The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1859-11-03

graphic report OF 0riswold's speech in do
fenss Of the prfsonse on trial at Charleston,
Virginia. II ID evident that the dinsn1isus
d this Harpsr's Ferry insurrecsion are sal
fsring diminution day BY day. The grand
army Of the insurgents, which seensd at hrst
to number tens OF Thousands, white and black,
ID reduced latter the fashion Of Jack Falsta6's
81 hundred men In buckram." And now
Griswold is bringing comm on sense and sonnt /
lew 10 bear upon tho case, and puncturing
the sunid eloqueaoe Of the Virgipia1 lawyers,
and instead Of bloody treason, levying war,
ovsrthrowing the sovereignty Of the "oid
Domiaion," and I'll that, the case 10 in tho
sys Of the law, the common case OF resist
snce of officers, TO-, DO:
CuAxLxsroF, Va, Oct. 81. !
The Court met ct 8 O'Clock this morning.
The prisoners wore brought in and the tri-
Al proceeded without delay.
Brown looks better than heretofore, and
his health is evidently improving. He laid
on the bed a. usual. The Csurt House and
its approaches ara densely crowded.
Nj. Griswold appeared for the defence,
taking up the several charges Of the indict-
mont, replying to the points made in the
opening argument OF tho prosecution. He
alluded to the peculiar circumstances sur
rounding the present case, and hoped the ju-
~ would give it calm and dispsssionats ct
tsntion, divesting their minds, - far 40 pos
sible, OF eli prejudice, and disregarding out
side influences. Let the prisoner have an
impartial trial under the laws Of Virgins,
and let him be acquitted or convicted accord
ing TO those laws and the evidence given in
she case.
With regard tn The, ehasssA o. treason
brought against the prisoner, Mr.. g. argued
that brown could mot be guilty OF treason, ~
be was not citizen OF the Commonwealth,
and none but citizen Of the Commonwealth
could commit treason. Never aaviLg y wS1E
allegiance to Virginia, he could not be . rebel
against her authority. He was also charged
with levyinx war against the State but the
evidence given did not support the charge.
There was great difference between levy
inE war, and resisting authority by men who
are songregated together to perpstrate crime,
and have their rules and regulations, when
they are assailed they defend their lives to
The utmost, sacrificing their own, and intend.
ing to sacrifice the lives of others, but thstis
resisting, not levying war. He would not
shrink from the admission, and the prison
Or had openly admitted it,-that those men
came for the purpose Of running away slavss;
that was criminal under the laws OF Virginia,
for which the prisoner was answorable to
punishment TO the extent OF those laws in
carrying ont that purpose. He temporarily
took possession Of tho Arsenal ct Harpsr'si
Ferry, while there attempts were made to ar
rest. Mr. @. had no complaint to make
about that, but it Was in resisting those at
tsmpts that this blood was shed, and tho lives
sakes, and not in lsvying war against tho
State. IL Was in resisting that which 10
claimed to be the legal authority Of Virgins,
seeking to arrest those men assembled in Vi
olation of laws, which things Asve often hap
pensd.
J.ils have bssn broken open and men ia
ken thence and executed ia defiance Of law
after being acquitted by jury Of their ooun-
trymen, and the power Of the Sheriff tramplsd
under foot. Neither does it constitute the
levying OF war ii murder ensues, because the
commission OF the offence OF shedding blood
may not have been contemplated. II 10 said
there was an organised government. Apam-
phlet 10 referred to - evidence Of that fact,
but it does not necessarily follow that the
overthrow OF the Commonwealth OF Virgins
Was contemplated BY anything that appeared
in that book. The most harmless organize
tions in tho country have been created with
| all the outside forms and machinery OF Gov
eminent. In debating societies govsrnnsnts
have lbeen established, resolutions and laws
discussed, and any one reading the bulletin
OF these associations and knowing nothing
about them, would suppose them miniature
governments, organised within the limits OF
| the existing governmsnt. No matter what
names, what officers they may have, that Of
itself is not sufficient Bands Of robbers and
desperadoes have their rules and regulations
and their officers, and prescribe death ~ the
punishment for violation Of their laws, but
that docs not imply that they contemplate
the overthrow Of tho legitimate. Il il only
an association Of government to control them
selves in their intercourse with each other.
| He further argued that the jury could not
find Brown guilty Of treason, unless they find
him guilty Of Assooiating with others to or
ganiIe government to subvert and over
throw the government Of Virginia, but ii the
pamphlet proves anything, il shows that an
attempt was made to organise government
| In opposition 70 the government OF the Uni
ted States, and not q Virginia, for al the
tools used, I'll tho officers appointed, have
reference to government like that OF the
United States, but i vas vague, unneaning
language, which really proves nothing ct eli.
However there Was clear answer ia Il which
must be taken 6rst. He referred 10 the dis
tinct and positive statement that il oontem-
plated no overthrow OF the State govern
ment, but simply the repeal or amendment Of
obnoxious laws in : constitutional manner.
The learned attorneys who opened the case,
seemed to occupy this ground entirely, not
| even going over the evidence vherain thu
treason was proved.
de said tho prisoner was guilty II giving
aid and comfort to the enemies 81 tie oom-
monwealth, and that Was the only spscifoa-
ton be made charging the defendant with
treason. He WAS surprised to bear that gem
tleman burst forth in such sublime apostro-
pho to freedom in terms and Language and
with action Of such surprising eloqnence, that
no one need be told that HI raaaiiad insnira