Year: 1868

ieving that the full details contained
in it should be widely known, and
that the kno Wedge would arouse a.
public sentiment which would most
second such legislation as
the subjects t.ill undoubtedly receive
~ your hands. Iwould also recon-
mend that tue board be made more
efficient providing permanent sec
retary for them, whose whole time
might be devoted to continuing and
the Investigations they
have SO well begun


The reforms needed in the organ
ization and administration Of the
local correctional institutions, Eat-
urally lead to the consideration of
reforms in the criminal law. The
Attorney General, in his report
urges the importance of a codiiica-
ton ofthe crimes act, and Of sim
plitication of the rules and practice
Of criminal procedure, so that they
may be freed from cumbrous tech
n:calities, which are too often found
to impede instead of furthering the
canse Of substantial justice. Much
labor was bestowed upon the per
lection of bills for the above men
toned purpose at the last session of
the Legislature, but they had not
been finally acted upon at the adj
journment. An act was, however,
passed allowing accused persons to
testify upon their own trials for
crimes. Although this measure was
supported by most respectable au-
thorities upon the bench as well as
in the Legislature, my observation
of It's practical workings as they
have been revealed to me in my ex-
animation of applications for par
don, compels me to believe that tue
change is, upon the whole. an un-
fortunate one. When aprisoner has
the right to testify in his own be-
half, his failure to do so is almost
sure to be taken as confession OF
guilt. When to the knowledge of
this fact'is added the temptation to
invent a plausible theory to account
for circumstances proven in evi-
denee, in the hope Of escaping pun
ishment thereby, few criminals will
be found who will not add perjury
to the crime already committed. =
The possibility that in some rare
exceptional cases, innocent persons
may be the victims Of circumstan-
ces Which only their own testimony
could explain; does not, as l think
over balance the injury done to the
general administration of justice
when perjury becomes a regular and
expected part of a judicial trial. and
the detestation of the crime is great
ly lessened by its frequency. MY
examination ofthe cases of prison
ers sent to the Penitentiary during
the past year satisfies me that I am
not exagerating the real evils which
result. Another practical effect is
the abandonment of the old princi-
pie of our law that no man shall be
forced to criminate himself. He


does this when his omission to tes-
tify is taken for admission of guilt.


Ifthis principle is abandoned,
should prefer to adopt the French
system ofinterrogatin prisoners by
the Court, as avoiding at least the
great tendency to voluntarg perjury.
I am constraiEed, therefore, to
recommend the repeal of the law.


The increased number of prison
ers in the penitentiary has made the
duty OF investigating applications
for pardon more burdensome du-
ring the past year than is common
In a large class Of cases occurring
Immediately after the close Of the
war, the sentences were more severe
than had been usual before, owing
to the necessity felt by the judiciary
to check the apparent tendency to
crimes ofviolence. In consider
able number of these cases the
judges have regarded it proper to
recommend the remission of q part
of the sentence, especially when the
community seemed to have regained
its ordinary quiet and law abiding
character. I have endeavored to
use the right to exercise clemency
in strict cooperation and good un-
derstanding with the Judiciary, and
the detailed report of pardons is
sued will show very few cases in
which the judge who tried the cause
has not urged the pardon.


The Secretary OF State, besides
presenting the usual reports from
his office, has, in obedience to the
requirement of the last General As
selnbly, coliec ed with great indus
try such information as could be OBJ
tanned in regard to authentic por-
traits of the earlier Governors OF
the State, which there had been
some thought of preserving in the
Capitol. Whatever information on
the subject can now be made availa-
bic is thus laid before you in authen-
tic form for such action as may
seem appropriate.


The Supervisor of Printing re
ports that the cost Of printing pub
lie documents and binding the same
for the year past has been but little
over one third the amount expended
in the preceding year; and that this
change is mainly owing to the differ
ence in contract price for the unit
Of measurement, the quantity of
work beiug about the same. He also
l. -
tire charge of the binding for the
State under the statute for iutrodu
cling printing and binding into the
mechanical instruction Of pupils in
the Deaf and Dumb Asylum, if a
small additional appropriation is
made for that purpose.


The Commissioner of Railroads
and Teiegraphs has in the compare
lively short time since his Office was