The New York Herald Newspaper, November 7, 1859, Page 9

THE HARPER'S FERRY OUTBREAK. Sensation Sermons from New York Parsons, Increase of Excitement in the Old Dominion. Virginia Calling Out Her Landwehr, Arming Her Citizens, Sending Mountain Howiltzers to the Border Counties, and Prepar- ing Terrible Enactments Against Her Free Colored Citizens. LETTER FROQM MISS CHILD TO GOV. WISE. Pardoning Power Not in the Executive, but in the Legislature. Full Report of the Closing Speech of Brown’s Counsel. Letter from Old Brown to a Rhode Island Quakeress, ken, &e., &e. OUR RICHMOND CORRESPONDENCE. Ricumoxp, Va., Nov. 2, 1859. Flow the Slaves in this Section View the Harper's Ferry In- surrection—What they think of the Abolitionists—Neces- sity forCaution on the Part of Some of our Prominent Politictans—Advantage of the Late Insurrection to the Institution of Slavery in the South—Opinions Regarding the Course of the Herald— Estimation of its Future Stand ing—Governor Wise as a Scribe—The Insurrectionary Documents to be Submitted to the Legislature—Threats to Gov! Wise, de., bo. Twas much amused at an account given by a gentleman, a day or two ago, of a discussion between a number of slaves on the Harper’s Ferry insurrection, which he lis- tened to unobserved. He represented the predominant sentiment among all to be that of fear of being transfyrred to the North ag a regult of such a movement; and vier the influence of that feeling they denounced it in language more violent than he had heard employed in reference to the insurrection since it was first brought to light. They bave a holy horror of abolitionists, and many of them actually believe that they have some fiendish affinities in their physical as in their mental organization which dis- tinguish them from ordinary mortals. Ihave not unfre- quently observed them at hotels bringing each other’s @ttention to some one whom they ascertained to be a ‘Yankee, and the surprise and horror which they displayed at the spectacle were as markedfas the expression of the human features could make them. No doubt many will ‘De apt to trace these feelings to the examples set by their owners. This, however, is not the cause. 1 never have heard one word of denunciation by a slaveholder of aboli- tionists in tho presence of negroes, bond or free. These feelings are conceived under the influence of representa- tions of the condition of their race at the North, made by slaves who frequently go there by permission of their masters. They are the most communicative people on this earth, and no sooner does any piece of information reach one, than ft is conveyed with almost the speed of the telegraph to every individual of their color in the city— aye, nan for tation beyond. They are a remarkably social race; and at every convenient time—Saturaay nights and Sundays, for instance—they assemble together and com- municate one to the other all the news they may have heard during the week. The motive of thisis not so much the imparting of news as to make a display of their greater intelligence, of which @e possession of a large share of information on passing events, however trivial, is deemed & test; and so strong is the spirit of rivalry in this regard, that lying and exaggeration are resorted to without seru: ple. Inever have heard, nor ascertained, of the oxist- ‘ence of any other feeling on the part of Slaves towards abolitionists, than that of downright contempt, or more properly, perhaps, of mingled hate and fear. This is the Fesult of ua experience of ten years in slave States. And I would say, moreover, that I have myself heard many slaves remark that their only concern was, that they were apprehensive of being set free by their masters at their death, which would involve their removal from the State, unless the Legislature should remove the obligation by special act. Ihave heard of one slave in this cily wios> master agreed to give him $3,000 and his freedom, but he delined the offer, preferring to remain in his condiuion of bondage, which, of course, is merely nominal. Nor is this state of things confined to afew instances. The offer of freedom has been made to thousands of slaves in this Btate, and, as in this instance, it was refueed. As between: the alternative of freedom and the obii- gation of removal from the State which the law enjoins, or ‘slavery and a residence in the State, they would not ‘hesitate an instant to choose the latter, and this from a due consideration of the re- lative advantages of the two conditions. Tn all that apper- tains to their own immediate concerns, the slaves of Vir- ginia are fully enlightened. ‘Their appreciative faculty is asfully communicative wit their peculiar needs as is that of Seward or Greeley in all that affects their private interests. ‘Tho project of inciting insurrection among a class thus circumstanced I regard as the most perfect Piece of folly and madness that ever was atiempted. ‘There is one important result involved in this Harper's Ferry event, and that is an emphatic wlmouition of pru- dence to Southern politicians in dealing with tho sub- Ject of slavery. In the existing state of fedling in Virgi ‘hia upon this subjest, I would regard it extremely hazard- ous for any man to utter a sentiment implying even a suspicion of unsoundness on the slavery quesdon. If John ‘Minor Botts were now to reiterate the sentiments contain- ed in his Powhatan speech—to wit: ‘That he would regard the man who would devise some means to get rid of slavery as the greatest benefactor of his race”—I doubt ‘very much if he would not be waited on by a committee “With the modest request to quit the State within a_ given time. And if he disobeyed, it is very questionable whether he would not be submitted to an ordeal which it would bo di able to coutemplate, rouch less endare. Tho times admit of no tampering with the institution; and— mark my works—stump speakers will be far more cir- cumspect and reserved in their references to this subject in the future than they have been heretofore. I appre- end that after the egisiature meets, the laws relating to Re use of language calculated to impair the institution. of slavery, will be made fur more stringent than they are at present, while their enforcement will be rigid and un- ring. #rAaotbet lnevitable consequence of the late insurrection at Harper's Ferry will be the more perfect consolidation of the slaveholding interests in the South. It will go far .to obliterate party lines, and will utterly supersede any- ‘thing like expediency so long as the question of slavery is B constituent element in national politics. Tho muiite- ance of the institution in the South will constitute the aim and end of every political movement so far as that oction is concerned. It will be idle to uttempt to concili- ‘ate Soutuern sentiment in matters of foreign policy, revo- nue, or any other subject of national concern, so long asa, parpose of impairing the value of that institution is enter- tained. Everything in our governmental policy—the Union itself—will be held in a secondary light so Jong as a sentiment of hostility to slavery is uttered. The long mooted subject of direct trade will derive a new and ac- tivo impulse from this movement, and I should not be Gurprised to see the “next Legislature of Virginia, under tho influence of this newly conceived consolidation policy, ay riate the amount necessary to carry out the steam- anip project which the Hon. Wm. Ballard’ Preston had, in t, negotiated with the Orleans Railroad Company’ in ce, at the instance of the several railroad companies of this State, Tennessee, Kentucky, North Carolina and other Southern States. A petition to the next Legislature ‘on the subject of direct trade was being signed duriug the Fair week; but, inasmuch as that makes the removal of a tax on the original sales of imported goods the basis of success, it will, of course, prove a perfect abortion. It is, @ silly project, and will be go regarded when itcomesto be dered. ‘They have a tangible project in that negoti- ated by Mr. Preston, tho paycient of a certain amount of cash to construct vessols—three millions, I believe—being the only condition necessary to its consummation. ‘The course of the Heratp in regard to the Harper’s Ferry insurrection is eliciting extravagant oulogies and expressions of profound gratitude from this whole com- ‘munity. Out of five or six hundred copies ot the paper which reach here every morning through tho Mewspaper vendors. not one is to be found ‘as carly aa nine o'clock. So greatly has the demand in- creased that the dealers have found it necessary to in- crease their orders, and they anticipate that at leas’ one ‘thousand copies a day will be sold within the next six Months. A distinguished statesman in this Stato recent- Jy observed that tho Heratp was soon destined to become Preat organ of the conservative public opinion of the