... As a peace man—an "ultra" peace man—I am prepared to say: "Success to every slave insurrection at the South, and in every slave country." And I do not see how I compromise or stain my peace profession in making that declaration....[444]
[CHAPTER XVI]
A SOLDIER OF THE CROSS
No man can produce great things who is not thoroughly
sincere in dealing with himself.
—Lowell
The regular semi-annual term of the court of Jefferson County, Virginia, began October 20th. Brown was taken into custody on Tuesday, October 18th, and on Tuesday morning, October 25th, he was put on trial for his life. For this unseemly haste the Virginia authorities have been censured. The spectacle of an old man, physically incapacitated, and suffering because of recent wounds, being rushed to trial without reasonable time and opportunity to even secure friendly counsel, justified harsh criticism, and did not fail to win sympathy for Brown from right thinking men in all sections of the country. Also, that wrong had much to do with promoting his "martyrdom." It was, however, his right to the courtesies of judicial procedure, in such cases, rather than any of his legal rights, that was infringed. In his efforts to explain his purpose for being at Harper's Ferry he had not only, in effect, confessed his guilt of all the charges upon which he was being held for trial, but had sought to justify his conduct in relation to them. Mr. Greeley, in the Tribune of October 25th, wrote:[445]
As the Grand Jury of Jefferson County is already in session, the trial of Brown and his confederates may be expected to take place at once, unless delay should be granted to prepare for trial, or a change of venue to some less excited county should be asked for. Neither of these is probable. The prisoners in fact have no defense, and their case will be speedily disposed of.
The jurisdiction of the Federal courts in the premises, was not seriously considered. The State had never ceded to the United States its jurisdiction over the territory that Brown had taken possession of, in behalf of the Provisional Government, and from which he had directed his operations. The question was raised as an expedient, because the Federal court afforded better facilities for incriminating Brown's northern supporters, the men "higher up," than did the State courts. Later, it was agreed upon that Stevens should be surrendered to the United States for trial. Mr. Hunter, for the prosecution, announced the fact, in court, November 7th, saying, that they were now after "higher and wickeder game."[446] But when, on December 15th, the President inquired by wire whether Stevens had been so surrendered, the prosecution hesitated; Mr. Hunter replying:
Stevens has not been delivered to the authorities of the United States. Undetermined as yet whether he will be tried here.[447]