HIS EXCELLENCY JOHN W. GEARY, c I rj I I I TO THE General Assembly i OF PENNSYLVANIA, January 8, 1873. HARK1SBURG: HKNJ. SINGE RLY, STATE PR1NTKH. 1873. MESSAGE OF HIS EXCELLENCY ;r JOHN W. GEARY WlTH COMPLIMENTS OF EARY. 8, 1873- HARRISBURG: BENJAMIN SINOERLY, STATE PRINTER, 1873. MESSAGE OF HIS EXCELLENCY ;T JOHN W. GEARY TO THE GENERAL ASSEMBLY OF PENNSYLVANIA, JAJNTJ.ARY 8, 1878- HARRISBURG: BENJAMIN SINOERLY, STATE PRINTER, 1873. MESSAGE. To the Senate and House of Representatives of the Common- wealth of Pennsylvania : GKXTLEMEN : In obedience to the requirements of the Constitution I have the honor of transmitting to you my sixth annual message. Since your last meeting the general course of events, both State and National, has been so pro- pitious as to afford abundant cause for mutual congratula- tion/ and of thanksgiving to that Almighty Providence whose will controls the destinies of all. While we have been exempt from the calamity by tire that has befallen the metropolis of a great sister State, her misfortune has inured to the benefit of our people by the enlistment of that sympathy for the suf- fering which is one of the most ennobling sentiments of the human heart. The seasons, though not so favorable for the productions of our soil as in some past years, have been suf- ficiently fruitful ; and no general epidemic has appeared to disturb the pursuits, or fill with sorrow the hearts of our population. Our mining industries, manufactures and in- ternal commerce are being constantly enlarged and extended, and their enterprising proprietors are generally receiving re- munerative returns. A great political conflict has occurred, resulting in a signal triumph of che same principles that were asserted in the restoration of the Union, the amendments of the Constitu- tion, and the reconstruction of the States. The victory in Pennsylvania was decisive of the victory in the Nation ; and will ever be remembered as an inestimable contribution to Mie harmony, prosperity and glory of the country. Theelec- ANNUAL MESSAGE OP THE tion of the soldier, who "is first in war," to the oflice thar makes him "first in peace," was an appropriate exhibition of national gratitude, and inspires the deepest feelings of satis- faction "in the hearts of his countrymen." While the Constitution wisely withholds from the Governor all power of interference in legislation, it imposes upon him the duty of laying before the General Assembly such infor- mation of the state of affairs, and recommending to their consideration such measures as he may deem expedient and important to the public welfare. I am happy to inform you that peace and good order have been maintained by the enforcement of just and equal laws, and the legitimate exercise of authority continues to find an enduring basis of support in the intelligence, affections and moral sense of the people. FINANCES. The credit of the State remains unquestioned abroad, be- cause her public faith has been inviolabty maintained at home. The following condensed statement of the receipts, expendi- tures and indebtedness of the Commonwealth is respectfully submitted : Receipts. Balance in Treasury November 30, 1871 $!, 476, 808 51* Ordinary receipts during the fiscal year ending No- vember 30, 1872 7, 148, 637 45 Total in Treasury during year ending Nov. 30, 1872, $.8, 625, 446 04 Disbursement*. Ordinary expenses paid during year ending November 30, 1872 $2,960,631 55 Loans, &c., redeemed 2, 476, 326 00 Interest on loans paid 1, 706.032 88 Total disbursements $7 ? 142, 990 43 Balance in Treasury November 30, 1872 $1, 482, 455 61 GOVERNOR OP PENNSYLVANIA. 5 PuUic Debt. The public debt on Nov. 30, 1871, was, $28. 980. 071 73 Add Chambersburg certificates 299, 748 91 Add Agricultural College Laud Scrip fund, held in trust, as per Act ap- proved April 3, 1872 500. 000 00 -$29,779,820 .64 Deduct amount paid by Commissioners of the Sink- ing Fund during the year ending Nov. 30, 1872 ... 2, 476, 326 00 Public debt, November 30, 1872 $27. 303, 494 64 Deduct assets in Sinking Fund $9, 300, 000 00 And cash balance in Treasur}' , i, 482, 455 61 Amount of assets and cash $10, 782, 455 61 Balance of public debt unprovided for $16, 521, 039 03 which can be extinguished in ten years by the annual payment of one million six hundred thousand dollars. Daring the last six years payments on the debt have been made as follow: Amount paid in 1867 . v , $1,794,644 50 Do 1868 : 2, 414, 816^64 Do 1869 472,406 18 Do 1870 , 1,702,87905 Do 1871 2,131,59017 Do 1872 2, 476, 32G 00 Total payments $ 10, 992, 662 54 Being a little over tii-enty-nine per cent, on the debt due De- cember 1, 1SGG, which was then 837,704,409 77. Sinking Fund. In remarking upon this subject, I trust it will be instruc- tive to refer, briefly, to some of the facts relating to the accu- mulation and payment of the public debt, and the origin of the assets arising from the sale of the public improvements. l the State, it is obvious, that while those of other States rarely failed to become sources of revenue, the management of ours was such as to produce results widely different. A large ma- jority of the tax-payers, therefore, after long and patient en- durance, becoming dissatisfied with their management, de- manded they should be sold ; assuming it would be a measure of economy, and would prevent an increase of the public ob- ligations. The construction of the improvements resulted in a public- debt, which, in 18.32, reached its maximum, $41,524,875 37. The interest, premiums and other expenses that have been paid upon the debt, from its incipiency to November 30, 18 r <2, sum up $76,845,744 99 ; and make the entire expenditure on account of the public works, 118,370,020 36. In pursuance of law r the State canals and railroads were sold in 1857, for eleven million dollars in bonds; upon which the State has received $1,700,000 00 in cash, and $9,300,000 00 remain in the hands of the Commissioners of the Sinking Fund, as follows, viz : Bonds of the Pennsylvania Railroad Company, secured by lien on the Philadelphia and Columbia Railroad, 5,800,000 00 Thirty-five bonds of the Allegheny Valley Railroad Company, each for $100,000, guarantied by the Pennsylvania Railroad Company, Northern Central Railwaj 7 Company, and the Philadelphia and Erie Railroad Company, payable $100,000 annually, be- ginning January, 1875, bearing 5 per cent, interest from January 1. 1872 3,500,000 00 Amount of assets 9, 300, 000 C*i QOVERNOR OP PENNSYLVANIA. 7 Remarks on the foregoing Financial Statements. The proper and efficient management of the finances is one of the most important duties of the administration of the State government. The collection of the revenue ; the eco- nomical expenditure; the safe keeping of the public moneys, and well-guarded appropriation hills, are always questions of deep interest to the tax-payers of the State. It is a lasting honor to the people of Pennsylvania, that they have never, even when struggling under the most op- pressive burdens, permitted the integrity of the State to be doubted, and now it cannot be otherwise than gratifying to them, to learn the rapid extinguishment of the public indebt- edness, the greater part of which was incurred for improve- ments, which* as herein already shown, utterly failed to be advantageous to her coffers. The rapid reduction of the State debt, and the reduction of taxation, have gone hand in hand thrpughout my entire administration, and have constituted a marked portion of its policy, attesting, at the same time, the concurrence and wisdom of the Legislature, and the fidelity of those who have been the custodians of the public funds. This policy should be continued, and no attempt to cover up or conceal the actual expenses of the government should be made for the purpose of obtaining the people's consent to appropriations, or enterprises of doubtful propriety; which propositions, if coupled with a condition to raise the money by immediate and direct taxation, would be unhesitatingly rejected. The Legislative appropriations, during the last six years, made in aid of the various institutions for the support of the deaf, dumb, blind, insane, feeble-minded, friendless, wan- derers, orphans, soldiers' homes, hospitals, universities, houses of correction, penitentiaries, and the payment of military ex- penses, incurred during the war; expenses of government, ANNUAL MESSAGE OP THE common schools, ami soldiers' orphans' schools, amount to about $17,000,000 00. The expenses of the soldiers' orphans' schools alone, dur- ing the same time, is $3,407,543 11, and, although it is a most noble and patriotic expenditure, it is, nevertheless, an unusual one, and if such a necessity had not existed, the reduction of the State debt, during their existence, would have been nearly fifteen million dollars. During the past six years, the current of legislation has been steadily in favor of reduced taxation. Not only have numerous local laws been enacted, exempting churches, ceme- teries, schools, hospitals and other institutions from taxation, but many general laws of the same character have been passed, as is shown by the following enumeration : By the "act to amend the revenue laws," approved, Feb- ruary 23, 1800, all real estate in the Commonwealth was thereafter made exempt from taxation for State purposes. By the act approved March 30, 1800, all persons who served nine months or upwards in the military service, or who were honorably discharged therefrom by reason of wounds or physical disability contracted therein, and their property, were exonerated from all bounties, and per capita tax and military tines. The act of April 29, 1807, repealed all laws requiring pay- ment of taxes to the State on sales of loans and stocks by auctioneers. By the act of April 10, 1807, all trustees, or owners ot property to the value of thirty-live thousand dollars, used for soldiers' orphans' schools, were exempted from all "county, road, city, borough, poor and school taxes." By the act of April 4, 1808, and the supplements thereto. u all mortgages, judgments, recognizances, and moneys owing upon articles of agreement for the sale of real estate," were made " exempt from all taxation, except for State purposes." GOVERNOR OP PENNSYLVANIA. !) By act approved January 3, 1868, all laws therein recited were repealed, which imposed taxes upon " the shares of stock held by any stockholder in any institution or company- incorporated under the laws of this State, which in its corpo- rate capacity is liable to, and pays into the State Treasury the tax on capital stock imposed" by the acts therein recited. The act of June 2, 1871, repealed so much of the law of April 20, 1844, as imposed a tax of two per cent, on salaries, trades, offices, occupations and professions. And by the act of April 3, 1872, the sixth section of the law of April 21, 1854, was repealed, which imposed a tax of one-half of one per cent, on the capital stock of all corpora- tions created under laws "to enable joint tenants, tenants in common, and adjoining owners of mineral lands, to manage and develope the same." In view of these facts, the practical questions now are, can any further reductions be properly made? And if so, on what subjects ? Heretofore on several occasions 1 have invited the atten- tion of the Legislature to the importance of adopting a more liberal policy towards those citizens who are engaged in in- dustrial enterprises which employ large numbers of working- men, and tend to develop the resources of the Commonwealth. Involving great risks, and requiring for their successful con- duct a large amount of capital, these operations have been, in the main, conducted by means of associations, organized under the general laws which regulate the incorporation of manufacturing, mining and improvement companies. These laws, while they resemble in their principal features the liberal systems in force in other States, fail in their ostensible purpose of encouraging manufacturing industry, because the privileges they grant are enormously burdened with taxation. This may be illustrated, by supposing the case of twenty persons, who each subscribe five thousand dollars to the stock of a company organized for the purpose of producing oil, or 10 ANNUAL MESSAGE OP THE mining ore or coal, or manufacturing cotton or woolen goods, iron or steel, or any other commodity. The fund thus created must be expended in lands, buildings and permanent improve- ments, it-Inch are taxable for all purposes to the same extent as if they were owned by an individual operator. In addition to tli is the company must pay a bonus of one-fourth of one per rent, to the Commonwealth upon its stock amounting to the sum of tiro hundred and fifty dollars. It is thereafter liable to an annual tax upon its capital stock at the rate of one-half mill for each one per cent, of dividends made or declared. In case of no dividends having been made or declared, then three mills upon the appraised value of the stock. Also, a tax of three per cent, upon the entire amount of net earnings or income. Also, a tax of five per cent, on all interest paid to bondholders and other creditors. (For all these taxes, see act of May 1, 1868.) An individual, wealthy enough to furnish a hundred thou- sand dollars in similar business, would be wholly free from these exactions. The State imposes none of these burdens upon him. It does not keep an espionage upon his business, or demand from him sworn statements of his annual profits. It discriminates in his favor against the association of small capitalists which it professes to encourage. And without sharing in any of the stockholder's risks, it makes itself a partner in their profits and follows them with a grasping hand, and a never-ceasing official vigilance of an inquisitorial char- acter over their affairs. Such conditions are unknown to the laws of New England, New York and other rival manufacturing States, which, with- out exception, carefully prohibit duplicating of taxes upon their own industry. Stock in manufacturing companies is generally taxed by them at its value, like other personal pro- perty, but first the value of all real estate represented by the stock is deducted, and made taxable like the property of other individuals in the region where the lauds are located. It is by such liberal provisions that these States have fostered GOVERNOR OF PENNSYLVANIA. 11 their industries and maintained a monoply of capital and supremacy in manufactures. The western and southern States, for many years our cus 7 roniers, are beginning to be our rivals : and desiring to draw to themselves the benefits flowing from diversified industry, they are enacting the most liberal laws for the encourage- ment of corporate and individual efforts to establish manufac- tories, and in addition to this, towns and cities are giving large subsidies to secure the erection of mills and factories within their limits. Notwithstanding the discovery of large bodies of coal in the western States, and their close prox- imity to vast masses of pure ores, Pennsylvania would still possess at least equal, if not superior, attractions for the in- vestment of capital, were it -not for her oppressive tax laws ; all of which have a tendency to drive capitalists beyond her borders to seek locations less burdened for their investments. Nothing but very strong necessity could justify such a variely of taxes upon the same thing. And if any justifica- tion ever existed, I believe it to exist no longer. The time has come when, with proper diligence in collecting and economy in expenditures, the State can well afford a reduc- tion of taxation ; and legislation in that direction should be such as to relieve the undue burdens of taxation from every form of productive industry. I would, therefore, recommend that the enrolment tax upon private acts chartering indus- trial companies, and the bonus upon stock of such companies when organized under general laws, be considered a full equivalent to the Commonwealth for the privileges of a char- ter; and that all State taxes upon capital stock, net earn- ings and dividends of manufacturing, mining and improve- ment companies, and all co-operative associations, be re- pealed. This reduction will amount to $549,554 23 the sum collected last year. I also recommend the repeal of that source of revenue known in the Auditor General's report as " Tax on Loans," which amounts to $492,407 28. 