nation. ‘This community, and, so far as ican ascertain, the whole South, conceives jiself as laid under a lasting debt of gratitude to the Hxnat for its abie advocacy of the cause ol Southern rights at this trying crisi You caonot conceive What a feeling of satisfaction is produced by your scathing editorials in reference to Seward and his fellow ‘conspirators. Tho estimates here put its iniluence and efficiency on # balance with the whole press of the South combines, Governor Wise, in the character of a scribe, surpasses, perhaps, wy man living. In point of rapidity he can only bo paralleled in short hand, white his writing is al- most as legible as print. Thad an opportunity somo time since of testing his capacity in this respect, aud I confoss athat the result somewhat diminished the favorable. esti- timate of my own efficiency asa rapid writer which I previously entertained. Thad occasion some timo ago to copy some writing of his, and Tdid 80 page after. page us ho produced them, J started when he was two pages-alead, and though he had to compose while Thad merely to copy, at the close of the tenth page ho was still two in advaneo. At this stage he was called off w din- ner, ant I availed myself of the opportanity to provure a peculiar style of pen, which I thought would fucilitate the operation, We both set to work again gimultancously; and, though he ‘Hopped ‘occasionally to mond his pen (he writes with a quill pen), and now and then walked rapidly round the room, while I, meanwhile, wrote with all the rapidity of which I was capable, he wound up at the end of tho twenty-ninth page with'the two in advance which he had at the start. T andor. stand be thinks nothing of answering twenty-five or thirty letters aday, or rathor within the three or four hours he ponds in his ollice, besides attending to other duties and NEW YOR is to stimulate him to its consummation, when he might bo disposed to the contrary. Hoe can only be approached by an appeal to his feelings of humanity; and, in the exer- b of these, he is as lavivh as he is obdurate under a threat. In the degree that he is bold and courageous does be possess the co-relative traits of imity and feapeene se may be attested by the number of pardons which the State records exhibit during his term. The friends of Brown, therefore, who make threats of violence against the Governor, in the event of his signing his death warrant, are taking the very best stops to defeat the end they seem desirous to accomplish. Ricuaonp, Va., Noy. 3, 1869. Reported Negro Insurrection in Wise County, Virginia— Governor Wise and the Question of Brown's Pardon— Highly Interesting Letters of L. Maria Child, the Au- thoress, lo Governor. Wise and Captain John Brown—Gov. Wise's Reply—Mrs. Child Wants to Nurse John Brown in his Cdl—Overhauling Yankees, dc. Rumors of a negro insurrection in Wise county, in this State, were very prevalent in this city to-day, It was pre- dicated, a8 1 am informed, upon what purports to be a telegraphic notice posted at the corner of one of our news- paper establishments. The report bad it that two thou- sand slaves had rebelled in Wise county; but this throw zome doubt upon the whole story, inasmuch as there are not more than a dozen slaves in that whole county. But then it derived some feasibility from the proximity of the reported gcene of the insurrection to the Kentucky line; for it will be remembered that Kentucky was embraced in the plan of operations of the conspirators. Tho pre- sumption against any such occurrence in # county having so few slaves was readily offset by this reflection, and the mattor for a time created no little excitement in the city, Some alleged that the scene of the insurrection was Wise’s county (Accomac), and not Wise county—a mistake hay. ing occurred, as it was said, in the designation by con- founding the name. This gave a fresh stimulus to the ex- citement, and strengthened the probability of the truth of the rumor in the minds of many. There has ever, no confirmation of the report, and Ii prove utterly unfounded. It is probable that the contemplated action in the case of Brown before the Court of Appeals will prolong the fival decision of the matter until Governor Wise’s succes. sor shal! assume the Gubernatorial chair, which will be on the first day of January next. The question of pardon or commutation of sentence will then come before Mr. Letcher. I have no idea that cither will take the respon: sibility of pardon or commutation in view of the existing state of public feeling on this subject. LEITERS OF L. MARIA CHILD 70 GOV. WISE AND CArT. nnowN, Wayans r Mass., Oct. 26, 1859, Gov. Wise—TI have beard that you man of ebivalrous septiments, and 4 know you were oppo >the iniquitous st- temptto force upon Kansas a constitution abhorrent to the moral sense of her people. upon these indications of honor apd justice in your character, T ventnre to ask a. favor of you, Enclosed is a letter to Capt. Joho Brown. Wil you have the kindness, after reading it yourself, to tansmic it 0 the prisoner? T and all my large circle of abotition acquatntances were taken by surprise when news came of Capt. Brown's recent attempt; nor doT know of a single person who would have approved of tt bad they been apprised of his intantion. But I and thousands of others feel a natural impulse of sym: patby for tee brave and suffering man. Perbaps God, who Sees the Inmest of our souls, perceives wome such sentiment in your heart also. He needaa mother or ister todress his wounds und speak sootbingly to him. Will yon allow me to perform that mission of humanity if you will, may God bless you for the generous de:d. Thave been for years an uncompromising abolitionist, and I should scorn to deny it or apologize for it ae much aa Joh Brown bimeelf would go, Believing in pence principies, T deeply regret the step that the old veteran has taken, whiie I honor bis humanity to: x those who became his prisoners. But becanse it is my habit to be as open as the daylight, T will alao say that if I believed one relizion justified men in fighting for freedom. I should consider the enslaved everywhere as best entitled to that right, Buch an avowal is @ simple, frank expression of my Senne of natneal justice But should despise myself utterly if any circumstances could tempt me to seek to advance these opinions in wny way, directly or indirectly, after your permiasion to visit Viegials been obtained dn the plea of sisterly eympaiby with & brave and suffering man. T give you my word of honor, which was never broken, that I would use such permission solely aud singly for the purpose of nursing your prisoner, and for no other purpose whatsoever. Yours, reapectfully, “| L. MARTA CHILD. LETTER OF MUS. CHILD TO CAPT. BROWN, ‘Wartann, Nags., Oct. 26, 1809, Fran Carrare Buown—Though personally inkuown to vou, You will recognize in my name an earcest friend cf Kansas, ‘when circumstances made that Territory the battle gronvd be: tween the antagonistle principles of slavery and freedom, which politicians so vainly strive to reconcile id the government of the United States. Believing in peace princip! cannot symoathize with the method you ehove to advan cause of freedom. But [ honor your generous intentions—1 admire your courage, moral and physienl. Treverence you for the humanity which tem Jour zeal. "Taympathize with you in your gruel berenve- ment, your sufferings ana your wrougs. Ia brief, I love you and bless you. ‘Thousands of hearts are throbbiog with avmpathy as warm as mine, I think of you night and day, bleeding tn prison, fur: rounded by hostile tuces, sustained only by trust in God and your own strong heart. i long to nurse you—to speak to you bisterly words of symoathy and consolation. I have asked permission of Goverpor Wise todo a0. If the request ts not granted, I cherish the hope that these few words may St least reach your hands, and afford yon some litiie solace. “May you be strengthened by the couvietion that no honest man aver sheds blood for freedom in vain, however much he may be mistaken in his efforts. May God sustain you and carry you through whatsoever may bo in store for you, \ Yours, with heartfelt respect, sympathy and affection, . L, MARIA CHILD, GOVERNOR WISR'S REPL} \ ICHMOND, Va., Oot '29, 1359, Mapam—Yours of tbe 2th was received by me yesterday, and at my earliest leisure I respectfully reply to it, that 1 will forward the letter for John Brown, a prisover under our laws, arraigned at the bar of the Circuit ‘Court for the county of Jet: ferson, at Charlestown, Va., for ea of murder, robbery and treason, which you ask me to transtuit ‘o him. I will com- ply with your request in the only way f hich seems to me oper, By encloaing it to the Commonwealth « atiorney, with beTreqiuest that he will ask the permission of the Cort t9 hand t'to the prisoner.” Brown, the prisoner. 