New York, August 4, 1865.
I should have been in favor of strict justice, that is,
death, for the worst, — not from revenge, but distinctly to stamp treason as
treason, which has never yet been done in the United States, while in our
country it is treason indeed. In fact, treason here is like those infamous
conspiracies in the Middle Ages, of some bloodthirsty nobles — on a vast scale.
But all this is out of the question. As to exile, we must not forget that we
can only get at it by way of conditional pardon, not by a law; whence arises
immediately the difficulty, what will you do with the traitors who do not apply
for pardon, or who decline accepting it? In European countries, at least I
believe in all European countries, a pardon is an official act – which the
culprit cannot decline if he desires it. It is there as authoritative an act as
the verdict of guilty. It has been decided differently in the United States,
because, it is said, it implies an acknowledgment of guilt. Of course the
matter would be still very difficult in case of death, for suppose a man
sentenced to be hanged would not accept of pardon, he could not be executed. Be
this as it may, in the present case of traitors, pardon cannot be forced upon a
man. Now what is to be done with men of the worst kind who do not apply for
pardon, like Hunter, and who decline your pardon on condition of exile? This is
the only difficulty I see, and a very great one it seems to me. What if Mason
and Slidell should quietly return and defy the Government? I really wish some
six patriotic, calm, deep, and far-seeing men — some thorough lawyers, some
statesmen, and judicious, plain citizens — could hold a consultation.
SOURCE: Thomas Sergeant Perry, Editor, The Life and
Letters of Francis Lieber, p. 358
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