, 1860-02-14
Who Employed Counsel for John

brown.
The following testimony was given by Mr.
John Il. Andrew, Of Boston, before the Senate
Investigating Committee;
Mr. Andrew WIS summoned because the Com.
mlstec bad learned through Mr. Chiffon Of This
city that he had been retained as counsel for
the defense Of John Brown, though Mr. An
drew. The Committee desired to know from
what source funds were derived, what interests
be represented. md what motives Influenced
lis intervention. Afr. Andrew stated that
when intelligence reached Boston, that John
Brown had been urged to trial without time for
preparation, without opportunity Of being
reuched by lis friends, and have his case prop.
erly examined, aud while prostrated on his bed
nnd unable to sit up aud instruct counsel. if be
had any, the whole proceeding struck bis mind
aud that Of most people whom he met, Us a judi
cial outrage, certainly without any parallel in the
history Of Massachusetts. lie supposed Vir-
ginfa was atrong enough to conduct such
u case with justice and propriety, and without
being excited By uutounded apprehenslops. lie
confessed, too, sympathy for a man whom 1e
fortune had probably been precipitated by what
his family and friends had seen and suffered at
the hands Of the slave power in kausas. Hehad
entertained good opinion Of him US brave
and conscientious defender Of the free State
cause, which be considered the cause Of liberty
ANA 5VOA LII " AlIA HI AE@ oekAS40
OF Kansas, whether from North OF South, had
common interest. In consequence OF his own
reflections, md the suggestions Of others, re-
presenting all shades ot opinion, and as there
was no time to lose, he assumed the RESPONSE
biiity Of engaging Southern counsel IN Wash.
ingtou aud Richmond, whose business it should
be to secure John Brown the fullest ind fairest
trial OF which the circumstances would admit.
He accordingly guaranteed and paid 81 800 in
fees, Of which Mr. Chiffon Of Washington re-
ceired one thousand, and Mr. Green Of Rich
mond three hundred dollars. This money WIS
refunded by the voluntary contributions Of va-
rious gentlemen, when they became informed of
his interference, aud who approved its purpose
and accomplishment. Many contributed, who
were less Anti.Sfavery than himself, but who
thought the excitement would be quieted by a
proper defense. No concealmcnt was observed
or desired, in the whole matter. The Commit
tee inquired Mr. Andrews opinion concerning
John Browns conduct in Kansas, and the
transactions attributed to him, particularly
horse stealing aud the Potawatomie homicides.
Mr. Andrew answered, be had alvar8 under
stood that in the conflicts between the Free and
Slave State parties, the horses were regarded
as the epoits of war, and he was not aware that
Brown formed any exception. He had no be-
lief, from information which had reached him,
that Brown was present at the potawatomic ho-
micides; but he had long since heard that Brown
md many other people were con1inced1ha the
Potawatonie affair was one Of imperative ncces-
atty, US measure Of selfdefense. Having nev-
al knowledge. The Committee inquired if Mr.
Andrew would have felt q sympathy for Brown
account Of his services to the Frec-Stnte cause
if he had known TINT Brown went to kansas
to train himself and others, and organize q
settled plan Of violence to invade the Slave
Stasesf Nj. Andrew replied, certainly not
His conrictions we're Anti.Slarery, but be Was
opposed to their propagation By violence and
artns. Reason aud intelligence were the only
weapons he desired to employ. Ad Republic
can he felt great cause to complain Of the Har-
Pcr's Ferry affair as most unfortunate and un-
jnstidable, from any point Of view in which he
could regard it. But, since bis opinions we're
asked, lie would give then, frankly. Intending
no disrespect to any body, he considered John
Brown and Harper's Ferry as the fruit native to
the tree which the Stare Power had planted;
that in view Of the aggressions upon Free State
men in the Territories, organized in the Stare
States, and approved by leading Southern men,
which flowed theseirom, he did not think it re-
markab1e that q few men should hare been edu-
Gated thereby up to the point Of armed retalia-
tion. However much this transaction was to be
condemned or deplored, it was not comparable
in point Of public danger to the assault made
upon q Senator Of Massachusetts, on the very
floor Of the Senate, aud for no other reason
than an honest discharge Of his duty and fear
less expression Of his opinions. which was gen.
orally arplauded throughout the South That
was direct and deadly blow aimed at civil lib.
erty and representative government in Amcri-
ca. Among other facts, Mr.. Andrew stated
that he had never seen Brown but once, and
that accidentally. That while he impressed him
as man Of decided character, he then believed
his mind was strangely disturbed; and iu wri-
ting here to Judge Blair to provide counsel for
his defense, be had expressed the opinion that
eridencc Of lis insanity could be procured from
Boston to Kansas, Which was aftcrward literally
verified. After answering these and other
questions, Mr. Andrew desired TO record his
protest against this assumption Of undelegated
power. He contendcd that the Senate dots nut
possess the power to obtain testimony by coer-
ciye inquiry, under the resolution pursuant to
which be was summoned, becauee tue resolu-
ton contuins no Parliamentary purpose, but
only an apparent effort to aid some judicial end
By Legislative means. That this investigation
is not undertaken as incideLtal to the power of
the Sennte to try impeachments, norits power
to judge Of the qualifications Of its members,
nor its power to punish contempts against its
own authority, nor its power to protect its own
privileges; and that the discovery Of all the
matters pointed at by the resolution, would not
tend to instruct the Legislative mind, in the
amendment Of existing statutes, or in the franz
ing of new legislation. That he regarded thu
power to mike inqu1sition into the question OF
the guilt or innocence Of crime by coorciye pro-
cess, as power always incidental to puDisll-
ment, and that it would be needful only to
stretch the Constitution somewhat further in
the same direction, to enable the Senate to pun
ish as well us TO inquire.