The New York herald., 1921-12-31
SATURDAY, DECEMBER 81. 1921.
Debs's Pardon and Daugherty's
Recommendation.


The Attorney-General of the United
States, Mr. DAUGHERTy, has made
public his recommendation in the
Debs case--the document upon which
the release of the unrepentant sedi-
tionary was based
The recommendation consists Of
thirteen pages of closely typewriter
matter. Twelve Of the pages are de-
voted to history of DEBss offenses,
his trial and conviction and the ex-
animation of the appeal by the Su-
preme Court of the United States.
This history, already familiar, shows
clearly the guilt of DEBs in attempt
ing to incite disloyalty, insubordi-
nation, mutiny and refusal of duty
among the American military and
naval forces.
Midway In this review we come upon
a statement which would lead the
reader to believe that Mr.. DAuGHEHTY
was about to insist that DEBs be COM
PEELED to serve out every day of his
sentence:
'Tf people. in the country's great
est extremity. are permitted not only
to refuse to assist the Government
hut 10 defy the law and incite others
to like acts Of obstruction and dis
obedience. and to do so with the
knowledge that upon the establish
ment of peace they will be immedl-
ately relieved of the penalty incurred
by reason OF such dlsloyal conduct,
upon what ground can 1t be hoped
that others viii make the eacrihces
and stand loyal to the Government In
It's hour of need?'
The argument is unanswerable.
Mr.. DAUeHEITY states in that para
graph the complete case against the
release of DEBs. But DEBs is free!
Let us search closely this remark
able document. for in justice to Mr.
DAUoHEETY, who recommended the
communication OF DEBs's sentence.
there surely must be found some rea.
son for his official action.
Perhaps one Of these supposed rea-
sons Is discoverable toward the close
OF the recommendation, where the
Attorney-General says:
There is, however. in this particu-
lar case of DERs a danger not often
encountered. ana that is that his pro-
ionged confinement will have an in
furious effect on a large number of
people who will undoubtedly regard
his Imprisonment unjustihable. either
as judged by his acts--that is. as
considered by his utterances--or by
existing conditions. II this thought
affected only few II would be inn
material, but undoubtedly q large
number OF persons will entertain this
same view and. since the primary OBJ
iect OF punishment is the beneficial
effect II will have upon society from
the standpoint OF example. continued
confinement beyond a certain period
may uIlucT ltft COftulLlDuk Ect IOTIl
be far from beneficial in It's tendency
in other respects"
In other and palmer words, be-
cause some thousands Of Iawless, wit
less or mawkish persons believe that
DEBs must never be punished, even
when his acts run to the verge of
treason, and because they have
flooded Washington with what Mr.
DArsUERrY describes as IAN over
whelming mass or letters. petitions
and resolutions" then the Govern
mcnt must set DERs free: set free
man Of whom Mr.. DAUeuERrY says
that 1T Is impossible to estimate
what, during his life of activity. the
defendants opposition to law aud or.
deriy government has cost in life
and treasure.
II the friends and admirers OF i'm.
prisoned moonshiners and bootleg
gers write enough letters, petitions
and resolutions to "overwhe1m" the
Department OF Justice, will the moon
sinners and bootleggers be released?
But let us press on toward Mr..
DAuGHERry's further reasons for rec.
ommending the release OF DrBs:
aside from the offense Of which
pxss was convicted his private life.
= am informed, has been irreproach-
sble."
so he had nothing on his conscience
>pt repeated attempts TO betray
,,nagg,,r-=sssyptry in its hour OF peril! Mr.
49, ..hY goes on:
rohmeT feel that considering Dxps's age
H,seonnectiop with an other matters