« SebelumnyaLanjutkan »
Smith A. Ellis,...
66 30... 16 James Scott,
Assault and battery.
Murder in the 1st degrée.
October 12, 1859
Passing counterfeit money,
(1 :16 Frånk Fox,..........
June, 1858, ..
Crime against nature.
November 7, 1859, Perjury.
Aiding person to break jail.
June, 1858, .....
January, 20, 1800,.. Larceny.
Grand larceny. Jacob Hamilton, ....... June, 1858,..
Burglary and larceny.
February, 17, 1860,... Larceny.
March 23, 1860,..
Larceny. Alligense B. Monroe, October, 1857,
April 6, 1860,
Assisting persons to break jail.
R 25, 66
6 Mary O. Donnell,.....
30, 68. March, 1868,..
6 John W. Barnes,
Having counterfeit money in possession with
May 8, 1860,7
[intent to pass
16 11. " · Peter Shaw,
? James Reed, October, 1868,
June 6, 1860, John Braden,.........
Passing counterfeit bankbills.
Murder in the second degree.
Burglary. Nelson W. Sheppard,..
u 6, 16 October, 1857,
16 Edward English,......
Assault and ba
September 2, 1880, Larceny.
Passing counterfeit money. .
ob Darius N, Keep,......
221 George Anderson,.... March, 1859,.........
... October 1 April, 1857,....
.. : 66 Charles Calkids,......
Assault with intent to kill.
Having in possession counterfeit money with in-
Shooting one McDonald. . [tent to pass.
Assault and battery,
years, ............ December 1, 1860,....... Larceny.
Passing a forged check knowingly.
Natural Life,............. December 14, 1860,..... Burglary.
January 3, 1861, .......... Having in poss'n count't money with intent to pass.
Assault and battery with intent to commit a rape.
Burglary and larceny.
66 26 66
Larceny. Andrew J. Howard, .. January, 1859,
February 22, 1861, Assault and battery with intent to murder. Edward Coulton, ...... April, 1857,....
March 13, 1861,
Assault and battery with intent to murder.
Having in poss'n count't coin with intent to pass.
6 9, 1861,
Burglary and assault with intent to murder.
3 years, ......
. Receiving stolen property knowing it to be stolen.
Assault and battery with intent to murder...
Receiving stolen goods kpowing them to be stolen
Burglary and Larceny
... Passing counterfeit gold coin.. Darius Chapman,... June, 1860,..
Burglary and larceny.
Breaking and entering a house, and attempting to
(steal therein, Daniel S. Graham,
April, 1857,. .... Eli Gregory ,.........
Malicious trespass. William Tylor,....... November, 1859, 16 year's,...
Murder in the second degree.
September 16, 1861, ....... Petit larceny
I o . 17,”
Assault and battery,
Larceny. Hiram Ackley,.......
Burglary and larceny.
Passing counterfeit bill.
Obtaining goods under false pretenges.
Placing an impediment on R. R. track. Francis Cardinal,...... April, 1858,.....
Incest. George Charles,.....
Assault and battery, William H. Wheeler,...
Aissault and robbery.. James L. Lushpaugh,...... January, 1860,
January 28, 1862,
February 17, 6
Seduction. . .
March 19, 1862,
0623 Bezael Shippy,
May 10.. "
..... Harvey Loveland,
March, 1861,. Luther Goodwin,..... May, 1857,.
............... Caroline Decker,.... June, 1862, ........
3 months,...... Nathan Moore,
July, 1857, ......
October 3, 1862,
October 3, 1862,
110 16 Julius Seeloy,...........
September, 1859, William Alpin,....... February, 1862,
November 7. 1862.
10 years, ..
15° 6 John Enydman,......
60 days,........ Edward Mapping,.. December, 1859...
8 years, .......
. 2 years, .... William Henry Würren,... September, 1861,
2 16 Peter Higgins,.......... November, 1862
ary Robert Fuller,....
June, 1850, William l'ay, ............. , 1862......
March Nathaniel McOmber,.... February, 1862
13 years... George White,... June, 1861,.
360 Edmund I, Bobier...
April, 1858, .......
8 years, ..
16 1855, James S. Hanford,.. July, 1856,
66 Michael Dougherty,...
3 years, John McKinney,. May, 1862,
17. Peter Jordan,........ - 1866,..
10 years, ..
. September 3,'1863 Charles W. Barner,.... September, 1861,
.. November, 3,
18 months,..... John L. Green,...
February, 1863,..... William Scrimshaw, .... May 1862,...
November 20 Patrick Haggerty,..... September, 1860,...
