The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1859-11-01
PRICE TWO CENTS

mon, WhIt1
| when there was nothing in the world to oppos
! him, how in Heavens name can it be supposed
! with him and all his companions struck down, tn
South awake and everybody on the alert for enter
prlses OF this kind, that there is the remotest DANCE
! OF another scheme akin to his. 1t is hardly necas
sary to make these remarks. 1t was the duty q
the jury to be blind to all outside influences.
Inc physical courage of those who suppresset
the insurrection had been highly commended bu
moral courage was Superior-and that courar
which can resist prejudice and passion. Let simpl
justice then be meted out to the prisoner He askeC
no more. He called on the jury to preserve thei
oaths intact and their honor untarnished, and the
reputation OF the Commonwealth for Justice mag
nanlmltv and chivalry unstained,
Mr.. Griswold closed his speech by sayinr on he
halt OF his client that he had exception to takC
TO particle OF the evidence given on the trial
but he deemed it wonder, under the circumstances
that the truth should have been as fully developed
as 1t has been lie especially bore honorable testi
mony to the conduct of Capt. Sinn who voluntaril,
came from another State, simply for the purpose o
doing justice.
Mr. Chiffon spoke of the embarrassment will
which he undertook the case He intended to dc
his duty faithfully, and had come to deal with thu
prisoner, not as Capt Brown, the leader of th
tray, but simply as prisoner under the charge o
violating the law. If that law did not warrant hi
conviction, he should endeavor to make that appear
to the Jury still he would say he had no sympathy
with the prisoner His birth and residence, until q
few years past, had been in Virginia in connection
with the institution of slavery Although now :
resident OF the District of Columbia, he had re-
turned to his native State to spend the remainder
OF ms days and mingle his dust with her soil Nc
other motive operated on him than that of dis
charging n disinterested duty faithfully. He re
GREETED only the excitement respecting the case He
was glad to hear the Judge say Saturday
that he desired to try this ease nrecisnlJ
like others He desired, the whole State and The
while South desired that the trial should be a fail
one. 1t had been fair. Circumstances had inter
rupted its progress. Counsel were here wthou
proper preparation, but indulgence had been grant
ed, and they made no complaint. They should do
the best they could under the circumstances and
could not complain of the excitement 1t was nat
ural but he hoped it would not interfere with the
course OF justice, or cast stain the honor of
the state. The jury had been sworn that they
were unbiased, and he presumed they would firmly
discharge their oaths, and render a verdict in ac.
cordance with the evidence.
lie could not understand from the opening ad-
oress OF the prosecution, on what ground these
charges against the prisoner were attempted to lie
sustained. The commonwealth attorney had in
duged in strain of abuse of the prisoner and rro-
nounced sentence on him without waiting for the
Verdct OF the jury, thus usurDing the place of the
Judge. There were three distinct charges-tirst OF
treason. This was an offence at common law. The
word Is derived from a French word signifving be.
trayal. Treason means BETRAYAL of trust or conf
dence; the violation of fidelity or allegiance to the
commonwealth. He maintained that treason conId
not be committed against the commonwealth EXCEPT
by citizen thereof In the present case the whole
proof shows this prisoner is not a citizen of Vir-
gina, and therefore, cannot be found guilty OF
treason.
The indictment charges the prisoner with COM
mltting every act comprising treason. They are
charged with levying against the State and
exciting slaves to insurrection; but there was no
proof that they committed these acts as charged.
There was no proof that they resisted any process
issued against them violatOrs. Hence under
the authority of the Commonwealth, they were
rather guilty of resisting coHeo, which was a re-
sistance Of the Federal Government and not of the
Commonwealth. lie had read carefully the prepar-
ed Provisional Constitution, and he regarded it as
ridiculous nonsense-a wild chimerical production.
which could only be produced by men of unsound
minds. 1t defines no territory over which it is in
tended to operate, and says that ''we"-that IS the
slgners of the document, not all citizens of the
United States-'do establish the following provi-
slonal goyernment."-What is it? 1t is an asso.
citation or co-partnership. They are to own prop
erty in common, and regulate its terms 1t did
not contemplate government but merely a vol
untary association to abolish slavery. 1t did not
even undertake to levy taxes which is an essential
to any government. 1t does not appear that this
association was to be established in Virginia or
where it was to 90 into effect. This was not trea
son. Is 1t the adoption of constitution and the
establishment OF a government? Bv no means
These parties had a mere imaginary government
to govern themselves, and nobody else, Just like
rules governing military company or debating
society. Even if they intended to set up a govern
ment over others, they did not do it,.