1s now in the hunds of the judieiary—not of the executive of tha commonweslth. ‘You ask me, further, to allow you to perform the misston “of mother or sister, todréas hie wounds und peak soothingly. to him.” By this, of course, you menn to be allowed to visit him in his cell and to minster to him im the offices of bumavity. Why should you not be so allowed, Madam! Virginia aud Massachuset(s are involved in no clvil war, and the constitu- tlon which unites them in one confederacy guarantees to you privileges and immunities of a citizen of the United Mates in the State of Virginia. That constitution Iam sworn to support, and” am, — theret bound to protect your privileges and immunities ag a citizen of Massa- ebusetis coming into Virginta for any and peacefil pur- pose. Coming, as you propose, to mint; to the captive in vison, you will be met, doubtless, by ail our people not only fs 8 chivalrous but in a Christian spirit. You have the right to Visit Charlestown, Va., Madam; and your miesion being mer- ciful and bumane, will’ not only be allowed but be r Af not weleomed, "A few unenlightened and inconsiderate per” sons, fanatical inthelr modes of thought and aciion to matn- tain justire and right, migh: mole 1, or he dianosed to do 80, And this mipht suggest the impruderice of risking any ex- pertment upon the peace of a society very much excited by the crimes with whose chief author you seem to sympathize $0 Ul, I eepeat, your motives aud avowed purpose d peaceful, and I wil, ns far xs Tam con do my duty in protecting your rights In our Hmits. Virgin and ber autborittes weuld be weak indeed, weak in point of folly and wenk in point of power, if her State faith and con- stitutional obligations cannot be redeemed in her own | the letter of morality as well ne of 1aw; and if he canrot courteously receive a lady's visit ‘to a priso arm which guards Brown from rescue on the one ‘on the other, will be rew!y to guard your per- nia. I could’ not permit’ an ingnit'even to womsn in her walk of charity among us, though it be to one who whetted Knives of batebery for our rather, sisters, daughtera and babes. We have no sympathy wilh your sentiments of sympathy with Brown, and are surprised that you were “taken hy surprise when ‘news came of Captain Brown's recent attompt’” His attempt was a natural consequence of your sympathy, and the errors of that sympathy ought to make you doubt its virtue from the effect on hia conduct. But it ia not of this T should speak. When you arrive at Chrlestown, if you go there, it will be for the Court and its officers, the’ commonwealth’s ‘at- torney, aberiffand jaller, to say whether you may see and wait on the prisoner. Mut, whether you are thus permitted or not (and you will be if my advice can prevail), you myy rest as. sured that he Wil be humanely, lawfully and mereifuliy dealt by in prison and on trial. Respectfully, Bi 1, MAMA CHILD, HENRY A. WISE. ‘Two gentlemen from the North, who were sojourning a few days ago at tavern in Orange Court House, in this State, were waited on by a number of gentlemen of the town’ and politely questioned as to what their business was. It was charged that one of thom was seen talking to # negro on the street, and walking some distance with him. Tho strangers accounted for their presouce by say ing that they had come to negotiate with a gentleman of the town on the establishment of a tannery, aud stated, moreover, that the conversation with the negro was in reference to the whereabouts of a Mr. Ward, the gentleman they had come to sce in reference to this en- terprise. This satisled the parties who waited upon them, and the strangers were permitted to go about at discretion. Once rid of the suspicion of a sinister ob ject, all persons, no matter whence they come, may roam at pleasure in the Old Dominion, and they will not only be free from insult or indignity, bnt be hospitably treated. But really, under the existing state of things, such a, course as that pursued in regard to these gentlemen, however apparently harsh it may seem, is osseutial, Rrcuwoxn, Va., Nov. 4, 1859. Reported Complicity of a Member of the State Quard in the Virginia Insurrection—Rapid Distriintion of Arms Throughout the Stato—A Vurginia Lantwehr—Howitzers tobe Sent tothe Frontiors—Bantshment of Free Negroes from the Commonucatth—Appheations to Gavernor Wise for the Pardon of Brown—(onflict between Brown's State- “ment to the Court and that Made to Governor Wise— Brown Now in the Hands of the Governor, de. Rumor is current here today that a private in the Stato Guard has been detected in complicity with: some abolitionists on the subject of a negro insurrection in this region of the Commonwealth, To. what extent he is im- plicated is not yet knowa,,but an investigation will pro- badly soon be had, and all the facts fully ascertained. ‘Tho idea ts that this discovery will furnish a clue to im- Portant developements involving other parties fn and out of the State. Tapprehend that terrible examples will be made in the case of parties within the State detected in complicity with the villainous abolition movement. The arming and equipping of the militia and yolunteors of the State is rapidly progressing. Before three months from this time Virginia wil! have an armed force of not K HERALD, ‘lees than thirty thousand. Nor will this defensive move- ment stop here. The militia of the State will be rcor- ganized upon a plan suggested at the last session by Governor Wise. Every man under the age of forty-five ‘and above tho ago of eighteen will be compelled to do ‘active militia duty, They will have to parade three or four times a year with arms, and by way of offset for this service they are to be exempt from jury duty. They are, more- over, to receive pay whenever called upon, either to parade Or engage in active service. The fund for this purpose will be raised in form of contributions of say an cents from each person above the age of forty-five. will be demanded as an equivalent for exemption from active service, and from estimates which I have heard fe, based upon the last census. The contributions thus raised will not only meet all the expenses of arming and the pay of the members on parade days, but leave a large reserved fund to meet emergencies Tt is cont to send immediately some sixteen or twenty howitzers to the froutior counties of the State, to be posted at the most convenient and eflicient points for purposes of defence. ‘These will be reinforced by the ad- Gitioo, from time to time, of a8 many as may bo deemed~ necessary togetablish a thorough state of defence. As a re of policy intimately co .d with the reservation of the institution of slavery in Virginia in its It integrity, it i contemplated, as i am informed, by some members of the Legislature, to bring in a bill, at the next session of that body, providing for the removal of free negroes from the Commonwealth. A bill of this character was before the last session; bat, inasmuch as no. crisis bad then arisen to stimulate remedial or preventive legislation, such as the late Hagper’s Ferry event sug- gests, it was defeated. This bill, as first reported from the committee, fixed three years as the period within which al free roes should leave the Commonwealth; after which wil of that class found in the State were to be onslaved—the privilege bemg reserved to them of chocsing their own masters, The bill was subsequently amended go as to extend the period to ten years; bat, even thus modified, it failed to pass. There will be little difficulty, I fmaginc, at the next session, in the way of the possage of such a bil’, even with the three years’ limita- ton as the period within which the choice of voluntary emigration or enslavement will exist, Letters by thescore ure daily pouring in upon Governor Wise, from men of all parties at the North, urging the par- don of Brown, or a commutation of his sentence. The writers comprise men of the first standing in that section, and the motives advanced as a justifleation for this policy ure a8 diversified as public septiment itself. Hamanity, Policy, religion, the susceptibiity of Brown as the tool of others, and a hundred other pleas are prescnted ag rea- sons why be should be pardoued, while on the other hand, men from the same section plead against his pardon and urge his execution. So far as J can judge, the law will be permitted to take its course, Brown seems to buve lost all moral prestige in. the esti- mation of the people Ferry, a8 given in his speech betorn hat volunteered ty Governor Wise in per's Ferry design in Tn his in ing up the rebellio lew with Gov pe to get up which he had with 1 tion of the truth of t owal. ‘The case of Brown is now altogether within executive Jurisdiction, and his execution, in pursuance of sentense, will follow as a matter of course, unless tue Governor should interpose and either pardon, commute or respite. Itappears he signs no death