Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1865-01-04

and fifteen continued for further evidence
and examination. About forty casesare on
hand, not completed, under the provisions
of the statute. 800 us
In the performance of this branch OF my
public duties, am unplcasantly impressed
with theaconviction that the. existence of
the pardoning power in the Executive too
frequently enters into the consideration OF
courts and juries in the conviction and SEN
tence OF offenders. Whether this is really
the case, or the frequent recommendations
of courts and Jurors are yielded to pressing
opportunities and local influences, am not
able to determine. In many cases these pa
pers are got Immediately upon the c0nvic-
tion; and they naturally create the impress
sion in the mind of the Governor, that the
parties are not satisfied with their own
Judgment In the case,if, indeed, they have
not compromised with their consciences
by awarding punishment to be imme-
diately followed by an importantly for par
don. There are cases where the conviction
is merely technical; and others in which
there are mitigating circumstances that
render the minimum sentence of the law
too great for the offensc. These facts may
we'll be presented, and in justice this should
be done. Beyond these manifest obliga-
tions of duty, whatever increases the facil-
titles of pardon, or the pressure for grant
ing it, obviously impeaches the justice OF
conviction; and, what Is more material, in-
pairs the certainty Of punishment, so necessa-
ry to the prevention of crime.
The pardoning power has two-fOld OBJ
ject: the one to afford remedy for any in
Justice that, from the nature of the testi-
mony, or other circumstances, may have
been committed in the conviction; the other
to encourage repentance, and promote re-
formation. 1t has been termed "an attri-
butte of mercy;" but it must be considered
that mercy alone to the hardened, the de-
PRAYED, and the unrepentant criminal, must
ever be extended at the expense OF the
community that is entitled to protection
against him. The offender must be brought
to realize that detection and conviction GER
tainly follow crime; and that transgression
against human, as against Divine law,
must be atoncd by repentance. If, disre-
garding these considerations, pardon be-
comes easy, or yielding to opportunities,
certainty of punishment is impaired, and
the inducement to atonement destroyed
The line, | admit, is difficult one; and,
therefore, it is that the duty assumes Il
grave and responsible character. The
wisest man may err in 1.-THE can only
strive to perform it honestly and justly.
PUBLIC PRINTING.
The Supervisor of Public Printing re-
signed his position on thetirst of December,
and w. II. Foster, of Columbus, was ap-
pointed to the vacancy. If this office is re-
garded by the Legislature as of any value
or importance, the compensation must be
materially increased before it can be per-
manently and advantageOusly filled. As
one of its qualifications, it requires prac-
tical printer. Such an one, competent to
discharge its duties, can now earn double
the salary in his occupation. regard the
position as very important one under the
present system of contract printing
An officer OF competency and integrity can
save the. State large amount of money an
nually; but he must be able to give the mat
ter his entire time and attention during the
larger portion of the year. No such man
can afford to do that at the present salary.
The occupant must have some other means
ofliving; for on this he would soon become
impoverished. This coupling of public
trusts with other employnents is not good
economy. A position so important as this
Should proffer inducements to men of char
acter and integrity to devote their time and
talents to the full performance of its duties,
and to stand with perfect independence be-
tween contractors and the public treasury.
Mr.. Foster has all the merits and qualifi-
cations of a good officer, but he cannot af-
ford to abandon other employments, and
give to this his entire time and attention..
He will be diligent and faithful to the ut
most of his ability, and will devote to it
such portion of his time as other avoca-
tions, actually essential to his support, will
admit. / trust you win give this subject
early considerations Fsin
FINANCIAL AGENT IN NEW YORK.
A conflict of opinion having arisen be-
tween the Commissioners of the Siuking
Fund and myself in regard to the appoint
ment of the Financial Agent of the State
in the City of New York, it is proper l
should make statement of the facts in re-
gard to it,. = CG1ttG @Htl'2l E
The 18th section of the act in relation to
Fund Commissioners provides that. "the
agent of the State, as herein provided, shall
be appointed by the Governor of the State,
on the recommendation, in writing. Of
majority of the Board of said Commission
ers of the Sinking Fund, for the term of
two years, and may be eligible TO redppoint-
pieatp In May, 1862 Addison p. Russell
was duly recommended by the Fund Com
missioners, and appointed by theGovernor
for the term Of two years from July 18th,
1862. On the 24th of May, 1864 the Secre-
tary of State and Attorney General, as
Sinking Fund Commissioners, recommend
ed the appointment of John M. Armstrong
as State Agent forthe term of two years,
from the expiration of Mr.. Russell's official
term. My own constructionsof the statute
was, thatas Mr.. Russell had been duly re-
commended and appointed In 1S62, he was
''eligible to appointment" by the Cover
nor without any further or additional re-
commendation by, the Commissioners. No
other man could have been appointed BY
the Governor alone; but Mr.. Russell was
unquestionably "eligible" thereto, and his
eligibility" consisted In his prior recon-
mendation aud disappointment The statute
clearly intends this, or that provision has
no meaning whatever. Il "a JegH,rfs
On the 9TH Of June, addressed note to |
the Secretary of State and Attorney Cen |
eral, asking them to inform me whether
there Is in your Board, or with the mem
bers thereof, any information or charges of
misfeasance or malfeasarlce in office against
the present incumbent in that position, or |
want OF capability or integrity on his part, |
which renders it the duty of the public Of
ficers, in the protection of the interests of |
the State, to supersede him, or which inn
pairs his eligibility to re-appointment.' "
On the 16thof June, these gentlemen reply |
at some length, treating my inquiry as for |
eign to the subject but Indirectly admit
ting that they have no charges to make |
against the official character or integrity Of
Mr.. Russell. On the Goth presented to |
the Secretary Of State and Attorney Gen.
eral, my views and construction of the law,
and notified them that Ihad .'re-appointed" |
Mr.. Russell State Agent in the city Of New |
York, for the term Of two years from July |
10Th, 1864. On the 23d of June (Which,
owing to my absence from the city, did not |
reach me until the 9th Of july, these gem
tleuleu reply at some length notlfyinQ me |