New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1865-06-07
ro rsayG or NOT TO HANG.

TO HANG Or NOT TO HANG.
We cannot find time or space for an exposure
Of all the misapprehenSions, Measurements a''u
evidences Of mental chaos, which are daily
sent us with regard to the proposed execution
of certain leaders Of the lie Rebellion; yet
some of the most mischicyous among them sem
worthy of serious consideration. For instance:
Mr.. A. J. Smitl., of Danvle, Pa, favorS Us
with an elaborate IN conception of oil we have
thought or said on this subject. whence we Gull
the following points that seem worthy Of atten.
ton Says he:
1.-THE leaders Of the REBEL H. according 20 the
Constitution (as shown by leading article in yoar
paper few DAYS ago. are guilty of treason. for which
the law claims that they should suffer DEATH and fso
why shonld not justice DO administered
Ansuor.-No, Mr.. Smith the Constitution
does not say that "hc leaders" especially aIe
guilty OF treason, but that all Of 0ur country
men who have been concerned in "levying war
against tie United States, adhering TO their en-
emies, giving them aid and comfort" are thus
guilty; and the law prescribes death as Their
punishment Not one less than T,oo M'thons OF
American men and womeni have been thus
guilty of treason, and are exposed to death by
hanging as the legal penalty of that crime. Now
yor do not propose actually to ,ang all these
men, women, boys and girls any more than we
do; the largest number that any of Your school
have ever estimated to us that it was proper to
hang WIS fifty thousand; which is but one m
forty of the guilty. Others have reduced the
number 10 five thousand one thousand, AID
even lower. Now, then, what right have you,
who propose 10 hang u fortieth. o. much
smaller proportion, OF the guilty, 10 put on such
airs to us. who would treat al the Rebels pre-
cisely as you would treat the immense majorl-
"? Where il the di erencc In principle be-
tween Us, And which of Us eyinces the greater
consistency
Say Mr.. Smith again:
1T is my opinion (and believe express the feel.
ngs of thousands OF your readers ths. II tho leaders
1.-THE Rebellion have committed crinH, il is IN rs
That they should DO held for trial. particularly IN prison.
but If thu committed any crime, !. Is equally TN
Just that 1. should 90 uupunished"
Very yell Mr.. Smith: 1.-The leaders - hare
committed treason; and so have the followers;
yet you favor the accomplishment Of the latter,
in clear violation Of your ON principle that,
81 if they have committed any crime, j. is unjust
that they should 90 unprn ed" Justify your
omn exemption of the 'mmcnse majority from
punishment and you vii have Justified or
position as to the residue.
Let . hear Mr. Smith once more:
"a few.days ago the Nation was shocked by the
murder CT our noble President but very soon aficT-
ward the people reoiced 20 kiov that the ASSASSIN
had been killed. and look hopefully for the vindca-
ton Of Justice IN the Of thoss connected with him
And vet will any say they ere more deserving OF
death than those who have been tie Of numbering
hundreds Of thousands Of the MODEST and brasest
men Of TIE land
Yes, Mr. Smith! yon say that very thing
You demand the exc uiion Of all the assass'ns
without discrimination, while you want only
" the leaders" of the Rebellion punished. You
therein proclaim your orn c. ar conception of a
radical moral difference between Rebellion and
Murder Having thus routed your own doc
trine. You have saved US the trouble.
The civilized world has long since determined
and agreed that, while to kill men in order to
overcome rebellion is perfectly justiiiablo, to
execute them as rebels after their revolt has
been utterly suppressed, is Of very dubious pol
icy and questionable humanity Austria killed
many thousands OF Hungarian in putting down
the uprising under Kossuth, and 70 one de-
INJURED: she hung thirteen only of the Military
leaders surrendered Internationally by Gorgoy
at Villages, and all ChristendOm cried shame
upon her. Suppose these had been surrendered
und r a capitulation Ike that Of Lee, or John
ston, or Dick Taylor, or Kirby Smith, and she
had proceeded thereafter to try, convict, sem
tence and hang them, she would have boon exc
Grated as perjured and infamous to the end Of
time To this effect, the verdict Of History is
emphatic and overwhelming. (See what it says
of the execution Of Marshal Ney under the Bour-
bons in 1915. Yet he was precisely such for
sworn traitor ar Robert L. Lee, and not half 80
well shielded by terms Of capitulation)
If we could SEQ how tho hanging Of q score
or so Of those Rebel chiefs who are not protected
by Military capitulation would benefit either
the Blacks or the Poor Whites Of the South, We
might be reconcied to it; for We regard the
cnfranchisement and elevation OF o race as Of
more consequence than any dozen lives. But it
seems to us that hanging men in cold blood, for
no other crime than defeated, brcken-iown re-
belon, is calculated to enshrine them in tn
memory Of their followers, to embitter the late