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]

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.

At 2 o'clock the preliminary court of examination reported its findings, and the presiding judge, Hon. Richard Parker, of the circuit court, at once submitted the case to the grand jury in an able and dispassionate address. At noon the next day, the 26th, a true bill was returned against each of the prisoners on the following counts: For "Treason to the commonwealth"; for "conspiring with slaves to commit treason"; and for "murder." After the noon hour the defendants were brought into court to plead to the indictments. Brown, refusing to appear voluntarily, was carried into the court room on a cot. He then made a plea for delay.

Mr. Hunter objected to consideration of Brown's plea until after the arraignment had been made. The Court held that the indictment should first be read, so that the prisoners could plead guilty or not guilty; after that he would consider Brown's request. Each prisoner pleaded not guilty and having demanded separate trials, the State chose to try Brown first.

The Court did not take the question of Brown's guilt or innocence seriously. The trial was simply to be a dignified conformance with the laws of the Commonwealth relating to the subject. Except as to respect for this formality, it was not considered important whether Brown had any counsel at all. On the 22d of October, Mr. Hunter, in a letter to Governor Wise said:

The Judge is for observing all the judicial decencies; so
am I, but in double quick time.... Stephens will hardly be
fit for trial. He will probably die of his wounds if we
don't hang him promptly.[450]

Immediately upon the announcement by the Court that Brown should have a fair trial, arrangements were made to provide friendly counsel for his defense. First, Mr. J. W. Le Barnes, of Boston, at his personal expense, employed Mr. George H. Hoyt, a young lawyer of Athol, Massachusetts, to go to Charlestown and represent Brown in the dual capacity of counsel and spy. His instructions were, "first, to watch and be able to report proceedings, to see and talk with Brown, and be able to communicate with his friends anything Brown might want to say; and second, to send me (Le Barnes) an accurate and detailed account of the military situation at Charlestown, the number and the distribution of the troops, the location and defences of the jail; the opportunities for a sudden attack and the means of retreat, with the location and situation of the room in which Brown is confined," etc.[451]

Hoyt arrived at Charlestown on Thursday night, and on Friday morning, October 28th, reported to the Court and asked to be made additional counsel. His youth and his evident inefficiency, aroused a suspicion, on the part of Mr. Hunter, that he came as a spy rather than as counsel.[452] He accordingly asked that Hoyt be excluded from participating in the trial. In this he was overruled. The same day he reported to Governor Wise that a "beardless boy came in last night as Brown's counsel." And that he thought "he is a spy."[453] October 21st, Brown wrote letters, similar in character, to Judge Daniel Tilden, of Cleveland, Ohio, and to Hon. Thomas Russell, of Boston, asking them to appear for him as counsel, saying:

"I am here a prisoner, with several sabre-cuts on my head and bayonet stabs in my body."[454] In response to his request, Judge Tilden secured the services of Mr. Hiram Griswold, of Cleveland, to appear in his stead. The latter arrived at Charlestown, Saturday morning, October 29th. At the same time Mr. Samuel Chilton, of Washington, D. C., also arrived, and upon reporting to the Court, these two distinguished lawyers were assigned as counsel to Brown's staff. Mr. Chilton came upon the solicitation of Mr. John A. Andrew, of Boston.[455] Judge Russell did not arrive until November 2d.

On Thursday morning, October 27th, the trial was begun with a surprise for the prosecution--Mr. Botts reading a telegram, which stated that insanity was hereditary in Brown's family; that his mother's sister had died while insane, and that a daughter of that sister had been two years in a lunatic asylum, and citing other instances of insanity in the family.[456]

Mr. Botts then stated, "That upon receiving the above dispatch he went to the jail, with his associate, Mr. Green, and read it to Brown, and was desired by him to say that in his father's family there has never been any insanity at all. On his mother's side there have been repeated instances of it.... Brown also desires his counsel to say that he does not put in a plea of insanity."[457]

His counsel again moved for a continuance, and, doubtless, pleaded the insanity phase of the question in support of the motion. Upon the conclusion of Mr. Botts's remarks, Brown raised up on his couch and said:

I will add, if the court will allow me, that I look upon it
as a miserable artifice and pretext of those who ought to
take a different course in regard to me, if they took any
at all, and I view it with contempt more than otherwise.
Insane persons, so far as my experience goes, have but
little ability to judge of their own sanity; and if I am
insane, of course I should think I knew more than all the
rest of the world. But I do not think so. I am perfectly
unconscious of insanity, and I reject, so far as I am
capable, any attempts to interfere in my behalf on that
score.[458]

Mr. Griswold, however, after coming into the case, revived the question of Brown's sanity, and on November 7th, enclosed to the Governor a petition and an affidavit affirming the claim that Brown was insane.[459] Replying to this letter, Mr. Villard states that the Governor replied that "a plea of insanity could be filed at any time before conviction or sentence, and wrote an admirable letter to Dr. Stribbling, superintendent of the lunatic asylum at Staunton, Virginia, ordering him to proceed to Charlestown and examine the prisoner, saying: 'If the prisoner is insane he ought to be cured; and if not insane the fact ought to be vouched for in the most reliable form, now that it is questioned under oath and by counsel since conviction.' Unfortunately, the impetuous Governor countermanded these instructions and the letter was never sent."

