ADDRESSES OP HON. DANIEL W.'YOOMEES, OF INDIANA; COMPRISING HIS ARGUMENT DELIVERED AT CHARLESTOWN, VA., NOV. 8,1856, UPON THE TRIAL OF JOHN E. COOK, FOR TREASON AND MURDER; ALSO, AN ADDRESS DELIVERED BEFORE THE LITERARY SOCIETIES OF THE UNIVERSITY OF VIRGINIA, JULY 4, 1860. RICHMOND, YA.: PUBLISHED BY WEST & JOHNSTON. 1861. ARGUMENT. With the Permission of the Court— Gentlemen of the Jury: The place I occupy in standing before you at this time is one clothed with a responsibility as weighty and as delicate as was ever assigned to an advocate in behalf'of an unfortunate fellow-man. No language that I can employ could give any additional force to the circum- stances by which I am surrounded, and which press so heavi- ly on the public mind as well as 011 my own. I come, too, as a stranger to each one of you. Your faces I know only by the common image we bear to our Maker; but,. in your exalted character of citizens of the ancient and proud Com- monwealth of Virginia, and of the American Union, I bear to you a passport of friendship and a letter of introduction. I come from the sunset-side of your Western mountains— from beyond the rivers that now skirt the borders of your great State; but I come not as an alien to a foreign land, but rather as one who returns to the home of his ancestors, and to the household from which he sprang. I come here not as an enemy, but as a friend; with interests common with yourselves, hoping for your hopes, and praying that the prosperity and glory of Virginia may be perpetual. Nor do I forget that the very soil on which I live in my Western home was once owned by this venerable Commonwealth as much as the soil on which I now stand. Her laws there once prevailed, and all her institutions were there establish- ed as they are here. Not only my own State of Indiana, but also four other great States in the Northwest, stand as en- during and lofty monuments of Virginia's magnanimity and princely liberality. Her donation to the general Government made them sovereign States ; and since God gave the fruitful land of Canaan to Moses and Israel, such a gift of present and future empire has never been made to any people. Coming from the bosom of one of these States, can I forget the fealty and duty which I owe to. the supremacy of your 4 laws, the sacredness of your citizenship, or the sovereignty of your State ? Rather may the child forget its parent and smite with unnatural hand the author of its being ! The' mission on which I have visited your State is to me, and to those who are with me, one full of the bitterness and poison of calamity and grief. The high, the sacred, the holy duty of private friendship for a family fondly beloved by all who have ever witnessed their, illustrations of the purest social virtues, commands, and alone commands my presence here. And, while they are overwhelmed by the terrible blow which has fallen upon them through the action of the mis- guided young man at the bar, yet I speak their, sentiments as well' as my own when I say that one gratification, pure and unalloyed, has been afforded us since our melancholy ar- rival in your midst. It has been to witness the progress of this Court from day to day, surrounded by all that is calcu- lated to bias the minds of men, but pursuing with calmness, with dignity, and impartiality, the true course of the law and the even pathway of justice. I would not be true to the dictates of my own heart and judgment, did I not bear vol- untary and emphatic witness to the wisdom and patient kind- ness of his Honor on the bench; the manly and generous spirit which has characterized the counsel for the prosecu- tion; the true, devoted, and highly professional manner of the local counsel here for the defence ; the scrupulous truth- fulness of the witnesses who have testified, and the decorum and justness of the juries who have acted their parts from the first hour of this Court to the present time—I speak in the hearing of the country. An important and memorable page in history is being written. Let it not be omitted that Virginia has thrown around a band of deluded men, who in- vaded her soil with treason and murder, all the safeguards of her Constitution and laws, and placed them in her Courts upon an equality with her own citizens. I know of what I speak, and my love of truth and sense of right forbid me to be silent on this point. Gentlemen, I am not here on behalf of this pale-faced, fair- haired wanderer from his home and the paths of duty, to talk to" you about legal technicalities of law born of laborious analysis by the light of the midnight lamp. I place him be- fore you on 110 such ground. He is in the hands of friends who abhor the conduct of which he has been guilty. But doe^ that fact debar him of human sympathy ? Does the simple act smite the erring brother with a leprosy which for- bids the touch of the hand of affection ? Is his voice of re- 5 pentaiice and appeal for forgiveness stifled in his month ? If