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Gov. AUSTIN BLAIR, whose term of office commenced Jan., 1861, and expired Dec., 1864, granted one hundred and sixty-six pardons, as follows:

October, 1859,

April, 1856,.

January 3, 1861,

15, 15,

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Walter Wait ..

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Andrew J. Howard,.

Edward Coulton,

Charles Bostwick,

Alanson E. Norton,.

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Lorenzo D. Whipple,.

Emma Fuller,

Mary Plume,..

Joseph Williams,

Eli W. Kitchen,
Samuel Smith,
Francis F. Moore,.
Henry Pamacott,
Benjamin Patterson,,.
David Dixon,.
John Waterman,

Asa P. Moorman, Jr.,.

Seth T. Hall,.

John A. McNair,.

March, 1860,. January, 1859, April, 1857, October, 1860, March, 1856,.. April, 1855,.

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22,

years, 7

26,

February 22, 1861, March 13, 1861,

April 5, 1861,

5,

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Prostitution. Larceny.

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Burglary and assault with intent to murder.

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Receiving stolen property knowing it to be stolen. Assault and battery with intent to murder.

9, 1861, "13,

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Receiving stolen goods knowing them to be stolen Robbery.

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James Fairfax,..

Esther Fuller,

Daniel S. Graham,.

Eli Gregory,.

Jacob Brackman,.... Jmeas Martin,..

Andrew Sutherland,.

William Tyler,...

Martin Murphy,.

Henry Thompson,.

Truman H. Wheeler,....

Walter W. Cartwright,..

Charles Solis,.....

Hiram Ackley,

Lorenzo Clark,

Francis Cardinal,.

1859,.

July, 1856,
November, 1858,
April, 1857,
May, 1859,.
September, 1860,
October, 18-
February, 1861,
November, 1859,.

September, 1859,..

September, 1857,
February, 1859,
May, 1860,.
April, 1858,
May, 1861,.

For life,

1 year,

16 years,

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90 days,..

17,

December, 1860, March,

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5 years,

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5 years,

27, October, 6, 19, November 19, 1861,

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Passing counterfeit bill.

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Assault and battery.

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Assault and robbery.

Larceny.

Seduction.

Louis Johnson,............ June, 1855,

15

20,

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Incest.

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Dennis Daly,..............February, 1860,..

26,"

Larceny.

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Obtaining goods under false pretenses.

Placing an impediment on R. R. track. Incest.

[steal therein.

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Gov. HENRY H. CRAPO, whose term of office commenced January, 1865, has granted seventeen pardons to date of June 12, 1867.

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fore the word "executive," the word Mr. CASE offered the following" chief," so that it will read, "the chief resolution, which was adopted: executive power is vested in the GovResolved, That the Superintendent of Pub-ernor," etc. I offer this motion for the lic Instruction be requested to furnish to this Convention, at his earliest convenience, a statement of the whole number of children in this State of school age, together with the average length of time schools are taught, and the average attendance; also, what changes, if any, in the Constitution are necessary to secure a more uniform attendance

of pupils in the primary schools.

MANUAL OF THE CONVENTION.

Mr. LOVELL. I observe that the resolution relative to a Manual for the use of members of the Convention, provided that the book should contain the names, nativity and postoffice address of the members and officers. It seems to me desirable that this schedule should give somewhat fuller information. Hence, I offer the following resolution:

purpose of making the language of the section more accurate. I desire that the section shall be in such a form that it shall not require a legislative construction, in conflict with its terms, in order that the machinery of the State government may work harmoniously. I suppose that the idea of the executive power being vested in the Governor solely, has descended to us from past times, when the other officers of the State, the Secretary of State, the Attorney General, etc.-held their appointments from the Governor; and when the executive officers in the different counties-sheriffs, prosecuting attorneys, masters in chancery, etc.also held their appointments from the Executive. At such a time it may have been proper to say that the executive power was vested in the Governor. the intention of the Convention or of From these words, it would seem to be the people to place the entire executive power in the hands of the Governor. Such, of course, is not our intention. On motion of Mr. T. G. SMITH, the Such will not be the fact under any Convention resolved itself into the Constitution which may be ordained committee of the whole, (Mr. D. GooD- by the people. The entire executive WIN in the Chair,) and proceeded to the power will not be vested in the Govconsideration of the article entitled ernor. There will be other executive "Executive Department."

