December 8th, Governor Wise wrote to Mr. Hunter:
In reply to yours of the 15th, I say definitely that Stevens ought not to be handed over to the Federal authorities for trial.... I hope you informed the President of the status of his case before the court.[448]
The political necessity for trying Stevens in the Federal court, was obviated by Congress. December 14th, a select committee of the Senate was appointed to "inquire into the late invasion and seizure of public property at Harper's Ferry." It was clothed with authority to investigate the whole subject. The members were Mason, of Virginia, chairman; Davis, of Mississippi; Fitch, of Indiana; Doolittle, of Wisconsin; and Collamer, of Vermont; the majority being pro-slavery. The findings of the committee constitute the Mason Report, referred to in this book.
At the preliminary examination, the presiding justice of the peace, Mr. Braxton Davenport, appointed as counsel for Brown Mr. Charles J. Faulkner and Mr. Lawson Botts. Mr. Faulkner was present at Harper's Ferry during the trouble, and thought it would be improper for him to represent the prisoners as counsel. He was therefore excused, and Mr. Thomas G. Green was appointed in his stead. Mr. Villard states that in "Messrs. Green and Botts, John Brown had assigned to him far abler counsel than would have been given to an ordinary malefactor." Brown's reply to the Court when asked if he had counsel is deserving of a place in this history. It was worthy of a leader of a lost cause. Though feebly rising to his feet, he said with defiant spirit:[449]
Virginians: I did not ask for any quarter at the time I was taken. I did not ask to have my life spared. The Governor of the State of Virginia tendered me his assurance that I should have a fair trial, but under no circumstances whatever, will I be able to attend to my trial. If you seek my blood you can have it at any moment without this mockery of a trial.
I have had no counsel. I have not been able to advise with any one. I know nothing about the feelings of my fellow-prisoners, and am utterly unable to attend in any way to my own defense. My memory don't serve me, my health is insufficient; although improving.
If a fair trial is to be allowed us, there are mitigating circumstances, that I would urge in our favor. But, if we are to be forced with a mere form,—a trial for execution,—you might spare yourselves that trouble. I am ready for my fate. I do not ask a trial, I beg for no mockery of a trial—no insult—Nothing but that which conscience gives, or cowardice drives you to practice.
I ask again to be excused from a mockery of a trial. I do not know what the special design of this examination is. I do not know what the benefit of it is to this Commonwealth. I have now little further to ask, other than that I may be not foolishly insulted, only as cowardly barbarians insult those that fall into their power.
When the question relating to counsel was submitted to Stevens, he promptly accepted the gentlemen named and the examination was proceeded with.