December 4, 66
Decomber 28, 1863,
ars, ........... August Becker, i.
June, 1868,.......... Frank Weltz,.. : 66' 16 .. 12 years,
85 66 William Hicks,.......
8 16 . Henry B. Farrington,
March, 1863, ........ Allen J. Hartinge,
June, 1861,....... Swanton Bateman,...
December, 1859,.... Edwin Bolles,
March, 1863, LUWU boiles, ............
.................. Thomas Burrows,..
( 1864, ....
6 months, Thaddeus W. Emmons,... May, 1864, ............
75 days, .....
June Thomas Carmon,........ February, 1861,...
14 years, .. Benoni Hays,......... November, 1859,.. Bartholomew Linebam,
1863, Richard Betallick, June, 1860,.......
8 years James P. Hannah
February, 1860,... Edward Errinhart,
13 years, George W. Rósier..
January, 1860,... James M. Thurston,.. September, 1861,.. William Cartwright, June, 1860,...... Hugh Duffee,........, October, 1862,..
20, 1863, Mary Bush,............... May, 1864,....
10 months, John Cahoon,....... August, 1862,
3 years, Geore Martin,........
Febuary, 1863, Thomas H. Barney,... May, 1861,...
5 years, ...
tember 4. 18 Patrick Dailey,....
August, 1862, John Powers,
5 years, ....)
or life, ... .............
For life, .......
Gov. HENRY H. CRAPO, whose term of office commenced January, 1865, has granted seventeen pardons to date of June 12, 1867.
March 24, 1865,
Robbery. Cordelia Hay ............. .. November, 1884,
Conveying a filo into tho jail with intent to as-
2 years, ....
[sist a prisoner to escape. Nicholas Luscomb, June, 1864,
16 11 William Smith,. August, 1863,
Forgery. William J. Brown,...
Assault and battery.
16 George Wilkinson,.... June, 1866,... Gustavus DeCastor, 90
Simple larceny. Baldwin Diamond,....... October, 1865,..
Passing counterfeit mouoy.
An attempt at robbery.
. Larceny. Mary Haywood,
.........!June 12, EDUCATIONAL STATISTICS, ETC. fore the word “executive,” the word such as that comprised in this section, Mr. CASE offered the following
« chief,” so that it will read, s the chief but they proceed directly to define the
executive power is vested in the Gov- powers of the Governor. I find that resolution, which was adopted:
ernor," etc. I offer this motion for the in the Constitutions of Maine, VerResolved, That the Superintendent of Pub-ero lic Instruction be requested to furnish to this purpose, of making the language of mont, Connecticut, Pennsylvania, DelaConvention, at his earliest convenience, a the section more accurate. I desire ware, Florida, Alabama, Louisiana, staten
ment of the whole number of children in that the section shall be in such a form Tennessee, Kentucky, Missouri, Arkanthis State of school age, together with the average length of timě schools are taught. | that it shall not require a legislative sas, Texas, Iowa and California, the and the average attendance; also, what construction, in conflict with its terms, word “supreme" is inserted before the cbanges, if any, in the Constitution are necol in order that the machinery of the word “ executive;" and in the Constiessary to secure a more uniform attendance of pupils in the primary schools.
State government may work harmoni- tutions of Rhode Island, Virginia and
ously. I suppose that the idea of the Mississippi, the word “chief” is used, MANUAL OF THE CONVENTION.
executive power being vested in the instead of “supreme.". On the other Mr. LOVELL. I observe that the Governor solely, has descended to hand, I find that in the Constitutions resolution relative to a Manual for the us from past times, when the other of New York, New Jersey, Maryland, use of members of the Convention, pro-l officers of the State,-the Secretary of South Carolina, Georgia, Indiana and vided that the book should contain the State, the Attorney General, etc.--held Illinois, the language is similar to that names, nativity and postoffice address their appointments from the Governor; contained in this section. I find that of the members and officers. It seems and when the executive officers in the in the Constitution of Wisconsin, a disto me desirable that this schedule different counties--sheriffs, prosecuting tinction is made between executive and should give somewhat fuller informa-1 attorneys, masters in chancery, etc. administrative power; that there is one tion. Hence, I offer the following reso-l also held their appointments from the article entitled “Of the Executive," lution:
Executive. At such a time it may and another entitled “Of the AdminResolved, That the Manual of the Conven- have been proper to say that the execú-istrative Department. tion ordered June 13th, instant, contain the time names, ages, whether married or single, na
tive power was vested in the Governor. Summing up the provisions of other
From these words, it would seem to be Constitutions on this subject, I máy iness of the officers and members of the Con- the intention of the Convention or of state that, of the thirty State Constition.
the people to place the entire executive tutions I have examined, four are withThe resolution was adopted.
power in the hands of the Governor. out any provision corresponding with EXECUTIVE DEPARTMENT.