warrant, and in no way acts in the cases of capital or other convictions save upon, peeton, Nor does the fact of an appeal to the higher courts avail to stay execution, — This may ferm grounds for an application for respite; but it wili not necessarily avert the doom of the prisoner one hour beyond the time fixed by the judge for his execution. In a petition for a respite, pending the action of the Court of Appeals, upon the plea set up in behalf of the prisoner, the grounds upon which the pica is founded must be set forth to enable the Executive to see if it was such @ one as would justify a respite. The policy of this is obvious from the fact that the ends of justice might be defeated by the presentation of frivolous pleas, having no legal force, and conceived merely to borrow time. All this may in volve the contingency of escape, and, for aught the Exec tive may know, the plea may be institated to afford such an opportunity. Hence the necessity of scrutinizing the validity of the ground of appeal before predicating @ re- gplte upon it. It is generally known hero that respectable white men are in the habit of sending half breed children of theirs to the North to be educated. If the black mothers are free, the children must be free; and by a law of the State, free’ persous of color going to a free State for any pur: pose are prohibited from returning. If the mother is a slave, the children are also slaves, and, as such, en privilige of going to and returning from a free discretion of their masters. ‘Thera are some men in this city who are understood to be trifling with this prohibi- tory law, and I mistake very much the tone of the au- thorities here if they are not held to account for their il legal course. I hope soon to be able to give you the names of some of theso individuais,and when the cata- logue is published, you may Jook out for a grand stampede of whites and haif’breeds from here. The community would be very much benefited by the exodus. OUR SPRINGFIELD CORRESPONDENCE. SpRNGrEID, Mass., Nov. 3, 1869. Anaicty of the Republicans to have Old Brown Hanged. ‘We here in Massachusetts are anxious, very mach 80, in fact, to know why the act of Old John Brown should wssume the chameleon characteristics it docs? That I may be distinctly understood, I will ask—I cannot an- swer, unless tomy own, in part, satisfaction—why does the republican party deny the acts, probable aud present results, and the practical doctrine of Brown’ and why do they get indignant and wickedly wordy when this charge is brought against them? Why, too, do they cry against the democrats making politica! capital of it, and sb sensi- tively exclaim, “Our skirts are clean from the blood this man—this Insane, crazy, fanatical being—has shed? Assuming, for them, that their virtue is yet intact, aud that to them Brown is no political fruit of their doctrine, I will again ask, why do they lift up their voices and say “If you""—thereby supposed to mean the democratic par- ty—“hang this ran, or dare torture him, it will be the best auxiliary to our party this country could give, and the acttwould destroy your” Why do they ask that he be hung for their “political capital?” Said C. C. Chaffes, M. ©. from this district, and whose wife was owner and defender against Dred Scott, a republican from his back bone to his conscience, ‘I 'hope they will hang Brown; it will be the death nail of the democratic party,and elect a republican President in 1860." Premising that Virginia, as a State, has simply to do with Brown, aud that judges, lawyers and juries of that State git in judgment of his acts, how dothe republicans make tho democrats responsible for his execution? Again, in this hot-bed of abolition fa- naticism, old Puritanical Massachusetts, why do they cry against his sentence for murder, although admitting he killt4 and murdered men? This I will follow with their avswer, viz: Because, say they, he only went intenaing to run off slaves, and not to murder; and dovs not inten tion govern the crime? Zrgo, if he did shoot and kill men it was in gel(-defence, and that is not murder! Well, very good law; bnt, says as good anthority, « whenever a man in the commission of au offence commits avother, although not intended by him, he sbail be Leid amenabie for any such offence, and punished therefor, as tbongh wilifuily done, because all his acts were illegal.” ‘This 18 Massachusetts law, too. CLOSING SPEECH OF BROWN’S COUNSEL Our special reporter at Charlestown, Va., sends us the following report of the closing speech of Mr. Chilton in defence of Brown :— Mr. Cito rose and addressed the Court. He said— May ityplease the Court, gentlemen of the jury, I can say with truth and sincerity that, throughout a professional career of no inconsiderable length, I have never risea in the performance of my professional dutie® under greater embarrassment than I feel at this moment. And no wonder, fot Iam charged with the life of a fellow being, not absolutely, perhaps, but it may be to some extent. I have frequently been subjected to these responsibilities, but there has been but one previous occasion in the course of my professional carcer when I had to discharge this duty in the midst of strong popular exciternent,and when the assistance I had to render ran counter to that strong popular gentiment. Upon that former occasion I endea- vored to do my duty faithfully, and I have the assurance that Idid it. I have come bere to pérform the profes- sional duty which devolves upon me, and I intend to dis- charge that duty faithfully here; and in doing it I trust with the greatest confidence that I shall not bring upon myself the censure of one single man in this community about whose opinion I would care. I hile come here to deal with this person asa prisoner; I have not come to deal with him as Brown, the leader of an unlawful foray; Thave not come bere to deal with him in reference to the state of public fecling; but I have come here to perform a sacred sworn duty, the professional duty which rests upon me. look at him simply as a prisonor under your Jaw; if the law does not warrant his conviction, to enden- vor to make that appear to you; and whether I can make asuccessful defonce for him upon the facts of the law— upon the technicalities of the law, for I intend here even to take advantage of the technicalities of tho law—re- mains to be seen. Conscious that this is my duty, 1am determined to perform it. Now, gentlemen, I have no sympathy with the prisoner at the bar. My birth and residence till within the last few years wero within tho State of Virginia, in the midst of those institutions of slavery by which we are surrounded. It is not necessary for me to detain you with these matters personal to my self, and witha few words more I shall dismiss the sub Ject. Lhave been a resident of the District of Columbia for several years past, but I still maintain my counection With this State ané practise in its courts, and I trust the day will come, before I am gathered to my fathers, that I will return to spend the remnant of my days where my youth was spent, and to mingls my dust with the nol of this State. No other motives or influenses have operated on me in taking up this matter other thau faithfully to discharge the dntes T have assumed, 1 re ret Very much the circumstances that have arisen here. bad hoped that the tial of this prisoner would ed like the trial of auy on You remember Houor’s remark the ether day; that be make any distinetion on thrs trial, that he could. n mit it fo be conducted ty any other manner than the tr: her person whow the law might charg It is most desirable, for the credit and. h 48 regular pro MONDAY, NOVEMBER 7, 1869.