Daily State sentinel. [volume] (Indianapolis, Ind.) 1861-1865, 1865-06-07
From the Indianapolis Journal
The Controversy concerning BcW les
and miltsgan.

An esteemed friend sends Us a communication
which we publish. in which he takes issue with
" in our remarks OF Yesterday in reference 60
The disposition made OF Bowles and Milligan
We publish his communication with pleasure. as
we always desire te make the Journal reflex OF
the sentiments OF our political friends, and II our
judgment does not harmonic with theirs on
questions where a difference Of opinion may be
tolerated. the great body Of our readers can
Judge between us. We justified the clemency of
the President on the ground that the ofense for
which Bcwles and Milligan were tried. had no,
extended to the point OF actual attack upon The
citizens OF the State or the forces Of the United
States and no blood had been shed in further
ance of the conspiracy. In answer to this Cit
izen refers 10 the murder OF enrolling officers,
houses burned, de-erters harbored, and other $50
lated acts OF hostility 10 the Government 10 this
State and Illinois; but these were not the prin-
cipal offenses for which Bowles and Milligan
we're tried, but they were the results OF the teach
ings of nearly the entire Democratic press of
the State, and of large portion Of the politi.
clans of that party II every man whose In
huence contributed TO those acts should be
hanged. there would not be a township in lndi
ana which would not furnish its candidates for
the gsllows. The ofense which secured the sen
tence Of death on Bowles. Mligan and Horsey
was the organization for general insurrection,
the release OF rebel prisoners, and the overthrow
Of the Government This ia evident from the
lenient sentence of Humphreys. who was arraign-
ed and tried with them, but who was not found
10 have participated in the chief crime charged
against his co-defendants
AS 10 the criticism on our remark that the
moral guilt of Bowes and Milligan Was less than
| If they had consummated their scheme of oper
rebellion and bloodshed. we think cur view:
could no; DE misunderstood We used the ter m
moral in contradstinction to legal guilt and what
ever may be thought Of guilty intentions tn,
/ law, general rule. makes marked distinc
ton between intentions and acts Ii an indi
vidual determines TO murder another. and pur
sues him for that purpose, yet fails to strike the
blow, even though prevented by arrest, he has
| committed criminal offense.
IL he strikes the blow, but fails to kill, he can
not be hung for murder. but only imprisoned ioi
| a feionious assault and battery. On this prin
ciple We did say that while those men had in
Cured the legal guilt Of treason. their offense
is notas heinz as it would have been had the,
proceeded 10 the execution ofther plans.
We think the argument of Citizen" that III,
cuprits could not have been hung during th,
continuance Of the war. without provoking retail
ation from Richmond. is not justified by the facts
! The Government did hang Beill and Kennedy
in New York who were commissioned by Davis
| himself TO burn and pIllage in the Northern
States, yet we never heard OF any retaliation fol
their execution, and certainly il would have been
| humiliation to which our Government woulC
not have submitted. TO refrain from hanging ou
own traitor citizens, 10 consequence of any threats
| from Richmond.
Our correspondent abhors the idea OF policy IL
dealing with traitors. but if he will consult his
tory he will find that the most successful ruler:
| have been those who Gained the anmosities pro
duced by civil war by tempering justice largely
with mercy On this point we invite his atten
| ton To the conduct of William of Orange, who
drove James III from England aud of Napoleon
|, alter he was made the First Consul of France
| The case of our Revolutionary War furnishes
| another example Will Citizen" take the
trouble to ascertain how many of the thousand:
of tories OF that period were executed after peace
and Independence we're assured?
But it is feared that transfer of politca
power may yet open the prison doors of Bowe'
aud Milligan. and turn them loose to triumph
over as. Well, il is not likely that their execu
ton would prevent that, and il majority oil
the people imbibe their principles. we guess they
ought TO be turned loose, and in that case We
shall probably need clemency ourselves
| Our correspondent. and all Others who are dis
satisfied with the action OF President johnson in
this matter, should bear in mind the fast that he
! himself stated that il was not 10 be considered
a precedent for other cases, as he was but carry
| ing out what the lamented Lincoln had deter
mined upon before his death Ought it to be
considered an objectionable transgression fol-
President Johnson to follow the humane inclina
ton of his predecessor. for prominent citizen:
of Indians 10 advise him TO do sOr