Later, acting upon the advice of Mr. Montgomery Blair, the defence secured nineteen affidavits made by friends living at Akron, Cleveland, and Hudson, Ohio, in support of the plea. These affidavits were delivered to Governor Wise by Mr. Hoyt, on the 23d day of November. Mr. Villard states that "these people in their efforts to save Brown laid bare some sad family secrets." However, upon this very important phase of Brown's condition Governor Wise had an opinion of his own. To the Virginia Legislature he said: "I know that he was sane, if quick and clear perception, if assumed rational premises and consecutive reasoning from them, if cautious tact in avoiding disclosures and in covering conclusions and inferences, if memory and conception and practical common sense, and if composure and self-possession are evidence of a sound state of mind. He was more sane than his prompters and promoters, and concealed well the secret which made him seem to do an act of mad impulse, by leaving him, without his backers, at Harper's Ferry."[460]

Brown's line of defense is set forth in a memorandum of suggestions which he personally prepared for the guidance of his counsel.[461] It reads as follows:

JOHN BROWN'S DIRECTIONS TO HIS COUNSEL

We gave to numerous prisoners perfect liberty. _Get all the
names._

We allowed numerous other prisoners to visit their
families, to quiet their fears. _Get all their names._

We allowed the conductor to pass his train over the bridge
with all his passengers, I myself crossing the bridge with
him, and assuring all the passengers of their perfect
safety. _Get that conductor's name, and the names of the
passengers, so far as may be._

We treated all our prisoners with the utmost kindness and
humanity. _Get all their names, so far as may be._

Our orders from the first and throughout, were, that no
unarmed person should be injured under any circumstances
whatever. Prove that by ALL the prisoners.

We committed no destruction or waste of property. _Prove
that._

The defense began Friday afternoon. Mr. Villard states that Messrs. Botts and Green, following John Brown's suggestion, "essayed to prove, the kindness with which Brown treated his prisoners," which drew from Mr. Hunter the "caustic and truthful comment that testimony as to Brown's forbearance in not shooting other citizens had no more to do with the case than had the dead languages."

Mr. Hunter's objections being overruled, a number of Brown's witnesses were examined to show that he had not only not killed his prisoners and everybody else who came within the range of his rifles, but that he had treated all courteously, notwithstanding the fact that his enemies had fired upon his flag of truce, and had killed one of his men, William Thompson, while he was a prisoner in their hands.

A scene was precipitated at the trial when the names of some of his witnesses were called and it was found that they were not present; Brown thereupon arose and, denouncing his counsel, demanded that the proceedings be deferred until the next morning. A _Herald_ correspondent stated:[462]

When Brown rose and denounced his counsel, declaring that
he had no confidence in them, the indignation of the
citizens scarcely knew bounds. He was stigmatized as an
ungrateful villain, and some declared he deserved hanging
for that act alone. His counsel, Messrs. Botts and Green,
had certainly performed the unpleasant task imposed upon
them by the Court in an able, faithful and conscientious
manner; and only the evening before Brown had told Mr.
Botts that he was doing even more for him than he had
promised.

Mr. Hoyt, of Brown's counsel, added to the interest of the scene by asking that the case be postponed. Anticipating that his colleagues would withdraw from the case as a result of Brown's speech, he said that he was utterly unable to go on with the case alone and that Judge Tilden, of Ohio, was coming to assist the defense, and would arrive during the night. Counsel Botts and Green, after asserting that they had done everything possible for their client, announced, that since the prisoner had no confidence in them they could no longer act in his behalf. Judge Parker thereupon released them, as counsel, and adjourned the trial until the next day at 10 o'clock.[463]

When court convened Saturday morning, Mr. Griswold and Mr. Chilton appeared for Brown, and asked for delay--a few hours only--in which to make some preparation for the defense, which was refused. "This term will end very soon," the Judge said, "and it is my duty to endeavor to get through with all the cases if possible, in justice to the prisoners and to the State."

With the examination of a few additional witnesses, the testimony for the defense closed and the battle of wits began with a motion by Mr. Chilton, that the State be compelled to elect one count in the indictment and abandon the others. That Brown was charged with treason, and with conspiracy and advising with slaves and others to rebel, and with murder in the first degree. He contended, and cited authorities to sustain his contention, that in a case of treason, different descriptions of treason could not be united in the same indictment; high treason could not be associated with other treason. If an inferior grade of the same character could not be included in separate counts, still less could offense of higher grade, etc., etc., etc. Mr. Harding, associate counsel for the prosecution, of course, could not see the force of the objection made by the learned counsel on the other side. The separate offenses charged were but different parts of the same transactions. "Murder arose out of the treason as the natural result of the bloody conspiracy." Mr. Hunter said the discretion of the Court on one count in the indictment is only exercised where great embarrassment would otherwise result to the prisoner. The Court held that the point might be taken advantage of to move an arrest of judgment; but since the jury had been charged, and had been sworn to try the prisoners on the indictment as drawn, the trial must go on.... The very fact that the defense can be charged in different counts, varying the language and circumstances, is based upon the idea that distinct offenses may be charged in the same indictment. The prisoners are to be tried on the various counts as if they were various circumstances, etc. Mr. Chilton then said he would reserve the motion as a basis for a motion in arrest of judgment.[464]

Mr. Griswold then stated that the prisoner desired that the case be argued, and that while he had not been present at the trial, counsel could obtain sufficient knowledge of the evidence by reading the notes; and since it was nearly dark, he supposed argument for the Commonwealth would engage the attention of the Court until the usual hour of adjournment; and asked that the Court adjourn after the opening argument by the prosecution. Mr. Hunter opposed opening the argument "unless the case was to be finished to-night," and protested against any further delay. The Court ordered the trial to proceed, but at the close of Mr. Hunter's speech, of forty minutes' duration, adjournment was had until Monday. Brown sought by all the means in his power on Saturday, to delay the trial, and when court convened after noon he sent word from the jail that he was sick; whereupon the jail physician. Dr. Mason, was summoned in the case. He reported that Brown was feigning illness. The Court then directed that he be brought into court on a cot. Mr. Hunter states that after the adjournment was procured, the "crafty old fiend was well enough to walk."