12 ANNUAL MESSAGE OP THE It is confidently believed that with these proposed reduc- tions, which amount to $1,041,961 51, the State can still pay all her current expenses, the interest on the public debt, and make an annual reduction of at least one million five hundred thousand dollars upon the principal. GEOLOGICAL SURVEY. Numerous communications, signed by* many enterprising and intelligent citizens, continue to reach me, on the subject of a geological and mineralogical survey, urging me to com- mend it to your careful consideration. In my annual messages of 1870 and 1871, I laid before the General Assembly the necessity for a continuation of the sur- veys already made, in order that the mineralogical resources of the State should be more fully and perfectly ascertained ; and expressed the opinion that the results would be interest- ing and valuable, not only to our citizens individually, but to the entire country. Assurances have been given by the officers of the "United States Coast Survey" of the great interest they will take in our State, in the event they carry out their intention to cross the continent to connect the "Ocean lines of Coast Surveys." This connection will pass through Pennsylvania, and will ma- terially assist in determining and establishing one or more points in each county through which the line will pass, aid in triangulating so far as to enable us to rectify our county maps and connect them in a correct map of the State. And as the State Geologist progresses with his studies and examinations, he should cause to be accurately represented upon the cor- rected maps, by colors and other appropriate means, the va- rious areas occupied by the different geological formations, and place them in the possession of the people, for their in- formation, prior to the completion and publication of a full account of the survey. A State map of the kind indicated, with all the discoveries marked in proper colors thereon, would give to the thousands OP PENNSYLVANIA. 13 of visitors from our own country and from foreign lauds, who will attend the Centennial celebration, some approximate idea of the incalculable wealth beneath the soil of our State ; and would have an importance in their sight that could be con- veyed to them in no other possible manner. The expenses of a geological corps, properly organized, and such as would be competent to perform the duties required, have been carefully estimated, and will not exceed forty-five thousand dollars for the first year, and need not be quite as much annually thereafter. In recommending this measure two years ago, I said : " For want of a proper bureau of sta- tistics, and a corps of observation and publication to collate and relate the facts of our geology and mineralogy as they have appeared, the State has already suffered severely. Much valuable information has been lost, never to be recovered ; and but little certain knowledge of past mining, and other scientific operations, has been preserved to govern and assist the future engineer. It is, therefore, neither wise nor just policy to delay this work under the pretext that it may be more perfectly effected at some future time. There is a pre- sent necessity for it, though the time never will come when such a work can be considered perfect. New developments in mineral resources, as well as additional acquirements in scientific knowledge, will constantly be made as long as the world exists. The sooner, therefore, in rny opinion, a thor- ough survey is authorized, the better it will be for the pro- spective interests of the State, as well as for its present ne- cessities." The golden destiny of the Pacific States may well be en- vied ; but our coal, ore, oil, lumber and soil are a much better foundation for wealth and permanent greatness than the pro- ducts of all their placers, and the transient prosperity they have produced. Let us build upon an enduring basis and the world will forever pay a golden tribute to our products and industries the true wealth of Pennsylvania. 14 ANNUAL MESSAGE OF THE BUREAU OF LABOR STATISTICS AND OF AGRICULTURE. By an act approved April 12, 1872, establishing- a ''Bureau of Labor Statistics and of Agriculture," the Governor was authorized to appoint a Commissioner of that Department. Accordingly Thomas 0. Macdowell, of Dauphin county, was appointed. He immediately established his office in the Capi- tol building, as required by the act, and commenced the work of collecting the necessary information and arranging the statistical tables, in proper and convenient form to be laid before the Legislature, and for distribution among our citi- zens. The functions of the commissioner embrace the examina- tion of nearly all the varied industries of the State, and are defined in the act as follows: "The duties of such officer- shall be to collect, compile and systematize statistics, with reference to the subject of labor in its relations to the social, educational, industrial and general condition, wages and treatment of all classes of working people, and how the same affect our pertuaueut prosperity and productive industry. It shall also be the duty of such Bureau to collect, collate and classify statistics relating to the mineral, manufacturing, agri- cultural and commercial productions of this Commonwealth." The fourth section makes it the duty of the chief of such Bureau to report annually to the Legislature, in convenient form, the result of his investigations. The act does not appropriate any money to defray the ne- cessary contingent expenses of putting the Department in working order, nor does it prescribe the manner of obtaining the information required, or that it shall be furnished ; and it leaves the commissioner without any means by which he can obtain it, except by the voluntary act of those engaged in business. These were evidently over-sights which will doubt- less be corrected by an appropriation, and by the passage of such enactments as will enable the commissioner to procure, GOVERNOR OF PENNSYLVANIA. 15 from the proper sources, the information required to cam- out the intent and meaning of the law. When it is remembered that Pennsylvania ranks second in population ; second in manufactures ; sixth as a wheat grow- ing State, and first in point of mineral wealth and resources, among the States of the Union ; it should not be a question of dollars and cents, whether her vast and varied resources shall be left to be developed by the slow process of casual discovery, or be properly introduced to the notice of capital- ists at home and abroad, by authorized and official state- ments of facts. The information that will be furnished, will not only be of great practical value to the citizens of the State, but it will afford the representatives of the people, who are charged from year to year with the responsibilities of legislation, the best and most compendious source of information, the im- portance of which can only be estimated by experience. Pennsylvania stands pre-eminent for her mineral resources, possessing, as she does, the only known anthracite coal fields, of any consequence, whilst her iron ores, and oil are a source of inexhaustible wealth, that defies computation. A few items only are necessary to prove the correctness of these re- marks. The production of coal, from the anthracite regions, in 1820, was 365 tons; in 1870 it reached the enormous amount of 19,951,585 tons, and it is estimated that the pro- duct will be swelled in 1872, to upwards of 22,000,000 tons. If the increase in the production of anthracite coal has been so rapid and wonderful in a period of fifty-two years, who can estimate its growth within the next half century ? The product of our bituminous coal fields, in 1870, foots up 14,- 9u8,4G5 tons. The two make an aggregate of 34,920,050 tons for that year. Meanwhile, the development and growth of the oil pro- duction of the north-western counties, almost challenges the credulity of our people. From August, 1859, when Drake 1(> ANNUAL MESSAGE OF THE sunk the first well, to the close of 1864, the production was 221,000,000 gallons, yielding the sum of $29,820,000. In 1MU, about 02,000,000 gallons were refined, the average price of which, in bond, at New Yorkj (sixty-two cents per gallon,) gave a value of $38,440,000. The entire production, up to 1808, was 327,<59i. ) ,r>24 gallons, equal to 8,493,339 barrels of crude oil. There is no doubt the future reports of the commissioner will disclose an equally rapid increase in the production of oil, and other facts concerning it not less gratifying. The remunerative prices paid at present for pig metal is inducing the erection of a large number of first class fur- naces, which will materially increase the wealth of the State, and give a new impetus to other branches of business depen- dent upon their products for active and profitable results in the near future. There are other questions of much interest to the public welfare, which can only be evolved with any degree of cer- tainty by careful investigations ; such as those affecting the health, comfort and general well-being of the people, but more especially the industrial classes, who are the main dependence of the State for its continued prosperity. The question of labor, in all its relations, is one that constantly engages a large share of attention, and the subject can only be intelli- gently and properly legislated upon, after the researches of the statistician are laid before the Legislature, with such ac- companying testimony, as will reduce to a demonstration the abuses which exist in our social system. Much might be said in this connection, but your patience shall not be unduly taxed by more extended observations, as I am confident the question of labor, in all its relations, cannot fail to engage the serious attention of enlightened and patriotic representa- tives. In view of all the facts connected with the Bureau of Sta- tistics, I most earnestly bespeak for it liberal appropriations, as well as the fostering care of the Legislature. GOVERNOR OF PENNSYLVANIA. 17 CONGRESSIONAL APPORTIONMENT. On the night prior to the adjournment of the Legislature at its last session, a bill was submitted for ray approval ap- portioning the State into Congressional districts, for the pe- riod of .ten years, under the national census of 1870. The enactment was highly objectionable in many of its features ; and Congress then had under consideration a supplemental bill proposing an increase of representatives, that would give one additional member to this State. This afterwards be- came a law, thereby giving to Pennsylvania twenty-seven members of Congress instead of twenty-six, as provided for in the legislative enactment of the last session. The latter having failed to receive Executive approval, the Congression- al elections last October were held under the former law, and the three additional members apportioned to the State were chosen as members at large by the vote of the whole people. Hence, the duty of enacting another apportionment bill de- volves upon the present Legislature, and I request for it that careful and patriotic consideration required by the magnitude of the interests involved. STATE TREASURER, The sixth section of the sixth article of the Constitution declares that 4t A State Treasurer shall be elected annually by joint vote "of both branches of the Legislature." But the Legislature, by joint resolution, passed at two con- secutive sessions, and approved by popular vote at the last October election, has amended this part of the Constitution, by striking out the section above quoted, and inserting in place thereof the following : "A State Treasurer shall bo chosen by the qualified elec- tors of the State, at such times and for such term of service as shall be prescribed by law." 18 ANNUAL MESSAGE OF THE The adoption of this amendment will be officially pro- claimed on the second Tuesday of January, 1873, and will supersede existing laws for the election of State Treasurer by the Legislature. Inasmuch as no provision seems to have been made by law for filling' this office, from the first Monday of May next until an election can be had by the people under the amended Constitution, I invite the attention of the Legis- lature to this condition of the subject, and recommend such action as will carry out the amendment, and in the meantime secure so important an interest of the Commonwealth. CONSTITUTIONAL CONVENTION. The several duties imposed upon the Executive and Secre- tary of State, by the act of the last session authorizing the convention, were duly performed. The delegates having been chosen at the October election, convened in this city on the twelfth day of November. The convention, after completing its organization, appointing its standing committees, and adopting rules for its government, adjourned to meet at Phila- delphia on the seventh of the present month. A careful revision of our fundamental law is imperatively demanded by the highest considerations of public welfare; and it is confidently hoped the action of that bod\ may be such as to meet the just expectations of enlightened public opinion. SANCTITY OF THE BALLOT-BOX Many of the laws now upon our statute books were de- signed to fortify the ballot-box against corruption and fraud, but practically they have often been rendered impotent for that purpose, and even for the prevention of fal'se returns. Numerous complaints have been made to me on this subject by many highly respectable citizens, who have requested that I would, once more, urge it upon the attention of the Legis- lature, and ask the passage of more stringent enactments for GOVERN Oil OF PENNSYLVANIA. 19 the suppression of such crimes against the rights of the citi- zen. Eedress for these wrongs is expected from the Consti- tutional Convention, and it is hoped the public expectations will be realized. It is believed, however, the Legislature can remedy some of the evils complained of, and your attention is earnestly invited to the subject, in order that whatever is practicable may be done to guard the purity of the ballot-box, and the rights of electors. WRITS OF ERROR IN CIMIXAL CASES. The attention of the Legislature is again invited to the im- portance of writs of error in criminal cases, and reference is made to my last two annual messages for the arguments and reasons why there should be additional legislation upon this subject. EDUCATIOX. With great propriety, the Superintendent, in the opening of his able report, congratulates the people upon the con- tinued growth and prosperity of our public schools. Their progress is clearly indicated by comparing the ex- penditures of the last six years, with those of the six years prior to 18G7, viz : Total cost for tuition from 1867 to 1872 $21,578,258 61 Total cost for tuition from 1861 to 1866 12,745,061 71 Increase $8,833,19690 Total expenditures of the system from 1867 to 1872, $42, 952, 152 11 Total expenditures of the system from 1861 to 1866, 19,590, 149 51 Increase $23,361,902 60 Pennsylvania, less fortunate than many of her sister States, has no school fund. The legislative appropriations amount only to about six hundred thousand dollars annually; but 20 AXXUAL MESSAGE OF THE the people, in the several districts, voluntarily vote all other moneys necessary to support the schools. The foregoing- statements briefly exhibit the deep and increasing interest entertained in behalf of popular education. Intelligence and virtue are conceded to be indispensable conditions of the permament existence and prosperity of any form of government. The necessity of these supports in- creases in proportion as the area of freedom and privilege is enlarged. It follows, from these unquestioned maxims, that the demand for general education is more imperative in the United States than in any other country. Our Constitution recognizes the people as the inherent source of all power. All participate in the great act of creating the country's rulers. The ballot decides all questions of choice, and fills all official positions, from that of the chief magistrate of the nation to that of the lowest town officer. This supreme and resistless power of universal suifrage, at once suggests the absolute necessity of universal education. The truth of these premises admitted, no argument is required to establish the conclusion. The common school system doubtless owes its origin to a common conviction that no people can be properly and per- manently self-governing, whose intelligence is unequal to the comprehension of their rights, privileges and responsi- bilities, or whose virtues are too feeble and imperfect to restrain them from a violation of those duties which they owe to their Creator and to each other. When the system was introduced, thirty-eight years ago, it was generally viewed in the light of an experiment. The act creating it made its adoption dependent upon the vote of the people in their respective districts. Their reluctant and tardy acceptance of the priceless boon is neither matter of sur- prise to us, nor reproach to them, when all the circumstances lire duly considered. Its present popularity is indicated by ;the entire absence of complaint, and a still more significant GOVERNOR OF PENNSYLVANIA. 