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such as that comprised in this section, but they proceed directly to define the powers of the Governor. I find that in the Constitutions of Maine, Vermont, Connecticut, Pennsylvania, Delaware, Florida, Alabama, Louisiana, Tennessee, Kentucky, Missouri, Arkansas, Texas, Iowa and California, the word "supreme" is inserted before the word "executive;" and in the Constitutions of Rhode Island, Virginia and Mississippi, the word "chief" is used, instead of " supreme.' On the other hand, I find that in the Constitutions of New York, New Jersey, Maryland, South Carolina, Georgia, Indiana and Illinois, the language is similar to that contained in this section. I find that in the Constitution of Wisconsin, a distinction is made between executive and administrative power; that there is one article entitled "Of the Executive," and another entitled "Of the Admin-* istrative Department."

Summing up the provisions of other state that, of the thirty State ConstiConstitutions on this subject, I may tutions I have examined, four are without any provision corresponding with that contained in this section; eight adopt language similar to that of the section; three have the word "chief" inserted before the word "executive;" and fifteen have the word "supreme" inserted before the word "executive.' So that, in eighteen State Constitutions, either the word "supreme" or "chief" is inserted before the word "executive," while only eight correspond with the section now before us.

The first section was read as follows: I find, in looking over the ConstituSECTION 1. The executive power is vested in the Governor, who shall hold his office for tions of the different States, that this 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 term of service shall have expired. A Lieu- customary language in Constitutions, "chief" rather than "supreme,” on actenant Governor shall be chosen for the same has generally attracted attention. I count of the attachment which delefind 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

term.

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. 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

noes 32.

LENGTH OF GUBERNATORIAL TERM.

The motive which actuated the committee in reporting this section, was that, while it would keep the Executive out of the scramble for the succession, it would give him such a term as would enable him to become familiar with the duties of his office. We considered

I think that we should endeavor, in" executive." framing the various provisions of our The amendment was not agreed to, Constitution, to adopt language which there being on a division-ayes 22, shall describe accurately the present condition of things. As I remarked at the outset of my remarks, this lanMr. VAN RIPER. I move to amend that by such a provision as this, the guage may have been accurate at the time when the Governor appointed the the pending section by striking out incumbent of the office of Governor four," before the word would be relieved of all effort and anxsubordinate State officers necessary to the word carry the laws into effect; yet it is not "years," and inserting in lieu thereof, iety with regard to a re-endorsement, accurate now when the tenure by which the word "two;" also, by striking out so that during the latter portion of his the Attorney General or the Auditor the words, "and he shall be incapable term, his attention would not be disGeneral holds his office is as distinct of holding that office for four years tracted by political projects for securand independent as that by which the next after his term of service shall ing the succession. Governor holds his position. have expired." read thus:

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The section will then.

Governor, who shall hold his office for two
"The executive power is vested in the
years. A Lieutenant Governor shall be
chosen for the same term."

The CHAIRMAN. The question
should appropriately be taken upon
each amendment separately. The first
question will be upon the amendment
to strike out the word "four," and in-
sert in lieu thereof the word “two.”
Mr. VAN RIPER. I have offered

Now, sir, I think it is the great bane Mr. BIRNEY. I desire simply to connected with the highest offices in say in regard to the phraseology of this that the incumbents, during the latter this country, that the term is so short, section, that it corresponds with the language of our present Constitution; portion of their administrations are and on turning to a number of State chiefly occupied with the idea of the Constitutions, I find precisely the same succession; and it is considered a relanguage. I suppose the gentleman flection upon a man not to obtain a from Jackson, (Mr. PRINGLE,) is corre-endorsement after having served one rect in his collation of the Constituterm. So far as my recollection extions of the different States as to the tends, I have not known an instance language employed. The word "suin 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 execution of the laws, and if any execu- his election, and the political excitetive power is assigned to any other ment connected with the election of a officer it is defined or designated in the person occupying so high a position. Constitution. The Constitution de- But in regard to the Governor of our fines the duties of the Governor, declar- State, inasmuch as we must and do ing that he shall be charged with the have biennial elections, I can see no responsibility of seeing that the laws good reason why we should elect a are executed, and I presume that this Governor for four years. If the peois what is implied in the term "execu-ple of the State succeed in electing a tive power," as applied to that officer. good man, who discharges properly the If the adjective were used, it would duties of his office, there is no difficulseem to imply a discrimination, as ty in reelecting him for a second term; though there were some division of re•sponsibility in regard to the executive

