The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1859-11-11
their countrymen, and the power of the
sheriff trampled under foot.

| ouCit SOuuIi pOWCA VI IuC
sheriff trampled under foot.
Neither does it constitute the levying oil
war if murder ensues, because the commits
sion of the offence of shedding blood may not
have been contemplated. 1t is said there
was an organized Government pamphlet
is referred to as evidence of that fact, but it
does not necessarily follow that the over
throw of the Commonwealth of Virginia
was contemplated by anything that appear
ed in that book. The most harmless or.
CARNATIONS in the country have been created
with all the outside forms and machinery Of
Government. In debating societies Gov
ernments have been established, Congress
enacted, resolutions and laws discussed, and
any one reading the bulletin of these associ
ations and knowing nothing about them,
would suppose them miniature governments
organized within the limits of the existing
government, no matter what names or what
officers they may have, that of itself is
not sufficient. Bands of robbers or despera-
does have their rules and regulations, their
officers prescribe death as the punishment
for violation of their laws, but that does
not imply that they contemplate the over
throw of the Legislative Government; it is
only an association or government to con-
troll themselves in their intercourse with each
other
He further argued that the Jury could
not find Brown gnilty of treason unless they
found him guilty of associating with Others
to organize a government to subvert and
overthrow the Government of Virginia
but if the pamphlet proves anything it shows
that an attempt was made to organize a
government in opposition to the United
States Government, and not of Virginia
for all the tools used, and all the officers
appointed have reference to government
like the United States. But it was vague
unmeaning language, which really means
nothing at all. However, there was clause
in it which must be taken, for it was evil
dence. He referred to the distinct and
positive statement that it contemplated nc
overthrow of the State Government, but
simply the repeal or amendment of alb
nOxious law in constitutional manner.
The learned attorney who opened the case
seemed to occupy this ground entirely, not
even going over the evidence wherein the
treason was proved he said the prisoner
was guilty in giving aid and comfort to the
enemies of the Commonwealth, and that was
the only specification he made, charging the
defendant with treason. He was surprised
to hear that gentleman burst forth in sucf
a sublime apostrophe to freedom in terms
and language and with action of surprising
eloquence that no. one need be told that hi
received inspiration in the lands that urn
the ashes of Patrick Henry. He alluded tt
his distinguished associate for the prOsecu
ton, who had brought into his remarks tn
disheveled tresses of frightened beauty.
He proceeded to consider the charge o
conspiracy with slaves, and more especial,
serve Instruction. The question was a
to the object and intention: Has any mai
testified aught going to show that Brown o
any one with him said or did one thing II
induce slaves to rise in rebellion or perpe
trate any offence, out of which rebellion
grows. The slaves were taken possession
of for temporary purpose and placed in tn
arsenal but Col. Washington, who knew
more about it than any other witness, test
fed that not slave took part in the matter
except Phil, who, at the suggestion of tn
prisoner, attempted to drill port hole, ant
that was not done for the purpose of insur
rectiOn and rebellion, but for protection.
He said there was a manifest distinction
between the effort to run off slaves or stea
slaves, or conspiring to induce them to rebel
Rebellion and insurrectiOn was raising "
not to run away, although freedom nigh
be the ultimate object, but rising up agains
the masters, against the whites, against tn
States it cOntemplates riot, rapine, muir
der, arson, and all the crimes which follow
Instruction.
True, they were engaged in an unlawful
act, but not the act charged they ar
amenable to punishment, but not as indicted
they are punishable, in some ways, but no
as charged. Theirs is not capital offence
He here proceeded to consider the Cour
charging murder in the first degree. Thi
was crime involving premeditated murder
but he argued that no such malice had beef
shown. First, Haywood was killed how
it happened, nobody knows it was done il
the dark, whether by accident or intention
does not appear in the evidence or by
whom /; perhaps these men are guilty of tina
killing in some form, but it is not proved t.
be murder in the first degree.
The result OF deliberate, premeditatet
malice, he could only say as Brown said tt
him, "Why should we shoot a negro thai
was not our object?"
He did Lot justify these men in Staying
and resisting the authorities of the country
but he said they were protecting themselves
from arrest; guns were fired in every direc-
tions, and they fired, or intended to fire only
on armed men. Without excusipg that
conduct for one moment, he would remark,
to refute the idea of premeditated malice,
that they had not the time for thought and
reflection, which the law contempates, not
that he would say that these men should be
allowed to sin against the Commonwealth of
Virginia, and perpetrate these high crimes
and 60 UNPUBLISHED of justice, but charge
and convict them according to the law.
Virginia has laws and institutions sufficient
for her protection. She has thrown over
the lives of her citizens every safeguard she
deems necessary and essential she has made
laws necessary for the protection of her
property, and the punishment of those who
deprive their owners of it.
1t is the boast of our institutions that no
man can be punished beyond what the laws
require, and if the law is not severe enough
within the legislature rests the proper rene.