The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1865-06-13
Tuesday Morning, June 1S, 1865.
The Civil Punishment of Treason

ButieW trials for treaeonehaHe ever occur
reo 10 THIS cJuntry, and large proportion of
the cases have resulted in the acouittal of th
defendants. From the nature of our instifn4
uens great freedom Of opinion, and even what
!h mcnarchlal countries would be construed
2 lneo reasonable action, has been tolerated and
encouraged. A people who frequently choose
new rulers must have fair Opportunity II
discuss the actions 0fthoss who are, and those
who aspire to be, their Lawmakers and Exc
culVes. IL Is not always easy to draw the
exact line between patriotic and reasonable
Opposition to an Administration. Two men
may perform the same act, or use the same
language, and one be animated by good and
the other by bad purpose. But il Is never
theless necessary for the safety and security
OF society, and ior the preservation of the very
freedom TO which we e1haye referred, and ali at
tempts to overthrow by force and violence
our GoVernment, or TO subVert the laws bv
revolutionary measures, should be sternly
checked and severely punished. A republic
ls tne pest form Of government, but an anar-
cny is the worst The most fearful fate that
can belall nation is to have its destinies con-
troLed by the caprices of armed mobs, or
shaped and directed by crafty and desperate
consplrat0rs. IL defeated minorities were per
mitted to defy the popular will at pleasure.
and TO ssecede'' whenever they could not gain
power, the electivesystem, OF which we are
justly proud, would become scourge instead
OF blessing. One gigantic attempt to perpe-
Tate this crime has baen made on scale that
has shaken the very foundations OF natibn.-
we should spare no pains to make it the last,
as IL was the hrst, great rebellion. 1t is not
enough to beat down its armies. We must
punish its leaders, and show that treason can
be conbated successfully in OUT civil courts
as well as the tented felds shss ha4
The intention and meaning of the Constitu
in, hnHr rfrrr <not< 4
II the rulings ofjudges are somewhat doubtful
and conhictingy and the real judicial interpre-
tation OF the collateral questions, which are
certain TO arise In treason trials, unsettled. il
Is tlma that they should be authoritatively |
settled now, at period when the public mind |
Is keenly alive 70, The dangers Of civil war
we would have nojudge disgrace his office by |
Shameless disregard OF precedents and Df the |
usual systems or Interpretation. But where |
the scales are evenly balanced on technical
points, the welfare o. the American people
demands that all the new weights of this era |
should be thrown on the side Of National pro i
lection. II there are doubts, it is far better |
tney should be solved in way that will pro. 4
mote the interest," of'thirty millions of people |
than that they should fnrniah i.s4a
escape OF blood dyed criminals, and Tor the en-
couragement OF new generations of traitors
hereafter. Our existing laws against treason I
are amply sufficient to secure its punishment, |
If they are interpreted according to the spirit |
OF the common law upon which they are par |
TALLY founded, or the decisions OF the Supreme |
Court OF the United States. But there has
nevertheless been some subtle reasoning on
the bench, akin to the Secession logic with
which our Senate Chamber has too often re
sounded. 1t will be better now and hereafter |
If the true spirit ofloyalty which is predomi-
nant among the people, ,,and which is SO pow
ertully exhibited in the Executive and Legis 4
-lative branches of the Government, should
also find fitting exponents in the Judiciary
F, OF this we have no fears. Phila. Press. saniA|