Such, of course, is not our intention that contained in this section; eight On motion of Mr. T. G. SMITH, the Such will not be the fact under any adopt language similar to that of the Convention resolved itself into the Constitution which may be ordained section; three have the word “ chief" committee of the whole, (Mr. D. Good-by the people. The entire executive inserted before the word “ executive;" WIN in the Chair,) and proceeded to the power will not be vested in the Gov- and fifteen have the word “supreme" consideration of the article entitled ernor. There will be other executive inserted before the word “ executive." “ Executive Department."
or administrative officers of State; and So that, in eighteen State Constitutions, TERM OF OFFICE OF GOVERNOR, ETC. there will be executive officers in the either the word “supreme" or " chief” The first section was read as follows. | several counties and districts.
is inserted before the word " executive.”. SECTION 1. The executive power is vested in ..,
din I ind, in looking over the Constitu- while only eight correspond with the : the Governor, who shall hold his office for tions of the different States, that this section now before us.. four years; and he shall be incapable of hold-change from what was originally the I have proposed to insert the word ing that office for four years next after his
customary language in Constitutions, chief” rather than « supreme," on acterm of service shall have expired. A Lieutenant Governor shall be chosen for the same has generally attracted attention. I count of the attachment which deleterm.
find that the Constitutions of New gates in this Convention have expressed Mr. PRINGLE. I move to amend Hampshire, Massachusetts, North Caro- for words of a modern character, the section just read, by inserting be- lina and Ohio, contain no declaration, I rather than those derived from the an
sire simply this sonho recente hold biet notice for
cient languages. “Supreme" is a pret- the amendment of the gentleman from stands. We found that the Constituty big word; it comes to us very re- Calhoun, (Mr: WILLARD,) is not in order tions of some fourteen States of this spectably descended from a rather old now, as it is not an amendment to the Union adopt a longer term for the oftime. The word “chief” is of more amendment of the gentleman from fice of Governor than that which we modern origin, and expresses tersely Jackson (Mr. PRINGLE.)
i have heretofore adopted. In some in a simple syllable what I understand The CHAIRMAN. The amendment twelve States at least, the term of office to be intended to be implied in this of the gentleman from Calhoun, will is four years--substantially the same section. I have therefore moved to be in order at a future period. The provision as is here reported. Three amend the section, so that it will read question is now upon the amendment States, I believe, adopt the term of "the chief executive power shall be of the gentleman from Jackson, to in- three years. vested in the Governor."
sert the word “chief," before the word. 'The motive which actuated the comI think that we should endeavor, in " executive."
mittee in reporting this section, was framing the various provisions of our The amendment was not agreed to, that, while it would keep the Executive Constitution, to adopt language which there being on a division---ayes 22, out of the scramble for the succession, shall describe accurately the present noes 32.
it would give him such a term as would condition of things. As I remarked
LENGTH OF GUBERNATORIAL TERM.
TERM" enable him to become familiar with the at the outset of my remarks, this lan
duties of his office. We considered
Mr. VAN RIPER. I move to amend the guage may have been accurate at thel.
a that by such a provision as this, the I the pending section by striking out incumbent of the office of Governor time when the Governor appointed the the pending subordinate State officers necessary to
to the word “four," before the word would be relieved of all effort
the word would be relieved of all effort and anxcarry the laws into effect; yet it is not
is not "years," and inserting in lieu thereof, liety
ereof; iety with regard to a re-endorsement, accurate now when the tenure by which the word
the word "two;" also, by striking out so that during the latter portion of his ey General or the Auditor the words, and he shall be incapable term, his attention would not be disGeneral holds his office is as distinct
istinct, of holding that office for four years tracted by political projects for secur. and independent as that by which the next after 18 the next after his term of service shall
ing the succession. Governor holds his position..
have expired.". The section will then. Now, sir, I think it is the great bane Mr. BIRNEYI desire simply to read thus: ...
connected with the highest offices in say in regard to the phraseology of this
T: “The executive power is vested in the this country, that the term is so short.