On Monday, at 1:30 P. M., the argument was completed. Mr. Chilton asked the Court to instruct the jury that if they believed the prisoner was not a citizen of Virginia, but of another State, they could not convict on a count of treason. The Court declined, saying the Constitution did not give rights and immunities alone, but also imposed responsibilities.

At 2:15 the jury returned their verdict of guilty. It was received in respectful silence; no demonstration of satisfaction or evidence of elation greeted the announcement. Of its reception by the people in waiting Mr. Villard says: "It is to the credit of the Charlestown crowd and of Virginia that not a single sound of elation or triumph assailed the dignity of the court, when the jury sealed Brown's doom. In solemn silence the crowd heard Mr. Chilton make his formal motion for an arrest of judgment, because of errors in the indictment and in the verdict, and it filed out equally silent when Judge Parker ordered the motion to stand over until the next day."

One person was dissatisfied with Brown's trial; not the prisoner--for he acknowledged the deep sense of his obligation, to both Court and counsel, for the treatment he had received--but Mr. James Redpath. He said:

I do not intend to pollute my pages with any sketch of the
lawyers' pleas. They were able, without doubt, and erudite,
and ingenious; but they were founded, nevertheless, on an
atrocious assumption. For they assumed that the statutes of
the State were just; and, therefore if the prisoner should
be proven guilty of offending against them, that it was
right that he should suffer the penalty they inflict. This
doctrine every Christian heart must scorn; John Brown, at
least, despised it; and so also, to be faithful to his
memory, and my own instincts, must I.[465]

On November 1st the Court heard Mr. Chilton's motion in arrest of judgment; reserving its decision upon it until the next day. During the afternoon of November 2d, Brown was brought into court for the final scene of the trial. After Mr. Chilton's motion had been overruled. Brown was ordered to rise, and when asked by the clerk if he had anything to say why sentence should not be pronounced upon him, he delivered the following address:[466]

I have, may it please the Court, a few words to say. In the
first place, I deny everything but what I have all along
admitted,--the design on my part to free the slaves. I
intended certainly to have made a clean thing of that
matter, as I did last winter, when I went into Missouri and
there took slaves without the snapping of a gun on either
side, moved them through the country, and finally left them
in Canada. I designed to have done the same thing again, on
a larger scale. That was all I intended. I never did intend
murder, or treason, or the destruction of property, or to
excite or incite slaves to rebellion, or to make
insurrection.

I have another objection: and that is, it is unjust that I
should suffer such a penalty. Had I interfered in the
manner which I admit, and which I admit has been fairly
proved (for I admire the truthfulness and candor of the
greater portion of the witnesses who have testified in this
case),--had I so interfered in behalf of the rich, the
powerful, the intelligent, the so-called great, or in
behalf of any of their friends,--either father, mother,
brother, sister, wife, or children, or any of that
class,--and suffered and sacrificed what I have in this
interference, it would have been all right; and every man
in this court would have deemed it an act worthy of reward
rather than punishment.

This court acknowledges, as I suppose, the validity of the
law of God. I see a book kissed here which I suppose to be
the Bible, or at least the New Testament. That teaches me
that all things whatsoever I would that men should do to
me, I should do even so to them. It teaches me, further, to
"remember them that are in bonds, as bound with them." I
endeavored to act up to that instruction. I say, I am yet
too young to understand that God is any respecter of
persons. I believe that to have interfered as I have
done--as I have always freely admitted I have done--in
behalf of His despised poor, was not wrong, but right. Now,
if it is deemed necessary that I should forfeit my life for
the furtherance of the ends of justice, and mingle my blood
further with the blood of my children and with the blood of
millions in this slave country whose rights are disregarded
by wicked, cruel, and unjust enactments,--I submit; so let
it be done!

Let me say one word further.

I feel entirely satisfied with the treatment I have
received on my trial. Considering all the circumstances, it
has been more generous that I expected. But I feel no
consciousness of guilt. I have stated from the first what
was my intention, and what was not. I never had any design
against the life of any person, nor any disposition to
commit treason, or excite slaves to rebel, or make any
general insurrection. I never encouraged any man to do so,
but always discouraged any idea of that kind.

Let me say, also, a word in regard to the statements made
by some of those connected with me. I hear it has been
stated by some of them that I have induced them to join me.
But the contrary is true. I do not say this to injure them,
but as regretting their weakness. There is not one of them
but joined me of his own accord, and the greater part of
them at their own expense. A number of them I never saw,
and never had a word of conversation with, till the day
they came to me; and that was for the purpose I have
stated.

Now I have done.

