Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1859-11-01

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terms and language and with action Of such sur
ptising eloquence, that no one noed be told that
he received inspiration In the land that urns the
ashes Of Patrick Henry.
lie alluded to his distinguished associate for the |
prosecution, who had brought into his remarks the /
trosses of frightened beauty.
lie proceeded to consider tho charge Of oonspi. |
ring with slaves. he said there was manifest |
between the effort to run OF slaves, or
steal slaves and conspirug to induce them TO reb.
e, rebellion and insurrection, was rising up not /
to run away, although freedom might be the ulti,
mate object; but rising up against tho masters, |
against tho whites, against tho State. 1t eontom- |
plates riot, rapine, murder, arson, and all The |
crimes which follow insurree,ion,
And more especially sorvlle insurrcotion the |
question was as 0 the Object and intention. Has /
any man testified aught or did one thing to induce |
any Of the slaves TO iso in rebellion or pcrpetrate
any Oiieuco out OF which rebellion grows. The |
slaves were taken POSSESSION Of for temporary |
purpose sud placed in the arsenal, hut Col Wash |
lngIOu, who knew more about it than any other |
witness testified that not slave took part In the |
matter cXcrp Phil, who at the suggestion of tho
prisoner attempted 10 drill a port hole aud that
was not done tur the purpose Of resurrection and
rebellion but for protection. True they were On
gagged in an unlawful act, but not the act charged,
they are umenabla TO punishment, hut not as in
dictcd They are punisheb.c in some ways bu, not
as charged theirs is not capital offence
He here proceeded 10 consider the Court charg-
ing murder IN the first degree This was crime
involving pramediiated murder, bat no argued
that no such malice had been shown, First, Hey.
wood was killed--how II happened nobody knows
IL was done In the dark, whether by accident or
intention does not appear in the evidence, or by
whom. Perhaps these men are guilty of that kill
ing in some form but il Is not proved to be murder
In the first deBree-the result OF pTemeditated
malice. lie could only say ps Brown said to him,
why should we shoot negro-that was not our
object" He did not sa'isty these men in Staying
these and resisting the authority OF the couu'ry
but he said they were protecting themselves from
arrest Guns were fired in all directions and they
fired or only intended to fire on armed men, =
Without eNeusing that conduct for one moment he
would remark TO reiuto the idea Of preIneditated
malice that they had not the time for thought and
reflection which the law contemplates-not that
he would say these men should be allowed 10 sin
against the Commonwealth OF Virginia and per
petfato these crimes and go unwhipt of Justice
bat charge aud convict them according TO tho law.
Virginia has laws aud institutions sufficient 10 her
protection. She has thrown over the lives of her
ctzcns every safe guard she deems necessary and
essential; has made laws necessary to the protec-
tion OF her property aud the punishment Of those
who deprive their owners Of il. II ia the boast of
our Institutions that no man can be punished be-
you'd what the laws require and u the law is not
severe enough, within tho Legislature reats the
proper remedy.
Brown knew that ho was committing an offence
against slave property lie has repeatedly confessed
IT,, aud Is willing 10 abide the cOnsequesees; but In
dict him for that offence, and don't convict him OF
an offence he nc or dreamed of committing
| Nothing in the circumstances Of this case demand
such course of procedure. Public safely dOn't
| require him to be punished contrary to the law.
| If Brown could bO engaged five months In prose
cutting such an Cnterprise, and only gathCThrough.
| oui the Uuit,d States twenty-one men, black and
| white, when theio was nothing In the world to
| auuOge him, how in heavens name can II be sup.
pased tl,it with him and all his companions struck
| ,Iovn tbe gOuth aroused, and everybody on the
inert watching enterprises Of this lind that there
| Ia tho T, motest danger that another scheme akin
tn bia viii be stmedi It wns hardly necessary 10
he blind 10 oil outside prciudices, The physical
couinne OF those who supported this insutrcetion
| has been highly commended, but the moral oour-
acc Ia superior TO that which can resist prejudice
aud passion Lot single Justice be meted out TO
| the prisoner. lie asked no moro. lie calle on
the Jur, to preserve the sanotity OF their oath u
tacit honor unarnished, and tho reputation OF the
| Commonwealth for justice, magnanmlty and ohiy
airy will be unstaned.