—TRI PLE. SHEET. ntlemaa whe is associ z ated with me have undertaken this defence withont pre Beiy dittntres cn ar carmest denize that we should faith- our duties in that We aocknow. lodge the that was e: to us, and we now enter Upon the duties we have assumed. T am sure the of the of that Oc 4 will meet with no exhibition of on the part of thi community. I do not that such excite- ment exiata; it is natural; but even while it does exist that there is a mination on the part of @ large majority of this community not to allow that foeling to in- Verrupt the fair progress of this trial. I feel that there to wat a to roast ‘upon the fair name of the Btate. it shall not be said that any man, no mattor what his crimo. have who has been tala into the courta of law of this and protected under that law—that it shall not be said he was denied # full, fair and impartial trial, or convie! contrary to law. ’ Gentlemen, when you entered that box you were interrogated ag to whether you had formed any opinion of the guilt or innocence of the prisoner, and whether you entertained fooliugs prejudicial to a fair’ con- sideration of the case. The usual question was pro- pounded to you, whether there was avy bias or prajadice in your minds adverse to the prisoner at the bar, and you answered, none. You were sworn truly to examine the testimony that would be laid before you, faithfully to dive the obligations of the oath you bave taken to try the case upon the testimony aud the evidence, and give your verdict according 48 that evidence might dictate, no matter what the public feeling might be or to what it might tond. 1 will argue the case upon the assumption that this is the stato of your winds, aud that you do sit there ready, if satisfied that the law and the testimony docs not warrant conviction of this Imio—no matter, 1 repeat, what the public teeling may matter what excitement exists— that you will hones untlinchingly discharge your oath, by rendering a couscientious verdict, be the resnit what it may. 1 could hoped that the prosecution would have been op lyon Satorday evening by the Commonwe: 1 confexe I did not understand frem the opentog very distivetty upon what ground the various charges contalaed in the indictment Were Kought to De sustained—upon what principle of law or fact the prosecuting attorney indulged in that strain of abuse of the prisoner at the bar on Saturday evening. He Stated a great many Uhings iu relation to him. In fact, he (Mr. Barding) prononneea a verdict of condemnation upon the prisoner. He wait for the verdict of the fury; but it seemed to me that he usurped the place of Judge aud Jury when he pronounced that sweeping malediction upon bim—when be said that for all his crimes degrada tion and infamy were now hanging over the head of the prisoner at the bar and his Dosterity to tho latest genora- I difter altogether from the prosecuung is matter. Ido not think the law look to the pos- y atall; but, on the contrary, that it is upon him «¢ himself alone, if, iy the opinion of the jury, he be guilty of the crimes imputed to him, that the law looks. and: that upon bitmself alone will fall the Punish tent, and not upou his posterity to any generation. ‘As my time’ is limited I must be brief in mg arguments upon the various points the case presents. Gentiem as my colleague stated to you, aud as you are alr z y aware, there are in particular three distinct charges laid against the prisoner at the bar. The first is the charge of treason. ‘Treason, gentlemen, is an ol common Jaw, and its definition is to be found in the exception that the Legi what acts consut av crime of treason, some that were not known tn the definition of treaso recognized by the coustitution of the United States. Now, the word treason is 4 from a French word, signify: al of a trust. Tt means g cu in violation of a relation, and tion in this case is the allegiance and fidelity due to the Commonweaith from its own citizens. Now, gen men, itis a well known proposition in law that treason capnot be committed by an individual agamst a State un leas he bo a cit 7 State. ‘The definition of trea son is found in a book upon law of the highest authority. The word treason is derived from the French word trahison, which signifies to betray. It then defines what offence is a breach of the allegiance which subjects in Greut Britain owe to the Crown. But mark this, gentle. man: It is expressly laid down that an alien who comes into the kingdom in a hostile manner is not thereby guilty of treason, because he owes no allegiance; he is bound by no tie of fidelity to the King. Now, our statute has not de- fined what acts coustitute the crime of treason. The com- mon law detines what treason is; so does it define what murder is, Murder is not defined by statute, though at common law it has a distinct and well defined meaning, and whenever we want to ascertain what the meaning of murder is we do not go to the statute, but to the common law, from which all our laws are derived, and tho prin- ciples of which lie at the very foundation of all our laws. Aud here we goto know what the word murder means, and what the word treason means. There is no statute law in Virginia which defines treasog , though it lays down punishment for those who may commit it. Itsays that levy- ing War shall be treason; setting up a government shall be treason, when get up in opposition to the existing government of the State; acting under tho authority of a. ernment 80 set up sball be treason, but it leaves the question open as to what constitutes these crimes; and in what manner a party may be adjudged’ guilty of them. And here, therefore, we must go to the common law, the expressed common law, and see what it shys. It says that in England any alien or foreigner coming into the State in a hostile manner, no matter with what force, hall not thereby commit treason, Why? Because, gentlemen—and I wish you to mark this—because he owed no allegiance to the Crown of England, and treason is a breach Of that. Therefore, the alien and for: igner, owing no allegiance and no fidelity to England, commits no breach of these relations, and consequently no offence is committed. Now, gentlemen, I argue upon the prin- ciples of common law, it is true, butit is my duty to call your attention to it; and I now come toa point that mag be @ subject of instruction to you by his Honer. As it has not yet been before you, I merely refer to it, and you will bear what the other side shall have to say upon it; and if any difficulty afterwards arises upon it his Honor will solve the difficulty by explaining the law bearing upon it. And if I am right in it, Isay you cannot find tLe prisoner guilty upon the Srst count in the indictment, because you have no proof to show that the inan was a citizen of the State and Commonwealth of Virginia. And this question must not be left in doubt. The prosecution must Ost prove thia to you before they give you the issue to try, no matter what may be averred in the; indictment: that he was a citizen of the State, The prisoner and those associated with him are charged with having com- mitted an actor acts not one of which the statute declares shall constitute the crime of treason, und for the crime of treason they are araigned, and the prisoner is now upon his trial. They are charged with levying war. Now I do not propose to add any arguments of my own to those already advanced by my learned associate to show that whut these parties baye really done was no levying of war against the State. They are proved to have seized by force some public buildings at Harper’s erry, and to have occupied them. They are proved to have Sallied forth from their position and seized certain slaves and their masters and brought them to their stronghold and there detained them as prisoners. It has not been proved that they resisted any ‘authority of the State, because I have seen nowhere any evidence that a demand was made upon them to surcender as desperadoes, nor was any process issued against them by any constituted authority as violators of the peace. There is no evidence at all of these you should try him on each of these counts as though you ‘were sworn to try that count alone, and for nothing else. Now with reference to the murder. That is charged in the third count, but it is also made the subject of a fourth count, and I will, therefore, treat both the same. IA one count’all the parties are charged with perpetrating mur- cer. In the fourth count four only of tho party are charged with murder, and one, that is Copland, is charged with al¢ing and abetting the others; so that, in the eyes of the law, they are all equally guilty according to thy indictment, Now, gentlemen, you all are aware that four men were killed at Harper’s Ferry—this is the “murder” referred to in the ineictment. But the count in the indict- ment is invalid. It charges five mon each with murder- ing four men. If] understand aright, it states that John Brown, the prigoner at the bar, with four other per- sons named, did on a certain day each mur. der A, B,C and D, four men. is form of proceeding may be all according to law; thut is a matter, however, which the Court must decide. But I say it ig impossible fora prisoner to make a defenca to such a cbarge—that he, the prisoner, with four others, each murdered four men. Now, they might have been charged with jointly murdering them, but that they separately murdered them I deny; itis impossible. Three men may murder another if they all shoot at him at the same mo- ment, and that their bullets all take effect upon him; but if oue man kiils another, by shooting or otherwise’ and two others are present, aiding and abetting, then all three are guilty of the murder, That is joint murder, and they may be isied for it either jointly or separately ’ This is a r in the discretion of the Court. I hardly know how er this charge; but taking it according to law, and ning that the pleading is right, what principle can govern us in coming to a conclusion ‘upon this charge of murder? At common law all murder is capital, but the Logislature of