Judge Parker then pronounced the sentence of death upon Brown, fixing the 2d of December, 1859, as the date for the execution of it, and directing that the execution should be public. He then ordered all persons present to remain in their seats until the prisoner was removed. "There was prompt obedience and John Brown reached his cell unharmed, without even hearing a taunt."[467]

There is conflict between the "authorities" as to the manner in which Brown delivered his speech to the Court. In describing the scene, Mr. Villard gave rein to his bias in this choice flight:

Drawing himself up to his full stature, with flashing eagle
eyes and calm, clear and distinct tones, John Brown again
addressed, not the men who surrounded him but the whole
body of his countrymen, North, South, East and West.[468]

Mr. Redpath, who has not, in this history, overlooked any favorable opportunity to indulge his _penchant_, is not a bit dramatic in his statement of what occurred. He says that when the clerk directed Brown to stand and say why sentence should not be passed upon him, that "he rose and leaned slightly forward, his hands resting on the table. He spoke timidly--hesitatingly, indeed--and in a voice singularly gentle and mild. But his sentences came confused from his mouth, and he seemed to be wholly unprepared to speak at this time. Types can give no intimation of the soft and tender tones, yet calm and manly withal, that filled the Court room, and, I think touched the hearts of many who had come only to rejoice at the heaviest blow their victim was to suffer."[469]

It appears then, that Mr. Villard has framed and given out an exaggeration of the performance; but it is unfortunate that the subject-matter of the speech, fails to measure up to the height of the exalted standard which has been set for the occasion. When one to whom a prodigal biographer has attributed a pair of flashing eagle eyes, drawls himself up to his full stature, and addresses the whole body of his countrymen, he ought to be truthful as well as dramatic. It is bad form for an orator under such circumstances, to make statements which are not true; it mars the dignity of his utterances, and dwarfs the stateliness of his eloquence. Also, it is embarrassing for a hero to be compelled to retract his more heroic periods, as in this case, after they have "thrilled the world."

On the 18th of October, Brown, in answer to a question, had distinctly stated to Governor Wise and others, that it was not his purpose to run the slaves out of the country; but that he "designed to put arms in their hands to defend themselves against their masters, and to maintain their position in Virginia and in the South. That, in the first instance, he expected they and the non-slave-holding whites would flock to his standard as soon as he got a footing there, at Harper's Ferry; and, as his strength increased, he would gradually enlarge the area under his control, furnishing a refuge for the slaves, and a rendezvous for all whites who were disposed to aid him, until eventually he overrun the whole South...."[470]

Later, when Governor Wise called Brown's attention to the discrepancy between these statements and the statement which he had made in the opening paragraph of his speech to the Court on November 2d, he retracted what he had said to the Court, and wrote the following letter, to Mr. Hunter, explaining the dereliction:[471]

Charlestown, Jefferson County, Va.
November 22, 1859.

DEAR SIR: I have just had my attention called to a seeming
confliction between the statement I made to Governor Wise
and that which I made at the time I received my sentence,
regarding my intentions respecting the slaves we took
_about the Ferry_. There need be no such confliction, and a
few words of explanation will, I think, be quite
sufficient. I had given Governor Wise a _full and
particular_ account of that, and when called in court to
say whether I had anything further to urge, I was taken
wholly by surprise, as I did not expect my sentence before
the others. In the hurry of the moment, I forgot much that
I had before _intended to say_, and did _not_ consider the
full bearing of what _I then said_. I intended to convey
the idea, that it was my object to place the slaves in a
condition to defend their liberties, if they would,
_without any bloodshed, but not_ that I intended _to run
them out of the slave States_. I was not _aware_ of any
such apparent confliction until my attention _was called_
to it, and I do not suppose that a man in _my then
circumstances_ should be _superhuman_ in respect to the
_exact purport_ of every word he might utter. What I said
to Governor Wise was spoken with all the deliberation I was
master of, _and was intended for the truth_; and what I
said in court was _equally intended for truth_, but
required a more full explanation _than I then gave_. Please
make such use of this as you think calculated to correct
any _wrong_ impressions I may have given.

Very respectfully yours,
JOHN BROWN.

_Andrew Hunter, Esq., Present._

Mr. Emerson, in his oration at the funeral services of Abraham Lincoln, held at Concord, April 19th, 1865, saw fit to compare Brown's discredited speech with the greatest orations of time. He said:

His speech at Gettysburg will not easily be surpassed by
words on any recorded occasion. This and one other American
speech, that of John Brown to the court that tried him, and
a part of Kossuth's speech at Birmingham, can only be
compared with each other, and with no fourth.[472]

But is this comparison really relevant? Will the historian accept Mr. Emerson's comparison of this exhibit of Brown's prevarication, with the immortal words of the immortal Lincoln? The speeches are characteristic of the men who uttered them. Mr. Lincoln did not begin his sublime oration with a falsehood. Brown made a speech October 25th, which was truly an heroic utterance and deserving of a place in history.[473] His words on that occasion, were hurled at his enemies, the "Virginians" whom he addressed. That speech was as characteristic of his splendid courage, as his speech of November 2d, was of his craftiness, for John Brown was as brave as he was crafty.

In a letter to Governor Wise, Mr. Fernando Wood commended him for the firmness and moderation which had characterized the Governor's course in the emergency, and asked, if he dared to "do a bold thing and temper justice with mercy? Have you nerve enough to send Brown to State's Prison instead of hanging him?" He thought Brown should not be hung, "though Seward should, and would be if he could catch him." The Governor replied that he had nerve enough to send him to prison and would do so if he didn't think he ought to be hung and that he would be inexcusable for mitigating his punishment. "I could do it," he said, "without flinching, without a quiver of a muscle against a universal clamor for his life." Continuing he said: "He shall be executed as the law sentences him, and his body shall be delivered over to surgeons, and await the resurrection without a grave in our soil. I have shown him all the mercy which humanity can claim."[474]

Immediately after Brown's incarceration, a movement was started by Mr. Higginson to have Mrs. Brown go to Harper's Ferry to visit her husband. But when the information reached Brown, he peremptorily forbade her coming; wiring Mr. Higginson: "For God's sake don't let Mrs. Brown come. Send her word by telegraph wherever she is."[475]

This arbitrary action should not excite surprise. There was no atonement that Brown could make for the ruin which he had wrought: for the dead who would never return. There were no words that he could say which would carry consolation to this woman's stricken heart, nor was it possible for him to make any rift in the clouds of her unutterable woe. He shrank, instinctively, from a presence of the bleeding heart of the woman whom he had wronged. November 9th, he wrote to Mr. Higginson:

If my wife were to come here just now it would _only tend_
to distract _her mind_ TEN FOLD; and would only add to my
affliction; and _can not possibly_ do me _any good_. It
will also use up the scanty means she has to supply Bread &
cheap but comfortable clothing, fuel, &c. for herself &
children through _the winter_. DO PERSUADE her to remain
_at home_ for a time (at least) till she can learn further
from me. She will receive a thousand times the consolation
AT HOME that she can possibly find elsewhere. I have just
_written_ her there & will write her CONSTANTLY. Her
presence _here_ would deepen my affliction a thousand fold.
I beg of her to be _calm_ and _submissive_; & not to go
_wild_ on my account. I lack _for nothing_ & was feeling
quite cheerful before I heard she talked of _coming on_--I
ask her to _compose her mind_ & to remain _quiet_ till the
last of _this month_; out of pity to me. I can certainly
judge better in the matter than _any one_ ELSE. My warmest
thanks to yourself and _all other_ kind friends.

_God bless you all._ Please _send this line_ to _my
afflicted wife_ by first possible conveyance.[476]

In a letter addressed to his wife and children, dated November 8th, he said:[477]

... I wrote most earnestly to my dear and afflicted wife
not to come on for the present, at any rate. I will now
give her my reasons for doing so. First, it would use up
all scanty means she has, or is at all likely to have, to
make herself and children comfortable hereafter. For let me
tell you that the sympathy that is now aroused in your
behalf may not always follow you. There is but little more
of the romantic about helping poor widows and their
children than there is about trying to relieve poor
"niggers." Again, the little comfort it might afford us to
meet again would be dearly bought by the pains of a final
separation. We must part; and I feel assured for us to meet
under such dreadful circumstances would only add to our
distress. If she comes on here, she must be only a
gazing-stock throughout the whole journey, to be remarked
upon in every look, word, and action, and by all sorts of
creatures, and by all sorts of papers, throughout the whole
country. Again, it is my most decided judgment that in
quietly and submissively staying at home vastly more of
generous sympathy will reach her, without such dreadful
sacrifice of feeling as she must put up with if she comes
on. The visits of one or two female friends that have come
on here have produced great excitement, which is very
annoying; and they cannot possibly do me any good. Oh,
Mary! do not come, but patiently wait for the meeting of
those who love God and their fellow-men, where no
separation must follow. "They shall go no more out
forever." I greatly long to hear from some one of you, and
to learn anything that in any way affects your welfare. I
sent you ten dollars the other day; did you get it? I have
also endeavored to stir up Christian friends to visit and
write to you in your deep affliction. I have no doubt that
some of them, at least, will heed the call. Write to me,
care of Captain John Avis, Charlestown, Jefferson County,
Virginia....

The thirty days ensuing November 2d, were days of great anxiety for the Virginia authorities. It was natural that they should suspect that schemes would be formed to rescue Brown from his impending fate. In this they were not mistaken. In fact the planning to effect his rescue was begun as soon as it became known that he was not seriously wounded; and it is probable that something in this direction might have been attempted, if the schemers had received any encouragement from the prisoner. But to the man who had planned and dreamed of conquest, as Brown had planned, and dreamed, their scheming was the merest of trifling; they had no conception of daring and striving, as he had dared and striven. As to heroics, he was blasé. In the collapse of his great undertaking he had had a surfeit of tragedies and disappointments. The heart of the man of iron was subdued. And there can be no doubt that, at this supreme hour in his life, the world looked small to John Brown. He had toyed with it as with a bauble, and was ready to throw it away. Besides, he had too often measured situations, and calculated the chances for success against formidable odds, to waste any time with adventures such as, in his opinion, his rescuers were capable of executing. Hence, when Mr. Hoyt informed Brown, October 28th, that a plan was being formed to storm the jail and set the prisoners free, he promptly refused to encourage the attempt. Conveying Brown's reply to Mr. Le Barnes, October 30th, Mr. Hoyt wrote:

_There is no chance of_ his (Brown's) ultimate escape:
there is nothing but the most unmitigated failure, and the
saddest consequences which it is possible to conjure, to
ensue upon an attempt at _rescue_. The country all around
is guarded by armed patrols and a large body of troops are
constantly under arms. If you hear anything about such an
attempt, for Heaven's sake do not _fail to restrain the
enterprise_.

The planning for his rescue, however, did not cease because Brown disapproved of any attempt being made to execute such plans. Mr. Villard, on pages 511 to 528, gives a full and very interesting account of various schemes that were proposed to accomplish something, by force, in Brown's behalf; as well as of the precautionary measures that were taken by the Virginians to prevent the possibility of a rescue.