client. Ihnt he had no exceptions TO take TO par
tioIe Of the evidence given the trial. but deemeI
il a wuudei, under tue circumstances, that Nh
truth shonld be ~ fully developed az II has been
He bore honorable testimony 70 Capt. Linn, Wh
voluntarily camo from another State tor The simpl
purpose Of doing Justice
| Mir. Clifton spoke OF the embarrassment will
which he undertook the case. He intended 10 IL
his dnty faithfully, and had come TO deal with The
prisouer not as Capt. brown, leader OF this foray
but simply as prisuneT under the charge OF Vlo'
laiing Tho law. u that law did not warrant hl
| conviction he should endeavor to make that appea
TO the iury. Still, no would say ho had no sym
pathy with the prisoner Ills birth aud Residence
until within n few years had been IN Virginia, II
connection with tho inatsiution Of slavery. Allho
now aresilent OF the District OF Colpmblal ne hal
Iii. .aath fttnr ran ali
der of his days aud minge his dust With her soil
No other motive operated In him than but 10 d
his duty faithfully. He regretted the excteInen
respecting this case. lie was glad 90 hear th
Judge say On Saturday that he desired TO Try thl
case prec sely ike al other; he desired the who
State and Whole South desired, the trial should
fair. lt had been fair. circumstances had intel
| ruuted ia prOgress--counEei we're here wthou
proper preparatiou--but indagences had bee
granted and they made no eompainisi they shoul
DO tie best they could uBder the circumstances. il
coull not complain Of tho exeltemeni' II WAS ~
uIal. lie hoped il would not iRtorlofe with u
! course Of justice or cnat astain upOp ihR hon0r
the State The jury had sworn they were unbese
he presumed thoy would iirmy discharge the
| oaths In bringing in a verdict. He could not ul
dcistand hom tie opening Of the prosecution O
what ground these charges agaust the prisone
were attempted 10 be sustained
The commonwealth attorney INDUCED In strp
, Of ahUsD oftte Isis0psf and pronounced senten'
| on him without Wgtiug tue verdict ol TIE lur
, thuB usurping tho place Of The judge. There We
three distinct oharges-hrsi, pl treo'On, this vi
, an offence ~ common Law. Tho word y deriY'
from French word signiiying be'Tayalj troase
J means betrayal Gf trust or confidence. The W
5 lati0n Of tho fidelity or allegioneo TO the cor
0 n0nwealth. lie maintaned that trsason eou
: not he committed iagainst tho oommonweall
! cxccpt by tho etizens thereof Ia the preseI
o case the whole proof shows that this Prison
y was not citizen OF yirginiai therefore, Il
r. cannot be found guilty Of treason.
/, The indictment charges lho prisoner Win COZ
n mttting every act composing treason, Ihey 81
v charged with leyyiug war against tho blaie a.
l. exciting slaves 10 insurrcoiiOn, but thore was
:. uroof that they committed these acts aa charged
N There was no proof that they resisted any pr
~ cess issued against them rs violations here unu
\, the authority Of the Oommonweathi they We
n rather gully OF resistance 10 the Federal Cover
~ ment, not 10 the Commonwealth, lie had ie
y carefully the prepared Provisional Constitution.
lie regarded u ma lldlcuouh nOnsepeq, wi
l. toheuieal production. II could only have be
n produced by Inou Of unsound mind. IL dehnea
~ territory over which Il IL Intended 20 operate q
,t saws that We do establish tho following provision
N GOVT. What Il ~ II Is an association or
In partnership; they are 20 own property by II q
r.. regulate terms; II did not contemplate q govtl
nj ment hut meley a voluntary association 10 aboi
le slavery Il did not even undertake 70 levy "a
n. which Il an essential 10 any govt. tgoes BOT
ye pear hat this association was 10 be estabhsheu
a. Virginia OF Where Il WAS 10 80 into elect
a was not treason. lslt the adoption OF COusu
Ia tion tor the establishment Of q Government 4
IN no means These parties had mere impgip
IA. government 70 govern thcmseiVea and hosl,