'Governor, who shall hold his office for two
the years. À Lieutenant Governor shall be that the incumbents, during the latter language of our present Constitution; chosen for the same term.” .
portion of their administrations are and on turning to a number of State The CHAIRMAN. The question chiefly occupied with the idea of the. Constitutions, I find precisely the same should appropriately be taken upon succession; and it is considered a relanguage. I suppose the gentleman each amendment separately. The first flection upon a man not to obtain a from Jackson, (Mr. PRINGLE,) is cor- question will be upon the amendment re-endorsement after having served one. rect in his collation of the Constitu- to strike out the word “four," and in- term. So far as my recollection extions of the different States as to the sert in lieu thereof the word “two." tends, I have not known an instance language employed. The word “su- Mr. VAN RIPER. I have offered in which a gentleman occupying the preme," is used more frequently than this amendment chiefly because I am position of Governor, has not been anxthe word “chief.” But I apprehend opposed to long terms of office, and in ious for a re-endorsement. This may that no difficulty will arise under this favor of short terms. In taking this be a very laudable ambition; but it is provision of our Constitution, if neither position, I believe I express the feel- nevertheless calculated to induce those word be inserted. I have never heard ings and wishes of the people of occupying high positions, and having of any difficulty heretofore under the this State. It is well enough that patronage and influence to exert, to corresponding section of our present the President of the United States deviate from that which their best judgConstitution.
should be elected for four years, be- ment tells them to be right, to do that The Governor is charged with the cause of the difficulties attending which they imagine will be popular. execution of the laws, and if any execu- his election, and the political excite- Now, sir, I think that the long term tive power is assigned to any other ment connected with the election of a makes the office much more respectofficer it is defined or designated in the person occupying so high a position. able, the incumbent not being troubled Constitution. The Constitution de- But in regard to the Governor of our about the succession. The adoption of fines the duties of the Governor, declar- State, inasmuch as we must and do the provision reported by the commiting that he shall be charged with the have biennial elections, I can see no tee will, I believe, work a great imresponsibility of seeing that the laws good reason why we should elect a provement in our system of State Govare executed, and I presume that this Governor for four years. If the peo- ernment. In this State the Governor is what is implied in the term "execu-ple of the State succeed in electing a has not much political power or pattive power," as applied to that officer. good man, who discharges properly the ronage; and if he fails in a renominaIf the adjective were used, it would duties of his office, there is no difficul- tion, that fact cripples him in a measseem to imply a discrimination, as ty in reëlecting him for a second term; ure for the rest of his term and makes though there were some division of re- whereas, if the incumbent is elected for him, in the eyes of the people, a much .. •sponsibility in regard to the executive four years and he proves not to be a less respectable man than he otherwise power.
man fitted for the position, the people would be, from the fact that the party Mr. WILLARD. I have prepared a must abide the injurious consequences press is very apt to attack him during. substitute for the section, which seems of their choice during thąt long pe- the latter part of his term, and these to me somewhat more accurate in its riod. I am therefore decidedly in favor assaults upon his character, whether expression. It is as follows:
of a short term for the gubernatorial true or false, affect him for some time "There shall be elected at each general
neral office, and in this I think I express the afterward. I think that it would be election a Governor, who shall hold his office / views of the people.
an improvement, both with regard to for two years. A Lieutenant Governor shall Mr. BIRNEY. Mr. Chairman, I be- the Governor and the people, if the in
lieve that the committee were unani- cumbent were excluded from the canMr. MCCLELLAND. I submit that I'mous in reporting the section as it didacy for the succession, while al
Vol. 1.–No. 42.
lowed a long enough term to become tice during a long course of years, we portion of the State. Instead of askentirely conversant with his duties. have, as if by à sort of common con- ing what is for the best interests of the
Mr. M. C. WATKINS. It strikes sent, established four years as the pro- community, he is asking what is best me, Mr. Chairman, that the argument per term for the office of Governor; so for himself with a view to securing a of the gentleman from Bay, (Mr. BIR- much so, that as my friend from Bay, particular combination in the southNEY,) can very readily be turned on (Mr. BIRNEY,) has remarked, it is west, or the north-west, or the east, or the other side of the question. If the deemed a reflection upon the incum- in some other portion of the State. man holding the office of Governor bent if he is not renominated and re- Thus we have a Governor who during wishes to be re-elected, it is very nec- elected. Now, since it has become an the first two years of his term is seekessary for his success, that he should established ideaan idea incorporated ing his own ends by endeavoring to make a good Governor, that he should into our practice as a political society please different political cliques, instead stand well before the people; that he -that the man elected for the short of discharging uprightly and fearlessly should discharge his responsible du- term of two years shall be re-elected to his duties. ties in a suitable and satisfactory man- the succeeding term, and shall then Now, sir, notwithstanding these ner, so that the people may have con- stand aside-we have a continuous ex- temptations to which the short term of fidence in him, and thus be induced to pression of the voice of the people, office exposes the incumbent, those who reward him with a re-election.