Mr. Stearns, thinking that Charles Jennison was a co-philanthropist, sought to enlist him and James Stewart in one of these schemes. Naturally he received no reply. The plan for another Kansas rescue measure was to be communicated to Brown by a young Kansas woman--Miss Mary Partridge. She was to visit Brown in his cell at Charlestown; embrace him affectionately and, incidentally, put a paper containing the plan of the rescue into his mouth.[478]

Mr. Lysander Spooner, of Boston, proposed to kidnap Governor Wise, carry him out to sea on a fast-going boat, and hold him as a hostage for Brown. Mr. Le Barnes worked out the scheme. He found the man who would undertake to execute the job; and a boat that would steam fifteen to eighteen knots an hour could be had for $5,000 to $7,000. The expedition would cost $10,000 to $15,000. But the necessary funds were not forthcoming and the scheme failed. Another plan was for an open invasion of Jefferson County, Virginia. The volunteer forces that were coming from Kansas under Colonel Hinton, as reported by rumor, were to be consolidated with smaller forces that were being organized in Ohio, under John Brown, Jr., and to these were to be added the "volunteers from New York City and Boston." They were all to unite near Charlestown; "make a cross country rush on that town and, after freeing the prisoners, they were to seize the horses of the cavalry companies and escape." "Dr. Howe," it is said, "suggested that they be armed with 'Orisini' bombs and hand-grenades, in lieu of artillery." Money was wanted for this campaign, "fifteen hundred or two thousand dollars by Tuesday morning the 29th, and five hundred or a thousand dollars the day after." Mr. Le Barnes, Mr. James Redpath, and Mr. Sanborn seem to have been at the front, in the promotion of these visionary schemes. Mr. Hoyt, in the meantime, returned from a fruitless mission to Ohio, to raise funds, and reported that no money could be had in that quarter. Upon receiving this report Mr. Sanborn "gave up the undertaking and wired Le Barnes to return."

October 31st, Brown wrote the following letter to his family:[479]

MY DEAR WIFE, & CHILDREN EVERY ONE

I suppose you have learned before this by the newspapers
that Two weeks ago today we were fighting for our lives at
Harpers ferry: that during the fight Watson was mortally
wounded; Oliver killed, Wm. Thompson killed, & Dauphin
slightly wounded. That on the following day I was taken
prisoner immediately after which I received several
Sabre-cuts in my head; & Bayonet stabs in my body. As
nearly as I can learn Watson died of his wound on Wednesday
the 2d or on Thursday the 3d day after I was taken.

Dauphin was killed when I was taken; & Anderson I suppose
also. I have since been tried, & found guilty of Treason,
etc; and of murder in the first degree. I have not yet
received my sentence. No others of the company with whom
you were acquainted were, so far as _I can learn_, either
killed or taken. Under all these terrible calamities; I
feel quite cheerful in the assurance that God reigns; &
will overrule all for his glory; & the best possible good.
I feel _no_ consciousness of _guilt_ in the matter; nor
even mortification on account of my imprisonment; & irons;
& I feel perfectly sure that very soon no member of my
family will feel any possible disposition to "blush on my
account." Already dear friends at a distance with kindest
sympathy are cheering me with the assurance that
_posterity_ at least will do me justice. I shall commend
you all together, with my beloved; but bereaved daughters
in law, to their sympathies which I do not doubt will reach
you.

I also commend you all to Him "whose mercy endureth
forever:" to the God of my _fathers_ "whose I am; & whom I
serve." "He will never leave you nor forsake you," unless
you forsake Him. Finally my dearly beloved be of good
comfort. Be sure to remember & _to follow my advice_ & my
example too: so far as it has been consistent with the holy
religion of Jesus Christ in which I remain a most firm, &
humble believer. Never forget the poor nor think anything
you bestow on them to be lost, to you even though they may
be as _black_ as Ebedmelch the Ethiopean eunuch who cared
for Jeremiah in the pit of the dungeon; or as _black_ as
the one to whom Phillip preached Christ. Be sure to
entertain strangers, for thereby some have--"Remember them
that are in bonds as bound with them." I am in charge of a
jailor _like_ the one who took charge of "Paul & Silas"; &
you may rest assured that both _kind hearts & kind faces_
are more or less about me; whilst thousands are thirsting
for my blood. "These _light_ afflictions which are but _for
a moment_ shall work out for us a _far more exceeding &
eternal weight_ of Glory." I hope to be able to write you
again. My wounds are doing well. Copy this and send it to
your sorrow stricken brothers, Ruth; to comfort them. Write
me a few words in regard to the welfare of all. God
Allmighty bless you all; & "make you joyful in the midst of
all your tribulations." Write to John Brown Charlestown
Jefferson Co. Va, care of Capt John Avis.

Your affectionate Husband and Father,
JOHN BROWN.

P. S. Yesterday Nov 2d. I was sentenced to be hanged on
Decem 2d next. Do not grieve on my account. I am still
quite cheerful. God bless you all.

Yours ever J. BROWN.

This letter is written in the soft language and in the apparently consecrated spirit that is characteristic of Brown's domestic and social correspondence. But the beauty of his lines is marred, and the sincerity of his purpose in putting them forth, as well as his claims to a Christian character, are discredited by the falsehoods contained in the opening paragraph. Brown was not seriously hurt at Harper's Ferry. He received two wounds, a light dress-sword cut, on the neck and head, and a sword thrust in the body[480] and these he received, not after he had been taken prisoner, but while he was yet bravely fighting. Evidence of what he was doing, when he was struck down, appears in a letter which he wrote November 29th, to Mr. J. G. Anderson concerning one of his captains. He said:[481]

Jeremiah G. Anderson was fighting bravely by my side at
Harper's Ferry up to the moment when I fell wounded, and I
took no further notice of what passed for a little time....

Brown may have written "the truth concerning his own spirit and composure, in this his first letter from the jail to his family,"[482] but he did not write the truth concerning the character of his wounds, and the conditions under which he received them.

With the freedom of correspondence that was granted to him came Brown's great opportunity, and the masterful manner in which he quickly turned it to his advantage is one of the marvels of this history. Equipped with a vocabulary of devotional phrases and an ample magazine of biblical quotations, this caged soldier of fortune, the would-be Catiline of his generation, stormed the heights of public opinion; and disarming righteousness of its opposition to wrong, won a moral victory as marvelous as it was triumphant. These beautifully devotional letters, that stand as monuments, certifying to an humble Christian character, like flights in oratory, were written with regard for the effect which he desired to accomplish, but without regard for the truth of what he uttered.