There was general principle that every piece of
evidence was to be construed most favOrablv to the
accused, who should always have the benefit of ev-
cry uouot. IN considering evidence we must con
siIer me "hoIe o IT, we must take tae declara-
against himself. Now look at the 4Gth Article of
this Provisional Constitution which expressly de-
clarcs that the foregoing articles shall not be con
o.. o. e" :" "' =" Ell hIour age the overthrow OF any
i u"N ernlnenC OF tne ueneraI government and
am,nnd ,r. Ia i VI INC mum cut Simply
81 ~ on" ePe"l; in'S was III evidence ne
ioc '!e JU' y, oe'h@ submitted oy the prosecution
ttS"'" ''e P'lS"heI Is chdr@eu WIN conSplrlng
WI" Si'NcS u, maze an lhsurrecuon. NO proof hat
80. SlI""n IdI Ihe sIh'es hatt entered INTO con
spl "ol, an" u"'eSS thaC was tue case Where was
'n9 oouS!'i. ic!.
ny -, T. Pa y Janh9t GonSPire a'"ne. Each charge
H.; a. ;I Gu i! iono =! tne July II tneE De
~, 49, w., az lre"Oc uoeo h"I war AM conVlctoh,
oior,o Of o,;ot W iCi,n f tieI must CONSIDER the
w "a " M 81 "s II no cIarSe OF urea
,a rt ~ ~ t- Gnt oo!5' III tlle lnuicIheht
rod tht T;7 ~ ~ W "'u "u"'"'' ne c"nSiu-
cIeu @ Inhs Tue prisoner haG tlght 10 be trled on
oi:e Nlial &c AZ Hm'' anu Ghureiy disconnected
WIN, WIN any othcr. me Court mad however, over
u.ou ,no 'lo'c"h iaue on '0aturu"E, ana hencc the
iP"I t"I'e VI making Ih's pohJ Cear 10 the jury,
30 liidI tney mlShC not compose the various often
OeS t tslu 1uI etiuehce reiating 10 each.
sn,1o =" we oi inu'oeT IL was very
e..
NV ~ are charTtu with the murder OF four
naid S.ty ~ 10y "'iS NJ nave JohtS cone IT, ne
L J ''T1 H. DTC 'iet c"uIu hoI SeVeFaIly
t u.nc H. ne uecIaItu II was almost lmPoSSl-
1 '"n ,''e r. iSUiIe W HI'Nc uelsice against SuCh
I a Uil'l ~ !! "as 100 looSe ana vague by the
o' !, ;,L" tneie N"S 'uI ""e SpeG'hc Graue "i
;h PuI''o'an,e N''u ueI'il-"ru m 'lI was ac-
ioel"'t' PIemeu't''eu nur"eE' Inc prosecution
cial ecu 'ne prisoner WIN muroer IN the irSt de-
SIee' "u' ne argued IAaC the evidence IN TINS case
upcs HpI sustain LLdt ChaTSP
u I tsuhe. c"Huuct III 'ne eh2iile-houSe snow
Gu l"t tere Was no hal'ce accordlig 10 the teStl-
'nS "a W.. :h % anu Mr. Astaut. How
wi ia !uioTu' @ nIa pinJ5cIi "hlc'; would SEEM
6 ~ t;iI 49, vi % ii.I :" sane man
o III nave oe,I"'cu ne couIu carry out that
o,,Ii p4ousne" AZ any Fa'e' n" sane
nn rH co'l" suppose lie expected, WIN mere hand,
!u! ., men. 10 accomplish the ohect by lorce, and
II Is PuS iat 10 take ms ecaratlon especially when
cpuPieu WIN MS ac's, thaC ne olu not intend to
iI pT"'' III sen uteuce' un'eSs YOU should
oe.e'e oeyohu the slIEhtest uouot that these deca
ra'ionS We're untrue, ana the prisoner actuated by
nance III taxing the llveS OF those who never did
MN nlm harm' ana against whom there was no cause
io' mani. IT,, .t...-
AS 10 hey"Oou tnere was no PROOF now ne met
ms coIIe:lSGe @ nau renarKen, the prisoner had no
I""'Ne !" N'' "eSinncs' ihG subsequent conlIct
III '"sS VI !e, p'' tiie prisoner endeavor-
t @ |" dSoiu 'Iat cohhGC l"r Ihe purpose oi saving
NE anu therefore could not nave been actuated by
mahce, Which Is necessary 10 constitute murder in
ihe rSt degree, even II the prisoner was guilty OF
ut ~ uc' III 'Ie secouu ut@ree OF mahSaughter, yet
'naC WAS MOI caPita crime, ana not the crlme
Chdrgcu IN lhe Indictment. lie dId not Know but
that capt Brown was justified IN returning the fire
When he was hred upon under such circumstances.
IL was sort OF seH deience|ahd very probably
had Itt!e more tlhe Deen allowed those men could
nave been taken INTO custody without loss life.
ad fJe oIuy Iury W tIoH on ,S case, as lar