Why was John Brown's raid on Harper's Ferry treason?
score:3
Section three of article three of the US Constitution states:
Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court.
The Congress shall have Power to declare the Punishment of Treason, but no Attainder of Treason shall work Corruption of Blood, or Forfeiture except during the Life of the Person attainted.
https://en.wikipedia.org/wiki/Article_Three_of_the_United_States_Constitution1
John Brown was planning to overthrow the governments of the slave states or force them to abolish slavery.
Article four section four says:
The United States shall guarantee to every State in this Union a Republican Form of Government,
https://en.wikipedia.org/wiki/Article_Four_of_the_United_States_Constitution2
If John Brown's abolitionist group seized control of a state's government it could be considered turning it into a non republican form of government. Thus the federal government might be forced to intervene, thus members of John Brown's group could expect that they might get involved in a civil war against the United states, thus "levying War against them" and committing treason.
[...] and [the United States] shall protect each of them [the States] against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence.
https://en.wikipedia.org/wiki/Article_Four_of_the_United_States_Constitution2
John Brown's followers should have been able to imagine that they constituted an invasion of Virginia, and that by planning a slave rebellion they were planning large scale domestic violence. Thus they should have been able to imagine that the federal government would be obligated to try to stop them and thus that their plans would likely result in "levying War against them" (the United states) and thus committing treason.
And of course the plan involved seizing the federal arsenal at Harper's Ferry that could be considered "levying War against them" (the United states) and thus committing treason. Just as members of a dependent Indian tribe would be guilty of treason by attacking a federal fort or Indian agency or as southerners were guilty of treason when seizing federal arsenals, forts, and other installations.
And in fact President Buchanan ordered 90 marines from the US Navy Yard in Washington DC to Harper's Ferry where they defeated John Brown's raiders under the command of Lieutenant Colonel Robert E. Lee of the Second United states Cavalry.
So John Brown and his followers were guilty of treason against the United States.
But John Brown and his followers were tried and convicted for Treason against the Commonwealth of Virginia, murder, and inciting a slave insurrection.
https://en.wikipedia.org/wiki/Virginia_v._John_Brown3
And that kind of gets my goat. I can't help thinking that President Buchanan should have had Brown extradited to the District of Columbia to be charged with Treason against the United States.
IMHO the US constitution should be amended to say that no government dependent on the United states, such as a state, or Indian tribe, or county, or municipality, etc. etc. that ever committed in the past or commits in the future treason against the United States, shall ever again be able to have a statute defining a crime of treason against itself. And furthermore, if any official of any dependent government prosecutes, convicts, or punishes someone for treason against that dependent government while that dependent government is committing treason against the United States, that official shall be guilty of violating the civil rights of the persons so charged, and shall suffer penalties proscribed by federal law for violatign civil rights, or else penalties equal to the total of all the penalties inflicted upon every person he prosecutes, convicts, or punishes for treason against that traitorous dependent government, whichever is harsher.
Upvote:0
The difference between a store owner selling weapons to someone who then turns around and acts against the people and John Brown is that one engages in legal commerce of goods vs. someone who hands out weapons for the purpose of insurrection.
It might be argued that John Brown's trial was politically motivated. That Brown's actions in the powder keg that was the antebellum years had to be punished severely to avoid such actions being repeated.
So, if you want to buy thousands of weapons for yourself and your friends, do it. If you then take those weapons and hand them out to groups of people to protest/ demand/ impose some legal change/ commit crimes, you might be tried for treason.
Upvote:1
"Treason against the United States, shall consist..."
Nowadays, when we talk about the "United States," we talk about a whole country, the US of A.
But at the time of founding, and for some time thereafter, the "United States" meant "a bunch of individual states that were united."
It's not clear to me, at least, that John Brown was committing treason against the "United States" (as we now know it).But Brown was committing "treason" against a single state, Virginia. And he was clearly committing murder. So he was guilty of at least two out of the three charges.
In any event, he was tried, convicted and hanged by Virginia, not the United States. Such "Federal" troops as were involved, under people like Robert E. Lee and "Jeb" Stuart, were all southerners, and mostly Virginians, who would soon have their own fight against "Federal" troops. Ironically, the trial and hanging took place in a part of the future West Virginia, which would "secede" from secession."
To answer your other question, a gun seller is not supposed to sell a gun that s/he knows for sure, will be used to hurt others. If it's merely a suspicion, that would be different, legally.
Upvote:9
John Brown led a raid on a US military arsenal as part of an attempt to start an armed rebellion against the current established order. That's essentially waging war against the US government and at least attempting to aid enemies (as any slaves in revolt would be.) So by that token, it should be easy to understand why a charge of "treason" was reasonable.
His defense didn't particularly dispute that very well. People who supported him did so mainly not due to belief in his innocence but rather abhorrence for the institution that he was attacking.
TL;DR - He was essentially guilty of treason, but some felt that treason against an unjust institution was a moral act.
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