The opinion that the letters, which crowned Brown's character with a dignity akin to sanctity, were artfully written, and were not characteristic of him, is not based merely upon a vulgar suspicion. It finds ample justification in the reckless disregard for the truth which prevails throughout the entire series; and in direct evidence. The invasion had failed. Wounded, and a prisoner in irons, with the gallows for his portion, Brown had the opportunity which solitude affords, to contemplate the terrible disaster which had befallen him: the wreck of his hopes; the ruin of his family; their utter wretchedness, and the shame and humiliation which they suffered because of him. In his extremity, he planned how best to meet the problems of his environment; and, substituting the mightier pen for the sword of the great Frederick, which had been stricken from his hand, he began a systematic campaign for a martyr's crown, and for pecuniary assistance for his family, whenever a favorable opportunity presented itself.

November 10th, he disclosed to his wife the plan of this, his final conception: "I have been whipped as the saying _is_," he said, "but I am sure I can recover all the lost capital occasioned by the disaster; by only hanging a few moments by the neck; & I feel determined to make the utmost possible out of a defeat. I am dayly & hourly striving to gather up what little I may from the wreck."[483]

In reply to a letter from a kinsman, the Rev. Dr. Humphrey of Pottsfield, Massachusetts, he wrote November 25th:[484]

I discover that you labor under a mistaken impression as to
some important facts which my peculiar circumstances will
in all probability prevent the possibility of my removing;
and I do not propose to take up any argument to prove that
any motion or act of my life is right. But I will here
state that I know it to be wholly my own fault as a leader
that caused our disaster....

If you do not believe I had a murderous intention (while I
_know_ I had not) why grieve so terribly on my account? The
scaffold has but few terrors for me. God has often covered
my head in the day of battle, and granted me many times
deliverances that were almost so miraculous that I can
scarce realize the truth; and now, when it seems quite
certain that he intends to use me shall I not most
cheerfully go? I may be deceived, but I humbly trust that
he will not forsake me "till I have showed his favor to
this generation and his strength to every one that is to
come...."

October 27th, a Quaker lady wrote to Brown from Newport, Rhode Island:[485]

CAPTAIN JOHN BROWN.

DEAR FRIEND:--Since thy arrest I have often thought of
thee, and have wished that, like Elizabeth Fry toward her
prison friends, so I might console thee in thy confinement.
But that can never be; and so I can only write thee a few
lines which, if they contain any comfort, may come to thee
like some little ray of light....

Oh, I wish I could plead for thee as some of the other sex
can plead, how I would seek to defend thee! If I now had
the eloquence of Portia, how I would turn the scale in thy
favor! But I can only pray "God bless thee!" God pardon
thee and through our Redeemer give thee safety and
happiness now and always!

From thy friend, E. B.

Posing as if in the shadow of the sheltering wings of the Almighty, answering this letter, Brown asserted that he had been the special instrument on earth of a militant Christ, to execute the divine will in Kansas; and incidentally solicited a contribution for his family. He said:[486]

... You know that Christ once armed Peter. So also in my
case I think he put a sword into my hand and there
continued it so long as he saw best, and then kindly took
it from me. I mean when I first went to Kansas. I wish you
could know with what cheerfulness I am 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
strongholds." I always loved my Quaker friends and I
commend to their regard my poor bereaved widowed wife and
my daughters and daughters-in-law, whose husbands fell at
my side. One is a mother and the other likely to become so
soon. They, as well as my own sorrow stricken daughters,
are left very poor, and have much greater need of sympathy
than I, who through Infinite Grace, and the great kindness
of strangers, am "joyful in all my tribulations."

Dear Sister, write to them at North Elba, Essex County, N.
Y., to comfort their sad hearts. Direct to Mary A. Brown,
wife of John Brown....

It may be said of this unsophisticated woman, whose heart was touched by a sympathy undeserved, that if she had known what took place at the humble cabin of the Doyles on the night of May 24, 1856, when the murderous sword, which Brown says Christ placed in his hands, was run through Doyle's breast, (while others of the party secured the helpless widow's and orphans' horses) she would not have made her contribution to this history. Also, Brown's letter to this woman may be taken as an exhibit or sample of the sacrilege and artful dissimulation that is characteristic of his prison correspondence. And, since his claims to sincerity of purpose, and a devotion to humanity depend largely upon this correspondence, it discloses the fiction, wherewith his fame has been promoted. November 29th he wrote to his friend, Mrs. George L. Stearns:[487]

MY DEAR FRIEND,--No letter I have received since my
imprisonment here, has given me more satisfaction, or
comfort, than yours of the 8, instant. I am quite cheerful;
& was never more happy. Have only time to write a word. May
God forever reward you _& all yours_. _My love to All_ who
love their neighbors. I have asked to be _spared_ from
having any _mock; or hypocritical prayers made over me_,
when I am publicly _murdered_: & that my _only religious
attendants_ be poor _little, dirty, ragged, bareheaded &
barefooted_ Slave Boys; & Girls led by some old
_gray-headed_ Slave _Mother_. Farewell. Farewell.

The last paper written by John Brown was handed to one of his guards in the jail on the morning of his execution. It read:[488]

I John Brown, am now quite _certain_ that the crimes of
this _guilty land_ will never be purged away but with
_blood_. I had as I now think, vainly flattered myself that
without very much bloodshed it might be done.