during this period of seventeen years, have heretofore been intrusted with the During seventeen years it has been that four years is the proper term for duty, in this department of our State, the rule in our State that the Executive which a person should hold the office have risen above such influences. Still should hold his office for two years. I of Governor, and that when he has we see those influences exerted, and am not aware that under this provision occupied the position for that period, when exerted they are dangerous. any difficulty has occurred. I am in- he shall cease to be eligible. I The fact that our Governors, during clined to think that we had better con- put the matter upon this ground: the first term of office, have risen above tinue the rule which has hitherto pre- that the people of the State, compris- such influences only shows what worthy vailed, instead of changing it. I believe ing both the political parties that have and exalted men they have been. Still, experience has shown us in this State at different times had control of our sir, the danger inheres in this system that two years is the proper term for public affairs, have during the past of short terms and reëlections. I bethe office of Governor.
seventeen years practically expressed lieve that our Governors would serve · Mr. FERRIS. Mr. Chairman, I am in the strongest way their approval of us more faithfully, would be more insorry to be obliged to differ with my this proposition. ...
dependent, and would command more colleague, who has just taken his seat, There is one other argument which fully the respect of our citizens at (Mr. M. C. WATKINS.) I admit that I will venture to suggest to the com- home, or of the public outside of our there is force in the argument that mittee, and that is that we want our State, if they were elected for a term of where an officer is eligible for reëlec-officers to be independent. I certainly four years, and should then be no tion, the ambition for such reëlection desire that every man who holds office as longer eligible. I think that such a may, during the continuance of his the choice of the people for Governor system will be a vast improvement upon term, stimulate him to an efficient per- shall be responsible to them; but I the system we have had. And, sir, as formance of his duties, in order that he think it is a despicable sight to see, as I have suggested, the people of the may stand well with the people and we frequently do see, our higher pub- State have already given a sort of tacit obtain their approval and support for a lic officers, instead of being leaders of sanction to this principle by establishreëlection. But gentlemen of the com- the people, instead of going ahead of ing it as a species of political common mittee will see that this argument is them, looking to Providence and to law that a man shall be Governor of only good with regard to the first term. the light of truth as guides, everlast- the State for four years and no longer. This motive which it is thought desir- ingly walking backwards and watching Mr. FARMER. Mr. Chairman, I able to place before the executive fails the steps of the people, catering to rise to express my approbation of the to affect him at all during his second public prejudices, humoring every pop- amendment proposed by the gentleman term. The shrewd, unscrupulous poli- ular whim-being, not as they should from Cass. I am decidedly in favor tician having, during his first term as be, leaders, but mere followers of the of short terms of office, and the accounGovernor, catered to the public preju-people. I desire that the Governors of tability resulting therefrom. . A Goverdices and whims, and thus secured a this State shall occupy a high and nor holding his office for a short term reëlection, may during his second term, commanding position, held to his re- feels that accountability to the people, from the want of any such motive, be- sponsibility in the same manner as any which he should feel, and which is caltray, every public trust committed to other officer for any malfeasance or culated to induce him to devote himhim.
.. misfeasance in office-any breach of self to the interests of the State, more Now, sir, I am in favor of the prop-I trust reposed in him; but at the same than would probably be the case if he osition of the committee, to extend time I would have him stand up a held office for a long term, with no acthe term of the Gubernatorial office to noble leader of the State. ..: countability for that long term. The four years, and to render the incum- But here is where the difficulty arises argument for a long term of office may bent ineligible to the office for the in regard to short terms of office. The apply very well to the judicial system, , succeeding term. During our expe- officer elected for a short term, instead which it is desirable should be kept • rience of seventeen years to which my of governing his actions during his free from those influences which are colleague has alluded, it has become term by the principles which should brought to bear by the people directly; established as a sort of common law, control the statesman, instead of look- but I think the same argument is not in both political parties of this State, ing to the greater good of the com-applicable to the office of Governor of that four years shall be the limit of monwealth, instead of planting him- the State.. time during which any one man may self upon immutable principles, is fig-|. I must differ with the suggestion of hold the office of Governor. I do not uring all over the State with politicians the chairman of the committee, (Mr. recollect a single instance in which any for à reëlection. Instead of asking BIRNEY,) that the long term of office is gentleman has been elected Governor what is right, he asks what will please necessary, in order to make the posifor the third term. Thus, by our prac- this or that wire-puller in this or that I tion of Governor respectable. It is the