Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1859-11-21
Tho Hoosiers nt nnrper,s Ferry

The Washington Constitution publishes the
argument of The Hon. d. W. Voorhees, Of Tcrre
llaute, Ind, upon the trial Of John Il. Cook,
indicted for Treason, Murder aud Incting
Slaves to rebel at Harper's Ferry, Va, Oct. II,
lS59-delivcred at CharlestOwn Va, Nov. 8,
1859. The Constitution is particular as to dates
and phraseoogy and so are we. The COnsti-
tuition calls it "a powerful and truly eloquent
address, va forensic effort ofunsual briliancy,"
"a beautiful and touching appeal, and adds that
"no one can finish the perusal without feeling
that he Is a wiser and better man and a truer
patriot" The article in tho Constitution looks
very much like an insinuaton that Cook might
be pardoned without danger to the perpetuity
of the Union and "them things It will be borne
in mind that Cook was convicted only ofmurdcr
and insurrectioD--nOt of treason. It is in the
power of the Democratic Governor of Virginia
to pardon the brother-in law of the Democratic
Governor of Indiana. No authority supervenes
but the authority fthe mob.
We have perused the argument of the Hon.
Voorhees,, in the hope ofbecoming "wiser and
better men aud truer patriots One candid
opinion Of the performance is that the Hon.
Voorhees, let the law slide and cast all his hopes
on the dictionary. In the five ponderous col>
umns which the speech occupies in the Con-
StitutiOn, we ind not one alluslon to the indict-
ment, or even to the evidence which was pecu.
liar to Cooks case, but in place of authorities
aud decisions and constructions of law we have
the most hord array Of metaphors, and quota
tions from scripture and the poetical works of
Fitz Green Halleck, together with the most
urid complication OF curses against Senator
Seward, Senator Hale, Senator Sumner, Joshua
r. Giddings, Theodore Parker and Henry Ward
Beecher, that can possibly be extOrted from the
English tongue It's signiiiencs as an argu
.. L.. fnl
lowing statement of facts: Cook had made a
confession in open court of the crimes Of muir
der and insurfection, ct the instance Of Gov.
Willard, but had pleaded not guilty to the in
dictment of treason Brown, C0ppic Co. had
already been convicted of murder, insurectiOn
and treason for the same acts which Cook con-
fessed If convicted of treason as we'll as muir
der and insurrection, Cook must inevitably go
to the gallows. While his confession cut off
argument as to two of the alleged offences, the
third and fatal count in the indictment was still
open for argument And it would seem that to
this point the whole force Of Mr.. Voorhees, lore
and logic should have been directed.
But not so. The word Treason does not ap
pear in the entire five columns, except rs applied
10 Seward, Giddings, and other parties not be-
fore the court. As we understand the law of
treason, it is necessary TO prove an overt act
pi ei armis for purpose reasonable in itself;
that is for the purpose of subyerting goy1rn-
mem The act to be proved by two witnesses
or Ivy confession in open Court. In is ne.
cessary to show that the purpose was that of
overthrowing the Government, as that the overt
act was certainly committed. But there is no
evidence that Cook struck a blow having in
view the overthrow Of any government on
earth He took up arms as men take them up
every day-having certainly less legal tendency
to the overthrow Of government than the Xxi.
lers' of Baltimore or the dead Rabbits OF
New York, when they surrounded the polls
with brass knuckles and royolvers. Here was
point around which bona fde lawyer argu-
ing bona fde cause would have built an I'M
pregnable fortress of law, precedents, decisions
and rulings taken from the first authorities Of
England and America. All the cases of trea-
son which have been passed upon by the
United States Supreme Court would have up
held his client. But it was not the purpose
of the Hoosiers who had Cook in charge to put
on record any such heretical notions. If they
should hold that Cook had not committed trea-
son, what would become Of the torrents OF
malediclon heaped upon prominent Senator'S
and citizens in the Northl Where would be
the ocean ofwrath discharged upon Old Browns
head for his treason! What would be done TOR
epthets in Indiana and elsewhere next year 10
launch at the Republican partyl Messrs. vii
lard and Voorhees, juggled their brother,in law
through his trial, and procured his acquiltal on
on the dangerous section of the indictment, in
a way which common people do not exactly per
ceiye 1t may be that the Charestown jury
were charmed out of their wits by the tropical
phrases ofthe Hon. Mr.. Voorhees,, but for the
sake of Virginia we should be loath to believe
it, There is one other explanation ofthe mys-
terry, to wit that the Hoosiers and the Virgini-
ans agreed beforehand that Cook should not be
hung. We merely make the suggestion
| ChidgO IribVRe.