November 24th Governor Wise wrote to General Taliaferro, giving him directions as follows:

Keep full guard on the line of the frontier from
Martinsburg to Harpers Ferry, on the day of 2d. Dec. Warn
the inhabitants to arm and keep guard and patrol on that
day and for days beforehand. These orders are necessary to
prevent seizures of hostages. Warn the inhabitants to stay
away and especially to keep the women and children at home.
Prevent all strangers, and especially all parties of
strangers, from proceeding to Charlestown on 2d of Dec. To
this end station a guard at Harper's Ferry sufficient to
control crowds on the cars from the East and West. Form two
concentric squares around the gallows, and have a strong
guard at the jail and for escort to execution. Let no crowd
be near enough to the prisoner to hear any speech he may
attempt. Allow no more visitors to be admitted to the
jail.[489]

Appealing to the President for troops Governor Wise stated that he had reason to believe that an attempt would "be made to rescue the prisoners, and if that fails then to seize citizens of this State as hostages and victims in case of execution."[490]

In addition to the Virginia militia assembled at Charlestown December 2d, were a detachment, 264 men, from the Artillery Corps, United States army, and the corps of cadets from the Virginia Military Institute at Lexington. These organizations were commanded, respectively, by two men who were soon to win great renown; whose names were to become famous in the world's history for deeds of military glory: Colonel Robert E. Lee and Prof. Thomas J. Jackson.

From the home of Mr. J. M. McKim, in Philadelphia, November 21st, Mrs. Brown addressed a letter to the Governor asking for the "mortal remains of my husband and his sons" for burial, to which he replied as follows:[491]

I am happy, Madam, that you seem to have the wisdom and
virtue to appreciate my position of duty. Would to God that
"public considerations could avert his doom," for The
Omniscient knows that I take not the slightest pleasure in
the execution of any whom the laws condemn. May He have
mercy on the erring and the afflicted.

Enclosed is an order to Major Genl. Wm. B. Taliaferro, in
command at Charlestown, Va. to deliver to your order, the
mortal remains of your husband "when all shall be over"; to
be delivered to your agent at Harper's Ferry; and if you
attend the reception in person, to guard you sacredly in
your solemn mission.

With Tenderness and Truth, I am
Very respectfully, your humble servant,
HENRY A. WISE.

Under the authority of this letter, Mrs. Brown, in company with Mrs. McKim and Mr. Hector Tyndale, arrived at Harper's Ferry, November 30th. There she received a telegram from the Governor giving her permission to visit her husband, alone, on the following day, stipulating that she return to Harper's Ferry the same evening. She was, accordingly, driven to Charlestown the next afternoon in care of an escort--a sergeant and eight men--of the Fauquier Cavalry, a captain of infantry occupying a seat beside her. When the time came for her to return. Brown begged that her visit might be extended until morning, but, under his orders, the general in command could not grant this request. The hour for the final parting had come; the heart-broken woman, with her grief, returned to Harper's Ferry to await the tragedy of the tomorrow.

December 2d, about an hour before his execution. Brown disposed of the wreckage of his campaign supplies in a "will and codicil" which were written for him by Mr. Hunter.[492] It provided that all his property, being personal property, "which is scattered about in the States of Virginia and Maryland," should be carefully gathered up by his executor and "disposed of to the best advantage and the proceeds thereof paid over to his beloved wife, Mary A. Brown." He trusted that his right to such articles as were not of a "war-like character" and all other property that he might be entitled to might be respected. He appointed Sheriff James W. Campbell, "Executor of this my true last Will, hereby revoking all others." The document was sealed, and witnessed by John Avis, the jailer, and Andrew Hunter.

At 10:30 Brown was notified by the sheriff to prepare for the execution. He then visited his late companions in arms. To all, except Hazlett and Cook, he gave such adieux as he could, in view of the painful circumstances into which he had led them. Hazlett he had refused to recognize when he was first brought before him in the prison, and continued to the end to deny that he had been a member of his band. As to Cook, the relations between them were not cordial. He had stated in his "confession" that Brown had sent him to Harper's Ferry in June, 1858. This Brown denied; and charged Cook with having made false statements, saying, "you know I protested against your coming." To which Cook replied: "Captain Brown, you and I remember differently." Cook may have asked for the Harper's Ferry detail, but Brown must have consented to the arrangement, for he furnished the money to defray the expenses of his going thereto. Cook secured valuable information there, which he reported to Brown, including, among other things, a census of the slave population of that vicinity.[493]

The spectacle which met Brown's gaze as he stepped upon the porch from the door of the jail on his way to the scaffold, could not otherwise than recall to his mind the dreams of conquest and of military glory which he had cherished. Three thousand men--infantry, cavalry, and artillery--were under arms. In admiration of the display--for the "street was full of marching men," he said: "I had no idea that Governor Wise considered my execution so important,"[494] and for that reason, Mr. Villard says, "no little slave-child was held up for the benison of his lips, for none but soldiery was near."

The undertaker's wagon, a two seated vehicle, drawn by two white horses, stood near, the driver and undertaker occupying the front seat. Brown took his place in the second seat between the sheriff--Campbell--and his jailer, Avis. The party then moved to the place of execution. The escort, under the command of Colonel T. P. August, consisted of a company of cavalry under Captain Scott, and a battalion of infantry under Major Loring. On the way to the field, Brown spoke only of unimportant things, the weather and the scenery. "This is a beautiful country," he is reported to have said, "I never had the pleasure of seeing it before." It was a solemn procession, and was void of any effects in heroic phraseology.

The time was ripe for the final metamorphosis of John Brown. A blow of a hatchet cut the cord that linked him to earthly things: The Soldier of Fortune became the historical Soldier of the Cross.