Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1859-11-08

2
North are cowcd and trampled under foot by i'm
pudent blatant Aholitionism, and the sooner
! the tyrant is overcome the better ii will be FOR
their trade and commerce, for the value Of their
real estate, their manufactures, their ships and
! for the prrmancncc and perpetui'y Of the
! Union.
The Law Of Virginia forbids the Pardon Of Brown
! The sympathy that has been enlisted for the
Cilarlcstown prisoners, has oycrSteppcd the
bounds Of wise discretion, and in asSailing the
State of Virginia, her people and executive,
has defeated its object.
The trial has been denounced IS began too
soon, AMI conducted with Indecent haste
What is the great fundamental principle Of
"criminal prosecutions as embodied in the
Constitution Of the United States, and the Bill
Of Rights OF the several States o! this Union:
A SPEEDY TRIAL By ~ IMPARTIAL JrEY IS
demanded By the Bills of Rights Of twenty-five
States in the American union-ard the Amend
ment of the Federal Constitution also provides,
in tine words Of George. .Mason'S Bill Of Rights,
for n SPEEDY TRIAL. The universal pre-
sumption Of innocence on the part Of the &C.
cuscd dcmandsa speedy tria'-and, until the
mawkish sympathy recently manufactured at
the North began its preaching of Indecent
haste" speedy trial was esteemed the
guaranteed right Of the accused, TO have denied
which would have been in violation Of our own
Bill Of Rights
Fana,ica love for the criminal, now desig-
mates a speedy trial" as conducted with sin
decent haste" and endcavors to compromise
the dignity and justice Of Virginia with insln-
uations against her courts oil justice. Such
Conduct is not calculated to al'ay the excited
feelings Of Virginia, or to temper justice Win
mercy; nor does such sentiments aud conduct
tend to reconcile an injured people with the
Union. Il serves no GOOD end either 10 the
prisoners, the coIntrv, nor the Northern peo-
picard the sooner returning rcascn asserts
her sway the better for all, for the prisoner, the
Government and the people.
John Brown has had his jus! rights. "a
speedy trial b. an impartial jaiy; ne has mad
the mature and cause Of his accusation eX-
plaincd to him; he has been confronted with
his accuscrs aud witnesses; he has had all the
"cyidcncc in his favor" that he desired. By the
.unanimous consent Of an impartial jury he
has been found guilty. he was not compel
led to give evidence against himself; nor was
his voluntary confession used upon his uial;
but he will he deprived Of his life by the law
of the land and the judgment Of bis peers.
Thus every right secured ''in criminal prose
cu,ious" by our Bill of Rights has been
freely and fully eXtsndcd to the prisoner; and
that prisoner has expressed his satisfaction
with the trial and all its incidents.
.SIoU .Tohn BTorn be parlo"etf The law
Of Virginia, chap. II, section IS, provides
The Governor shall not grant pardon in
anv ease before conviction, NOR TO ANY PERSON
CONVICTED OF TREASON AGAINST cnE CoNMON.
WEALTH, EXCEPT WITH TIE CONSENT
( or TIE GENERAL ASSEMBLY, DECLARED
| BY JOINT RESOLUTION. NEITHER SHALL
nG GRANT \ GEPwIEyr TO ASY PERSON CONVICT
Id OF TREASON FuH y LONGER rEKIUp THAN ~
TIL THE ESD or TIE Session OF TIE GENERAL AS
s.yKlY, DURING WHICH, IT NAY Be GRANTED, OK,
THAN uSTu. THE Esd or THE SUCCEEDING SEs-
sioy, w!IES 1T is GRANTED Drl:lSG THE RECESS.
Here. them is an end to all pardon by the
Executive lIE HAS NOT THE rJwER to pardon
John Brown, conv cd Of treason.
lie has not the power TO EEprIEvE longer
than the end Of the approaching session
II John Brown is SANE h. ought not t" be
pardoned-ir insane he ou hit not TO be punish
ed.
The Virginia Code, chap. 2Os, Sec IL, l.
and is, sets forth the law a follows:
1G. No person shall while he is insane. be
tried for criminal offence.
! J.. If superior Court, 10 which an Exam
/ ining Court rcumnds person for trial. see rca-
sonable ground to doubt his sanity at the time
nj which, but for such doubt, lie would Dc
tried. it shall suspend the trial, until the jury
! inquire into the fact as to such sanity. Such
iury shall he empanneled at lis bar II the
Iurv find the accused TO be sane at the time OF
their verdict, they shall make no other inquiry,
and the trial in chief shall proceed. Ii they
find that he is insane, they shall inquire
whether or no he was so at the time Of the
alleged offence. Ii they find that he was at
that time, thc Court may dismiss the proSccu-
ton, and either discharge him, or, to prevent
his doing mischief, remand him to jail, and or
der him TO he removed thence to one OF the ln-
natic asylums Of the State. Ii they find that ne
was not So at that time. the Court shalt COM
nit him to Jail, or order hlm to be confined in
one of said aSylumS, until he is SO restored that
he can be put upon his trial.
49, u. after conviction, and before sencnce
of any person. the Court see reasonable ground
to doubt his sanity, it may impannel 4 jury TO
enquire into the fact Of his sanity and sentence
him, or commit him to jail, or to 4 luna
tic asylum, according as the jury may find
him to be insane or sane.
Thus by the laws OF Virginia an insane man
cannot be tried; the plea Of insanity arrests the
trial for guilt, and the jury must first ascertain
the fact of sanity. Should the insanity not be
discovered until after conviction and before
sentenced the 18th section provides the relief
But should sentence have been passed. relief
may still be had, BY a pcstponement Of the exc
cution by the Executive, until the question Of
sanity is definitely ascertained
If John Brown, in the opinion Of any persons,