21 readiness, by the people, to assume the expenses requisite for its constant improvement and efficient application. Doubtless many years must elapse before the full fruition of its influences c'an be received, but, meanwhile, it will be gradually mould- ing the popular mind into more perfect conformity with the requirements of our free institutions. Fortunately the old. prejudice against the system no longer exists ; but indifference, to a lamentable extent, occupies its place. From the report of the Superintendent it appears that the number of children in the State, who do not attend school, exceeds seventy-five thousand. This criminal neglect is most prevalent in the cities. In Philadelphia twelve per cent, of the children between the ages of five and fifteen years do not attend school. But more significant and alarming still, of the whole number registered as attendants, forty-six per cent, are absent from the daily sessions. In the State at large the unregistered amount to six per cent., and the absentees to thirty-three per cent. And, as was naturally to be expected, the resulting ignorance from this neglect has proved a fruit- ful source of crime. Sixteen per cent, of the inmates of the State prisons are unable to read. Obviously, therefore, it is not sufficient that the State makes ample provision. Such measures should be immedi- ately adopted as would secure a universal participation of the benefit. The children are not to blame. They naturally pre- fer freedom and amusement to the confinement and studies of the school room. Parents and guardians are the parties with whom the State must deal. She owes it alike to her own peace and security, and to the highest welfare of the children who are to be her future citizens, to see that they shall be rescued from the perils of ignorance. After careful and anxious deliberation upon all the facts, and their inevitable consequences, I recommend the adop- tion of a compulsory system of education. That a law to this effect will encounter objections is not to be doubted ; fr ino 'J'J ANNUAL MESSAGE OP THE view of the probability of sucli a measure, its opponents have already commenced to marshal their forces. In Norway, Sweden and Prussia this system was first adopted, and such have been its salutary effects that other ICuropean governments have made haste to follow their ex- ample. Austria, admonished by the defeat at Sadowa, France by the crushing disaster at Sedan, a^d England by the possi- bility of a real "battle of Dorking," have decreed by statute shut all their children shall be taught to read and write, in- fluenced by a conviction that knowledge gives increased prowess in war as well as capacity and integrity for the peace- till pursuits of life. And it is a fact of striking significance that none of the States that have passed such enactments have abandoned or repealed them. In passing from this topic, of paramount importance to the future well-being of the Commonwealth, I unhesitatingly express the hope that the day is not distant when through the Bureau of National Education, seconded by the concur- rent legislative action of the States, every child in the Ameri- can Union, without reference to creed, caste, color or condi- tion, will be thoroughly and effectually instructed in all the elementary branches of English education ; and that uniform text books, setting forth the true history and theory of our National and State governments, will be provided and intro- duced into all the schools of the country. Approximation of thought and opinion on these subjects is of vital consequence to the permanence of the Union, and the stability of our re- publican institutions. Had such a measure been opportunely initiated the war ot the rebellion would scarcely have been possible. Should you deem your powers inadequate to enact suitable laws upon this subject, the Constitutional Convention, now in session, should not hesitate to habilitate you with such authority, and thus lend their aid and influence in making GOVERNOR OF PENNSYLVANIA. 23 Pennsylvania the vanguard in the great mission of universal education. Fro:n the report of the Superintendent of Soldiers' Or- phans' schools, and other sources, I feel fully authorized in assuring you they were never before in a more flourishing and prosperous condition. Every child, legally eligible, and having made application, is now admitted to these schools. The whole number of ad- missions since 18^5 isG,429; the discharges from all causes 2,902, leaving in attendance 3,527, No larger number will probably hereafter be attained, and it may confidently be ex- pected that this number will be subject to an annual reduc- tion of at least 500, until the system shall have accomplished its mission. The entire expense of these schools to the State, since they went into operation in 1865, is $3,407,543 11. Their cost (luring the last year was $475,2-15 47. It is estimated by the Superintendent that the future expense, to the period of their linal extinction, will not exceed one million five hundred thousand dollars. The health of the children has been excellent. Their ex- emption from small-pox, while it was prevailing all around them, is remarkable; and no stronge: evidence of good man- agement and the propitious results of systematic vaccination, could be adduced. The exemplary conduct of the pupils after their discharge is one of the most gratifying circum- .stances connected with their history. The following state- irteut of the Superintendent will be highly satisfactory to the Legislature and the people: ''From the beginning of these schools to the present, the greater part of the children who have received their advantages have been honorably dis- charged. And from facts in the possession of the depart- ment, it appears that more than ninety-eight per cant, are doing ii'rll, and win likely to become upright and useful citizens" L>4 ANNCAL MESSAGE OP TIIK Among' the States of the American Union, Pennsylvania stands pre-eminent in her "care for the soldier who has borne the battle, and for his widow and orphan children," Her noble scheme for clothing 1 , educating*, maintaining and adopting the orphan children of her soldiers who gave their lives in defense of the National Union, is her own invention. In this the gen- erosity of her people has been imitated, but not equalled by those of any other State. To her will forever be accorded the leadership in this work of patriotic benevolence. It will form the brightest page of her history. It will seal the de- votion of her people to the common country ; and our legis- lators, in view of its benign influences, will continue to accord a cheerful and liberal support to a system so fruitful in bles- sing to the orphan children of our martyred heroes. Upon no material interest of the State is the influence of education more salutory than that of agriculture. Pennsyl- vania, by wise legislation, has authorized the purchase of threo experimental farms, and the establishment of a college, all of which are now in successful operation, and the results of the scientific working of the farms have already added much practical knowledge upon the general subject. The Agricultural College has j',.st closed a most prosperous year the number of students being one hundred and fifty which exceeds that of any year since the opening of tlie in- stitution. Any one, of three courses, is optional to the stu- dents, viz : Agricultural, scientific or classical, to all of which is added a general course of military instruction. The admission of females, which was first permitted sixteen months ago, has thus far worked exceedingly well. Thirty young women have availed themselves of the opportunity thus afforded to obtain a first-class education. All students are taught to regard labor as beneficial and honorable. The rule of the college requiring ten hours manual labor per week from the students is cheerfully complied with, and results advantageouslv to their health and comfort. GOVERNOR OF PENNSYLVANIA. 25 This State institution is pre-eminently the People's College. Its preparatory department receives students at a low grade, as well as tliose more advanced. This school is "cheap enough for the poorest and good enough for the richest," either hi rnind or estate ; and it aifords healthful exercise, instruction 'in use- ful labor, and free tuition in every branch of its ample courses of study. THE NATIONAL GUARD. For the details of the organization of the National Guard, and the general business of the Adjutant General's Depart- ment, your attention is invited to the accompanying report of that officer. At the close of the late war the State was without a single military division, and the few scattered companies which ex- isted at its commencement had been, generally, disbanded by the enlistment of their members in the active military ser- vice of the General Government. In 18GG the militia of the State comprised only eight volun- teer companies. Since then four hundred and eighty-three have been organized and one hundred and sixty-eight dis- banded the latter principally on account of the almost en- tire want of encouragement and support from the State, and their own inability to maintain themselves. To this fact is mainly attributable the reduction of the volunteer force in the First division (Philadelphia) during the past year. The Legislature, at its last session, having repealed all laws by which any military fund could be raised in that division, left its organizations entirely dependent upon themselves and the voluntary contributions of citizens. The organizations of the National Guard, not yet disbanded, consist of fifteen regiments and six battalions ; comprising, with unattached bodies, three hundred and twenty-three companies, viz : Six artillery, eight cavalry, and three hun- 2fi ANNUAL MUSS AGE OF THE died and nine infantry. The aggregate of enlisted men is 13.50 i, and of commissioned officers 1,12G. Convinced of the necessity, in time of peace as well as in war, of an efficient military force to maintain the civil au- thority, I have at all times entertained a deep interest in the military department of the State, and it affords me pleasure to say that the present condition of our volunteer organiza- tions is as complete as is practicable under the admitted im- perfections and illiberal provisions of our military laws. Where "the greater security of life and property" is the question involved, it would seem superfluous to employ argu- ments to convince any property holder, business man, or good citizen, that it was his individual interest to support a system designed to uphold the civil authority. But as practical illus- trations, of recent date, I may refer to the scenes of July, 1871, in the city of New York, as well as to those enacted in our own State, at Scranton, during the months of April and May, of the same year, and still more recently followed by the disturbance of the public peace in July last, which so seriously threatened the city of Williamsport. The civil arm of the law was paralyzed, and peaceable citizens were at the mercy of the rioters. Appeals came from the civil authorities and the people, for the protection of the military against tu- mult which they were unable to quell. The military of the iwirest divisions promptly responded to the call of the Execu- tive, the majesty of the civil law was vindicated in the sup- pression of the disorder, and at comparatively trilling cost to the State, the peace and quiet of two of her flourishing cities were restored, immensely valuable property preserved, and very many honest and industiious laborers enabled to resume the work on which the subsistence of themselves and their families depended. Such occurrences surely demonstrate both the value and necessity of a well organized and thoroughly disciplined National Guard to maintain the civil authority. 1 cite these circumstances as an act of official duty, and from a GOVERNOR OF PEXNSYLVAMA. 27 desire to avail myself of this opportunity of leaving on re- cord my appreciation of the importance of such action, on your part, as will maintain a well equipped, disciplined and reliable State military force. For a full statement of the disturbances at Williamsport, and of the operations of the military called into service, on appeal of the civil authorities, you are referred to the official statement of Major General Jesse Merrill, commanding- the llth Division, which appears at length in the Adjutant General's report. The discreet and judicious conduct of the Major General, and the officers and men under his command on that occa- sion, not only won the approval of the citizens of that com- munity, but entitles them to general commendation. Provision should be promptly made for the payment of the expenses necessarily incurred on pay rolls and accounts duly audited and certified by the proper officers; the amount of which will not exceed fifteen thousand dollars. PICTURE OF THE BATTLE OF GETTYSBURG. The period determined upon by the Legislature for the delivery of the picture of the ba'ttle of Gettysburg, painted for the State by P. F. Itotbermel, artist, having arrived, no place in the Capitol, or other public buildings at Harrisburg, was found suitable for its reception and exhibition. Finding that the picture could not long remain rolled up without considerable injury, and, perhaps, total destruction; with the approval of several members of the Senate and of the Mouse, I consented to place it in the hands of the Park Commis- sioners of Philadelphia, subject to the order of the Legisla- ture. A building HO feet long and 43 feet wide has been erected in Fairmonnt Park for the reception of this his- toric painting, within a few Hundred feet of the Green street entrance. The site is the very best that could have been 1>S ANNUAL MESSAGE OP THE selected to afford the public easy access. The gallery is per- fectly adapted for the safe keeping and proper exhibition of the picture. RECORDING DOCUMENTS AND BINDING LAW BOOKS. Under existing laws many important documents are filed in the office of the Secretary of the Commonwealth, which, for greater security, ought to be recorded in suitable books for that purpose. Prominent among those referred to may be enumerated papers relating to the merger and consolida- tion of railroad companies; the increase of capitalstock and bonded obligations of corporations under both general and special laws; correction of errors, and confirming corporate organizations; extension of charters and dissolution of cor porations ; the change of name of corporations and the loca- tion of their principal offices; the acceptance of the provi- sions of acts of Assembly by corporations ; and contracts to which the State is a party. This list might be extended, but enough -has been given to indicate the grave importance of the interests involved, and the necessity for the utmost care in preserving, in proper and accessible shape, the evidence of such transactions. 