Lexington union., 1840-08-08
THE HOOE CASE.

he ttOOE IAOE.
We intend 10 make tie Yazo) Banner,
and some other Of the "lransparcnt bril-
liancies" Of which the Wig party is com
posed, wish that their Iooe-ciikc" was
dough, aud The hogs had it before we get
through with this matter.
Ia the first place, however, candor
compels US 10 acknowledge that we stand
duly corrected for having used the name
Of the Secretary of War, where we should
have used The name Of the Secretary of
The Nary we submit to the rebuke With
all due humility, and frankly acknowledge
our error, especially rs it was so material
10 the argument, begging only t. state to
our magnanimous neighbor, the Banner,
that we did actually discorer the error our
Aelf, but after the paper had gone 10 press.
We know that The Blnner will excuse
this, as we wlll presently show that res
pecIable print, that il is most egrcgipusly
mistaken, If not absolutely ignorant of oil
the matters upon which il tenders such
generous instruction to us.
Now as to the first proposition in The
Banners article, we throw oui Of he qnes
lion, the slang with which il is SO plenti-
fully daubed--to wil
Now, there isnot one man in commu-
nifty, who is familiar with The law, who
does hot know that when ease is taken
up lor appealed, as il is more commonly
called. from an inferior 10 a superior court,
That it is the province Of the appellant
cour. 10 look to The errors assigned, and il
they ind any iliega! testimony Introduced
in the trial below that il must be reman.
ded for fnther examination for astral
dc moro.
The Editor Of the Banner is evidently
a lawyer--he has stated The principle cor
rectly, but like many others, we fear { has
only added another proof Of his "igno-
rance" Please accept this piece Of Gin
formation" then, from an !" ignorant loco,
foco", as you politely term those who hap
pen 10 differ from you in politics, to vii /.
That naval courts martial bear no re.
semJlance al all to inferior courts Of law !;
that the whole testimony before naval
courts is spread upon the record that the
record goes up TO the Navy Department
in the manner that the record Of chan.
cery case goes to the court Of appeals, and
that the Navy Department under the di.
rections Of the President proceed to do
justice, according TO the merits ofthc case,
as If the testimony had been taken down
and other proceedings had before That DE
Pariment, instead Of sending bach the cause
10 Le again tr.ed. There, you see, Mr.
Banner, that though your law is excellent
in itsPlacc, yet like that OF many young
gentlemen Of The profession. totally iaop.
posite.
s., much for the powers Of the court.
Now a word as 10 the legality Of the les
limony which Hooe complained Of The
Banner says, that tho testimony Of The
free colored men was /" Illegal" and thai
the law books are filled with authorily
in support Of the position we have stated.
II the testimony was Illegal. it was the
sworn duty Of Mr.. Van Buren, to have
sent back The case for further trial"
4 Now We assert what no man, who was
ever on board Of a ship II war will denv
that offences against the rules and regula
lions Of the service, ure offences seains,
the laws Of the United States alone. Ana
a. ..s.) VI.