The penny press. [volume] (Cincinnati [Ohio]) 1859-1860, 1859-10-28

some degree, not only upon our decision, but
on our prompt decision of this case, will that
result depend
He thought h;s friends on the other side
were totally mistaken in their views, that
the law as IL low stands on the statute book
in reference TO overt acts was either in the
language or substantially that contained in
the constitution of the United States; on the
contrary the phraseoogy had been varied
from the constitution, and if he conceived, for
plain and palpable purpose, all the powers
vested in the Federal Government were given
with great jealousy; this was historical fact
perfectly familiar, and consequently, while
treason against the United States consists
only in levying war against them or adher-
ing to their enemies or giving them aid, and
there is q provision that no person shall be
be convicted Of treason unless on the testi-
mony of two witnesses or some overt act or
confession in open Court; yet the State law is
more full and includes within Its definition Of
treason also the establishing without the
authority of the Legislature, within its limits,
separate from the existing government, or
holding or executing under such usurped gov
ernment any Office protesting allegiance or
hdeity to it, or restricting the execution Of the
law under color of its authority; and goes on to
declare that such treason, If proved by tho
testimony of two witnesses to the same overt
act, or by confession In court, shall be pun
ished with death. Any one of these acts
constitute treason against this Commonwealth,
and he believed the prisoner had been guilty
of each and all these acts, which would be
proved in the clearest manner, not by two, but
by dozen witnesses, unless limited by tho act
of time.
The prisoner had attempted to break down
the existing government of the Common wealth
and establish on the ruins new government;
he had usurped the Office of Commander in
Chief Of this new government, and together
with his whole band proposed allegiance and
fidelity to 1t. He represented not only the
civil authorities Of the Government, but our
own military; he is doubly, trebly and
quadrupedly guilty of treason. Mr.. Hunter
proceeded again to the question OF jurisdic-
tion over the armory grounds, and examined
the authority cited on the other side by Attor-
ney General Cushing. The latter was an able
man, but came from a region of the country
where opinions are very different from ours In
relation to the powers Of the Federal Govern
ment. As affecting State rights, our courts
have decided adversely to Mr.. Cushing's views
for all time past. The Jurisdiction of this
Court of Jefferson County,in regard to criminal
offenses committed at Harper's Ferry, has been
uninterrupted and unchalenged, and whether
they were committed on the Governms snt
property or not.
He cited an instance which occurred TWENTY
nine years ago, where an atrocious murder was
committed between the very shops In front of
which these men fought their battle, and the
criminal was tried here, convicted and executed
under our laws. There was q broad distino
tion between cessation of jurisdiction by Vir
ginia to that of the Federal Government, and
the mere assent of States, that the Federal
Government should become land spoiler with
in its limits. The law of Virginia, by virtue
Of which the grounds at Harper's Ferry were
purchased by tho Federal Government, ceded no
jurisdiction. Brown was also guilty on his
own notorious confession, of advising the con-
spiracy. In regard to the charge Of murder,
the proof will be that this man was not only
actually engaged in numbering our citizens, but
that he was the chief director of the whole
movements; no matter whether he was present
on the spot or mile off, he is equally guilty.
In conclusion, Mr.. Hunter said he hoped the
case would be considered with fairness and i'm
partiality, without fear, favor or affection, and
he only asked that the penalty might be visited
on the prisoners which our safety requires, and
which the laws Of God and man approve.
The Court then took recess,