1 therefore recommend such enactments as will confer the authority required upon the Secretary ot the Commonwealth. The State authorizes the publication of the statute laws, and the distribution of them to sundry enumerated officers and persons. Justices of the peace and aldermen arc required to carefully preserve the copies received by them and hand them over to their successors in office. But the annual vol- umes being large, and bound only in paper covers, it is almost impossible to preserve them whole for any reasonable time. I recommend the passage of a law requiring them to be pro- perly bound before distribution. GOVERNOR OF PENNSYLVANIA. 2i) BOARD OF PUBLIC CHARITIES. .The eminent and philanthropic gentlemen, composing the Board of Public Charities have carefully investigated a num- ber of subjects which they deemed of sufficient importance to lay before the Legislature. Among them may be specially noticed Prison Discipline, a question now generally occupy- ing the attention of statesmen and philanthropists through- out the civilized world ; the condition and treatment of the insane and the workings of that class of institutions known as local charities, founded and conducted for benevolent pur- poses. These asylums are located in various parts of the State, mostly, however, in Philadelphia and Pittsburg. They arc performing an excellent work relieving the sick, indigent, infirm and neglected portions of our population. The Gen- eral Agent has devoted a considerable portion of his time to their inspection, the results of which will appear in his able report to the Board, in which he exhibits their character and the large amount of private charity bestowed upon them. This Board was organized during my administration, and I have entertained a deep and lasting interest in its labors. The gentlemen who compose it voluntarily devote their time, without compensation, to this noble work of benevolence. The impress of their intelligent efforts is every where per- ceptible ; and the large annual contributions of the State to charitable institutions have, under their supervision and ex- amination, been properly and systematically applied. The third volume of their reports will be submitted at an early day. It will present a large amount of statistical in- formation, and many interesting facts and valuable sugges- tions upon subjects of great importance. I cannot too strongly commend this Board the great regulator of State charities to the favorable consideration of the Legislature, and recommend such appropriations for expenses and addi- tional enactments as may be necessary to increase its efficiency. 30 AVNU.VL MESSAGE OP THE PENITENTIARIES AND REFORMATORIES. From a personal inspection of the penitentiaries, I am able to bear testimony to tbe evidences that were everywhere mani- fested of their general good management and excellent dis- cipline. The Eastern penitentiary has long been deservedly re- garded as the model prison in which the "separate" or "indi- vidual treatment" system of imprisonment is applied, and the annual reports of its faithful Board of Inspectors, embracing their observations and investigations, show that they have ele- vated the subject of crime-punishment almost to the dignity of a science. Among the circumstances that attracted my attention was the insufficient number of cells to carry out the "solitary con- finement" principle, and the incarceration there of a number of boys and youths for first offences, and of females untrained in crime. Sometimes two or more in one cell were thus uu- avoidaoly brought into associations which could scarcely fail to produce contamination of character and morals. I would, therefore, recommend that the Legislature enable the courts to sentence minors and females to the county prisons, where with proper teaching training in some handy-craft business- anil with due attention given to discipline, the object of pun- ishment would be more effectually attained ; and the peni- tentiary, thus relieved, would have cells sufficient for all ordi- nary purposes. It is a great mistake in almost all cases of minors convicted for their first, and often trivial offence, to send them to a State's prison ; because the punishment is less in its effect than the idea of degradation in the after-life of the prisoner. Such persons should be punished in the locality where the crime was committed, and the disgrace would not be so likely to permanently affect the character after the dis- charge of the prisoner. From 1829 to 1871, inclusive, only three hundred and forty- six femaleg were received in the Eastern penitentiary, and of GOVERNOR OP PENNSYLVANIA. 31 this number one hundred and twenty-seven were minors. These facts would fully justify the propriety of such action by the Legislature as has been suggested. The Western penitentiary contains ample space for present demands. It is conducted on the "combined" system of "soli- tary" and "congregate" imprisonment, the workings of which are giving entire satisfaction to all concerned. The commissioners from this State to the International Pri- son Congress, lately held in London, England, report that twenty-one governments were represented, principally by men who have made criminal legislation and penal treatment a study. America sent seventy-three delegates, representing penitentiaries, asylums and reformatory institutions. Among these were many experts in every branch of penology. The deliberations of the Congress continued ten days. Its results are difficult to estimate ; but it is hoped the great interests of humanity involved in the proper treatment of crime will be happily subserved among all civilized nations. The managers of the "Pennsylvania Reform School" (late the Western House of Refuge) propose to change their loca- tion from Allegheny City to a farm, containing 503 acres, in Washington county, seventeen miles from Pittsimrg, near the Chartiers Valley railroad, and adopt for its government the best features of what is known as the "family system" of juvenile reformatories. These will mainly consist in the abandonment of walls, bolts and bars for confining the chil- dren ; and in an earnest effort govern them through sympa- thy and kindness, and prepare them for useful occupations. The Board will ask an additional appropriation to pay for the land and improvements. SANITARY REGULATIONS. Of all my official recommendations, I deem those most important which relate to the public health. Facilities for the material development, and the accumulation of wealth, 32 ANNUAL MESSAGE OF THE estimated at their highest value, are of. but minor consequence when compared with the preservation of life itself. "All that ji man hath will he give for his life ! " At the time of pre- senting my last annual message, small-pox was fearfully prevalent in Philadelphia and in many towns and populous districts of the State. I then called attention to the subject, and in the strongest terms at my command, urged the im- perative necessity of adopting such measures as would arrest the disease and prevent its re-appearance. My suggestions, however, were utterly unheeded by the Legislature. The dreadful scourge extended itself into the first half of the past year, and^ in the absence of well known preventives, it would be presumption not to expect its annual return. Neither tin- extent of its ravages, nor the fatal character of the disease, last year, is generally known to the public, or, I am confi- dent, there would have been such an outcry as would have compelled immediate attention and relief. Among the un- vaccinated, the ordinary proportion of deaths has been thirty- three per cent. ; but the recent death-rate in Philadelphia amounted to nearly forty-seven per cent. This is fearful to contemplate, and yet, more fearful still the fatal per- centage has been nearly sixty-six in the country at large. This is mainly the result of an indifference, so reckless, as to be absolutely unaccountable. I am thoroughly convinced, that the deplorable results now alluded to, might have been prevented, by opportune legislation. The testimony of the most scientific schools is to the effect that vaccination, pro- perly administered, is a sovereign antidote. The highest medical authorities unqualifiedly affirm small-pox to be a disgrace to any civilized land ; that there is no necessity for its presence, and that if every person were properly vacci- nated every seven years, the disease might be utterly exter- minated. I am assured of the correctness of this opinion by my personal observations in the army, both in Mexico and tlie United States. Soon after our camps were pitched upon GOVERNOR OP PENNSYLVANIA. 33 Mexican soil, the disease made its appearance among our troops. By an order from General Scott, the whole army was immediately vaccinated, and the small-pox was at once driven from our lines. The same result followed the appli- cation of the same remedy in the army of General Sherman, during his famous march u to the sea," and, more recently, in our very midst we have been favored with an illustration equally striking and conclusive: Our schools of soldiers' orphans, in which there are upwards of thirty-five hundred children, being under the absolute control of the State au- thorities, a regulation enforcing universal vaccination, could be, and was, adopted. The result is, that not a single case of small-pox has occurred in them. My object in submitting these remarks to you is not so much for the purpose of convincing you of the truth of a proposition which but few attempt to dispute, as to ask the immediate enactment of remedial measures. It remains, therefore, only to consider how the object to be sought may be most speedily and effectually accomplished. In reply to this question, I earnestly recommend the passage of an act providing for compulsory vaccination, which should have such penalties annexed as would insure its undoubted enforcement. I also recommend an enactment establishing a State Board of Health, whose functions shall be discharged under the aus- pices of the Legislature. Such an organization would be in- dispensable to the vigorous and comprehensive execution of a law making vaccination compulsory, and would be emi- nently serviceable in enforcing such other sanitary regula- tions as might be deemed essential to the protection of the public against small-pox and other contagious diseases. The State Board might be constituted somewhat upon the model of the Board of Public Charities, with the addition of local boards for the counties, cities and larger towns. The expense of such a system would not be worth a thought, when com- pared with the value of the benefits that would be conferred 3 34 ANNUAL MESSAGE OF THE by its operation. At all events, it would be r ar less than the cost in human lives annually sacrificed by the diseases it would be designed to prevent. It is not possible to estimate correctly such values. But for the purpose of illustration, the calculation of an eminent physician may be accepted. Dr. Ackland, of England, sets down every death by a preventa- ble disease as a loss in money of 100, and PARDON REPORT. Report of pardons granted and death warrants issued during the year ending November 30, 1872, respectfully submitted for the infor- mation of the Legislature and the people of the Commonwealth : 1. JOHN LENNOX. Washington county. Murder in the Second Degree. May 25, 186T. Eight years in Western Penitentiary. Par- doned November 27, 1871. Recommended by Hon. W. M'Kennan, Hon. Geo. V. Lawrence, Hon. John Hall, U. S. marshal; Boyd Cum- mins, Janthus Bentlej-, W. W. Smith, C. M. Reed, J. M. Voyers, Win. Wakman, W. C. Ramsey, sheriff; D. M. Donehoe, prothonotary ; .Samuel Ruth, clerk of courts ; J. N. Hamilton, register ; John P. Charlton, recorder ; James B. Gibson, treasurer; S. M. Bell, Jos. M. Spriggs, J. W. Baker, Win. Quail, Alex. Rankin, Samuel Ruth, W. II. Bradin, D. F. Patterson, Alfred Creigh, Samuel Fulton, John Allen, Geo. S. Hart, J. S. Hammond, Wm. Montgomery, Chas. C. White, Robert Wylie, Thaddeas Stanton, Jesse Jordan, B. F. Uasson, James S. Stocking, Wm. Workman, James Sterman, Chas. M. Rupple, Henry Gantz, the jurors in the case ; Isaac H. Langdon, John Earwi/r, B. L. Craven, Thos. Warrell, James Brother, Wm. Lyons, George Ilainlit>, Joseph M'Curry, James Rainey, S. Mancha, Robert Orr and J. V. llea. Reasons: Lennox has already suffered an imprisonment of over six years ; he is now over fifty years of age and in failing health ; thu crime was committed during great political excitement, and under great provocation ; the sentiment of the community in which the crime occurred is favorable to his pardon, and the ends of justice have been fully subserved by the punishment already inflicted. 2. BENJAMIN DILLEY. Luzerne county. Keepiny a Gambling House. September 23, 1871. Fifty dollars fine and three years in Eastern Penitentiary. Pardoned November 29, 1871. Recommended liy Hon. Thomas Collins, associate judge; E. S. Herriam, district attorney ; I. M. Kirkend, mayor of Wilkesbarre ; F. U. Collins and P. Pe Lacey, members of the Legislature . H. Armstrong, Hendrick B. f,0 PAKDON REPORT OF THE \Vright, Rev. Thomas P. Hunt, Gen. E. S. Osborne, Charles Parrish, W. II. Hibbs, E. J. Adams, E. J. Sturdevant, R. S. Hollingshead, \Vm. C. Yost, Charles Pike, R. J. Flick, John Faser, E. W. Sturdevant, J. II. Flin, R. Barn, Edmund Taylor, A. 13. Weil, Daniel Ilarkins, Jonas Long, J. R. Coolbaugh, De Witt C. Cooley, S. Coben, A. Morse, A. Hoffheimcr, II. Ansbacher, and more than three hundred other citi- zens of Wilkesbarre. Reasons: Dilley never kept a gambling house ; his offence consisted in allowing some persons, once only, to occupy a room to play faro ; a conviction could not have been bad with the facts properly laid before a jury ; has hitherto borne a good character; and recent bereavements render his pardon almost indispensible. 3. JAMES WILLIAMS. Delaware county. Assault and Battery. No- vember 27, 1871. One hundred dollars line and ten days in county prison. Pardoned December 1, 1871. Recommended by Hon. James Pollock, George II. Stuart, W. J. Wylie, William Ray and others. Reasons : He has always been a well disposed and inoffensive man ; the assault and battery was provoked by gross and long continued personal abuse. Fine paid ; imprisonment only remitted. 4. JOHN MAGINNIS, WILLIAM M'COLLEY, ABRAM HANES, JOSEPH SNYDER, HENRY SEAMON, JAMES JACKSON and ANDREW SHEI-PARD. Philadelphia. Assault and Battery. November 2, 1871. Three months in county prison. Pardoned December G, 1871. Recom- mended by John Wismer, Clement Wilson, Jeremiah Murphy, Win. Cooper, Charles Hard, Marshall Scott and John G. Gilliams, seven of the jurors on the case; Hon. Leonard Myers, John O'Byrne, John Lamon, Win. R. Leeds, Joseph Moore, F. T. Walton, Albert Emerick, William Montgomery, J. Swartz, F. B. Davis, Louis Schurk, Henssler Horley, Kesler & Delaney, Thos. Oram, Henry Charlton, William Oram, Isaac Bass, Edward T. M'Enau, William Murray, Henry Mercer, S. H. Atkinson, Martin C. Cramp, Adam P. Hill, Robert W. Dunlap, Wm. II. Weston, John Craig, John L. Stewart, Frederick Sinister and others. Reasons : On the trial of their causes they proved unblemished characters for peace, industry and sobriety ; the evidence against them was conflicting ; they are yet merely boys, are deeply penitent, and there are many extenuating circumstances con- nected with their offence. f>. DAVID JILLIARD. Wayne county. Manslaughter. May 9, \ One hundred dollars flne and five years in Eastern Penitentiary. P:;r- GOVERNOR OF PENNSYLVANIA. 