Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1859-11-11
CLEVELAND FRIDAY MORNING. NOVEMBER II. 1869,

Treason implies betrayal Of a trust. IL Is
violation Of duty. II is renuneiaiion OF Glle I
gience. A man cannot renounce allegiance |
where no allegiance Is due. Allegiance IL on /
due aud can only be due, from q citizen IL /
then, the defendant is not citizen Of Virginia 4
he cannot commit Treason, or be guilty Of re- /
bellion against IL That he lie citizen is en- /
affirmative fact 70 ~ proved by Tie Common
wealth, aud cane1t be presumed. But, for |
tUhately ior TIE defendant, the proof on this |
point, 20 far. aA there is any, shows that he is |
not apilizsh II this State, and nevef resided in
II ono day. For this reason claim that he
cannot 10 convicted under this count.
The dsieHdart is charged with committing
TT aeiinst the State by lovying war
against IL, There is arsatd dlIercaee between
levying war against state and resisting is
authority, and wish you "a bear this in mind
while considering. the evidence bearing upon
tn count A man may resist authority with
ever 50 much vioIebce and boodshed may
ensue from such resistance, but that does net
make Treason Death may happeh, il often
does happen when men associate togetheT TO
perpetrate crimes. Chey may thua associate
with the eXprss purpose Of resistiHg the AN,
thurity Of the State 10 any attempt that NAV be
made to arrest them, they may have all the
elements OF an organization, and punish with
death those Of their members who violate
their rules, they may contemplate resistance
unto blood and when attacked murder may en-
sue, but in all this there is no levying az war.
How is it herel The defendant and those ssso-
ciated with him met together in the vicinity of
Harrer's Ferry, for theI purpose, as the State
has proved, by 70 own evidence, Of running
away slaves. That this is crime against your
/ laws | do not deny. For the purpose of car
| ryirg out their illegal design, they took pos.
essiJn of the public buildings at Harper's
Ferry, intending 20 remain there until they
should be joined by a sufficient number Of
slaves, and then take them to Canada. While
there they were sttscked by the citizens and by
the inilitaIy in order to arrest them, oi TO keep
the idea Of Treason prominent TO capture
them Ii was while resisting these attempts
TO arrest them-returning fre for fire that
blood WAS shed and lives we're taken. Bat it
was OILY resisting authority IL was not levy
ing war against Virginia. Such things have
happened before This s not the first case of
kidnapping that has occurred They have hap,
pened 10 the Southern States, Rnd they have
happened 10 the Northern States And in the
Northern States those engaged Ia them have
resisted the constituted authorities OF the State
and taken life, but we never dignihed the crime
with the name Of Treason. Cases have occur
red in winch the jais of the country have beer
broken open, aud persons confined in them
bave been dragged cut and executed. There
have been cases in which persons acquitted by
a jury have thus been executed, the authority ol
the Sheriff being trampled under 70 Thy armed
bands of men, and thoee who would sustain
his authority killed. but who, before, ever
thought this was levyiDg war against the 5tRtel
It is resisting the authority Of the State with a
high hand, but is not treason
But il is said here was an organized Govern
ment, and therefore the defendant may be found
guilty un er the provision of the statute which
makes Treason to consist in usurping Gov
T eminent To sustain this position the state
has put in evidence a small pamphlet, found on
the person of the prisoner. Il eonsists Of Ger
tain rules, some fifty in number, providing FOL
the organization of an association, having fol
its Object the liberation of the oppressed ant
the elevation of the degraded ltis true tha
in the names Of their officers aud in some of thu
machinery of their organization, they hav
I adopted names and forms known to our Gov
ernment But such things have been cone be
e fore have known organizations Ol very harm
r less character, mere village debating societies
, that had all the form and show and pretonsio
n and officers OF AGoYernment They have ihei
8 Congress and instead of debating questions
{ they pass resolutions and enact laws and dis
cues them, and one would lpose, from merel
. reading the reports Of their proceedings, tha
a they were the proceedings o. some minatur
v Government But the attorney for the Stat
b says the object of this organlatiop was NOT
o peaceful harmless object, because, to use hi
y language, this was a msrauding, theiving, mul
deIous clan, ard their rules provide lur punish
h ing their members, even with death But it
Y only their own members they propose to dei
/. with. That furnishes no evidence that the
e contemplated the overthrow of any Cover
A ,,fn tl,aur La
Is only that they had rigid if you please, bloody
if rules for the preservation OF their own organ
1t cation.
d But, unfortunately for the claim Of the Stat
70 this pr mphlet proves that if it was the intel
e. ton of the defendant and his Hssociates
e overthrow any Government it was not the Go
As eTment Of Virginia, but to establish one in OF
In position to the Government of the Unit
ir States. All the terms used, all the officers
II. be appointed have reference 10 GoveTnme
IN like the United States. Its proposed empire
ID not defined. Its territorial limits are not iiNe
ge II seems TO be Rl-pervading like the Gener
so Government, and 10 the exercise of powers
he proposes to assume, there is nothing in it
C. alarm the 70 rs OF the most rigid States Iigh
as abstractionist Ii proposes TO exercise few
Id The powers he claims t. belong TO a State
lr the Union. And as further evidence that
re was the United States Government and not Il
Do Government Of this State that was about to
at subVeried by these twenty-five men. you mu
h. remember that their demonstration was again
lir the United States, that they Posted tn mselv
TO upon the territory Of the United States, al
at took possession of the property OF the Unit
States. Here they entrenched themselves al
| resisted the combined attacks Of the States
n. Virginia and Maryland for some thirty S
to hours,-but leyying no war upon Gither-un
in they were oveTpowered by the marines of t
m United States
ou One word more as TO the evidence this pamp
NJ let furnishes Of treason, Il is all in evitcn
ali before you, and you are 20 consider the wh'
yes of il. Now the forty sixth section states
,ut SO many words, that they do not contempli
a the overthrow of the United States, or OF a
ife State, but that the objects Of the nssociati
nv are to be effected by amendment and repeal
/, | meaning by amendments uf tho Constluli
i've and the repeal Of obnoxious laws This a
CT citizen has a right TO labor TO effect lnde
the the Prosecuting Attorney seems 10 have b
ace little confidence 10 his ability to fasten Treas
upon the defendant by reason of the matters
10 which have referred, but he says that ho
IL guilty IN this, that he fuThIshol aid and CT
Of Tort 10 the enemies of the State. "Are not
his slaves our enemies" says he, "and did ho
his feed them1n And he then referred 10 lhe 4
so that on the morning Of the l7th of October
be. defendant sent 10 q hotel and procured pro
'ou sions for breakfast iOr his men, his prison
YOU and the slaves then in his possession. Il
In true that he did furnish meal for the slaV
of Aud this !dsclUses 10 Us the important fl
ncs that this plolter of treason had actually, as
am prosecution would have you believe, lev
are war against Virginia ana the United Stai
ldi. without provisions for one meal for his folio
tho ers. / was surprised at this remark Of
tial learned Prosecutor. / was surprised at his
cta OinaiOn that YOuT BlaYeB are yOuT enemies