Cleveland daily leader. [volume] ([Cleveland, Ohio]) 1865-1873, 1866-01-03

Inc General Assembly Will notice the
statement and application in this report OF
the Trustees in regard to the non-payment
and retention in the State Treasury of the
salary of the late Superintendent. The
facts of this case are these: DR.. W. W.
Wythes, "acitizen " of Pennsylvania, be-
fore acquiring an dictatorship in Ohio,
was appointed Superintendent of this In
stitution. During the controversies in the
Board, an objection was made to his eligi-
bility and a suit was Instituted against
him, in pursuance of this objection. The
legal disability of this gentleman was al
legged to arise from Section 5, Article XIV,
of the Constitution of Ohio: "No person
shall be elected or appointed to n Office
In this State, unless he possess the quail
fcatiens of an elector.", The Auditor. of
the State thereupon properly refused to
audit his account, and DR.. Wythes, thus
involved and embarrassed, resigned. The
Board of Trustees now ask the General
Assembly to instruct the payment of this,
his salary; and L beg leave to join in their
recommendation. The office, it seems, was
rendered in good faitL, accepted and per-
formed in good faith and in probable
ignoranceoft constitutional disqualiica-
ton. There is no adverse claimant to the
salary, and it ought to be paid. .r-
l do not call in question the decisions of
such courts as may have given the inter
probation to that Section of the Constitu-
ton But 1 venture to say, that it is a
great error and misfortune, that any such
prohibition, or doubt in favor of it, should
exist in that instrument with regard to
this class of f'officers.' ri T-rT
In an Institution of Benevolence or of
Science, the nation, the world, the universe,
Gf we could reach it, should be open to us
for our own benefit and advancement.
Some of our own Institutions have sup
piled State after State with the Superin-
tendents of like institutions. 7 And since
these benefits we impart, we ought surely,
In turn, be willing to receive them.
These remarks, of course, nave not the
remotest reference to the character, either
of this gentleman or his successor, DIR.
Byron Stanton. OF the former, 1 know
nothing whatever; and from my inquiries
and observations in regard to the latter, I
am encouraged with the highest opinion
of his fitness and correspondent hopes of
his success. They are intended simply-as
a complaint against the injurious narrow
ness of such restrictions, and a caution,
consequently, against a too sudden adop-
ton OF such a construction of that section
of our Constitution. rriy .dt
= OHIO PENITENTIARY.
The Report of the Directors and War
den of the Ohio Penitentiary seems to be
satisfactory. In addition to suggestions of
improvements, and of amendments to the
laws therein contained (which. seem to me
properG l beg leave to add others.
The law now grants citizenship upon a
certificate of good conduct in the prison
merely. / doubt the wisdom of this en-
reimbursement. Good conductin their po-
sition is of course most desirable, and re-
wards, even to conviets, is a better system
of government than p~unishments. But
may not too high a price be paid for that
sort of good conducts As the law now
stands, the most cool and cruel, the most
crafty and irreclaimable thief, burglar,
counterfeiter ,perjurer or murderer, becomes
a citizen by simply observing such little, !
but necessary, rules of prison discipline as
not throwing bread crumbs, speaking,
laughing, etc. These are Performances
which men of those kinds of temperament
can the most readily practice. And for
that alone, after the most infamous crimes,
and without the least proof of repentance
or reformation, they are made full citizens.
Whilst honest-minded and impulsiye ma
lures, whose crimes, perhaps, arose from
angry passions alone, and who have had
no stain upon their truth or honor, are for
ever debarred from testifying in courts, or
voting at elections, simply because of the
artlnessess and playfulness of their natures.
And, when it is remembered that the ex-
sa%a-ao ofAb,o 1ar, ,a.lao1, kba ~,Hl.o ,~.k,
this subject, that it has become 50, common
as to be an almost universal condition
made by Judges, prosecuting attorneys,
and others. to thAi.--Oeea4HnvndaTiOnS nor
pardon, to add: provided his conduct in
prison has been good, it is clear that the
deliberate villains in the penitentiary, as a
class, have too high a reward for their
talents ~inhypocrisy, self-possession,
etc, and that the others are unduly de-
tained in imprisonment, and ~unequally if
not unjustly punished afterwards. 1 beg
leave here to say that this sort of good
conduct ought not to have much influence
in procuring pardons, and not at all in
cases where the crimes of theapplicant in
dictated such sort of disposition and habits.
L cannot believe that a piek-pocket (who
will succeed in getting your money with
your eyes fixed on his) ought to be SO very
rewarded for his knack of keeping
his c~ountenaLce- The case is not of easy
1 admit. But there seems to be
a positive evil in this 1o state
Of the law, as to each of these
of offenders. As the law.
now stands, a prisoner who has passed
the whole time of his sentence without
any attractions of discipline re-
corded against him, is restored to citizen
Notwithstanding it may have been
his second, third, or as is sometimes the
case, his fifth or sixth term and this, too,
when his previous prison history may not
have entitled him to a restoration c%ertifi-
cate. Surely this needs amendment.
In Canada las 1 am advised by very
high authority in such matters) there is a
Board of Inspectors, whose duty it is to
and censure all the prisons and
disciplines of the government
to the county and city jails; and it
moreover, asserted that the influence of
his institution has been found, in the
practice, most beneficial to all the parties
nterested-the prisoners, keepers, and
he state. When we consider the especial
liability to abuse in all systems of .impris-
how necessarily complete the
power of the keepers must be; how silent
ind accomplishing the wretched- and
prisoners usually are how soon
hey are forgotten and forsaken by friends,
md how strong the tendency Of these
buses is, therefore, to become chronic-it
would really seem as if an active power of
7isitation and amelioration should be con-
kept alive, in order to represent
he mercy of the government, as we'll as
he strong walls and hard bars to represent
IS Justice. As it is, the whole official
mercy of the State is in the ~pardoning
power Of the Governor. But that divine
ttribute ought more to be exercised IN
loser kindnesses during the impris-
,nment. 1t is but a few who can be par
How terribly must the many
uffer in matters not intended by the law
or punishment The Governor may set
he prisoner free. But he could not clear l
be filth and lice from all the prisoners 4
confined.
Doubtless, too, this Board would in I
many ways become an agent of economy {
o the State, as well as of Kindness and
to the prisoners. And not the least
f its utilities would be the light it would {
ford the Governor in his function of
'ardoning
The laws in force for the governmental
he Penitentiary itself seem to me to be I
0 generally j~udicious and complete, as a {
ystem, that it may be safer not to interfere :
With them by many changes. In some {
.oubt, however, l beg leave to suggest an
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