51 doncd December 7, 1871. Recommended by F. B. Penneman, W. Dimmick, A. M. Atkinson, C. 13. Jadwin, E. A. Penneman, II. Wilson. C. S. Minor, Geo. G. Waller, C. P. Waller, 11. S. Porin, Jno. R. Rose, Samuel E. Dimmick, C. F. Elder, II. R. Beardslee, Geo. S. Purely. John M'Intosb, T. M. Crami, Thos. Collins, J. Robinson, Thn ? . .1. Walsh, E. 15. Bu.mb.ard, Sydney Broadbent, Edward Sharp, II. J. Kellej', and upwards of two hundred other citizens of Wayne county. Reasons : The defendant did the killing in defence of his wife's honor ; the deceased entered the house of the defendant partially intoxicated and refused to leave when ordered to do so ; that he used grossly in- sulting language to the wife of the defendant, and, at least, twice attempted to enter her chamber for the avowed purpose of committing an outrage upon her person. G. HENRY S. CORE and SAMUEL STAMBATJQII. Lebanon county. Rape. November 19, 1870. One hundred dollars fine and two years and six months in the Eastern Penitentiary. Pardoned December 15, 1871. Recommended by Hon. John J. Pearson, president judge : Hons. John E. Kinports and Joseph Coover, associate judges ; Hon. J. K. Killinger ; Jacob Shelly, Joseph R. Henry, Philip F. M'Cauiey, Samuel Beck, John H. Ulrich, Felix Light, T. T. Worth, W. M. Kauf- man, F. A. Shultz, J. S. Shultz, Jas. E. Cherrington, Geo. M. Lininger. W. Zimmerman, Samuel Shoop, Seth K. Smith, L. Z. Sack, J. M. Zimmerman, W. E. Eck, M. R. Hunter, J. B. Shultz, E. S. Garrett. Daniel A. Mizener, Elias Wallace, James Wallace, J. II. Henry, Philip J. M'Cauley, Samuel Beck, J. H. Ulrich, Henry Kreizin, Samuel Crause, I). Mosser, C. Woolison, P. Spangler, J. S. Mayer, J. II. Weirick, J. X. Shirk, H. H. Carmany, F. Noll, W. D. Bassler, M. Myers, J. Loose, G. W. Donges, W. II. Coover, and many others. Reasons : Prior to the commission of this crime, the defendants bore excellent characters ; public prejudice was greatly excited against them at the time of their trial, and the testimony on which they were con- victed was doubtful and contradictory; and the facts do not justify further punishment. 7. WILLIAM CLINTON. Allegheny county. Adultery. July 15, 1871. One hundred dollars fine and six months in county work- house. Pardoned July 26, 1871, but fine not remitted. Recom- mended by Hon. Jas. S. Negley, Samuel Kilgore, Thos. A. Powley, A. P. Logan, J. M. Creighton, Wm. B. Compton, J. P. M'Intyre, Joseph T>2 PARDON REPORT OF THE Fleming, A. L. Pearson, Richmond Thompsou s Joseph Brown, James Taylor, A. M. Brown, Richard Thompson, Robert Dickson, Patrick M'Gonegal, Charles Jeremy, S. Gillings, W. J. Hammond, J. A. Robinson, Thos. II. M'llvain, G. W. Schmidt, W. J. Anderson, W. J. Gilmore, W. J. France, R. II. Wilson, James Irvine, Jas. B. Hart, O. M. Barr, Thos. W. Davis, Win. I). Taylor, J. E. M'Elvy, John Dalzell, Samuel B. Cluley, Chas. C. Small, Thos. I). Blair, Samuel Musgrave, Thos. J. Barbour, R. M. Crawford, W. J. France, D. Pan- coast, 1). Ilaworth, R. II. Wilson, Jas. P. Hoke, Hugh S. Fleming, and about one hundred others. Reasons : The defendant had always been an upright citizen ; he has been amply punished for the crime alleged to have been committed ; and Hon. Edwin S. Stowe, associate law judge, writes : " I believe Mr. Clinton has been sadly victimized by the father of this girl. * * * * I feel convinced, from what I have heard since the sentence, that the matter was only pushed on as a means, or because of a failure to secure more money." 8. SAMUEL W. FREEBURJJ. Dauphin count}'. Obtaining Goods by False Pretences. December 7, 1871. Six months in county prison. Pardoned December 23, 1871. Recommended by Horr. David Mumma, Wm. K. Verbeke, Rud. F. Kelker, George Bergner, Edward Birming- ham, John Till, Richard Updegrovc, P. H. Ryan, A. P. Erb, Wm. S. Shaffer, Dan'l A. Muench, Christian Heikel, sheriff; C. S. Funk, E. Byers, E. S. Zollinger, John L. Speel, Chas. II. Tunis, G. W. Sim- mons, James Nicholson, 0. B. Simmons, John J. Shoemaker, John W. Young, D. Stockton, and F. K. Swartz. Reasons: The affidavits of Edward Martin, Amelia Iloke, and Rebecca Freeburn, state that the liquors for the purchase of which, through false pretences, the prisoner was convicted, were bought by him at the urgent request of the prose- cutor, and that the prosecutor asked him no questions concerning any property of the said defendant, and that no representations were made by him that be owned any property. William II. Egle, M. D., prison physician, writes of the prisoner : "It is not probable that he would be able to serve out his time by such close confinement, and hence I earnestly recommend his release." Freeburn has since died. 9. BERNARD BRANNON. Philadelphia. Ihirglary. March 11, 1871 Two years in Eastern Penitentiary. Pardoned January 5, 1872. Re- commended by Michael Meier, the prosecutor; Joseph II. Rheem, Thomas Kelly, Frederick Doner, Wm. Heckman, Thomas Cameron, GOVERNOR OF PENNSYLVANIA. 53 Jacob Koenig, John B. Winder, Garrett Yansant, Charles Ilebsacker, Thomas II. Owens, and Win. II. II. Wallace; eleven jurors; lion. David Xagle, Aldermen Owen M'Donald and W. W. Daugherty, Henry Struble, T. A. Sloan, John Huplet, Joseph Pill, M. S. Btilldey, Francis M'Mannus, Gco. W. Williams, J. D. Williamson, Henry Christian, C. S. Pcall, Edward L. Craft, Chas. II. Stokes, John W. Kester, Joseph II. Campbell, Edward K. Worrell, and many other citizens. Reasons: Brannon is a very young man and has always borne a good character for honesty; he is now lying dangerously ill, and the imprisonment already suffered is considered sufficient to sat- isfy the ends of justice. 10. MARTHA WESTON. Huntingdon county. Selling Liquor to Minors. January 11, 1872. Pardoned January 11, 1872. Recom- mended by Hon. LI. Bruce Petriken, senator ; Milton S. Lytle, district attorney ; R. Milton Specr and W. II. Woods, counsel for the Common- wealth ; M. M. M'Xeil, A. Houck, D. R. P. Meely, R. M'Devitt, J. E. Smucker, George Jackson, A. B. Miller, J. Evans, Henry W. Miller, S. J. Lloyd, county officers ; P. M. Lytle, Miles Zentmyer, R. A. Orbison, Jno. M. Bailey, J. R. Simpson, W. M. Williamson, E. S. M'Murtrie, D. Blair, Win. P. Orbison, Wm. Dorris, K. Allen Lovell, and other members of the bar; J. L. Houck, Curtis Krider, Daniel Swartz, John W. Potter, John Ritter, J. W. Isen- bcrg, B. S. De Forest, Christian Peightal, W. B. White, John Bolinger, M. A. Felrnlee and Jacob Hofl'ner, the jurors who tried the case; J. B. Wakefield, Samuel Waters, G. W. Jeffries, Samuel Adams and s John Lee, grand jurors ; Wm. Brown, George Kyler, Thomas Dean, G. W. Johnson, and seventy other prominent citizens. Reasons: Mrs. Weston is a widow lady of great respectability; the business cast upon her by her husband's death, is her only means of support ; would suffer by her imprisonment ; there are many mitigating circum- stances in her behalf; the costs will be heavy and the payment of them is deemed sufficient punishment. 11. SAMUEL Baowx. Mifflin county. Burglary. January G, 1872. Fifteen mouths in Western Penitentiary. Pardoned January 1-2. Recommended by J. C. Bucher, president judge ; A. Troxel, associate judge ; II. J. Culberlson, district attorney ; Andrew Reed, C. J. Arms, Joseph Alexander, II. J. Walters, J. S. Rakera, J. W. Parker, E. L. Benedict, J. B. Selheimer, D. W. Woods, George W. Elder, John A. ."U PARDON REPORT OF THE M'lvce, T. M. Uttly, J. T. M'Clure, members of the Mifllin county liar; :ind Henry Bossinger, prosecutor. Reasons: The prisoner was found on the premises of the prosecutor, in the night time, in a stupe- lied condition, and made no attempt to run away or evade justice; he is of weak intellect, and a poor, needy, inoffensive man ; the weak state of his mind goes far to take away the heinousness of his crime ; the majesty of the law has been fully vindicated, and no good purpose would be subserved in further punishing him. 12. SYLVESTER GEORGE. Northampton county. Larceny. Janu- ary 18, 1871. Two years and one month in county prison. Pardoned January 19. Recommended by the prosecutor, William II. Coleman ; (Jeorge W. Walton, sheriff ; James M. Porter, district attorney; A. Meyers, S. M'Cammon, A. D. Shriner, O. L. Fehr, James J. Cope 7 (ieorge 0. Walton, Martin Frey, George H. Young, and Uriah Sandt, county officers ; B. E. Lehmer, W. II. Selfridge, Robert Peysert, Her- man M. Fetter, James T. Borkek, C. A. Lubenbach, Larin J. Krause, R. S. Brown, George J. Desh, M. II. Snyder, D. D. Ritter, James H. Nolle, George Anawalt, J. J. Kechline, Jas. R. Roney, B. F. Boyer, II. II. Dash, Caleb H. Dart, II. P. Hammann, F. E. Lukenbach, E. P. Wolle, Theo. F. Severs, Jas. T. Brock, Jr., John B. Zimmte, R. A. Abbott, Geo. W. Reigel, A. N. Leinbach, Henry G. Borkek, Charles Kleckner, J. M. Seibert, Jos. A. Weaver, Jno. Lerch, and over one hundred other citizens of Northampton county. Reasons : The de- fendant is a young man who has hitherto born a good character ; the crime was committed without felonious intent ; the value of the pro- perty taken has been restored to the prosecutor. The petition of a dying mother for Executive clemency is granted. 13. PATRICK BURKE. Philadelphia. Assault and Battery. Novem- ber 27, 1871. Two years in county prison. Pardoned January 11). Recommended by James Paul and Henry Wilhelm, prosecutors ; John Russell, Isaac B. Smith, Edwin Mavkley, Ab'm L. Heebner, Eraanucl Hess, S. Walkley, H. Heidrick and Lewis Thompson, jurors in the tase; Geo. M'Gowan, II. M. Fetter, Samuel D.Strock, Jas. W. Marks, Adam Albright, Howard J. Potts, G. H. Griffiths, John Lamon, E. A. Porter, Geo. Handy Smith, Chas. II. Daugherty, Samuel D. Dailey, E. W. Davis, Frank S. Johnston, Wm. M. Randall, Geo. W. Fox, A. I). Levering, J. B. Hancock and Robert P. Deckert, members of the Legislature ; Geo. W. Hammerslj r , William II. Leeds, J. C. Titter- GOVERNOR OP PENNSYLVANIA. 5r> mary, James Givin, Hugh Collins, George Moore, D. A. Xagle, Ed- ward G. Carlin, John F. Githers, T. J. Barger, Mackellar, Smiths & Jordan, Wra. Lang & Son, J. P. Delano}*-, James Hagan, Isaac M'Bride, A. W. Fletcher, C. J. M'Callister, Frank Register, J. D. Brooks, and many other citizens. Reasons: Barke has a wife and six children dependant upon him for support, who, by reason of his confinement, arc left entirely destitute, and many other extenuating circumstances commend him to clemency. 14. PHILIP METZ and PETER LIERER. Erie county. Arson. June :j, 18TO. Each one hundred dollars fine and three years in Western Penitentiary. Metz pardoned January 20, and Lierer, March S. Metz's pardon is recommended by George AVagner and Michael Ren/, owners of the building set on tire ; Hon. S. P. Johnson, president judge; Thomas M. Walker, sheriff; J. C. Sturgeon, district attorney ; E. S. Whittlesey, prothonotary ; Isaac B. Gara, Geo. W. Colton, M. Schlaudecker, James Hunter, and many others. Lierer's pardon is recommended by Michael Renz and George Wagner, owners of the building set on fire; Hon. S. P. Johnson, president judge ; lions. Win. Benson and A. A. Craig, associate judges ; J. C. Sturgeon, district attorney ; I. B. Gara, G. W. Starr, Chas. M. Lynch, O. Noble, M. 11. Barr, John Clemms, C. P. Rogers, and many others. Reasons: The defendants were convicted upon evidence of a very doubtful character ; testimony was produced at the trial proving an alibi ; a large reward was offered for the conviction of the offenders, and an anxiety to have some person punished led to their being found guilt}'. They are mere boys ; have almvys sustained good characters, and the law has been fully vindicated. 15. AUGUSTUS FIRCH. Erie county. Arson. September 1, 1870. Fifty dollars fine and three years in Western Penitentiary. Pardoned January 22. Recommended by Hon. John P. Vincent, president judge ; lions. Wm. Benson and Hollis King, associate judges ; Win. Carpenter, A. E. Shattuck, Jacob Frantz, N. C. Remington, John Sil- lyman, G. Van Court, John Fritz and C. M. Grearfip.ld, jurors; J. C. Sturgeon, district attorney; W. S. Scott, O. Noble, S. Marvin, Jno. M. Hammond, Isaac B. Gara, J. Ross Thompson, Win. H. Morris, P. Mctcalf, W. S. Brown, M. B. Lowry, Geo. W. Colton, Jas. Skinner, G. P. Griffith, S. S. Spencer, John W. Hart, Wm. M. Gallagher, W. II. Lucas, D. B. M'Creary, J. W. Hays, James Dunlap, John Dunlap, .".(5 PARDON REPORT OF TUB -las. C. Marshall, Geo. M. Dunn and G. A. Allen. Reasons: Fiivh was convicted on the testimony of a single witness as to identit}', who had never seen him before, and not until six months after the fire ; 1 etilioners believe the evidence was insufficient ; affidavits attest his innocence ; he has always borne a good character, and the facts do not justify a further imprisonment. 16. REV. E. W. KIRI;Y. Franklin county. Adultery. January 20, 1872. Two hundred dollars fine and thirty days in county prison. Pardoned January 24. Recommended by I. II. M'Cauley, Wilson lleilly, George W. Brewer, S. W. Hays, Hastings Gehr, Wm. M. Scl- lars, F. M. Kimmell, J. J. Eby, Lyman S. Clarke, J. M. M'Dowell, F. 8. Stumbaugh, and T. C. Kennedy. Reasons : The defendant was convicted on very doubtful evidence. His imprisonment is not de- sired by the counsel of the prosecutrix and her husband. The dis- grace attending his trial and deposition from the ministry is deemed sufficient punishment. 17. JOHN HASSOX. Philadelphia. Larceny. November 3, Ibii'.). Two years and six months in Eastern Penitentiary. Pardoned Janu- ary 25. Recommended by Thomas Smyth, the prosecutor ; Cornelius Bernon, Thos. Pauly, Charles Price, John A. Sexton, Daniel Lemon, Jacob Swartz, Timothy Fitzpatrick, James L. Robinson, John M'G in- Icy, Henry G. Filmer, William Newman and James Ogden, jurors ; Robert P. Deckert, J. A. Houseman, Richard Peltz, Wm. R. Leeds, Isaac M'Bride, R. C. Tittermary and II. J. M'Intyre ; for the reasons that the evidence upon which Hasson was convicted was not conclu- sive; he has served over two years of his term; his health is rapidly failing, and no good can result in his further imprisonment. 18. JOHN NEWELL. Allegheny county. Mayhem. July 8, 1871. Fifty dollars fine and sixteen months in Western Penitentiary. Par- doned January 26. Recommended by Hon. A. P. Callow, J. Mor- rison, Hon. James Blackburn, Joseph A. Butler, Jas. Prowden, James Lowry, Jr., II. B. Wilkins, Hugh S. Fleming, Wm. J. Diehl, A. L. Pearson, M. Swartzwelder, Wilson M'Caadless, James A. Ross, John Glenn, C. L. Magee, John S. Lambie, Joseph Ross, Wm. J. Buck, L. E. Johns, W. W. M'Clelland, J. D. Mahon, James M'Gunne- gle, Charles Jeremy, Samuel Hare, A. J. Jackman, Jr., Samuel M. Fulton, James Taylor, II. K. Sample, J. D. Fleming, W. M. DeCamps, M. S. Humphreys, John F. Edmundson, Thomas Steel, J. W. Kiiker, GOVERNOR OF PENNSYLVANIA. ,")7 and others. Reasons : Xewcll committed the offence which led to his conviction, in a desperate conflict involving his life with a man notori- ous for his quarrelsome disposition and fighting propensities ; the evi- dence offered by the Commonwealth did not justify a conviction for any greater crime than assault and battery, and was of such doubtful character that the defendant was twice tried for the same crime before conviction was had ; the entire jury recommend his release. 19. HARRY SHEETS. Philadelphia. Larceny. August IS, 1871. Nine months in county prison. Pardoned February 1. Recom- mended by William Winters, the prosecutor ; Charles A.. Porter, John Lamon and George M'Gowen, members of the House of Representa- tives ; Win. R. Leeds, sheriff; Isaac M'Bride, Christian Kneass, Chas V. Mann, John Y. Donnelly, II. C. Tittermary, R. H. Beatty, James W. M. Newlin, S. E. Beers, Geo. F. Hunter, E. R. Biles, and others Reasons : Sheets was led into this, his first offence, while intoxicated ; full restitution of the property stolen has bean made ; he has a wife and child in destitute circumstances. 20. MARY MACOLLOUGH. Dauphincount}'. Selling Liquor on Sun- day. February 2, 1872. Tea days in county prison and ten dollars fine. Pardoned February 2. Recommended by A. J. Ilerr, F. K. Boas, John H. Weiss, M. R. Young, Win. Kuhn, Joseph H. Nissley, G. J. Kunkle, Geo. H. Irwin, Daniel Keyser, M. W. M'Alarney, Geo. Winters, David Mumma, J. S. Schminkey, Geo. M. Mark, J. C. M'- Alarney, Phil. Irwin, Samuel J. M'Carroll and Ovid F. Johnson. Hon. John J. Pearson, president judge, by whom the prisoner was tried and sentenced, and lions. Isaac Mumma and J. D. Snyder, asso- ciate judges, has written that "she is a poor woman with four small children, who will suffer during her confinement in jail. We would be glad to see her relieved from imprisonment, and recommend that that portion of her sentence be remitted." 