so, the meek Saviour of the world would have recoiled with horror from Mary Magdalene, and spurned the repentant sorrow of Peter who betrayed him. For my client I avow every sympathy. Fallen and undone ; broken and ruined as he is by the fall, yet, from the depths of the fearful chasm in which he lies, I hear the common call which the wretched make for sympathy more clearly than if it issued from the loftiest pyramid of wealth and power. If He who made the earth and hung the sun and moon and stars on high to give it light, and created man a joint heir of eternal wealth, and put within him an immortal spark of celestial flame which surrounds His*throne, could remember mercy in executing justice when His whole plan of Divine government was as- sailed and deranged ; when His law was set at defiance and violated ; when the purity of Eden had been defiled by the presence and counsels of the serpent—why, so can I, and can you, when the wrong and the crime stand confessed, and every atonement is made to the majesty of the law which the prisoner has in his power to make. Let us come near to each other and have a proper under- standing. I am laboring with you for an object. I think I know something of the human heart and of the leading at- tributes by which it is governed throughout the world. By virtue of those attributes, I feel that we may annihilate the distance that separates our homes, sweep away all blinding excitement, and sit down together and reason upon this most tragic and melancholy affair as becomes citizens of the same government, proud of the same lineage, actuated by the same interests, and forever linked to the same destiny. You are not merely empanneled in your capacity as jurors to pass Upon the life of this erratic youth before you, but the nation cannot be divorced from a deep and permanent interest in your deliberations. The crime for Which the law claims his life as forfeit is one connected with a question of the weighti- est national import—a question which, without any fault of yours, has rudely strained and shaken the bonds which em- brace and hold together the States of this Union. This trial is incident to that question, and must be met in the face of the whole nation, and in the view of the entire American people, as a matter of universal interest and concern. The very nature of the offence now under discussion lifts us all to a point of observation on which statesmen and patriots have long bent their anxious looks. And the pressing, ever present and determined question of the hour which now sits 6 with you iti the jury-box, and will retire with you to your •deliberations on your Verdict, is, How shall you most fully -meet the requirements of the American people at large ; best •conduce to the peace and repose of the Union; allay the •rushing, winds that are abroad on the face of the great deep; say peace be still to the angry elements of passion and tre&> sonable agitation, and at the same time do all your duty as honest and conscientious men administering the laws of your State? If it shall be in my power, in some measure, to point out the course by which these great objects may be at-* tained, I shall mark this, otherwise sad day on which I ad- dress you, as the brightest to me in the calendar of time. And, further, if these objects are to be attained on your part by invoking into your midst, and following the winning counsels of the meek-eyed and gentle angel of mercy—if you can faithfully discharge your oaths as jurors, and, at the same time, best meet the obligations which rest upon you as American citizens by tempering the bitter cup which justice commends to the lips of the prisoner with the ingredient of clemency, I know you, by the universal law of the human, heart, will rejoice in such an opportunity, and join in the public and private happiness which will flow from your ver- diet. By the help of Hod, and appealing to Him for the pu- rity of the motives which animate my breast, I now proceed to demonstrate such a course as both just and wise in the case of John E. Oook. First of all things, gentlemen of the jury, is your duty to Virginia. Whatever she requires at your hands, that you are to give. Your first love belongs to her; she is the ma- tron who has nursed you, and the Queen Mother to whom you owe allegiance. As an advocate and defender at home of the doctrines of the State-rights men of the school of 1798, I do not come here to ask you to abate one jot or tittle of your affection and jealousy for the honor and interest of Virginia. Indeed, were sucli an invocation necessary, which I know it is not, I would invoke you by the great names of your history, by the memory of your ancient renown, by the thrilling associations of the classic soil on which we stand, and by the present commanding attitude which your Com-, monwealth holds before the world, to be true and loyal to what she has been, what she is, and what she hopes to be. But how stands Virginia in