The weekly Lancaster gazette. (Lancaster, Ohio) 1852-1855, 1854-01-12


requirements 0fihe Constitution.
\ The actions Al law heretofore in use, are
abolished. snd justice is 10 be administered
( BY mode Of proceeding without reference
! 70 any distinction between Law and equity.
Technicnliies and 6ctisns IN pleading are
no longer required Tue parties ia, stsilng
their claim and defence, must tell the truth,
and in ordinary and concise isnguage.
I To discoDfags unjust claims and false de-
fences, TO dispense Sith unoecessry proc.
and 10 prevent recurrence 10 fermalhy md
fiction, every plssding of fact iaost be seTi-
fed,
To get ht ibe whole Truth in every csse,
The parties 10 the hcfiOh, and all persons.
with fe~ exceptions. ars allowed 10 testify.
These changes pot an end 10 tho old sys-
TEN Of prhciiee. sna aim 10 s1bsi,nte for II
what Toe people bavk long detasnded. a sim
( Pile, Ineligible aud eeoRomicsl mode o.
lpfoceedsre for the administration Of Jasliee
Tho new Code vent iIso opeFstlon on tbC
tsseoBd dsy AZ Jrlg lest. ss1 ssfieians tim.
prsciicsblility Of all lis provisions Tbs
most. II all Of them. are real end impor
tani reforms, have Bo doubt. IL iE TO bs
expected. that 10 the beginning. they vii
give rise to sons embsrrssemeni, but il maj
be chiefly the enbsrrnssnsat Of change,
In view Of the importance Of this subject,
and Of The uniried condition OF this law
consider itspToper to recommend great eau
ton in any further Immediate legislation up
on il. II seems 10 nc il will be wiser 10 waii
for the notifications suggested BY expert
ence, than h1slely 10 adopt those Of mere
theory.
Ii will be observed ibnt the requirement
Of tho Constitution referred 10, applies as
wellto lbe Criminal ss To The Civil Code. =
The Code reported and enacted relates only
to civil procedure; and the term Of Office Of
I The Commissioners heretofore appointed.
ended, By Limitation on the first Monday Of
March last. Yon will. therefore, consider
the proPriety Of creating a further commis-
sion 10 prepare Criminal Code.
The Reports of the Directors and Warden
I of tbe PeGileHiiary, viii place before you a
very full account Of the management and
condition Of that Institution.
/ The laws have been executed with mild.
ness and humanity, and oil proper efforts
made 10 reform the unfortunate couvIeis
gho are confined within lis walls.
| Many OF those whose offences resulted
! from intemperance, uBrestrained passion OF
evil associations. it is confidently believed
will abandon the error Of their past course,
ED on leaving Tie Institution, become use.
( fol members of society,"
The exercise Of the pardoning power il
one of the most delicate and perplexing du.
ties imposed on the Executive. ApPlica
Itlons tor pardons, during The past yeas, have
been almost as numerous as The convictions
and there are very few who are so friendles:
or abandoned that they cannot excite some
inieaest, and procure, if necessary, yery
respectable list Of names to their petitions.
4 Formerly, the power was unaecompanieC
by any restraint OF qualification whatever
and. il is not imPfebehle, was sometime:
\ improperly exereisSas The Appshis OF limo
cent and afflicted families are not eosily re
sisted
+ Under the new cdns,;iuiion, the Govern
or is required 10 communicate TO the, ,Gener
al Assembly '.evcfy case Of rsprieye, com
mutation or pardon granted. stating the
name and ctime of the convict. the sentence
its date, and the dale Of the communication
pardon, or repricse, with his reasons there
for"
Tbis proyision uiust necessarily operate ni
very severe restriction upon the exercise
Of the power referred 10. The appeal mus
hereafter be made 10 the judgment, rsthei
Than to the sympatIies Of ous nature. Rea
Sous once assigned will be regarded a
| preceden,s in favor Of other applications
and the penalties of the law wo'd thus grad
ually be dlVestcd Of a. moral and practica
force. ...-s..
Certainty, rather than sereriy Of punish
F ment, is believed 10 afford the best securit!
, sgainst the commission Of crime. Oar law
: are administered greal humanity. Iw'
iuries--gfahd add trayerse--hnve each t
/ ascertaia the guilt Of the accused, while tn
, Judge, who has heard the Testimony and ar
|, gumenls on both sides, is generally .require
10 concur.
Sill, all human tribunals are liable 10 err
and il is not impossible that, by the univeI
SALTY of the law and the application Q
, general rules, the Innocent may sometime
. be improperly involved, Il was in view c
these circumstances thntl the Pardcniug pow
, er was conferred upon the Governor und
have not hesitated 10 iAterferein every cas-
where, by the disclosure Of facts, nnknow
; a, the time of trial. reasonable doubt ho
, been created in relation 10 the justice OF th
sentence,
The Courts are restrained in many cases
from fixing the term Of confinement IN tn
Penitentinry underthree years, and this
+ not unlreqnenily made the ground OF an aF
plicstion to the Executive at the end OF on
: or two wears. would suggest modihcs
|, tion Of the laws in this part,culsrsso as
, authorize the Judges to sentence for 9 shor
or period. saN
PERMIT me in connection with this subje'
, to- call your attention TO the very large nuH
. Der of Juveniles now confined in this instlt'
:, ton Considerations of sound policy, |
: well as of Humanity, create strong doubts
my mind as to the propriety OF the Presel
system of Furnishing this class of delinqueni
Offenses eommit,ed.by boys are usually q
, result ofidIencss. improper associations, al
the absence Of proper parental care.
They are very different in degree Al
moral turpitude, from those ot'ihe delbera
and confirmed criminsl.
Punishment, besides securing the pea
! and safety of society. is designed TO repre-
crime aud reform the offender. The last
= these subjects is particularly applicabe
the inexperienced and unfortunate yout
while many of the old are entirely beyo
the reach Of hope. there is scarcely you
that may not be reclaimed.
: To bring about this result, however
classification oil oiFenses founded npoa Il
: age Of those by whom they are comm'tte
should be recognized by law and an ms
. luton organized with faculties for 'each'i
: the. juvenile offender the various PuIsui
L tanJ 5n,ies of Iife. torether with the elemeu