21. FERDINAND LE CLERC. Pike count}'. Selling Liquor on Sun- day. February 22, 1872. Twenty dollars fine and ten days in county prison. Pardoned February 22. Recommended by Hons. G. P. Heller and F. R. Olmstead, associate judges ; John Klear, J. Hal- ted, J. M'Cauty, S. W. Drake and M. K. Rockwell, jurors in the case ; II. S. Mott, E. B. Eldred, Eli Cuddebcck, S. E. Dimniick, Jacob Kleinhaus, D. M. Van Auken, C. W. Ball and John Sclummell, M. ]>. Reasons : Le Clerc is a man of good character, and a respected mem- f)S PARDON HEPORT OP THE l>er of the community in which he lives ; he keeps a quiet and orderly house ; the prosecution was malicious, and brought only for revenge, the prosecutor having committed a gross assault and battery upon the defendant, and been tried and convicted therefor ; he is advanced in years, and of feeble health; the jail of said county, from dampness and orher causes, is unfit for the confinement of a person in his state of health, and his further imprisonment will be likely to result in seri- ous consequences. 22. JEREMIAH FORCE. Allegheny county. Selling Lottery Tickets. February 10, 1872. Five hundred dollars fine and six months in county work-house. Pardoned February 27. "Recommended by A. L. Pear- son, district attorney ; lions. Jas. L. Graham, Geo. II. Anderson, Miles S. Humphries, Matthew Edwards, James Taylor and IJ. K. Sample, members of the Legislature; Thos. Mellon, Thos. Howard, Colonel Wrn. Philips, Thos. Steele, II. S. Fleming, S. F Yon Eonhurst, W. C. Moreland, John H. Kerr, Thos. W. Davis, Alex. H. Miller, Samuel 13. Cluly, J. M. Gazzam, G. W. Coffin, James Recs, Louis Hoyer, M. D. Peebles, M. H. Markle, Jno. A. M'Kenna, W. PI. Maize, T. D. Williams, S. A. Duncan, Jas. M. Fisher, S. L. Gibson, Henry Kane, W. II. Brown, W. G. Stubbs, W. H. Lowe, J. T. Johnston, R. D. Holmes, Geo. Keyser, Henry W. Barnes, J. S. M. Young, D. Fleming, Win. M. Ilerron, and other reputable citizens. Reasons : Force is sixty j'ears old and in ill health ; his ph} T sician. S. J. Furlough, has made affidavit that he is suffering from a severe bronchial and lung disease and that close con- finement will unquestionably hasten his death. He has always ranked as a respectable and reliable citizen ; he did not think he was amenable to the law, having taken out a license from the United States Govern- ment to sell lottery tickets. The prosecution was for the sole purpose of extorting- money. He has not engaged in the said business for twenty months, and has entirely abandoned it. None of the facts in the case justify a further imprisonment. 23. N. H. LONQABAUGH. Montgomery county. Selling Liquor on Sunday. February 29, 1872. Fifty dollars fine and ten days in county prison. Pardoned February 29, excepting as to fine and costs. Re- commended by Andrew J. Sims, George W. Steiner, A. W. Dettra, John C. Richardson, John Whitcomb, Jos. C. Beyer, William Stehler, L Dyer, John W. Gamble, Robert Hall, and many others. Reasons : M'Gray has always borne a good character. This is his first offence : and he has a wife and two children dependent ou him for support. O'Xeil has always kept an orderly house; he was not in the habit of keeping his bar open on Sunday. The reputation of the witnesses on the part of the Commonwealth is represented as very bad. He has heretofore occupied a good position in society, and his further punish- ment would answer no good end. This pardon is granted to equalize punishment for identical offences. 30. WILLIAM A. FARREN. Armstrong county. Assault and Uatlrry. March 16, 1872. Four hundred dollars fine and six months in county prison. Pardoned March 27, excepting as to fine and costs. Reeora- rnended by ex-Governor Wm. F. Johnston, associate counsel for Com- monwealth ; David Barclay, counsel for prosecutrix ; A. J. Montgomery, sheriff; Jefferson Reynolds, district attorney ; E. S. Golden, associate judge; J. L. Conn, Wm. Reiber, Thomas Allen, Jas. M'Gee, D. J. Stewart, A. Campbell. Chas. T. Reynolds, O. D. Dyer, W. P. Book, G. C. Smith, W. H. H. Bell, and forty other citizens. Reasons: An affidavit of Henry M'Ghee, states that Farren suffered a terrible family affliction some j'ears ago, since which time his reason has been impaired, and that from imprisonment his physical system is much prostrated, and unless he is released there is great danger that he may wholly lose his reason ; and under all the extenuating circumstances mercy and humanity commend him to clemency. :!1. ALEXANDER SIMPSON. Mercer county. Arson. September 20, \- 7 1. Three years in Western Penitentiary and five hundred dollars fine. Pardoned April 4th, excepting as to fine. Recommended by Hon. John Trunkey, president judge; W. S. Eberman, sheriff; A. 15. M'Cartncy, Wm. Maxwell, N. W. Porter, Geo. S. Westlake, H. M. Hamblin, J. C. Brown, J. S. Graham, J. M'Kinney, P. R. M'Kinney, and nearly one hundred others. Reasons : Simpson was convicted principally on the testimony of the prosecutrix, who is very old and searcelj' a competent witness ; two others, on the same indictment with the prisoner, were acquitted ; he is a very young man, and mainly the support of an aged mother ; he has hitherto borne a good character, and grave doubts exist in regard to his guilt. 32. NEAL M'CALLION. Allegheny county. Keeping a Disorderly House. March 23, 1872. Three hundred dollars fine and nine months Ii2 PARDON REPORT OF TIIK in county work-house. Pardoned April 11. Recommended by T. Tobias, M. Streny, John D. Nave, Robert A. Bell, Henry Ackerman, A. II. Fisher, Wm. M. Leiton, T. A. Edwards, S. S. M'Kimmell, II. Smith, Frederick Aines, Arthur M'Fadden, Thos. Connel), Jacob An- derson, Joshua Rhodes, J. L/. Dillinger, IT. W. Buffrem, R. M'Gow:. :<, David Danzeath, II. Brady Wilkins, W. C. Moreland, and many others. Reasons : M'Callion's conviction was based on very doubtful testi- mony ; he has always bore a good character, and the sentence was extremely severe. His physician, W. V. Marquis, states that the prisoner " has been an invalid for the greater part of tbe year and will scarcely outlive his sentence." 33. GEORGE BROWN. Mercer count} 7 . Murder. April 24, 18C9. Eleven years in Western Penitentiary. Pardoned April 24. Recom- mended by Hon. John Trunkey, president judge; lions. David M. Findley and John Lightner, associate judges; Henry M. Hamlin, district attorney; I. M. Sheriff, W. M. Martin, I. II. Robinson, Robert M. Walty, J. D. Moore, Jr., R. M. Irwin, R. II. Irwin, J. H. Rankin, P. E. Shifler, W. A. M'Cormick, J. II. Mutter, J. O. White, Wm. M. Robinson, W. M. Gibson, and nearly one hundred other citizens. Reasons: Brown's health has become so much impared that longer imprisonment will endanger his life ; his conduct while in. prison has been good; he was only seventeen years of age when convicted; he is the principal support of a widowed mother, and other circumstances fully vindicate Executive clemency. 34. ALFRED COLLINS. Philadelphia. Embezzlement. November 22, 1871. One year in county prison. Pardoned April 25. Recom- mended by Eleanor Dean, the prosecutrix : Hons. Samuel D. Strock and J. B. Hancock, members of the House of Representatives, from Philadelphia ; John Blond and William F. Moskey. Reasons : T. Yale Smith, physician for the prison, states that Collins is dying of disease of the lungs, and cannot live many days; his release is prompted from motives of humanity, so that he may die at home at- tended by his parents, who are worthy and respectable people. Since reported dead. 35. JOHN LONG. Allegheny county. Assault and Battery. Feb- ruary 10, 1872. Six months in county work houss. Pardoned May 3. Recommended by Hon. A. P. Callow, mayor of [Allegheny city ; John Magran. Samuel Hastings. Wm. P. Hunskers, Louis Hilke. Wm. GOVERNOR OF PENNSYLVANIA. (>:> C. Rea, Wm. C. Cook, and Joseph A. Drexler, members of police com- mittee ; Jacob H. Miller, Thos. M. Marshall, A. L. Pearson, and Thos. M. Bayne, and many others. Reasons : Long has always borne a good character ; he has served on the police force with credit for sev- eral years ; he has a wife and six children dependent 0:1 him for sup- port ; his wife is at times deranged and unfit to take care of the family : and all the facts justify the prisoners release. 3G. WILLIAM PHFLLIPS. Tioga county. Assault and Battery icitfi. Intent to Commit a Rape. June 2, 1870. Five hundred dollars fine and four years in Eastern Penitentiary. Pardoned May 3. Recommended by Hon. R. G. White and Hon. G. W. Williams, president judges ; .J. C. Strang, district attorney ; Henry Sherwood and M. F. Elliott, at- torneys for the prosecutrix; John J. Mitchell, and a number of the members of the bar ; all of the county olficers ; several jurors in the case, and nearly three hundred citizens of Tioga count3 r . Reasons : Phillips is quite a young man, and has always borne a good character ; the circumstances justify Executive intervention. ."7. GUY SMITH. Bradford county. Adultery. February 9, 1372. Six mouths in count}' jail and two hundred and fifty dollars fine. Pardoned May 4. Recommended by Hon. Ulysses Mercur, S. W. Al- vord, J. P. Yan Fleet, Allen M'Kean, E. W. Hale and E. W. Kinney ; also J. L. Woodburn, D. L. Kepple, J. A. Neigh, J. J. Swartz, M. S Le- vers, Edward K. Salem and John N. Christian, seven of the jurors in the case. Reasons : Smith was convicted upon the unsupported tes- timony of the prosecutrix whose chastity is not above suspicion, and who is strongly suspected of having been improperly influenced to prosecute defendant ; he makes affidavit that he never was guilty of the crime whereof he was convicted ; the petitioners firmly believe him innocent, and the facts demand his liberation. 38. T. J. SPENCER. Warren county. Assault with Intent to Com- mit a Rape. March 6, 1869. One hundred dollars fine, and four years and six months in the Western Penitentiaiy. Pardoned May 4. Re- commended by Hon. S. P. Johnson, president judge ; lions. S. S. Win- nom and James Dennison, associate judges ; Hon. Harrison W. Allen, Matilda Toby, the prosecutrix ; C. W. Stone, L. F. Palmer, Robert Dennison, R. Brown, H. W. Jamison, Frank D. Reeves, G. W. Allen, Welbert Allen, R. B. Smith and numerous citizens. Reasons : Spencer's health has been broken down by his long confinement ; his sentence (!4 PARDON IIEPOIIT OF THE was very severe ; having served over three 3 r ears the ends of justice have been fully met. :',9. JOHN GORE. Cambria county. Murder in the Second Degree. December 15, 18G5. Fourteen j-ears and nine months in the Western Penitentiary. Pardoned May 7. Recommended by Hon. D. J. Morrell, Hubert W. Hunt, II. A. Boggs, Jacob Campbell, Cyrus Elder, Joseph Parks, A. C. Mullen, W. K. Pypher, Cyrus S. Pershing, Wm. Orr, John S. Khey, and all of the jury who convicted him. Reasons : Gore had just returned from the army, and was under the influence of liquor when he committed the crime, and under great provocation ; his health has failed, and he will die in prison unless released ; the warden and chaplain of the penitentiary certify to his good conduct, believe him sincerely penitent, and recommend his pardon. Circumstances do not justify longer incarceration. 40. HUGH MAURA, and JAMES DOUGHERTY. Philadelphia. Assault and Battery with Intent to Kill. November 20, 1869. Each one thou- sand dollars fine, and six 3'ears, eleven months and twenty-three days in Eastern Penitentiary. Pardoned May 25, 1872, excepting as to tine and costs. Recommended by James J. Brooks, prosecutor ; A. Buzby, M. Elere, Geo. F. Kidd, Geo. Cryps, John H. Adamson, John Donald- son, Chas. R. Doane, Henry Kippleand and Phineas Lewis, nine of the jurors in the case ; A. Welch, W. N. Oakford, Jas. S. Carter, M. Colm, D. H. Louderbach, Alfred Stimmel, W. W. Bell, II. Backroad, Harvey O'Neill, J. W. Dyer, Wm. Trappe, Chas. Hill, J. F. Reddy, A. H. Randall, John Scott, A. F. Young, J. R. Coxe, II. S. Jewell, W. II. Ward, Harry P. Stein, Wm. II. Anderson, Chas. W. Carrin, W. C. P. Coret, Jas. G. Wcldon, E. Lehman, E. Klaglin, Whitney & Son, J. M. Smith & Son, Geo. J. Burkhardt, Ellis P. Moore & Co., Francis I). Pastorias, W. II. Robins, F. Widmyer, Wra. Ward, J. Beck, Chas. Woodward, E. L. K rider, Wm. W. Wallace, Henderson Young, Gay- lord Harvey, Wm. S. Stover, S. A. J. M'Fall, Samuel Davies, E. Jones Lester, Chas. F. Hoyt, Geo. W. Fitzwater, Chas. Fitzwater, Nel- son Brown, Daniel F. Merely, Robert Smith, W. D. Smith, J. M. Ham- mill, Robert Morris, Geo. C. Hammill, J. A. Longbridge, Hon. Robert P. Dechert, Hon. D. A. Nagle, J. M'Colgan, Chas. T. Burns, George Concannon, Chas. II. Dougherty, W. W. Dougherty, J. B. Delaney, Chas. W. Wilcox, John Parsons, Hart, Wallace & Co., and others. Reasons : It is represented that the conviction took place at a time of GOVERNOR OP PENNSYLVANIA. 05 great excitement and prejudice against the prisoners. The prosecutor, Mr. Brooks, in his letter requesting the pardon, says : "Learning that an effort is to be made to procure, from your Excellency, the pardon of James Dougherty and Hugh Marra, convicted of an assault and battery on my person, permit me to say I shall be gratified to learn that you have extended to them the clemency of a pardon." It was further rep- resented and strongly pressed, that, by the pardon of these persons, in- formation would be obtained of sueh a character as would uncover and bring to light numerous criminal offences against the revenue laws of the United States, and felonies against the laws of this State, and Avould greatly aid in the administration and furtherance of public jus- tice. The punishment received by each is two years, six months and five days, the payment of a fine of one thousand dollars each, and the costs of suit. 41. HENRY PIFER. Westmoreland county. Assault and Battery. February 10, 1872. Two hundred dollars fine and six months in coun- ty prison. Pardoned June 1, excepting as to fine. Recommended by Alexander Kilgore, sheriff; Geo. W. Frick, J. M. Laird, J. H. High- berger, Wm. P/everter and Hugh Ryan, county commissioners ; Peter Enset, H. P. Laird, H. Cop, Jonas Pifer, A. A. Stewart, W. H. Klin- gensmith, J. D. Gill, J. J. Johnston, J. C. Snodgrass, Jas. S. Moor- head, A. G. Marsh, W. Baughman, R. W. Singer, James A. Hunter, Eli A. Fisher, H. Kettering, C. H. Herber, George Dorn, S. L. Carpen- ter, I. W. Tarr, J. Gross, Hon. John Latta and C. F. Warden. Reasons : Pifer has, previous to conviction, always borne a good character, and this act was done under great provocation. The pe- titioners are confident in the belief that he will hereafter remain a good citizen ; the punishment already suffered is considered quite sufficient. 42. MARY CORNELL. Erie county. Burglary. May 28, 1870. Three years in Western Penitentiary. Pardoned June 7, on recom- mendation of the board of inspectors of the Western Penitentiary. T. H. Nevin, president of the board, says : " The board of inspectors of the Western Penitentiary have requested me to apply to you for the pardon of Mary Cornell, from Erie county, Pa., sentenced May 28, * 1870, for three years. Her sentence by commutation will expire Jan- uary 28, 1873. She is 29 years of age. Her conduct has been uniform- ly good, we ask your clemency in her behalf because of her very feeble health. She will hardly live many weeks longer. The Sisters of Mercy 5 (>(> PARDON REPORT OP THB in Pittsburg will take charge of her if released, and care for her while she lives. I hope you will give this matter your immediate and favor- able attention/' 43. JOHN DOUGHERTY. Philadelphia. Larceny and Carrying Con- cealed Deadly Weapons. November 16, 1870. Four years in county prison. Pardoned June 8. Recommended by John Wilson, prosecu- tor; Isaac Clymer, Bernard Ginity, Win. Shuters, Wra. A. Lamb, David Mercer, James W. Haig, John H. Reakert, Wm. Duberry, Lukins Tomlinson, Wm. Stenger and George Noble, jurors in the case ; W. J. Pollock, Thomas Barry, James Givin, Wm. Groynn, M. D., Robert P. Dechert, Hons. Wm. S. Stokley and H. R. Kneass. Reasons : II. Yale Smith, physician of the prison, certifies that " Dougherty is now in phthisis pulmonaliS) and will not live in prison half his unexpired term, and is confined to his bed and sinking fast." His conduct in prison has been uniformly good, and all the circumstances justify his release. 44. HENRY DORAN. Fayette county. Murder in the Second Degree. June 11, 1870. Seven years in Western Penitentiary. Pardoned June 8. Recommended by Hon. S. A. Gilmore, president judge ; Hons. Alex. Cron and 11. M'Cormick, associate judges ; J. M. Ogleon, dis- trict attorney ; J. K. M'Donald, prothonotary ; D. Kaine, and over two hundred other citizens. Reasons : There was no intention on the part of Doran to commit a homicide ; there was no ill-will between him and Lowe, the person killed ; [Lowe began the fight Doran knocked him down with his fist, and Lowe died in about an hour ;] no weapon was used and the killing was accidental. Dr. John Boyd has certified that the health of the prisoner is in a critical condition, he having treated him for pleuritus, and then for phlegmonious erysipelas, com- plicated with other diseases. He is a young man, industrious and peaceful, and his release would be an act of justice and humanity. 