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whereas, if the incumbent is elected for
four years and he proves not to be a
man fitted for the position, the people
must abide the injurious consequences
of their choice during that long pe-
riod. I am therefore decidedly in favor
of a short term for the gubernatorial
office, and in this I think I express the
views of the people.

Mr. BIRNEY. Mr. Chairman, I believe that the committee were unaniMr. MCCLELLAND. I submit that mous in reporting the section as it

Vol. 1-No. 42.

which they imagine will be popular.

Now, sir, I think that the long term makes the office much more respectable, the incumbent not being troubled about the succession. The adoption of the provision reported by the committee will, I believe, work a great improvement in our system of State Government. In this State the Governor has not much political power or patronage; and if he fails in a renomination, that fact cripples him in a measure for the rest of his term and makes him, in the eyes of the people, a much less respectable man than he otherwise would be, from the fact that the party press is very apt to attack him during the latter part of his term, and these assaults upon his character, whether true or false, affect him for some time afterward. I think that it would be an improvement, both with regard to the Governor and the people, if the incumbent were excluded from the candidacy for the succession, while al

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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 a 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 idea-an 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 ner, so that the people may have con- stand aside-we have a continuous exfidence in him, and thus be induced to pression of the voice of the people, reward him with a re-election. during this period of seventeen years, During seventeen years it has been that four years is the proper term for the rule in our State that the Executive which a person should hold the office should hold his office for two years. I of Governor, and that when he has am not aware that under this provision occupied the position for that period, any difficulty has occurred. I am in- he shall cease to be eligible. I clined to think that we had better con- put the matter upon this ground: tinue the rule which has hitherto pre- that the people of the State, comprisvailed, instead of changing it. I believe ing both the political parties that have experience has shown us in this State at different times had control of our that two years is the proper term for public affairs, have during the past the office of Governor. seventeen years practically expressed in the strongest way their approval of this proposition.

4

Now, sir, notwithstanding these temptations to which the short term of office exposes the incumbent, those who have heretofore been intrusted with the duty in this department of our State, have risen above such influences. Still we see those influences exerted, and when exerted they are dangerous. The fact that our Governors, during the first term of office, have risen above such influences only shows what worthy and exalted men they have been. Still, sir, the danger inheres in this system of short terms and reelections. I believe that our Governors would serve Mr. FERRIS. Mr. Chairman, I am us more faithfully, would be more insorry to be obliged to differ with my 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 reelec- officers to be independent. I certainly four years, and should then be n 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 trust reposed in him; but at the same than would probably be the case if he time I would have him stand up a noble leader of the State.

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held office for a long term, with no accountability for that long term. The argument for a long term of office may apply very well to the judicial system, which it is desirable should be kept free from those influences which are brought to bear by the people directly;

Now, sir, I am in favor of the proposition of the committee, to extend the term of the Gubernatorial office to four years, and to render the incum- But here is where the difficulty arises bent ineligible to the office for the in regard to short terms of office. The succeeding term. During our expe- officer elected for a short term, instead rience of seventeen years to which my of governing his actions during his colleague has alluded, it has become term by the principles which should 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 fighold the office of Governor. I do not uring all over the State with politicians recollect a single instance in which any for a reelection. Instead of asking gentleman has been elected Governor what is right, he asks what will please for the third term. Thus, by our prac- this or that wire-puller in this or that

I must differ with the suggestion of the chairman of the committee, (Mr. BIRNEY,) that the long term of office is necessary, in order to make the position of Governor respectable. It is the

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