Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1862-01-07

II e gratiiying to know sbat moral inlu-
e1osl ate relied upon In the discipline Of the
Penitontary, to secure the submission and |
Prom5te the reformation Of conviols. Kind |
ness and religious instruction are blended |
with regular but not oppressive labor, and are
producing results prOpitious 70 morality and |
TO vlrtuoua sympathy. Your earnest interest |
Is collected for the correction Of whatever |
defects there may be in our penitentiary sys- |
ten.
The too frequent exercise Of the pardoning
power must necessarily impair the efficiency
Of the administration OF justice. lnconsid-
crate clemency operates as an encourage
ment 70 crime, and produces more misery
than Il allsviates The prerogative Of mercy
should be exercised with q view only 10 the
/ legitimate objects Of punlshment-the re-
/ formation OF offenders, and the prevention
Of crimes. Within the scope Of this rule, /
have deemed Il my duty TO restrict the exer-
else Of the pardoning power.
The whole number OF pardons granted
during the last year is eighty-nine, Of these,
| twenty four were issued upon the certificate
Of the physician Of the Penitantiary, accom-
| panied BY the recommendation of the War
den and Directors, In cases where there was
imminent danger Of the death of the con-
vict so pardoned, in pursuance Of the act
prescribing the manner Of applying for par
dons.
CONNECTED with the subject Of pardons
there is one feature of our criminal code to
which deem 1t my duty TO invite your
attention. refer TO the provision for min
imum periods Of confinement in the Peni-
tentiary.
Numerous applications have been male to
me Tor the exercise of the pardoning power,
by the Judges by whom the cases were tried,
upon the ground that the periods Of con-
hnement were longer than the circumstsn-
ces would justify, and that the sentences had
been made 80 because minimum periods had
been fxed by law, and no discretion, below
those limits, left 10 the Judge. An exami-
nation Of many OF the cases has satisfied me
OF the force of these considerations and the
pardoning power has accordingly been exer-
cised. Reflection upon the subject has
brought me 10 the conclusion that it would
be best to take away the minimum limit in
all cases, and leave the Judge to fix the time,
below the maximum limit, ss his Judgment,
in view Of all the circumstances Of each case,
/, may determine.
The only objection which can be urged
J against such q measure is, that in some in
stances the period of confinement might be
too short 70 meet the expenses Of conviction
} and transportation. The answer is obvious
and conclusive. The legitimats objects Of
punishment as already stated, are the pro-
lection Of society and the refo rmation of the
offender. Pecuniary considey ations are enti-
tied to little weight where the interests of
; public justice are concerned. In my iudg.
meut, the objection is also nearly, if not en-
irelyJ without foundation in the fact which
1t assumes. It is believed that the sentence
would rarely be so short that the time would
not be sufficient to reimburse the State in ss
large q proportion of its outlays as it re-
ceives in the average Of other cases wherein
the periods Of confinement are longer.
A tabular statement Of the various peni-
tentisry crimes, with the maximum and min
imum period Of confinement prescribed BY
; law for each one, will be found with the doc
uments accompanying this message.
commend to your consideration the Ee-
lport Of the Superintendent of the State
: House, and to your approval his recommen-
dations for the completion of the building.
No more faithful or intelligent o3cer has
: been in the service of the Stats, nor one
whose suggestions in regard to the particu-
lar trust reposed in him are entitled to more
respectful attention by the General Assem-
: bly,.
In 1855 the Stlte House Commissioners
estimated the cost of the labor and material
required to finish the building and grounds
at 1851, LOG 90. Since that time there have
q been expended on the work $sy2, 1871
b leaving $3Os, ,909 SO as the unexpended bal
ance Of this estimate.
. The Superintendent now estimate that on.
u IL $66,43l will be required to complete thl
: building and grounds in the manner at pres
y ent contemplated, which is S242, ,4Ts So les
than the estimate OF the Commissioners il
70 1855.
. The total cost of the State Eouse ant
= grounds, to November Is, 1851, was I,359
% l21 45;
The preparations for the building wert
n commenced in 1888. The corner stone wa
laid July 4th, 1888. join the Superintend
4, ent in respectfully submitting whether tht
10 long time that has elapsed since its com
30 mencement GOES not add something to it
~ claims for an early completion.
The State Library has been established
q forty-four years. In that time S49, ,s6S hav
= been expended for its increase and preserva
. tion-nOt including salsries-and "a, ,O74 vol
&C unes have been received in it by purchas
and donation, and by means of exchange
le le with State and Society libraries. The Libra
u ry was moved into the permanent hall, Sc
. apart for it in the State House, which is ye
N unfinished, in January, 1853. Since tina
:. time, 5,043 volumes have teen placed upol
7s its shelves, of which number !, cas- were re
eeived in exchange.
s. TIE Report Of the Commissioners from
y which take these facts, makes several rec
concentrations which seem to me worthy Q
ne careful consideration. 1t is stated that Doc
u uments and Reports from the General Gov
u ernment have not been regularly received
oI and for the purpose of securing for State Ii
Il braries full sets of all volumes published b
y the National Government, and of supplying
the Congressional Library with complete set
50 Of the Laws, Documents and Reports OF th
u States, it is suggested that the General As
n sembly request our Senators and Represents
~ : tives in Congress to urge the propriety Of 8
De amending the law governing the Congress.
e ional Library, that the Librarian thereC
y shall be charged with the duty Of foTwsrdin
Dn -I the Laws, Reports and Public Documents
4ll printed BY authority of Congress, to all th
y States which supply the Congressional Libra
~ with their official publications. 7 have q
ne doubt you will approve this suggestion.
= refer you to the reports OF the Audito
rs Comptroller and Treasurer for detailed e1
~ hibit of the financial condition Of the Stat
The disturbed condition Of the country, an
the resulting embarrassments to many d.
90 partments of the industry of the PeOple-ei
90 pecially to that of the commercial classes
% have not prevented their promptly meetin
the largely increased pecuniary demands {
SO the State-a fact which illustrates, in ne
II more engaging forms, their vast and yarie
'at resources and the intelligence necessary fc
,st their prompt application to profitable use
Il than their inHexible determination 10 mair