45. CAROLINE BUPP. Perry county. Larceny. August 10, 1871. Two years in Eastern Penitentiary. Pardoned June 12. Recom- mended by Mrs. M. A. Bassett, prosecutrix ; J. H. Graham, president judge; B. P. M'Intyre, district attorney ; T. J. Sheibley, J. J. Spone- 'berger, D. Mickey, D. M. Rinesmitte, J. A. Magee, Hon. B. F. Junkiti, Geo. F. M'Farland, J. W. Albright, J. L. Gantt, G. W. Zinn, Phil. JJosserman, Charles F. M'Junkin, J. Rinehart, J. R. D unbar, Jno. L. ' Singer, R. L. Armstrong and many other citizens of Perry and Dau- phin counties. * Reasons : She has a family of six children, and upon her devolves the burden of their maintenance ; three of the children GOVERNOR OP PENNSYLVANIA. 07 are too young to do anything towards their support, and one of them is an invalid; the sentence was very severe, and the ends of justice have been attained in the imprisonment already suffered. 46. MICHAEL DOEBLER. Lancaster county, llobbsry. January 17, 1872. Five hundred dollars fine and four years and nine months in county prison. Pardoned June 13. Recommended by Frederick Myers, sheriff; D. P. Rosenmiller, Jr., district attorney; John \\. Mertzer, prison keeper, and the entire board of prison inspectors ; J. B. Amwake, D. W. Patterson, John P. Rea, Samuel II. Reynolds, II. B. Swarr, R. H. Long, W. W. Hopkins, Win. Aug. Atlec, Chas. Pen- nes, O. J. Dickey, Emlen Franklin, P. D. Baker, and fourteen other members of the Lancaster bar ; J. Kahler Snyder, Elwood Greist, A. S. Henderson, G. W. Krene, J. L. Kaufman, C. L. Hunsecker, P. B. Fortney, and many other citizens. Reasons : The facts elicited on the trial of Doebler scarcely justified a conviction and were not aggravated ; the only testimony was that of the prosecutor, who was very drunk at the time of the alleged act ; the entire jury have joined in the petition for pardon, stating that the facts were those of a drunken frolic and by no means justified the severe sentence imposed ; the prisoner's character was always good and he has been sufficiently punished. 47. SAMUEL SAGE, WILLIAM SANKEY AND ISAIAII BELL, Lawrence county. Burglary. May 18, 1872. Each twenty dollars fine and six months in county prison. Pardoned June 15 Recommended by II. W. Boyles, the prosecutor; Hon. Thos. Pomeroy, associate judge; J. Davis, sheriff; S. K. M'Ginnis, prothonotary ; Isaac Murdick, Jr., county treasurer ; John W. Wallace, D. Craig, Sylvester Gaston, W. X. Aiken, S. W. Danna, C. M. Phillips, J. M'Michael, Rev. D. X. Junkin, A. P. Moore, W. C. Harbison, J. M. Lawrence, J. F. Johnson. John Young, John R. Pattison, John N. Enery, J. B. Hardaker, D. S. Clark, Hugh Flinn, John Mitchell, G. W. M'Cracken, Thomas Henry. W. P. Morrison, John M'Kinley, J. H. Gilliland, John Bower, and about four hundred others. Reasons: Two of the defendants are young men yet in their minority; they have hitherto borne irre- proachable characters ; one of them is the only support of an aged and infirm mother, a lunatic aunt and an orphan nephew ; the offence was committed whilst they were under the influence of intoxicating liquors, and no serious damage was done to the proprietor of the store enteredj 48. STEPHEN BONFIELD. Philadelphia. Assault and Battery with Intent to Ravish. October 1, 1870. Five years in Eastern Pcnitei CS P^KDJN BEPOKT OP THE tiary. Pardoned June 27. Recommended by lions. Robt. P. Dechert, K. W. Davis, D. A. Nagle and Chas. A. Porter, members of the Legis- lature from Philadelphia; R. C. Tittermay, Alex. M'Cuen, Jas. Given, Jno. F. Sharkey, Francis P. Haggerty, Geo. C. Barton, T. A. M'Devitt, Henry C. Hawkins, James T. Ford, W. II. Gilpin, James W. Latta, T. A. M'Clelland, Joseph F. Stockdale, John F. Glenn, John C. Lees, II. Hunter, James L. Clifford, and others. Reasons : Affidavits filed, state that the prosecutrix was a common prostitute, addicted to habits of in- toxication, and a frequenter of the lowest haunts in said city ; the de- fendant was tried on the woman's evidence alone, and if her character had been proven on the trial, he would have been convicted of assault and battery only; none of the facts in the case justify a further con- tinuance of punishment. 49. ISAAC MORRISON. Clearfield county. Harder in the Second Degree. January 16, 1869. Seven years and six months in Western Penitentiary. Pardoned Juty 2. Recommended by Hon. C. A. Mayer, president judge ; Wm. C. M'Cullough, district .attorney ; H. B. Swope, John Lawshe, Justin J. Pie, A. C. Tate, George M. Brisbin, C. Howe, J. B. Walters, G. Ashman, Millar M. M'Xeil, R. A. Miller, Philip Brown, D. Caldwell, C. A. Willoughby, and many others. Reasons : Morrison has hitherto borne an irreproachable character ; that the blow was struck in a moment of fear and without the slightest intention to kill or do great bodily harm ; he has a wife and six children in extreme; poverty ; having served out more than half his sentence he has been sufficiently punished ; he is predisposed to pulmonary consumption and cannot live much longer in prison ; the prison physician, D. N. Ranldn, certifies that he has several times been under treatment for hemorrhage of the lungs. 50. JOHN PRICE. Mifflin county. Larceny and Entering a Shop with Intent to Commit a Felony. August 27, 1870, Six years and six months in Eastern Penitientiarj^. Pardoned July 3. Recommended by Hon. Samuel S. Woods, president judge; Hons. Wm. Ross and A. Troxell, associate judges; J. S. Rakerd, district attorney; Elias Rheam, A. P. Mitchell, S. B. M'Arte, W. E. M'Dowell, D. F. Milliken, Isaac Strode, James Foust, John Calwell, J. P. Taylor, Wm. Wilson, L. A. Pollock and Charles Bratton, jurors ; James Burns, G. W. Woods, R. W. Patton, J. Irwin Wallace, W. Johnson, J. S. Houtz, 0. 0. M'Lean, W. Irwin, and many others. Reasons: Rice was con- GTTERXOR OF PENNSYLVANIA. GO victed solely upon the evidence of a woman of notoriously bad char- acter, who, upon the testimony, wag as guilty as himself; the punish- ment already undergone is sufficient, even if he was guilty ; his health is suffering from confinement ; the prison physician of the Western Penitentiary, to which he has since been transferred, certifies that he has required occasional treatment for palpitation of the heart ; all the facts demand his release. 51. EDWIN KNIPE. Montgomery county. Adultery. March 1, 1872. Six months in county prison. Pardoned July 11. Recom- mended by Hon. H. C. Hoover, associate judge ; H. M. Branner, dis- trict attorney ; Rev. A. G. Werstner, C. H. Stinson, Henry Livezev, Joseph Ruch, David Jamison, Alexander Schall, Henry Acker, Jared Evans, Edw. Schall, Thomas C. Rambo, A. W. Corson, Jr., John R. Breitenbach, B. M. Boyer, H. L. Drake, II. T. Slemmer, Jr., Samuel M. Markley, and fifty others. Reasons : Kuipe is a young man, has a wife and interesting family prostrated by his misfortune ; he was con- victed mainly on the evidence of Annie Long, the prosecutrix, a girl of exceedingly bad repute ; the petitioners believe that conviction on her evidence is unsafe and improper ; he has served the greater part of his sentence and the ends of justice have been fully attained. 52. HENIIY WARD. Wyoming county. Manslaughter. February 2, 1872. Tliree hundred dollars fine and nine months in county prison. Pardoned July 15. Recommended by Hon. Charles R. Buckalew, II. Comstock, sheriff; E. J. Keeney, prothonotary ; S. II. Sickles, register and recorder; G. M. Harding, president judge, Luzerne county ; L. D. Shoemaker, Wrn. Lilly, V. E. Piolett, John C. Bullitt, Geo. W. Wood- ward, A. Lathrop, Asa Packer, M. C. Mercur, W. W. Ketchum, Edwin S. Osborne, Hendrick B. Wright, Stanley Woodward, Henry M. Hoyt, E. P. Darling, T. A. Miller, R. P. Ross, E. S. Handrick, N. M'Devitt, II. Sherman, Cyrus Stark, P. M. Osterhout, F. C. Ross, C. P. Miller, 1). D. DeWitt, S. Stark, James Kelly, P. C. Burnett, C. D. Gearhart, .1. C. Wright, Thos. B. Wall, James N. Pratt, Frank II. Pratt, A. Day, and many other citizens. Reasons : The unfortunate occurrence which led to Ward's conviction was at a time when both he and Shaler, the deceased, were intoxicated. The relations between them had always been friendly. The shooting was purely accidental and without any malice, as stated by Shaler to his physician, Dr. Sayre. Affidavits of J. F. Rothrock, Edward R. Mayer and John V. Smith, physicians, 70 PABEOX EEPOET OF THE slate that the prisoner is suffering from severe nervous prostration and partial paralysis, and his mental condition is such from his excitable nervous organization that unless released he will be a mental and physi- cal wreck, paralyzed and insane for life. 53. FRANK STAPLKFORD. Lancaster county. Robbery. January ] 7, 1872. Four years and nine months in county prison, and live hun- dred dollars fine. Pardoned July 2G. Recommended by D. P. Rosen- miller, Jr., district attorney ; H. W. Gray bill, Jacob B. Stehman, Henry Eckert, Lewis J. Kirk, Henry C. Herr, Henry Atnmons, Jacob A. Ruck, John B. Knox, Alvin King, A. P. M'llvain, John M. Hershey and John A. Stonier, all of the jurors in the case; Ezra Reist, Chris- tian Gast, C. II. Landis, Lewis Specher, Jacob S. Witmer and II. S. Musser, prison inspectors ; John B. Warfel, D. W. Patterson, John M. Amweg, Philip I). Barker, II. C. Brubaker, Charles Dennes, Benjamin F. Baer, II. B. Swar, Samuel II. Price, B. P. Eshelmau, A. R. Barr, Samuel A. Groll', Samuel Musselman, W. S. Shirk, Samuel Hess, Geo. F. Miller, Martin Stanton, and many others. Reasons : The prosecu- tor in the case was intoxicated during the evening the alleged crime was committed, and on the following morning could give no satisfac- tory account of his loss. It is believed that the evidence produced at the trial was not sufficient to justify a conviction. The defendant is yet in his minority; he has previously borne 'a good character; hi.s conduct in prison has been uniformly good ; he has a widowed mother dependent upon him for support ; and no good can result from his further confinement. 54. ANDREAS MILLER. Allegheny county. Larceny. June 29, 1872. One hundred dollars fine and six months in county work-house. Par- doned August 10. Recommended by Hon. Edwin II. Stowe, associate law judge; lion. James P. Sterrett, president judge; II. S. Baurn, P. P. Piedmont, J. C. Hill, James Towell, John R. Baurn, D. II. Kuhn, Edward Duff, Richard Thompson, George Reichard, Harry White, Joseph Irwin, John N. Berlin, John I. Marchaud, Wm. M. M'Cotnbs, R. D. Beattj*, Alex. Bates, A. II. Gross, Albert Laufman, W. Lowery, Thomas J. Black, Thomas M. Bayne, and many others. Reasons : Miller has hitherto borne a good character ; the jur} r recommended him to the mercy of the court ; the petitioners believe him innocent of any intentional wrong; and he has a wife and family dependant upon him for suppoit. Hon. Edwin II. Stowe, associate law judge, states that GOVERNOR OF PENNSYLVANIA. 71 if he had been on the jury he should not have convicted him, but did not feel there was sufficient cause to grant a new trial, and since the trial he has become fully satisfied that the sentence imposed by him was unduly severe, and should be remedied, and in view of all the facts in the case recommends a pardon. 55. JAS. S. BIRMINGHAM, ANDREW J. WIIILTON, THOMAS II. GREAVY, THOMAS F. BLAKE, PATRICK CONLIN, DANIEL M'MULLIX, WILLIAM MANX, D. BUSHONO, DAVID BEAUCHAMP, HENRY CROOK, THOMAS HACKETT, JACOB WOLF, Louis PLANK, PATRICK DUGAN, JOSEPH SHEARER, TIMOTHY SHANNON, MICHAEL EUSTICE, ANDREW SPURLONG, JAMES SLADEN, JOHN BRISSETT and MODESTA BERGERON. Lycoming county. Pdotand Assault and Battery. September 14, 1872. Birming- ham, Whilton, Greavy and Blake each one year in Eastern Peniten- tiary. Conlin, M'Mullin, Maun, Bushong and Beauchamp, a fine of one dollar. Crook, three months in county prison. Hackett, Wolf, Plank and Dugan, two months in county prison. Shearer, ten days in county prison. Shannon, thirty days in county prison. Eustice, Spurlong and Sladen, twenty days in county prison. Brisett and Ber- geron, mistaking the day forfeited their recognizances. Pardoned September 16. Recommended by Hon. A. G. Olmstead, Joshua Wai- bridge, A. Updegraff, A. J. Dietrick, S. G. Morrison, II. H. Martin and about two thousand other citizens of Lycoming and adjoining counties. Reasons : The defendants have heretofore been peaceable, industrious and law-abiding citizens ; in this instance they were led into error and breaches of the peace in the exercise of supposed rights for redress of supposed grievances; they^have expressed great regret iind repentance ; have already suffered much from confinement in prison before trial ; most of them have wives and children dependant upon them for support ; the laws have been fully vindicated, and no good could be accomplished by their further punishment. The following conditions accompanied the pardon : "It is hereby stipulated and de- clared that this pardon is granted upon the express condition that if any of the aforesaid persons, at any time during the several terms for which they have been severally sentenced, shall engage in or incite any riot, or aid in anything which by their assistance and counte- nance may terminate in riot, then this pardon shall be null and void and of no effect, and he or they so oflending shall be re-arrested, and shall serve out, in the prison designated, the full term for which he or thay have been sentenced, as herein before recited." 72 PARDON REPORT OF THE 5G. CHRISTIAN BINK. Dauphin count}'. Larceny. September 3, 1872. Six months in county prison. Pardoned September 16. Recom- mended by George Bergner, John E. Fox, John A. Smull, J. B. Boyd, A. K. Black and W. TV. Jennings, prison inspectors ; Dr. Win. II. Egle, prison pli3 T sician ; W. K. Verbeke, mayor of Harrisburg ; Geo. B. Swartz,*Calvin Etter, Jos. F. Knipe, M. H. Lee, G. TV. P. Davis, George W. Osier, and many others. Reasons : Bink is seventy years of age ; his health is failing rapidly ; being of unsound mind, his further imprisonment would deprive him entirely of reason, and also endanger his life. 57. CHARLES T. YERKES, Jr. Philadelphia. Larceny and Em- bezzlement. February 10, 1872. Five hundred dollars fine, and ten years and nine months in the Eastern Penitentiary. Pardoned Sep- tember 27. Recommended by lions. John F. Hartranft, R. TV. Mackey, Leonard Myers, A. K. M'Clure, Thos. A. Scott, TVm. II. Kemble, TV. W. Irwin, A. J. Drexell, Jos. M. Pile, John C. Bullett, Samuel Dixon, one hundred and thirty-three members of the Philadel- phia bar, thirty-four members of the select and common councils, and many other citizens. Reasons : Yerkes has heretofore borne an irre- proachable character as an honest and intelligent business man ; he was in this instance convicted of a crime for an act done by his clerk in the ordinary routine of duties, and without the knowledge, much less any criminal intent on the part of the defendant; conviction was had at a period of unusual excitement in the public mind; the jury re'commended him to the mercy of the court ; two of the five judges composing the court dissented from the opinion of the majority, on the grounds that the crime of larceny had not been committed by the defendant, and that he had not been convicted according to law. The members of the bar petition for his release on the grounds of doubt as to whether he was guilty of any legal offence ; and a due regard for the financial interests and prosperity of the city and other creditors calls for his release. The following conditions accompany the pardon : "It is hereby stipulated and distinctly understood that this pardon is granted upon the express conditions that the same shall be utterly void and of no effect if any mosey, fee, reward or compensation has been, or shall hereafter be paid to any person or persons for or by reason of any service rendered or supposed to be rendered in procuring this par- don, or for or by reason of any cause, matter or thing, touching or GOVERNOR OP PENNSYLVANIA. 