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lease, under which they are now held. Your deliberate attention is therefore invited to this report.

The several Rail Roads within the State are in good working condition. You will be glad to know, that the enterprising citizens of our State, who perilled so much in the construction of these important and now indispensable means of transit, are receiving a fair remuneration for their outlay. It is due to the several managers of these roads, that I bear testimony to the zeal, fidelity and promptness manifested by them during the past year, in the movement of troops and supplies for the army. They have at all times been ready to second the efforts of the gove ernment, to the full extent of the capacity of their respective roads. Early in the year, with a single exception, they cheerfully assented to a deduction of fitty per cent. from their ordinary fare, to all soldiers traveling to and from their homes, and also to the friends traveling for the purpose of ministering to the wants of sick and wounded soldiers.

The act passed at your las: session, providing the mode of assessing and taking this species of property, has not been in operation a sufficient length of time to test its wisdom. It is believed, however, that its provisions are just and reasonable; and it should therefore be permitted to remain.

An account of the expenditures from the civil contingent fund of the Executive, is herewith presented. It will be seen that the sum of $656 26 has been drawn from this fund.

Allow me to request, that you direct this account, and also that of the extraordinary contingent fund, to be thoroughly examined by an appropriate committee. Such an examination is alike due to our constituents and to myself.

Believing that I have now complied with that provision of our Constitution, wbich requires the Governor to “communicate to the General Assembly the con“dition of the State, and recommend such measures as he may deem expedient," I have but to express the hope, that you may bave a harmonious session, and that God's richest blessings may rest upon us all.

DAVID TOD, Governor. EXECUTIVE CHAMBER, Columbus, O., Jan. 5, 1863.

3- PART I.-Ex. Doo.

ACCOMPANYING DOCUMENTS.

PARDON REPORT.

EXECUTIVE OFFICE, COLUMBUS, O., Dec. 1, 1862. To DAVID TOD, Governor :

As requested by you, I furnish from the pardon records in this office, to be presented to the Legislature, the following report of pardons granted, with reasons iherefor. during the year from November 15, 1861, to November 15, 1862 :

The last annual report of your predecessor extended to November 15, 1861. The cases considered by him from November 15, 1861, to January 13, 1862, wben his term of office expired, were 50 in number.

Those considered by you, from January 13 to November 15, 1862, were in number 118. Pardons granted by your predecessor.-

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The pardons granted by your predecessor are as follows:

BENJAMIN B. HERRICK, Convicted of horse-stealing, and sentenced three years to the Penitentiary, October term, 1860, by Lorain county Court of Common Pleas.

Pardoned November 27, 1861, because-1. It was his first offense ; 2. His conduct in prison was uniformly good, inducing the belief of bis reform ; 3. The judge recommends bis pardon.

LUCIAN M. CLARK, Convicted of passing counterfeit bank bills, and sentenced three years, May term, 1861, by Cuyaboga county Court of Common Pleas.

Pardoned November 29, 1861, because it was his first offense. He is quite young; has served out half the time; his conduct in prison was good. The judge says he would have sent him a shorter term, if be could. His parents are respectable, and his father blind, needing bis assistance.

REBECCA A. ESTILL, Convicted of bigamy, and sentenced two years, at March term, 1861, by Coshocton Common Pleas Court.

Pardoned November 29, 1861, because the physician of the Penitentiary certifies that there is imminent danger of her decease from cancer in the stomach. The warden and directors concur in this opinion, and ask her pardon.

CHARLES WARREN, Convicted of burglary, and sentenced five years, at February term, 1868, by Hamilton Common Pleas.

Pardoped November 29, 1861, because the resident physician certifies to impinent danger of his death from tubercular consumption. The warden and directors concur, and ask his pardon.

CHARLES COOK, Convicted of manslaughter, and sentenced ten years, at May term, 1850, by Hamilton Common Pleas.

Pardoned December 3, 1861. Granted in view of punishment already received, in jail and Penitentiary, more than three years; uniform excellent conduct during all ihat time; universal opinion of all the officers having charge of him, that he is a proper subject of Executive clemency.

WILLIAM LAMEN, Convicted of burglary, and sentenced five years, at January term, 1859, by Hamilton Common Pleas.

Pardoned December 3, 1861. Former character good; conduct good in prison. Has sufficient punishment for bis offense-over balf his sentence.

JAMES BROWN (colored), Convicted of assault with intent to kill, and sentenced three years, at May term, 1860, by Franklin Common Pleas Court.

Pardoned December 3, 1861, because the judge would have sentenced only one year if he bad had the discretion. Defendant's character good when sober ; want of any malice, and the provocation given. The prosecuting attorney concurred with the judge. Conduct good in prison, and half the term served. Sentence too

severe.

JESSE JONES, Convicted of murder in the second degree, and sentenced for life, May term, 1850, by Hamilton county Common Pleas.

Pardoned December 4, 1861. The evidence shows no higher grade than manslaughter. Has been confined eleven years and a half. Uniform good conduct in prison, and encouraging indications of a thorough reformation. Respectability of petitioners, including the judge, nine of the jurors, and many other citizens.

JOHN LAPP, Convicted of assault with intent to commit a rape, and sentenced three years, June term, 1860, by Summit Common Pleas.

Pardoned December 4, 1861. Former character good. Served about half his

time. The judge, prosecuting attorney, and all the jurors, unite in asking his pardon.

JAMES HENDERSON, Convicted of manslaughter, and sentenced seven years, June term, 1857, by Monroe county Common Pleas,

Pardoned December 4, 1861. Strong doubts of the justice of the conviction. Has served between four and five years ; conduct good. Sentence disproportioned to the offense-a mere casual blow with a penenise, and perhaps in self-defense.

THOMAS MAHAN, Convicted of stabbing with intent to wound, and sentenced one year, June term, 1861, by Clark county Common Pleas.

Pardoned December 4, 1861. Good character always prior to conviction. Confined nearly half the time. Judge says he would have confined him in jail only, could be have done so. Facts correspond.

WENDALL SEGLER, Convicted of perjury, and sentenced three years, March term, 1860, by Hamilton Common Pleas.

Pardoned December 4, 1861. Has served more than half the time. Judge and prosecuting attorney recommend pardon. Punishment sufficient, in view of the circumstances.

DEVOLZO E. RICE, Convicted of slealirg bank bills, and sentenced four years, July term, 1861, by Fayette county Common Pleas.

Pardoned December 5, 1861. Physician of Penitentiary certifies to imminent danger of his death from tubercular consumption. The warden and directors concur in this opinion, and join in the application for pardon.

OWEN GLENNON, Convicted of grand larceny, and sentenced two years, February term, 1861, by Franklin Common Pleas.

Pardoned December 12, 1861. The accessible jurors and the judge say that new facts have come to light, that, if known, would have prevented verdict. Judge coneiders it a proper case for pardon. Conduct uniformly good in prison.

JOHN MODONALD, Convicted of burglary and larceny, and sentenced five years, November term, 1859, by Cuyahoga Common Pleas.

Pardoned Deceniber 14, 1861, because-1. Youth of defendant, only seventeen years; 2. Probably bis first offense ; 3. Strong probability of having been the dupe of others; 4. His conduct in prison uniformly good ; 5. Has served over two years of his term ; 6. Pardon recommended by all the jury and many other prominent citizens.

EDGAR F. VICKERS, Convicted of stealing a pair of geldings, and sentenced three years, November term, 1860, by Warren cuuaty Common Pleas.

Pardoned December 28, 1861, because it was his first offense ; conduct good in

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