Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1840-06-30
Case of Lieut.. Ho0e.

Ease oi Lieut.. IUOe.
We have thrown upon "ur first page, an eloquent ar
ticlc upon tins subject. Wal the Wings agree 10 RI.
move thls difficulty BY legal regulations: Their course
on Saturday last seems 10 show, that they are caught
in their Owl trap-and that the grca, body of their par.
Is will shirk The question. The following article from
the last Globe, presents The difficulty, and shows how
some ofNr BDttS's Wing Colleagues shrunk from the
issue, die himself being IN Virginia, attending the Clay
dinner in Hanover on SATURDAY las,l
SINCERITY OF THE EBONY AND TOPAZ PARTY.
s.Ihr trnc friends 10 the pcrmanrncy of our popular
institutions, and Of the harmony Of the Conlcdcracy,
are always prompt to remove every cause Of d:sscnsion,
every preicxt Of collision among the States. In this
spirit, no sooner was the question broac!lcd IN Congress,
as 10 the ~proprcly Of allowing colorcd seamcn 10 be
sworn IN trials on board our ships OF war, than the De.
mocra,ic party seized the earliest moment to anticipate
all disgrictudc, aud I" settle the difficulty BY 4 positive
enactment. The presidents Of the aav&i court musilals
show, that there has been no rejection -! the testimony
81 free coiofcd $caincn on trials on ~S'iipaOard since the
foundation of the Government. These decisions are
founded upon The fact that the laws Of Congress under
which these courts are held, make no distinction lie.
tween persons as To their competency ~ eve testimony,
IN the score of their caste. The laws Of several OF tie
States do disqualIiy persons Of negro origin, as witness
IS. The question then may arse, whether the local
or national rule is To govern the naval courts acting
under the laws of the Union, but within the limits Of a
State. And at all events, II Isl question Of Importance
whether the law Of the l.. S, which makes no distinc-
ton between witnesses, black or white should not make
IT,, anu dCCbiHlIlpud' Us IiI SpiHAtHGti III lIlhl I'>ltLL VI
the codes orthc several States in which lis military and
naval courts may be held.
'.ro bring tins matter 10 a spccdv decision, by the
authority which can alone ciicctualIy decide, was ma.
tutally the wish Of the Administration, and every
friend of the Administration, who IS sensible Of the
Importance ol closing every avenue through which
the Abolitiouists NAV excite agitation, connected with
the peculiar institutions Of the South. They therefore
sought at once 10 put an cXtinguiShcf BY a pcrcmptUry
decision OF Congress upon the new excitement, winch
IS threatened IN consequence Of the point started hy
Mr.. Bolts, in that body, As To the power of III" naval
courts 10 swear free black witnesses. 1t is certain that
the Aholrtiomists will contend for ], every where, and
Will ~purposcly multiply cases to embarrass the admins
trat,ou of Justice. The courts have the RIGHT To decide
on The law Of evidence. The President, ii is true, may
drsapprnyc every sentence which the courts may pass,
but he cannot direct how they shall decide questions OF
law in the progress of a trial, winch the judicial officers
are bound to decide themselves, under oath. lfthcn tAc
President was ofupimion that it was his duty 10 set aside
convictions founded on the testimony ol free colorct
Scanrn, and the courts still feel bound, under Their
oaiils and the law, to admit such witnesses, the result
would he, that when either party chose to hrimg Tor
ward Il free black witness, the cOHrt would swear han,
and if a conviction followed, the Executive would be
OBLIGED to discharge The criminal.
slu this state oil things every member Of Congress
must see The Importance OF AT once settling Mr.. Bolts
newly hroacIrrd difficulty, and vel the mass ottne Fcde.
ra! pariy-somc Of Mr.. Bolts leading Southern coadJU,
tors-sunc ofhis own Virginia collragrcs-Mr. james
Garland, Mr.. Hal, Mr.. Iaila!crro, and one Of The mos
furious Southern Harrison circtioncrrrrS. and principal
lrankcr with Mr.. Bolts on the Executive Cclnmlttcc-
Mr.. Rice Garland-ail i~nterpoScd 10 prevent Tic refer
cncc of the case to the judiciary Committee, or even
the printing Of the docninunts, so as to enable the
House itsclito act understand ngly on the subject"