Virginia, in their humanity, have, in their consideration of the weakness and frailty of human na- ture, the mental obliquity of man, and the influences which operate aguinet him, have declared that but one species of murder sal! be punished capitally. That is @ description of murder referred to by my associate. Murder by poison, lying in wait, imprisoning, starving, or any wilful, aeliberate and premeditated killing, or in. the commission or attempt to commit arson, rape, robbery or burglary, thet is murder in the first degree, and is puvishable with death. Murder in the second degree is punishable with imprisonment for a poriod not exceeding eighteen years, in the discretion of the jury. The prose- cution ask the jury to convict the prisoner at the bar of murder in the ‘first degree. Now, gentlemen, the law says that whenever a man fs found to have killed another, that he hascommitted homicide, that presumes in the first instance that he is guilty of murder in the second degree. And if the prosecution want to raise it from the second to the first degree it i incumbent upon them to show the particular circumstances which bring it within com ature of Virgiu the grounds of the first degree. On the other band, if a man accused of killing another, and he wants to reduce the murder below the cccond degreo, it 18 incumbent on him to prove the cir- cumstances of mitigation, When the State demands at the hands of @ jury the life of a fellow being, it is for the State to show beyond all question and beyond ail doubt that the crime charged has been committed, That act hich forfeits life must be pi not only clearly and inetly, but there must not be ti shadow of a doubt loft on the minds of the jury. Ta + er, ol with murder, is anxions to shield + implication of maher prepense chi ¢ that he a m vt against him, by the resait of the beyond question, tend to him the gree of erly The same prineip demands th prineiple br s sume it will be argued, that becanse pining with others for the parposes of away § cd, and in defence of themsolves, 0: the party killed a man—that this was a wilful, premeditated killing on the part of all. uow, Ido not understand the law hore. A man may go out with a party of others for the parpose of committing a mn but, Bofore its perpouration, he relents, and the jaw, gentlemer, recognizes this he relents of this felonious, marderous pury protests against it, and endeavors to spare th blood, but he is not able to do it be convicted of murder in the ti Noy extends its clemency to this man, That is all Pask be: Now, what was the course of the prisuner at tho bar? I te visited tho Allstadtt, they their slaves and brought them to Harper’s Ferry, and livered them over to the prisoner at the bar. The condt Of the prisoner 10 bis captives, and the conduct of the men who seized them showed clearly that there was ne mur- derous purposes—that there was no malicious purpose. ‘Tho efforts of the prisoner at the bar to protect them dur- ing the conflict which ensued proved the contrary. How- ever misguided these men might been, however redicu- lous and absurd the object they proposed to accomplish, no matter how impossible the carrying out of it might be, it is but fair w believe that men who thought they could succeed In auch an enterprise, also believed that they could succeed without bloodshed. ‘The proof is that it he had been aliowed to go away with ail bis men and hisy geud and wounded no bloodshed would have ensued’ Now this was his own declaration. This was the ground of the appeal he made to be allowed to ‘epart, that no blood might be ehed, but that if he was attacked that he would hold his posidon alt the force that might bo brought against bim. Now, gentlemen, when you re- ceive the conscientious declaration of the witness on this Point, that he desired not, but strove to prevent, the effu- tion of blood—when ‘the whole bulk of’ the evi- idence goes incontrovertably to prove that—you must necept that declaration, and give bim the benefit of it. It will be then for the prosecution to attempt to prove the untruth(ulness and insincerity of that declaration, and show that it is not in consonance with the acts of the man bimself. Can you, geatiemen, say or it tor a mo- ment that what he set forth in that declaration is unteue?— that the prevention of bloodshed was the motive of his action—that these were not his feelings? Is there any- thing in the surrounding circumstances which proves that his conduct was not dictated by humanity? Is there any. thing that makes it certain and positive to your minds that all this was mere pretence, and only intended to decetve? Now the intention, rates the crime, is a very essential point to con- sider; and I say to yon, in considering this facts.’ ‘The only proof approaching this is that Colonel Lee, who commanded the Unitgd States troops, had effected a breach into their fortifleations. Now, had he demanded a surrender in the nameof the United States, and had they refused, and instead had opposed those troops, they would have been guilty of treason against the United States, in seizing the property, and m resisting the constituted au- thorities of those States. Now, gentlemen, as to the charge of establishing a government, I ask you now calm ly, in the face of a!! the evidence upon that point, did they establish a government? Thoy may have designed to es tablich a government, but the statute makes that a separate and distinct offence, not a capital offenes, These men are ebarged with having established a governme tion base their charge upon the evideni or book, that bas been referred to, pains to read this pamphlet carefully, aud I must say that of all the ridizutous, nonsensical produc- tiens—of all the wild, cliimerical theories lever read of, m. Why, gentlemen, it could only nated from the brains of a man of unsound mind. ‘This government and constitution spoken of deflae no territory over which it is to have sovereignty, no property whieh it will protect. power, but it merely says, in the words of the pamphlet, that slavery is a great evil—is, in effect, a war existing between the master aud slave, and that it ought to be abolished. There are articles in the pamphlet providing tor the appointment of certain officers. But what does it all amount tor Thgt it alludes to an association or copart- nership with propérty in common. A reference was made tothe limits prescribed—that ts, the territory prescribed in the constitntion over whi 2h the association was to prevail. But, on reading it throughout, there is no territory men- tioned whatever. Now, gentlemen, it is aserious question to consider whether any government, such aa the law points at, was contemplated by these men. Did they con- template’ a government, or did they morely contem- plate a voluntary co-operation for the purpose of abolishing slav But they had other and bet- defined objects, and these were for their own guidance and conduct, and were of a moral character— hot to levy war or raise taxes. There was nota word suid in those articles of any purpose of that kind; nothing about the levying of taxes, that essential feature in the formation of governments. I will not detain you farther on this point, but I will add, without hesitation, that they caunot be convicted upon this evidence—thatit has been proved that they could not have contemplated the levying of war, but that they came here to free the slaves. That was their only object. But that is a separate and distinct object, and comprises a separate and distinct offence, and lends ho aid to the charge of treason. Treason can ‘only exist where the proof is that parties have levied war against the Stato, or adhered to the enemies of the State; and these offences can only be committed by citizens of the State. Suppose a hostile expedition was set on foot in another State, and @ man, not a citizen of that State, ad- hered to it, would that be treason? So far, as I said be- fore, treason cannot be committed by any person not a citizen of a State levying war Upon that Stats or adhering to its enemies. Then, again, as to the charge of establish- ing a government. There is no proof whatever that these | men intended anything beyond establishing an association | by the ywes and regulations of which they consent to be | governed and controlled. They agree to be governed by Certain provisions 'of a constitution framed by taemselves, but in no way interfering with the existing government. They do not fix upon a capital as the seat of their govern- ment, as the seat of their empire, or whatever the prose. cution imagined it was to be. But they associated toge- ther as other companies do for specific purposes, such as we see rajiroad and other companies associate ‘together. This might have been an incipient stage towards the es- but it went no farther, and therefore does not come within the meaning of the act so as tomake these