New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1859-11-23
JOHN BROWNS INVASION.

JOHN BROWNS LAST APPEAL TO CoUkF.
On Saturday lat, John Brown. By counsel, made
biz last appeal 10 Virginia tribunal. Within Few
hours tin the FIVE Judges II the Supreme Court Of
Appeals uttered their unanimous opinion thai the Judg-
rent Of the Jeersoa County Court, under which the
old awaits death BY hanging on tho I'd day OF De-
cember, right; and therefore they denied his pe-
ton for a writ OF error.
The Indictment upon which Brown tried con-
tanned four cOunts-for TREASON for advising and con-
spring it'll saves and others TO rebel and for murder
Charged jointly with Others, he was tried alone One
general Judgment Of death entered upon the whole
OF III.
TIE grounds of biz application for writ of error
were few. He claimed, hrst, that the Judgment
against him was erroneous. because il sverred
in the treason count that at the time Of the oense
charged be was citizen of the State of Virginia
Of the United States The law is well settled, that
reasOn is breach of allegiance, and be committed
only BY one who owes allegiance, either temporary
perpetual. Brown appealed to the Court that If the
Judgment against him on all the counts including this
defective one of treason, was to stand he would be
put out of all possible reach Of the Executive Glenn
ency. That cemeuey could have reached him, on the
contrary If the Judgment had only been on the other
counts Of the Indictment.
Secondly, be claimed that the judgment under which
be now awaits death erroneous in that the Court
below denied bis application that the prosecution be
made to elect some counA upon which TO try him,
and abandon the He entitled TO that cleo
ton First Because the oense of treason is not par
donable by the Governor of Virginia, and therefore
count charging il should not have been united in an In
dciment with counts for offences that psrdonable.
Second: Because the punishment upon conviction
upon each Of the counts not necessarily the same;
that while was inevitably capital upon one of them,
upon the others he might have been found guilty only
Of uisdeneanor, or of simple msnslaughter.
Thirdly, he insisted that the Court below should have
instructed the Jury that if they believed from the evil
dence that at the time of the committing of the sets
charged in the count for treason. he was not citizen
of Virginia. but of another State be could not be
yicted under it.
Fourthly, he claimed that the fading by tho Jury
upon the counts for oonspIng with slaves to rebel,
and for killing four white men and free negro"
"in manner and form as aforesaid was too uncertain
and inconsistent to warrant judgment Of death.
Briefly, and without any delay painful to the tense
expectation of the Virginia mind did the five Judges
of the Appeals Court say to John Brown, through his
counsel "The Judgment under which you are to be
hung BY the neck until you dead, is plainly right"
His counsel were not allowed 10 be heard.
From this decision d the Virginia Judges appeal
Of Browns case has already been taken TO the high
court of Public Opinion in America. What the jndg-
ment of that august tribunal will be, time will show.
1t will however in all probability not be finally rem
dered until after Brown is dead aud buried.