOa al law hers,ofore in use ars abolish
el "A usties il % be Atmlni' tered by mode
OF prs.eclin., without references 70 anJ d'Siino
i'm between l,- anil, equity. TsehnioAhue'
an f.tions nplsalins are no lonSer reqS'Ted.
Tae parties. in stating their claim Sne dsi.nes ;
mat' ten the tra.h. AL in or lnNy and con-
G-- language.
N M,eSgrU,, aliaa1cIsin' and false defences,
70 Geponse with unnecessary proof and to pre-
v =
pleAdins Of fact must be verified.
10 get at the ~hol, truth ia sVerv ease. The
psrties 10 the action, anil all other persons, With
lev exceptions are allowed 10 testify.
These changes put al sni 10 tie Oh ava
tern Of practice, and aim - substitute tor IT,
what the people have long demanded. asImpls'
ntengibIe and economical mode OF procedure
for The administration of justice.
The new Cole went into cp'raien on toe
second day Of July last, and 'aiiicsns time has
not yet elapsed. to test the wisdom and pracn'
cabilitv OF all its provisions. That must, II not
NIL Of them are real and important r,'orms. |
have no doubt Il is 70 I've expected, that in
the beginning. they will give rise 10 some en-
barrassment. but It may he chiefly the embar'
rassmtut OF change.
In view of the importance ol tho suoleet' sha
bftb. un,ried cond lion Of this law. consider
q proper TO recommend great caution IN any
fnttbsr immediate legislation upon it. II scent
90 me il will b. wiser N wait for the modh
,cations suggested by experience, than hastily
10 adopt those Of more theory
Il will be observed that the requirements
III, Constitution rrisrred to, applies ns vii t.
the Criminal as to the Civil Code. The Cod'
reported and enae'ed relates only TO civil pro
scedurs: and the term Of Office Of the Comms
Mnbsfs heretofore appointed, ended by limlIA
ton on the first Monday OF March last, To-
viii therefore, consider the rropr'r'! ~ Great
ing further commission 10 prepare a Cumn"
Code.
The REPORTS of The Directors and Warden q
tS- Penitentiary. will place before you y YER
full secoun of the management and condl.lo
ofihst lnstitutuH.
The laws have been executed with mildnes
and humanity. and all proper efforts made
reform the unfortunate cunyictu who are conhn
ed within lis walls.
Nany of those whose offences resulted froE
inrSperance, unrestrained passion or eVlI rs
socialions. il is confidently believed, ahando
the error Of their past course, and on leavn
the Institution, become useful members oi SC
cirty.
The exercise Of The pardoning power is on
Of TIE most delicate and psrpsIing duties i'm
posed on the execute. Applications Tor pardon'
during the past yral, have been almost as nu
merous AS the convictions. snd there are te'
Who IRE so friendess, or abandoned That me
cannot excite some interest. and procure, u ne
ssssry. n very respectable list OF names to the
petitions. .,.s i,
Formerly the power was uuaccompanled D
snv restraint or qualification whatever; and
is not improbable, was sometimes lmpropcrI
exercised, The appeals Of innocent and a
Hcied families are not easily resisted
Under the nes constitution, the Governor
r,qrired to communicate to tie general A
scn,bly EVERY ease of reprieve, communlca
,icn or pardon granted, statiSg the name AZ
Grim. OF the convict, the sentence, its dat
and the date Of 'he eommutailon pardon
rsprieve, with his ,'o'ons therefor"
This provision must nccessarially operate
VERY severe restriction upon the exercise
the power referred to, The spptel lsust her
after be made to the judgment lather Than
lie sen, n,palbitS OF our nature. Reasons ont
sssn.nei will be r, carded As preeedents IN i
yer of other applications, and the penalties
the law would thus gradually be dNesIed
ul moral and practical force.
Certa,atv rather than speray OF punishme
/. believed 10 afford lbe best security again
the commission Of crime Our laws are a.
ID. uiuistc,,d with great humanity, Two jure
Grand and traverse, have each TO ascertain u
snilt ofibe accused, while the judge, who h
heard the testimony and arguments on DO
sides. is gtAerally required TO concur
Still. all human tribunals are liable to 81
and il is not impossible that by the universe
ity of law and the strict application of gener
rules, The innocent may sometimes be impre
try involved ltwas in view ofthese circur
stance tLat the pardoning power WAS conierr
upon the Governor. and have not hesil
tsd TO interfere in every case; where, by {
disclosure Of facts unknown at the time OF
trail, a reasonable doubt has been created
relation to the justice Of the fen'ence.
The Courts are restrained, in many cas-
from fixing the term Of confinement in
.uenitentiary under three years; and this is !
unfrequenty made the ground of an apple
lion 70 the Executive al the end Of one or t
Years. lwoud suggest modification Of
~. laws in this particular so as TO author
lbe Judges 10 sentence fOr q shorter period.