The Belmont chronicle, and farmers, mechanics and manufacturers advocate. [volume] (St. Clairsville, Ohio) 1848-1855, 1854-01-13
WHOLE no. sls


cheerful cooperation. The Banks should
LOOK beyond the legal issue. No one should
desirs to live among an industrious and hesyi.
" taxed people, without bearing a fair and
equal proportion OF the necessary burdens Of
the State.
The New Constitution made three import.
ant changes in the Judicial department. rs.
ierring to the manner Of electing Judges. the
OF the Courts and the mode Of
proceeding IN the administration OF Justice.
Ihe fourteenth article requires that the
General Assembly shall rrnrde e.,-. .I,, an
PoIht'hehi o' three Commissioners to reyi,-.
REFORM Simply aud ubridge the orse,ice,
P'rodipgs, orms and proceedings of The Cam.
OF Record OF this State. and as iar AZ n,.,.
tcabie and expedient, to proyid, for H..
oooiIioh OF The distinct forms of actions a;
law then IN Use, ard for the administration
OF Justice BY uniform mode .oi proceediog.
without reference TO any distinct on between
Law and equity.
Ihese Commissioners were appointed, and
on :he 18th Of January, 1853, made their "a.
port to the General Assembly, then in ses.
sion. They reported Code Of Civil Pro.
cedure, which has gone into operation az
statute OF the State.
The changes male by this Code Ere radical
and thorough, and seem to fully meet the re-
quirements OF the Constitution.
The actions at law heretofore in use are
abolished, and justice is TO be administered
by mode OF proceeding without reference to
any distinction between law and eoujty.-
Iechn'cailties and fctions in pleading are
no longer required. The parties in stating
their claim and defence, must tell the truth.
and IN ordinary and concise language.
10 discourage unjust claims and false de-
fences, to dispense with unnecessary proof &
to prevent.a recurrence to formality and fc-
ton, every pleading of fact must be verified. 2
TO get at the whd'r truth in, every case,
the parties TO the action, and all other per-
sons, with few exceptions, are allowed TO
testify.
These changes put an end to the old sva.
TEN Of practice, and aim to substitute for IL
what the people have long demanded, simple
intellglble and economical mode Of procedure
Tor the administration of justice = a So
The new Code went into ,epersti6h On thu .
second day of July last, and SOU III tiasfyzs
not yet elasped,to test the wisdom md bra cti-,
cabiity Of all its provisions. That most, if
not all Of them, are real and important re-
forms, hsve no doubt. 1t 10 to be expected,
that in the beginning. they will give rise to
some embarrassment, bu. IL msy be- chiefly
the embarrassment of change.
In view Of the Importance of this subject,
and OF the untried condition Of this law,
consider it proper to recommend great eau.
tion in any further immediate legislation
upon it. 1t seems to me, il will be wise. to
wait for the notifications suggested by ex.
perence, than hastily to adopt those Of mere
theory.
It will be observedthat the Requirement, of
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 tho
Commissioners heretofore appointed, ended
BY limit ton on the fir>t VI Dnday of March
last You will, therefore, consider the pro-
priety Of creating further commpson to
prepare Criminal Code.
The Reports Of the Directorsand Warden
of the Pententary, will place before you
very full account OF the management and con-
dtion Of that Institution.
The laws have been executed with mild
ness ant humanity, and al proper effcrts
made t. reform the unfortunate convicts who
are confined within its walls.
Many OF those whose offences resulted from
intemperance. unrestrained passion or evil as
socia;es. it is confidently believed, will aban-
don the error o. their past course, and on
leaving the Institution, become usful mem
bers OF society.
The exercise OF the psrdoning power i.on-
OF the most delicate and pcrplexing duties i'm.
posed on the Executive. Applications for
pardons, during the past year, have been al
most as numerous as the convictions, and
there are very few who are so ffandless or
abandoned that they cannot excite some in
terest, and procure, It necessary, very re-
spectacle list of names to their petitions
Formerly,she power was unaccompanied by
any restraint Of qualification whatever; and,
il is not improbable, was sometimes improper
ly exercised. The appeals Of innocent and
afflicted families are not easily resisted. 2
| Under the new Constitution, the Governor
is isrequired TO communicate to the General
Assembly "every case of reprieve, commuta-
ton or pardon granted. stating the name and
crime of the convict, the sentence. its date
and the date of the commu,stion, pardon, OF
rep-eve, with his reasons therefor" az. -
This provision must necessarily opersts 20
a very severe restriction upon the exercise of
the power referred to. The appeal must
hereafter be made to the judgement, rather
than to the sympathies of our nature. Res.
sons once assigned will be regarded as prscs-
dents in favor OF other applications, and the
penalties of the law would thus gradually bs
divested of all moral and practical force 4,
Certainty. rather than sspsrity of punish-
ment, is believed to afford the best security
against the commission Of crime. Our isws
are administered with great humanity. Two
iuries.-grand and traverse---havs each TO as.
certain the guilt of the accused, while the
, Judge. who has heard the testimony and ar
gnments on both sides. 10 generally required
TO concur "a. =. .e..5
, Still, all human tribunals are liatle to err,
and it is not impossible that, by the univsrsali'
a ty of the law and r the strict application oi
i. oan . m .yulea the iunocent nav sometimes be