Fremont journal. [volume] (Fremont, Sandusky County [Ohio]) 1853-1866, 1865-01-13

the objections.
PARDoNs
{ l present the statement required by law,
showing the number of pardOns granted the fs-
cal year. The number fOrtY-fOur: of which
twenty-six were granted by my predecessor be-
tween the 18th of November and lst of January,
and eighteen by myself during the remainder
of the year. During that time | have examined
fifty cases, of which seventeen have been refus-
ed and fifteen continued for further evidence
and examination. About forty cases are on
hand not completed, under the provisions of the
Statute.
+ In the performance of this branch of my pub
lie duties | am unpleasantly impressed with
the conviction that the existence of the pardon
ing power of the Executive too frequently en-
ters into the consideration of courts and juries
in the conviction and sentence of offenders
Whether this is really the case, or the frequent
recommendations of court and jurors are yielded
to pressing opportunities and local influences,
am not able to determine. In many cases these
papers are got up Immediately upon the con-
viction; and they naturally create the impress
sion in the mind of the Governor that the par
ties are not satisfied with their own Judgment
in the case; if indeed they have not cOmpromIs-
ed with their cOnsciences by awarding punish
ment to be Immediately followed by impOr-
tunity for pardon. There are cases where the
conviction is merely technical; and others in
which there are mitigating circumstances that
render the minimum sentence Ofthe law too great
for the offence. These facts may well be pre-
sented and in Justice this should be done. Be-
yond these manifest obligations of duty, what
ever increases the facilities of pardon, or the
pressure for granting it, obviously impeaches the
Justice of conviction; and, what is more mate
rial impairs the certainty Of pllisLIReid, so ne
..,,..,.,- tbo ,,rauoufion IF crir,c
The pardOning power has twO-fold object:
the one to afford a remedy for any injustice that,
from the nature of the testimony, or other cir
cumstances, may have been committed in the
viction; the other to encourage repentance, and
promote reformation. 1t has been termed "an
attribute of mercy but it must be consider
ed that mercy alone TO the hardened, the deprav-
ed and unrepentant criminal, must ever be ex-
tended at the expense of the community that is
entitled to protection against him. The offen-
der must be brought to relize that detection and
Gel itainly follow crime; and attrans-
gression against humane as against Divine law,
must be atoned repentance. II disregarding
these considerations, pardon becomes easy, or
Welding to opportunities, certainty of punish
ment is impaired, and the inducement to atone
ment destroyed The line, / admit, is difficult
one; and therefore it is that the duty assumes a
grave and responsible character. The wiser
man may err in it-he can only strive to per-
form it honestly and justly.
PUBLIC PRINTING.
The supervisor of Public Printing resigned
his position on the first of December. and W. H.
Foster, of Columbus, was appointed to the vacsn-
CIV. If this Office is regarded by the Legisia-
lature as of any value or importance, the COM
pensation must be materially increased before
it can be permanently and advantageOusly fill
ed As one of its qualifications, it requires a
practical printer. Such an one competent to
it's duties, can pow earn double the
salary in his occupation. regard the position
as very important one under the present sys-
tenn of contract printing. An officer OF compe-
tency and integrity can save the State large
amount of money annually; but he must be able
to give the matter his entire time and attention
during the larger potion of the year. No such
man can afford to do that at the present salary.
The occupant must have some other means of
living; for on this he would soon become impOv-
erished. This coupling of public trusts with
Dther emplOyments is not good economy.
position so important as this should proffer in
iucements to men of character and integrity to
devote their time and talents 10 the full periOr
nance ofits duties, and TO stand with perfect
between contractors and the pub
lin treasury.
MIR. Foster has all the merits and quallflca-
ions of good officer, but he cannot afford to
abandon other emplOyments, and give to this
MS entire time and attention. He will be dill
,ent and faithful to the utmost of his ability,
md will devote to it such portion Of his time
md as other ayoeatiOns, actually essential TO |
his support win admit. trust you will give
o this subject early consideration.
FINANCIAL AGENT IN NEW YORK.
A cofict of opinion having arisen between the |
of the Sinking Fund and myself |
n regard to the appointment of Financial Agent |
,f the State and the City OF New York, it is |
proper / should make a statement of the fact in |
egard to it. |
The 18th section of the act in relation to Fund |
provides that, "the agent of the |
he Governor of the State, on the recommended |
ion, in writing, of majority of the Board of
aid Commissioners of the Sinking Fund, for
he term of two years, and mag be eligible to re-
Ipointn,ent' In May, 1862, Addison P. Russell /
vas duly recommended by the Fund Commis-
toners, and appointed by the Governor for the
erm Of two years, from July 18th, 1862. On
he 24th day of May 1864, the Secretary of
State and Attorney General as Sinking Fund i
Commissioners, EDepmmended the appointment |
# John M. Armstrong as State Agent for the |
erm oftwo years, from the expiration of Mr. I
4ussel's official term. My own construction of
he statute, that as Mir. Russell has been duly /
recommended and appointed in 1852 he was
eligible TO reappOintment" by the Governor,
without any further or additional reccommenda-
ion by the Commissioners. No other man
ould have been appointed by the Governor
lone; but MIR. Russell unquestionably eligible
hereto, and his eligibility consisted in his