The New York herald., 1921-12-31
DAUGHERTY TELLS
WHY DEBS Is FREE
Continued from First Page.

not no will obey the law. Therefore.
whatever action Is taken Ia these cases.
care must be taken that the act Of grace
for in most cases IL can De nothing
but an act OF graoe--is not misunder-
stood 10 be en- act OF justice and a vim
dication Of those who. by their acts and
utterances. still assume an attitude OF
defiance TO the Government.
Other Grounds Advanced.
.'other grounds urged are: That tho
war being over further imprisonment
is unnecessary ana therefore partalSes of
vengeance; that che crime is a. political
offense and therefore should be forgiven
immediately upon the restoration OF
poace; that mercy, forgiveness and un-
derstanding should be extended TO all,
including Debs, who were unable TO
make the spiritual and moral adjustment
necessary to conform TO law, and lastly,
that tho sentences imposed in thia class
OF cases are grossly severe and unequal
on persons committing the same Of
fenses.
1T Is true that the war ia over. and
as result OF great conference now
being held In this country, we have rea-
son 70 hope that such q calamity VIII
never occur again. hnd yet. with ail OF
the good purpose and intention on the
part OF civilization everywhere az the
present time, the unexpected may hap
pan and we might unavoidabiy and un-
expcctedly be drawn into another war.
During his Canton speech Deba said:
IL the war was over tomorrow all
the prison doors would be opened.
They (the prosecutions) were just TO
silence these voices during the war,
and the cases will be pending In the
courts for months, perhaps years.
"Is II any wonder that men dare to
violate the law IL they are to be treated
az merely interned aliens to be released
Immediately upon the cessation Of hos
tilittes? II people, in the country's
greatest extremity, are permitted, not
only TO refuse to assist the Government.
but to defy the law and incite others
10 like acts of obstruction and disobe-
dience, and to do so with the knowledge
that upon the establishment of peace they
will be Immediately relieved OF the PEN
atty incurred by reason OF such disloyal
conduct, upon what ground can II be
hoped that others will make the sacri-
fees and stand loyal TO the Government
in It's hour OF need?
80 far, therefore. as the foregoing be-
ing grounds for clemency upon the re-
storation OF peace. the reason for con-
tinued enforcement Of sentence still ex-
iats es n very necessary example TO
others in order that In any future con-
tingency they may not be tempted TO
disregard their duty as citizens and defy
and hamper the Government in It's ex-
tremity, IN the hope. and with the be-
lief, that all will be forgiven as soon as
peace IS declared There Is, therefore
no valid ground for clomency in the fore
going argument.
yaI1andigham's Case Recalled.
"On this point IL Is instructive 10 refer
to letter written by President Lincoln
June IL, 1868, TO Erastus Corning and
others who were moved by sympathy In
behalf OF Vallandigham, who made the
same kind OF speech at Mount Vernon
Ohio, at the critical period of the civil
war Just after the Battle OF Gettsburg that
Debs made at Canton. The Two speeches
are similar in spirit and attitude There
was no espionage Law on the statute
books at that time. but Vallandighara
was arrested, court-nartialcd. found
guilty and condemned to Fort Warren
in spite OF tho protests of Northern
sympathizers. In that letter President
Lincoln said:
And yet, again, he who would dis
fuade one man from volunteering or
induces one soldier to desert. weakens
the Union cause 90 much as one who
kills Il Union soldier in battle. Yet
this discussion or inducement may be
so conducted as to be no definite
crime OF which any civil court would
take cognizanco.
Continuing further. ne SAID:
Long experience has shown ne that
armies cannot be maintained unless
desertion shall be punished by tho
severe penalty of death. The case re-
Qulres and the Constitution sanctfons
the punishment. Must 1 shoot a sim
pie minded soldier boy who deserts
while must not touch hair of the
willy agitator who induces him 10 de-
sert? :. ~n.s Il think in such a case
20 silence the agitator and save the
boy is not only constitutional, but
withal great mercy.
Justice. therefore. as well az mercy
and forgiveness. must be recognized as
a principle In determining these cases.
Regarding the claim that mercy. for
bANNlltSs anu uDucTstanulnB E1CulQ We
extended to all who were unable to
make the spiritual and moral adjust
nent necessary 10 conform, to law, that
also Is fallacious unless there Is ground
for believing that such act of clemency
will IN the end tend to restore the recip-
lent to good citizenship and patriotic
adherence to his country. That thought.
however, seems visionary and far
fetched ne applied 10 many who have
been convicted and are now undergoing
sentence for violation OF the espionage
law. have no hesitation in saying.
however. that regard Debs as gincere
in the attitude he has taken, but that
fact does not justify the belief that an
extension OF clcrnency will alter the
views he ertertains. although II may be
that his experience in the penitentiary
will cause him TO restrain HIS utterances
In the future.
Debs'- Former Offense.
we cannot forge, that this ia the
second time this defendant has set up
hts opinions and theories OF government
and against tho Government itself.
LIT viii be remembered that in 1891
no was the most prominent leader In
the so-called Pullman strike. Tho Sr-
prene Court Of the United States In hin
case I'm re pebs, Petitioner, 1853 u. S.
1g4-600). decided IN 1898, seems not
To have impressed him that this is a
government By law and that Il Is the
duty of every citizen 20 obey The law.
u a.. &n autfttauta Hpr-