The national era. [volume] (Washington [D.C.]) 1847-1860, 1859-10-27
THE QUESTION OF JURISDICTION

notion of their honor, courage, and eapabiity
of selfgoverhment.
THE QUESTION OF JURISDICTION.
We have seen various speculations in the
press as to the question of jurisdiction in the
case Of the Harper's Ferry revolt-some incl.
ming to the opinion that the case belongs to the
Federal courts, while others insist that the State
of Virginia has the superior claim. To cur
minds it seems clear that the affair should fall
under Federal jurisdiction; and we see no,
how men could wage war upon the United
States, or commit treason, if the seizure Of
United States Armory, with the declared Dur.
pose Of overthrowing the Federal Government
and the establishment of another in its place
be not treason. The killing Of few or many
individuals in the attempt were necessary Incl.
dents. 1t is difficult to imagine a case Of tres.
son without bloodshed and it seems absurd to
make the bloodshed, which is a necessary con.
sequence Of levying war, conclusive proof
that the crime of Brown was not treason against
the Union, but merely riot and murder in yio.
lation of State laws. Then, how is the fact
passed over, that Brown was actually taken in
the United States Armory, while fighting
against the United States troops?
We remember that in fugitive slave rescue
case which occurred some years ago in Penn,
sylvania the Federal Government labored hard
to convict the parties Of treason. In that case
there was no attempt to overturn the Govern.
ment, to seize the Armores and Arsenals. 10
establish Provisional Government, and vet
strong effort was made to convict Che offenders
Of treason. In the present case, where the Of.
tenders avow reasonable purpose, and wage
actual war upon the Federal Government, the
affair is unceremoniously turned over to the
State authorities, as a mere riot attended with
murder
The whole mystery Of the inconsistency is
easily explained. In the first case, the fagi.
tive slave law had been violated, and in a free
State, where mob law could not be relied upon
to punish the culprits sufficiently, and where
the ordinary punishments for breach of the
peace were deemed inadequatei it was there
fore deemed desirable to magnify the affair into
if it were brought under the jurisdiction Of the
United States courts, the culprits might claim
to have the cause removed to a vicinage wherS
Slavery does not exist. Here, then, would be
explanation Of the manifest inconsistency Of
Federal Government, which is completely
under Pro-Slavery influences. But in the act
ual circumstances we must acquit poor Mr..
Buchanan of having any refined policy, good or
bad, in the premises. Governor Wise simply de-
clares that he has taken the responsibility Of
settling the matter in his own way, in defiance
of the President and, furthermore, he would
have disregarded mandate from the Fed.
eral Executive, ordering him TO deliver up the
prisoners. In his speech at Richmond tie
Governor Says
"There was no question Of jurisdiction to
be settled, as he had made up his mind fully
and after determining that the prisoners should
be tried in Virginia, he would not have obeyed
an order to the contrary from the President Of
the United States" Laughter and applause
Of course, Mr.. Buchanan, who is merely
Northern man with Southern principles" Is
not the man to cope with plucky Southern
Governor. He succumbs with meekness and
resignation, and his organ, the Constitution,
proclaims him the man for the loar, and COZ.
graduates its readers on the safety of the
Union Poor old mani He has perhaps
done the best he could, under the circumstau.
ces. We have the assurance that he promptly
ordered troops from Old Point and Washing
ton to the scene of revolt, and that he actually
went to the railroad depot in this city to give
word of encouragement to the marines, Is
they were departing. Now, was not that graudf
Could Napoleon or 6eneral Jackson have done
moreT But, as to disputing the point of jurs.
diction with a Virginia Governor at such
moment of excitement and alarm, the thing Is
preposterous to think of