men amenable to the law. There is no proof whatever that these men of the State of Virginia. All that can be said of them is that they, with arms in their hands, in hostile array, with- out organization, not under orders of any government, but each man acting for himsolf, marauders if you choose, entered the territory without authority, and are liable to the penalty which would be int ‘upon any body of men who might be in our midst for the pur- pose of committing violence. Then, as to the of holding or usurping any office, or professing allegiance and fidelity to any ‘usurped government, &c. My time does not allow me to detain you long upon this point, The principle to be considered héreygentiomen, is the same as is applicable to all cases of murder. Everything and every particle of evidence is to be construed favorable to the accused. You all know the principle, that if a jury entertain a doubt—a reasonable doubt—they are bound to give the accused the benefit of it. ‘The old adage is well known to every one acquainted with the conduct of crimi- nal cages—tbai it is better that ninety-nine guilty men should escape than that one innocent man should suffer. It is expected at the hands of jurors, as part of their oaths, thatthe evidence to convict 4 man’ of a capital offence, more especially where death is the forfeiture, must be complet® and conclusive. ‘The evidence in such cases must be 80 conclusive that it leaves no rational doubt upon their minds, and if in the face of that rational doubt, under the influence of prejudice or fear, or excited feelings, or anything of that sort, they give the advantage to the pro- secution against the accused, they disregard their oaths and give their verdict contrary to law and justice. There is another point I wish to call your attention to. It is this, that whenever you get a man’s declaration in evidence you must take itall. if to make a case against a man you take in evidence what he said, or wrote, or published, and if there is a part which makes for the prosecution, and a part which shows in favor of the accused, you are bound to give him the’benefit of his declaration, except the other side bring evidence to disprove it—to positively disprove what appears in his favor. There is a declara- tion in this famous constitution which expressly states that it was no partof their object to interfere with existing governments. Now this is in the very document given in evidence, and upon which I understand the prosecution relied to establish this setting up of a government within the limits of the State, contrary to the act, and that he has, by his declaration therein, ’ sub- jected himself to the penalty of treason. I now come to a second count. One part of that count charges the prisoner and his associates with conspiring and advising with slaves to rebel and make insurrection. ‘The language of the statute is that if a free person advises or congpires with slaves to rebel or make an insurrection, or with any others to induce slaves to rebel, he shall be punished with death. Now, aman may commit the of- fence with respect toa single slave. Ifa man goes to a slave and advises him to rebel against his master’s autho- rity, and to resist it, and it be proved upon him—whether that slave rebels or not, or resists his master’s authority — the free persons advising him is guilty of a capital offence: Insurrection, on the other hand, means a rising of slaves | by combination, to throw off the authority of their mas. ters, and, if necessary, in carrying out their object, to com- mit murder, Now, gentlemen of the jary, I contend that there is not a shadow of « proof that’ the prisonor at the bar or his associates did anything of the kind. Ia the se- cond count they are charged with advising and conspiring with slaves and others to rebot and make insurrection. ‘Now, again, upon this point there is not the slightest evi- dence to convict the prisoner, There isa third offence charged against them—advising or conspiring with others to induce a slave to rebel. With egard to this, T mast say that there is eome evidence from which a jury ‘might—yet Ido not think it is sufficientiy clear—from which a jury might infer that there was a conspiracy ou the part of the defendant, with his associates, to iaduce slaves to rebel, But you will mark that thero is no proof that they advised or conspired with slaves—cortainly none of any conspiracy; ecatse conspiracy to be established requires proof that the slaves participated with these parties, and were acting in conjunction with them. To establish this charge: the prisone nst be proved that the slaves were crimi- pal—that they entered fully and entirely into the plan, and agreed as to the means of eifecting their object with these particular parties. But then, gentlemen, the whole of the circumstances connecied with this casé show that there was no conspiracy among tho slaves—-that they had | | and tumult, while the tempest was raging around, whem ) th It specifies no place a& the seat of | tablishment of a government within the limits of the State, | or any of them established a government within the limits | a: eB is clearly known, during Tuesday death as ny colleague bas aitesdy called a as i to all the fariwoompected with it. Tho other persons were about by this old mun and bia thoe buildings killed in orate bi associates, in taking illege! posessio and bolding them contra lated the law in takin, . citizen slaves and making them prisoners Uefore any dee’ wok place, ¥ death of 1!» negro, the prisoner be; monstra: ch the citizens not to fire lest they shoula injure their own friends, at the same time ere to understand that they _aitacked Fer himself, Tt does not fess the Soe whether the attacking party acted under aut whether they were commanded by the properly constituted authorities in attacking the buildings does not evidence. The evidence given’ to-day shows the time these unfortunate citizens were was completely dethroned, not only, a8 reves prisover at the ‘and those who were with , but an inmates the whole byenary . In fact all * wan overthrown, and riot and blind passion prevailed 1 do not mean to condemn this; mong the wou was natural under the circumstances. And here in tho midstof this wild, unbridied excitement a conthet ensued— aconilict which the prisover at the bar endeavored to avoid, for the purpose of saving human: life; and shots were lired ut random and wereretarned at these per charged with murder inthe first degree because of hie connection with the cause of the loss of these men’s lives. The Jaw does not contemplate a case of this kind. It refers only to where a person live in wait and those other cases which I enumet before. dees not contemplate a killing ander circumBtances such as those which prevailed at this time when Jaw and order were dethroned, and every excited and fanatical man was the slave of his own wild impulses, freed fromy all check and control, and knowing that they had little to fear even when order would be restored, for the consequences of their acts in those hours of frenzied excitement. Whe could perfectly tell. in this maelstrom of lawless frenzy to were not ouly imperiled, but sacritesd, and’ homi- cides were the result of idrseriminate firing, by'whom the shots were fired that caused ceath? I canuot, and do believe that the provisions of the atatute were ever inten to cover such a case 48 this Therefore, gentlemen, L think, according to law—and I ask you to go no further, but on the contrary, beg of you toadhere toit, regardiess of conseqtiences—I contend that according to law you can- not, in justice to the sacred oath you have taken, pronounce the prisoner at the bar guilty of murder in the first degree. Whether you can prouoonce him guilty of murder in the | Second degree is a point for your n. But I cam- | didly confess T do not see any foundation for finding bim | guilty of murder in the second degree—no, not even of man- ’ slaughter; but more especially Tsay you have no evidence | before you on which you can return a verdict of murder in the second degree. ° There is no malice prepense, gen- temen, in the act of self-defence. While I by no means— not for 2 moment—insinuate that the prisoner at the bar ‘was acting in his proper line of duty with regard to any- thing, I yet say that when he bad taken his when he found himself so placed that he must submit | to-be shot and all with bim, where he stood—when he | found his flag of truce no protection, all terms of compro- | mise denied, and all bis remonstrances to spare the effu- sion of blood unbeeded —I do not think, you, gentlemen, cannot think tbat the law requires @ man under such cir- cuniatanices ob peices fire of his assailants in self-defence. peo Harper’s Ferry ought not to have fired upon Brown and his men under those cir- cumstances. It must have been manifest to every ene that if a little time bad been allowed—If this attack had net been made, the prisoner ahd his associates would now be ‘ be in the custody of the law without bloodshed and | Without the sacrifice of life. And whatever might have been their guilt—whatevor may be their guilt Tam sure there are none amongst you who could deeta” the forfeiture of the lives of these ufortunate men e} they were pronounced torfeited by the law. And the re- spect that has been ever by its citizens to law of | tho State, the absence of all crime of in arms and overriding the law (with a single exception in the whole | course of my life), the complete submission of all cluasest | to the law of the State, challenges the admiration of the | whole Union. When other States have beem sacked by | mobs, and when popular excitement ins overridden and trampled under foot the Jaws, there has yet been no im- stance in the old Commonwealth of Virginia, the Old Dominion State, of such adire result. 