, 1859-11-26

On Saturday laot, John Brown, by counsel,
made lis last .rpeat 10 Virginia tribunal.
Supreme Court Of Appeals uttered thcir unaoi.
NOUS opinion that the judgment Of the jeticr-
sun County Court, uhdcr which the old man
awaits death by hanging, on tho .Sd day Of De-
cembcr, mas right; and therefore they denied
his peliiir:, for II writ Of error
Tue indictment upon which D1own was tried
contained four counts-tor treason, for advising
aud conspiring with Slaves and others to rebel,
uud for murder. Charged jointly with others.
he waS tried alonc. The general judgment Of
death vas entered upon the whole Of It.
error Ssrs s'fs few - lie lie ctsmsa irs' ST. that the
Judgment against him was erroneous, becaute
1t was not arerre.t in tic treason count, that ut
the tin,e Of the ofeune charged. he was citizen
nftlr *tntc Of Virginia or Of the United States.
The lawi vel. settled tlat treason is r. breach
Of allegiance, und can lie committed only by one
who owes allegiance, either temporary or per-
petuul- B:own appealed TO the Court, that ii
tue Judgment against linn On Ill tue counts, in
GLIDING this de!ectirc ono Of treason, WIS 10
stand, he would be put out Of all possible reach
Of the Executive clctnency. That elemeney
could have reached him, on the contrary. if the
judgment hAd only bcca on the other counts Of
The Indictment.
Secondly, he claimed that tue Judgment un-
der which tr now awaits death Was erroneous,
in that the Court below deaird his application
tItQi Tic nEQ8cCuL1Qu uE NlAAC 10 EleC% bUuIE 1uE
ts,uut upon which 10 try him. and abandon the
ycst. lie was entitled to that election, Farst:
hecause the oaerse OF treason is not Pardonable
i,~ u,4 Governor Of Virginia, aud therefore a
count charging it should not huve been united
in nm iudictmen: with counts for odenses that
ara uardonable. Second: Because the punish.
rnept unou couviclion lpou each OF the counts
was not nec.xsaEly The same; that while it was
inevitably capital upon one Of them. upon Tue
oilers le might have been found guilty only o'
misdemeanor, or Of simple nlanstauKne..
Thirdly. he insisted that the Court belo"
should lIsye INSTRUCTED the jury that il they pc
lievel, from the eridence tAat at the tune Of iot
committing Of the acts charged 10 the count io'
treasop, he was not . citizen Of virginia oat
another State, lie could not be conE1cted nhoel
it.
Fourthly. be ciairned that tho finding By tn
Jury upon the counts for couspirlng with slna e
10 rebs, and for killing "four wl,te men 30
one free negro. in manner and form aS aaose
sA:d,' wax too uncertain and inconsistent u
warrant Il Judgment Of DEATH
Briefly, and without any delay painful to Il!
tcuse expectation Of the HirGiuin mind, did III
fvc judges Of the Appcals Cont say to job
Brown. through his counsel, '' The judgner
under which Jou arc 10 tc hung By the nee
until you nc dead, is plainly right" Ills couI
sci were not allowed to be heard.
From this decision OF the Virginia Judges !
.rpcal Of Browns case l.as already been take
Ia The high court CT Public Opinion in Amesic
What the judgment Of that august tribunal vi
be, 4iue viii show. 1t will, however, in =
probability, not be finally rendered until ast
brown ia dead and buried.