, 1859-11-29
A TEST OF CIVILIZATION.


and Se!f Government recently issued from the
press Of J. B. Lippineott l. Co., Philadelphia
VIC end 4 chapter on Treason. The discussion
Of the subject apparently running to length
incompatible with the scope Of his work, the
author cuts it short, and promises to devote
volume to that topic exclusively ut some time
hereafter. The writer asserts, and the idea is
repeated several times in the course Of the dis
cussion, that tue triai for treason is the gauge
"cf liberty. Tell us how they try people for
"treason, and we will tell you whether theY
"ase free 1t rebounds to the glory Of Eng
"land that attention was directed to this eub-
"ject from early timea. and That guarantees
"wcre granted to the prisoner indicted for
"tre1son centuries before they were allowed
"to the person suspected Of q common offence;
''and to that Of the United States, that it very
"plainly defined tie crime Of treason and re-
''stricted it to nasrow limits in their very con-
@stitution." From this clear and almost self
evident proposition Prof Lieber traces the
history Of trcason from tile period Of barbar-
ism up TO tile civilization OF America and Eng
land in tie nineteenth centHy-the puspost Of
which tends inevitably to tho conviction that
Tirginia is despotism exactly on lcrcl with
Austria =
Tic guarantees Of a iair 1r1al under an in
dictment for treason, established by the 1egis-
latuzes Of free governments, arc substantially
rs follows: !. The indictment must be clear
as to facts aad time; 2. The Indictment must
be given to the prisoner sufficient time be-
fore tie trial; 3. He mist have list Of the
witnesses against linn an equa1 time before
hand; 4. L sufficient time must he allowed
for the trial, s. Counsel must be allowed; 6.
Judges must be impartial and independent;
7. Hearsay must be excluded; 8. Facts, not
tendencies; acts, not words or papers must he
proved; g. Perfect publicity must bs
allowed from beginning to end: TO- Tit
tsial must he in the presence q
the prisoner; II. At least two witnesses nusi
testify to tho same overt act; L. There mus
be no physical torture; Is. There must be
good witnesses and not known Williams o.
acknowledged liars; IA. Tbcro can be no con
strnctive treason; Is. Tho Judges must no
be political bodice; 16. The purpose for which
the orert act was committed must be show1
to be reasonable; that is, having in view th'
overthrow Of government
Now, in tho trial OF Brown md his associ
ates, the arst, second, third, fourth, SIKH
eighth, twelfth, fourteenth and sixteenth es
sentials Of civilized trial for treason wcr
grossly and shaneful|y violated. The yer,
Law Of tue comm mmonwcalth, guaranteeing th'
prisoner speedy trial framed to protect linn
was turned into a weapon for Ills destruction
Whether Brown was or WIS MT guilty q
murder, it is clear that there VIA not viii
oftrcasou in his acts, from the time lie cnterej
Vsginia til the day be WIG brought into coar.
The trcasonable purpose was not shown. Bu
it Is the manner Of the trial, not the matter q
tie verdict, which tests the civilization Of Til
Einia. If the trial for treason is the gaugc q
Liberty, the trials Of John Brown and his as
Hociates arc the measure Of code and state (
society which carry us back two hundre