73 concerning the same ; and it is expressly declared and understood that the acceptance hereof by the said Charles Yerkes, Jr., shall be held and regarded as an adoption by him of this condition." 58. JOSEPH MARCER. Philadelphia. Conspiracy and Embezzlement. February 10, 1872. Three hundred thousand dollars fine and four years and nine months in Eastern Penitentiary. Pardoned September 27. Recommended by Hons. James R. Ludlow, Thos. K. Finletter and James Lyndj associate law judges; Hon. Amos Briggs, judge of dis- trict court ; Hon. W. S. Stokely, mayor ; Morton M 'Michael, editor Xorth American and United States Gazette ; John W. Forney, editor of the Press ; Charles E. Warburton, of the Evening Telegraph ; Everett & Hinckens, of the Sunday Dispatch ; Dennis F. Dealy, of the Evening Herald ; Thos. Fitzgerald & Co., of the Evening City Item; J. W. C. Greene, of the Sunday Transcript ; William Mceser, of the Sunday Mercury; J. M. Robb, of the Age ; James S. Chambers, of the Day ; Lenore and Blakely, of the Evening Star ; John M. Car- son, of the Post ; and Peacock and Fetherston, of the Evening Bul- letin ; by numerous members of the bar of Philadelphia ; by all the members of the select and common councils present at the meeting of March 28, 1872; one thousand and eighty-seven of the city police ; one hundred teachers of the city schools; Hon. Leonard Myers, W. II. Kemble, L. Montgomery Bond, John Robbins, Egbert K. Nichols, Thomas B. Scarborough, Robert L. Bodine, Robert II. Pattison, W. II. Baker, E. J. Spangler, W. S. Fetter, Edwin Palmer, Richard F. M'- Carter, Jr., Dr. L. D. Baldwin, Henry Budd, Simon W. Gorsler, John B. Moffett, Andrew J. Know, J. Alexander Simpson, George II. Mitchell, Rev. N. M. Price, Robert Betwell, J. Howard Wilson, Thos. Cochran, W. W. Harding, Dr. H. Ernest Goodman, and over nineteen hundred others. Reasons : No part of the moneys entrusted to the defendant were appropriated by him to his own use ; he was the victim of circumstances, "a vicious practice having existed for j 7 ears, which rendered it possible for any city treasurer to fall as defendant did;" the sentence is virtual imprisonment for life, and in conflict with the spirit of the Constitution, which prohibits the infliction of cruel pun- ishments ; his sufferings in mind, body and estate have been severe and unusual, and from the imprisonment will probably result in in- sanity. The following conditions accompany the pardon : "It is hereby stipulated and distinctly understood that this pardon is granted upon 74 PAIIDOX REPOliT OP THE the express conditions, that the same shall be utterly void and if no effect if any money, fee, reward or compensation has been or shall hereafter be paid to any person or persons for or by reason of any ser- vice, rendered or supposed to be hendered, in procuring this pardon, or for or by any reason or cause, matter or thing, touching or con- cerning the same ; and it is expressly declared or uaderstood that the acceptance hereof by the said Joseph Marcer, shall be held and re- garded as an adoption by him of this condition." 59. JOHN ZETDLER. Luzerne county. Selling Liquor on Sunday. September 18, 1872. Ninety dollars fine and fifty days in county prison. Pardoned September 27, but fine not remitted. Recommended by Hon. L. 1). Shoemaker, W. W. Ketchum, Edwin S. Osborne, Alex. Farnham, I. Abrahams, A. J. Lengfeld, Robert Coover, Wm. C. Yost, H. Conrad, S. Franenthal, II. Wright, J. A. Merrick, P. DeLacey, II. \Vinton, J. A. Scrantcn, Frank D. Collins, Edward P. Kingsbury, Wm. P. Carling, E. L. Merriman, and many others. Reasons : Zeidler is a German, and kept a beer garden where families of his nationality were wont to assemble on Sunday, as is the custom in their fatherland, and being imperfectly acquainted with our laws, the defendant com- mitted the act for which he was convicted ; and the pardon was ac- cepted on the following conditions : " It is stipulated and declared that this pardon is granted upon this condition, that if said Zeidler should be guilty of a repetition of the offence whereof he was con- victed, that this pardon to be null and void, and he is to be subject to re-arrest and to imprisonment for the full term of his sentence." GO. PATRICK M'GJNLEY. Montgomery county. Assault and Mattery. August 24, 1872. Six months in county prison. Pardoned October W 2. Recommended by lion. John F. Hartranft, John W. Hullinger, Owen Cahill, Michael M'Dermott, John Heenan, J. Leedom, Charles P. Jordan, Charles Bradley, Edward M'Gaughey, Patrick Bradley, John Welsh, Edward Baxter, Daniel Wiley, Thomas M'Kibbin, P. D. Miles, Jno. H. Coulston, Daniel B. Yost, James M'Cormick, Hugh M'Lain, Michael Sheny, S. B. Helfenstein, Patrick O'Neill, John J. Norton, Stephen Mullen, John Gilmore, Samuel S. Townsend, and many others. Reasons : The evidence was insufficient ; the identifica- tion of the defendant was incomplete, and there should have been no conviction ; the offence was committed daring the existence of a strike among and by the iron workers of the town, when there was consider- able excitement ; he is of good reputation for peace and quietness ; is GOVERNOR OP PENNSYLVANIA. 75 the only support of an aged mother, a one-armed brother and two sis- ters ; and it would subserve no good purpose to keep him longer in confinement. 61. PATRICK BROWN. Schuylkill count}'. Murder. September 19, 1870. Four years in Eastern Penitentiary. Pardoned October 2. Recommended " by Hon. James Ryan, president judge; Charles D. Hippie, district attorney ; Lin Bartholomew, prosecutor ; nine of the jury in the case; Wm. J. Matz, Chas. F. Rahn, J. M. Glick, James Glenn, D. E. Nice, A. J. Huntzinger, A. P. Carr, M. D., Ephraim Philips, Clement S. Foster, Jas. J. Conner, Henry A. Moodie, J. II. Hoover, Q. H. Helfrich, Richard Kuhn, and many others. Reasons : The evidence against Brown was only inferential, and if he had been alone upon his trial it would not have justified a conviction ; the fact of his trial, conjointly with others, against whom the testimony was direct and strong, had a tendency to bias the minds of the jury ; his character for peace and sobriety has been always uniformly good ; owing to his delicate health the sentence is equal to imprisonment for life ; he has a wife and four children dependent upon him for support ; and, in consideration of all the facts, it would be injustice to continue his imprisonment. 62. FRANK ARMSTRONG. Philadelphia. Larceny. July 12, 1872. Six months in county prison. Pardoned October 7. Recommended by Hon. Thos. K. Finletter, associate law judge; Christian Knears, John P. Wetherill, James L. Claghorn, R. J. Houston, Joseph R. Chandler, and by the following citizens of Lancaster county : John W. Johnson, Wm. M. Slaymaker, G. W. Keene, S. L. Kauffman, W. A. Wilson, M. Brosius, Thos. B. Cochrane, A. S. Henderson, Jno. K, Reed, N. E. Slaymaker, Philip D. Barker, W. D. Stauffer and Ellwood Griest. Reasons: Armstrong is believed to be entirely innocent of any guilty intent ; the crime was committed when he was supposed to be laboring under a mental alienation ; his relatives and friends knew nothing of the offence until after his conviction ; he is quite an aged man ; lie has heretofore maintained a respectable standing in societ3 T ; his conduct in prison has been good, and the ends of justice do not require the fulfilment of his sentence. 63. A. F. BUTZBACII. Luzerne county. Keeping a Disorderly House. September 19, 1872. Two hundred dollars fine and three months in county prison. Pardoned October 15. Recommended by 70 PAEDON REPOKT OF THE lion. Garrick M. Harding, president judge ; Hon. E. L. Dana, asso- ciate law judge; lions. L. D. Shoemaker and John Richard ; Hon Ira M. Kirkendale, ma3 r or of Wilkesbarre ; W. W. Ketchum, Hendrick B. Wight, Henry M. Hoyt, II. W. Palmer, E. P. Darling, G. W. Kirken- dale, Chas. A. Miner, M. J.'Phiebin, G. M. Miller, C. B. Snyder, and many others. Reasons: Butzbach keeps a Beer garden, where a large number of respectable German citizens were in the habit of go- ing, with their families, to seek recreation and enjoyment, after the manner of their people ; the said garden has been kept in as quiet and orderly a manner as any in the country ; the playing upon musical instruments was the chief cause of complaint, and has not heretofore been considered a nuisance in the community ; the garden has been kept by the defendant in the same manner for five years and was never complained of before; the ends of justice will be better subserved by relieving him from imprisonment. G4. JOHN GRIMM. Allegheny county. Murder. October 23, 18G9. Six years in Western Penitentiary. Pardoned October 15. Recom- mended by Hon. Thomas Mellon, the judge who tried the case; Hon. John M. Kirkpatrick, associate law judge; A. L. Pearson, district attorney; Thomas M. Marshall, prosecutor's attorney; E. S. Wright, warden Western Penitentiary ; W. C. Moreland, Miles S. Humphreys, Jas. S. Negley, Jared M. Brush, Wm. Phillips, C. Barnes, W. JS T . Oliver, James Dougherty, S. B. Neely, B. F. Lloyd, Wm. F. Davis, Samuel Bridge, Jr., and many others. Reasons: Grimm has always sustained a good character ; the offence was committed in self-defence ; he served his country honorably and faithfully during the war ; he has aged parents dependent upon him for support ; having served out half his sentence the law has been fully vindicated and justice satis- fied. 65. SEBASTIAN SEARLES. Union county. Larceny. February 21, 1872. Fifteen months in Eastern Penitentiar}'. Pardoned October 1 (5. Recommended by Hon. J. C. Bucker, president judge ; lions. Jacob Hummel and Cyrus Hoffa, associate judges ; J. T. Baker, Wm. II. Marr, Wm. Jones, EH Slifer, A. II. Diel, Alfred Hayes, Jonathan Wolfe. T. Worrill Lynn, and many others. Reasons : On the night of Febru- ary 12, 1872, two men, Wm. Hann and Wm. Richey, committed larceny in Lewisburg, and, on leaving town, fell in with Searles, who proceeded with them until arrested; there was no evidence that he had offered GOVERNOR OF PENNSYLVANIA. 77 any of the stolen goods for sale ; and the punishment he has alread}' suffered fully answers the end of justice. 66. JAMES MEREDITH and JOHN RICH, (both colored.) Philadel- phia. Bobbery. December 22, 1869. Each five hundred dollars fine and four years and ten months in the Eastern Penitentiary. Pardoned October 17. Recommended by J. Gillingham Fell, for the reasons that the imprisonment already suffered is sufficient punishment for the offence ; they are mere boys ; that John Rich is feeble-minded, and is now in the hospital with his health much impaired ; their parents are respectable people ; their conduct in prison has been exemplary, and no good can result in their further punishment. 67. JOHN BARLOW. Luzerne. June 1, 1872. Fraudulently Uttering and Publishing a Written Instrument to the Prejudice of Another. Fine of two hundred dollars and three years in Eastern Penitentiary. Pardoned November 4. Recommended by W. F. Halstead, the prosecu- tor ; W. G. Ward, recorder of the mayor's court ; and Cornelius Ward and Matthias Gehen, assistant recorders ; A. B. Stevens, marshal of the city of Scranton ; J. A. Scranton, editor of the Scranton Repub- lican ; W. W. Ketchum, Geo. Coray, J. II. 'Campbell, D. W. Con- nolly, M. J. Wilson, W. H. Gearhart, D. W. Rank, E. B. Sturges, C. Smith, Geo. S. Horn, A. Chamberlain, Geo. D. Butler, F. D. Collins, A. S. Hottenstein, M. W. Loftus, Thos. Dickson, John Raymond, John Holgate, and many others. Reasons : Barlow has made full reparation for the injury done, and paid the fine and costs of prosecution; his wife is a lunatic ; he has hitherto sustained a good reputation for hon- esty and integrity, and no good can be accomplished by his further punishment. It is stipulated in his pardon that the same shall be ut- terly void and of no effect if any money, fee, reward or compensation has been or shall hereafter be paid to any person or persons for or by reason of any service rendered or supposed to be rendered in procuring this pardon, or for or by reason of any cause, matter or thing touching or concerning the same ; and it is expressly declared and understood that the acceptance hereof by the said John Barlow shall be held and regarded as an adoption by him of this condition. 68. JOHN PARKS. Chester, October 29, 1872. Disturbing a Eeli- \lious Meeting. Twenty dollars fine and two months in county prison. Pardoned November 8. Recommended by all the members of the jury that convicted him ; Hon. Wm. Townsend, M. C.; Davis Gill, sheriff'; Geo. F. Smith, district attorney ; Thos. Y. Cooper, P. F. Smith, T. T. 78 PARDON 31KPORT OF THE Smith, Jas. E. M'Farland, Dr. D. W. Hutcliinson, Wm. B. Waddell, Rees Davis, J. Smith Futhej', Geo. M. Rupert, and numerous citizens. Reasons : Parke is a hard working industrious man, and has a wife and eight children depending upon him for support ; he is what is termed a u Loom Boss," and has charge of all the looms in the Beaver Woolen Mills, and by reason of his imprisonment the opera- tives of the factory are much impeded and may be thrown out of em- ployment ; Parke is a man very much respected and was unfortunate in getting into company of others who were really the guilty parties ; there being no danger of a like occurrence on his part, the punishment already inflicted is considered sufficient. 69. WILLIAM JONES. Philadelphia, May 23, 1872. Assault and Battery. Nine months in county prison. Pardoned November 1-1. Recommended by Charles Harris, J. B. Ascough, Matthew Corcoran, J. H. Pauling, H. S. Cassel, A. C. Gill, B. K. Widler, John Chambers, Wm. Watson, Chas. Godfrey and Thomas Armstrong, eleven of the jurors who tried the case; R. W. Warner, Richard Ellis, John C. Nipps, H. C. Dunlap, John Dumbells, Wm. J. Scott, II. W. Coupland, Geo. S. Mellor, Frank Guynn, Jno. C. Thompson, W. Wilson, Chas. W. Ridgway, W. F. English, J. H. Kennedy, and many other citizens. Reasons : Jones has a wife and family entirely dependent upon him for support, and whose condition is most pitiable ; having been ill, his physical condition demands his release ; he has hitherto borne a good character ; his conduct in prison has been uniformly good, and all the circumstances of the case call for his release. DEATH WARRANTS. 1. GEORGE GRANT. Sentenced January 31, 1872, by the court of oyer and terminer of Chester county, for the murder of Amanda R. Spence. Warrant issued September 11. Executed at West Chester, November 13, 1872. 2. MICHAEL MOORE. Sentenced September 4, 1872, by the court of oyer and terminer of Cambria county, for the murder of Anna E. Moore. Warrant issued October 11. Executed at Ebensburg, Novem- ber 27, 1872. G3VERXOR OP PENNSYLVANIA. TABULAR STATEMENT of the number of pardons, (with yearly average,) and death warrants, issued from the year 1791 to 1872, inclusive, with the names of the Governors by lohom they were issued, the popu- lation of the State at the time, and the approximate number of in- habitants to each pardon. ^ TJ M ~ ^ O . > o <"*" O ^ ?' 33 a eo ^ """ "^ ~ts o y o_ o z '- o 2. ~ g; S-- YBA.RS,! NCLUSIVK. (4 ? '- OTJ ~-< > 'p s p BY WHOM ISSUED. a si a o 3,3 s, O O M CG O ' 3" ^3 ^j C 2. 3 in ? . T ^ From 1791 to 1799.. 9 434, 373 1,188 132 10 3,300 Thomas Mifiiin. 1800 to 1808.. 9 602, 365 1,909 212 10 3,000 Thomas M'Keau. ' 1S09 to 1817.. 9 810,091 1,555 172 6 4,700 Simon Snyder. ' 1818 to 1820.. 3 950, 000 1,304 431 6 2, 200 William bindlay. 1821 to 1823.. 3 1,047,507 787 263 4 4,000 Joseph Heister. 1824 to 1829.. 6 1,200,000 821 136 7 9, 000 John A. Shultz. 1830 to 1835.. 6 1,348,233 502 83 8 16, 100 George Wolf. 183S to 1838.. 3 1,520,000 481 160 6 10, 000 Joseph Ritner. 1839 to 1844.. 6 1,724,033 725 120 14 14,400 David R. Porter. 1845 to 1848.. 4 2, 000, 000 327 8L 11 24, 700 Francis R. Shunk. 1849 to 1851.. 3 2,311,786 378 126 6 19, 500 Wm. F. Johnston. 1852 to 1854.. 3 2, 500, 000 326 108 11 23, 100 William Bigler. 1855 to 1857.. 3 2, 700, 000 161 53 8 50, 900 James Pollock. 1858 to I860.. 3 2,906,215 216 72 12 43, 000 Wm. F. Packer. 1861 to 1866.. 6 3,100,000 763 127 18 24,400 Andrew G. Curtin. 1S67 to 1872.. 6 3, 650, 000 425 71 23 51,400 John W. Geary. 82 11,863 146 160 UC SOUTHERN REGIONAL LIBRARY FACILITY A 000 605 221 1