reference to the assault which was made upon her citizens and her soil at Harper's Ferry on the 17th day of October, 1859, and what vindication does she need at your hands for the outrage ? Are the circum- 7 stances such as to require of her the re-enactment of the Mosaic law, repealed by the benign teachings of the Naza- rene on the shores of Galilee ? Is she required to say in a Stern and inexorable spirit: " And if any mischief follow, then thou shalt give life for life. Eye for eye, tooth for tooth, hand for hand, foot for foot. Burning for burning, wound for wound, stripe for stripe ?' Not so. She asks nothing of the kind at your hands. Punishment has already been swift and sure. The measure of her vengeance for the great wrong committed against her is full, and her vindication is ample before the world. She met her invaders on the spot, and those who lifted their hands against her are, most of them, in the graves to which Virginians consigned tliem; a few bound in her prisons, and a few others wanderers and fugitives on the face of the earth. The Executive and citizens of your State guided the bolt which fell upon this mad offspring of a loathsome fanaticism, and the invasion perished at a single blow. And, in the spirit of the answer of Cuslii to King David, I would say to you: " The enemies of the State of Virginia, and all that rise against her to do her hurt, be as these men are." But as the great King of Israel rose up and went to his chamber, and wept over the untimely fall of Absalom, the rebellious son of his own loins, who had lifted his parricidal hand against the life of an indulgent father, may not the world commend a similar emotion in the breast of a jury of Vir- ginians over the sorrowful fate of the youthful prisoner at the bar! You will probably say that the lives of your citi- zens have been sacrificed. I answer that it is lamentably true ; but it is also true that life has been taken already to atone for life; that the blood of murderers, older and wiser than the prisoner, has been poured out in response to the cry of the blood of your citizens from the ground. You will say that the soil of your State has been polluted by the foot of the traitor. I answer that that footstep rested but as for a moment on your border, and was swept away by a whirl- wind of patriotic indignation. You will say that your law has been violated ; your dignity and honor as a free people insulted. I answer, that, alas! it,is too true ; but I answer, also, that it is equally true that your laws have been fully, thoroughly, and justly vindicated. Here in this < court, again and again, the sword of justice, wielded by an even hand, has fallen upon the miserable remnant of the confederated band who impiously mocked the integrity of the American Union by assailing the institutions of Yirginia. The leader stands 8 at the foot of the gallows, and On its height will OlpiatO many crimes against the peace and laws of this country—> not least amongst which is the crime of enlisting young men such as the prisoner, in a cruise of piracy against you and I, and all law-abiding citizens of this happy Union. Let the leader of the mutiny on ship-board perish, but if it appears that young men have followed false guidance, and been bound in tlie despotism of an iron will, oi'der them back to duty, and give them one more chance to show whether they are worthy of life or death. Virginia can thus afford to act. It is one of the chief blessings of power that it can extend mercy to the weak; and the crown jewel of courage is mag- nanimity to the fallen. But there is another point on which Virginia, though mourning* for the death of her citizens, has triumphantly met the aspersions and calumnies of the enemies of her domestic institutions by reason of the late outbreak at Harper's Ferry. The institution of domestic slavery to-day stands before the world more fully justified than ever before in the history of this or, indeed, perhaps, of any other country. The libera- tor, urged on by a false and spurious philanthropy, deceitful and sinister in its origin, and selfish and corrupt in its prac- tice, came into your midst to set the bondsman free, and though violence tore him from his master, though liberty was sounded in his ear, though a leader was proclaimed to lead him to the promised land, though an impiously self-styled Moses of deliverance came in the might of the sword and placed arms of bold attack and strong defence in his hands, yet what a spectacle do we behold ! The bondsman refused to be free ; drops the implements of war from his hands; is deaf to the call of freedom; turns against his liberators, and, by instinct, obeys the injunction of Paul by returning to his master ! Shall thife pass for nothing ? Shall no note be made of this piece of the logic of our Government ? Shall the voice of the African himself die unheard oli the question of his own freedonli ? No. It shall be perpetuated. It shall be put in the rec6r