1 partially tothe exception which some zearnngp took: place at a! | of great excitement, aud when a ly of men took afew | negros out of the jqj! and from under the protection of the. law and executed them by mob law. That act was repro- | bated by the whole State for years afterwards. Now, entiemen, in this case [ask in the first instance, and am sure I need not ask again of you to try this case as you would any other. Divest yourselves of every- | thing that might be calculated to iufluence you in the slightest degree: and in your retirement, when you come to consider it, estimate ali, the circumstances calmly and | digpassionately. Look at the events of the past of this | affair ag far as you can with cyes—as the law requires you to do, gentlemen, and as your hearts and consciences Must dictate—favorable to” the , interpreting all the evidence step by step, and when a doubt exists, ex- tending to the unfortunate prisoner, whose life is in the balance, the benctit of ‘that doubt, and all that may ope- rate in his favor in the evidence aid before you. £ gentlemen, after you—having in your retirement conside- Ted, weighed and sifted the evidence—retarn honestly and conscientiously in the presence of the bench and crowded. court, and pronounce the result of your deliberations, and there will not be a voice nora murmur raised egainst you for pronouncing a verdict favorable to the prisoner. The time of excitement has passed; = verdict be a Mew to cause a little excitement ere, it, too, w: ly pass away. And if your laws, or their administration, especially at common law, cannot be upheld in integrity and truth and indepen’ dence—a protection of life, in protection of the alleged violajor of your laws—then, I say, the law of property goes next, and the result must be obvious. And whon this comes to pust—when justice is not administered in con- formity with the strict principle of your law, then fare- Well to all the blessings of a free government, and soom will foliow that which is so much dreaded—the dissola- tion of the Union; soon will follow a revolution of all tbe practices, all the precedents, of all the securities, of all the conservatiem which binds us together, and property and liberty, and reputation and every intorest which governments are established to preserve and protect will vanish, and soon, I say, when justice is overridden and the law laid in the dust, soon will follow all the evils I have 80 feebly endeavored to paint. Returning you thanks, gentlemen, for your patient attention, I am done. LETTER FROM BROWN. The following letter from Old Brown was written im answer to a note from a Quaker lady in Newport, R. I.:— Cuantxstows, Jefferson Co., Va., Nov. 1, 1859. Your most cheering letter of 27th of October is received, ind may the Lord reward you a thousand fold for the kind feeling you express toward me, but more especially for your fidelity to the ‘ poor that cry and those that have no help.” For this Iam a prisoner in bonds. It is solely my own fault, in a military point of view, that we met with our disaster—I mean that I mingied with onr prison- ers and so far sympathized with them and thelr tajnilies that I neglected my duty in other respects. Bat God’s will, not mine, be done. You know that Christ once armed Peter, § also in my case; I think he put a sword into my band, and there continued it so long as he saw best, and then kindly took it trom me—I mean when I first went to Kansas. I wish you could know with what cherfulness Iam now wielding the ‘ sword of the Spirit? on the right hand and on the left. I bless God that it proves “mighty to the pulling down of strong holds.’? I always loved my Quaker friends, and I commend to their Kind regard my poor, bereaved, widowed wife, and my Lae raggi a@ daugbters-in-law, whose husbands fell at my side. One is a mother, and the other likely to become £0 soon. They, as well as my own sorrow- stricken daughter, are lef very poor, and have much ae ae Fl pep nae |. who, ie rb infinite grace 10 kindness of strangers, am ‘joyfal in all tribulations.” Dear sister, write ‘them ge ibe, Essex county, N. Y., to comfort their sad hearts. Direct to Mary A. Brown,’ wife of John Brown. There is also another—a widow—wife of Thompson, who poor boys in the affair at Harper's Ferry, Place. I do not feel concious of guilt in taking up arms; and had it been in behalf of the rich and powerful, the bra fo the great—as men count greatness—if those who form enactments to suit themselves ahd corrupt others, or some of their friends, that 1 interfered, suf- fered, sacrificed and fell, it would have been doing vei well. But enough of this, These light aillictions, whi endure for a moment, shall work out for me a far more exceeding and eternal weight of glory. I would be very grateful for another letter from you. My wounds are healing. Farewell. God will surely attend to bis owm cause fn. the best possible way and time, and he will not is own is. forget the work of his JOIN BROW, BROWN'S CONFEDERATES IN PENNSYL- VANIA. T@ TNE EDITOR OF THE HERALD. fell with my at the same no complicity whatever—no communicationgghatever with these parties. T will not detaia you” by arguing | how far the evidence goes to prove tho charge | of advising or inducing. I have not the timo to do this; and a resting with yo than mere cict where tho saeritice ig the lis of this, gentlemen, beeanso T tell yoa, you, and th coting connsel © tbat each ¢ dence—that in coming toa conciugion us to innocence of the prisoner upon against him, you baye no right to go out of the c the indictmeat wherein afiy eb: you must try him precisely as if h that partictlar charge. You must not draw anything from the fuot that he is charged with treason, for if he is | not guilty of treason you must divest all recodection of | that charge from your breasts and not allow it a feather’s | weight in your consideration of any of the charges in any | of the other ¢ If you think the evidence does not ware. n for treason, you must try bim upon ging him with advising aad conspiring with hongh that was the only count in the de- ddr, aud as though you had never heard of treagon And so on with reference to the marder and other ‘That is—once moro I will call your attention to the iple, gentlomen, that no one count is to be brought in told another, Ifyou think hols guilty uot uyon one count— if there is a reasonable doubt npon your minds—you mast, in fuldlment of the oath you took to try the case ouly upon {ter al! it is a more question of inferonce, But thoro is something more required in coming to a ver- fellow being. Tsay | jor will tell | | not controvert it, | by. evie © guilt or charged unt of Eastox, Pa., Nov. 2, 1859. Last week there appeared in the New York Tribune @ communication, signed “A Pennsylvania Republican,” purporting to give a sort of biography of ‘“Ossa- watomie Brown,” but in reality aminute account of his Kansas adventures, and an apparent attempt to give the cue to the republican party here to make the pro-slavery ’ men of Kansas and the border ruflians of Missouri re- sponsible for his late exploits dt Harper's Ferry. In this communication “Old Brown’ is extolled for his bravery, and a ort of guerilla strategy which the writer seems to think he displayed in Kansas, He is represented us having great faith in Divine protection, and an instance is mentioned in which, upon some occasion when Brown Was told that if he was not careful the pro slavery mon would take his scalp, the old man replied that the ange! of | the Lord watched over him, &e. ‘This communication was evidently written by one who knows more of Brown’s persouaihistory and marauding operations than ordinary “Pennsylvania republicans,” and one, too, who preferred that the public should have very little “clue to its author, for it, was without date or location, But in this litte town its verbosity and peculiar expressions soen found for it an author with as much certainty as if the name