Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1840-07-03

with the Qualification that the beating OF oaiVin morgan
was not Sin a cruel and scandaious a"iel NV -
which he offered no objection, and by ms own COMES
sion, he was sentenced 10 be dismissed the west inu'a
squadron, and 10 be reprimanded by the Secretary ol te
Navy. h. o,;octed
% tho examination of two free black witnesses, regularly
entered. and doing duty on board the panaaia, the"
WING at anchor in Pensacola Bay, which objection was
overruled By the court, a majority OF when cohs's'eo
of Southern officers. The Secretary OF lhe navy"
receiving the proceedings, referred the case TO the LIS
riot Attorney. the Attorney General being absent, VINO
decided that all the speculations on winch LIEUT.
nant Hooe had been convicted, were fniiy PROVED w"
ont the testimony to which he objected, ana maj On q
qrcat portion of these no testimony Whatever nau peeh
99;ven by the Objectionable Witnesses. The Secretary
Of the Navy accordingly confirmed the decision OF lhe
court, and it was carried into effect.
Subsequently Lieut.. Hooe memorlalizea inc fres'-
don't on the ground that improper testimony had been
rooairnd At his trial: and the President, after reviewing
the case. decided not to reverse the decision, on inc sole
ground that the case was fully made out, and the proofs
Complete, without the Objectionable testimony lne
question as to the legality OF the testimony OF these WIZ
npsses. did not come up-it was not necessary TO thf
decision. This was the opinion of the Attorney Gene
raj. After long delay, and near the close OF the session.
Mr.. Bolts has brought the subject before Congress IN a
series of resolutions, not of inquiry, but condemnation,
and with the object, which has been fuiiy at'a'neo' u
disseminating them through the Southern States Tor pc.
4 Itical purposes, either before they were presented, or al
ter they had been rejected by the House.
Having previously remarked on the course he has
pursued, in Terms which every candid and honorable
man will acknowledge to be Just, we shall leave nm 10
the Judgment of the intelligent people of an iilustrIous
Commonwealth and the constituents he represents.
We will only ask any humane and high-mInded CIT
zen of the South, whether the President would not
have been amply justified in dismissing Lieutenant
Hooe from service for the illegal and unwarrantable
infections of punishment on q class OF men TO whom
the country is so deeply indebted for those honors she
enioys in the estimation Of the world, and to whom she
looks for future accessions-for abusing an usurPed
authority to the purposes of cruelty and oppression,
and bringing upon the high and honorable and humane
officers of the American navy, the imputation, OF
all others, most nbhorrent 10 the genius of our country,
and the spirit of its institutions: Does there exist a
Virrinian-with the exception OF Mr.. Botts-who
would have objected to such n Just exercise OF authori-
ty, or who would not, if the case had been fairly pre-
scnied, have cried out against the President, had ne
by a reversal Of the decision of the court marital, pros
tituted his prerogatlve TO the purpose OF giving Impnnl-
ty to petty oppression, under pretcnce OF rcpudIating
testimony which both the District Attorney ana the
Attorney General had decided TO be mmaterlal-nay
/ more, absolutely out of the issue which he was called
upon to affirm or reverse,
The President is not the man to pursue such a
course. He is the representative of the free and be-
ncyolcnt principles of Democracy, whose end and OBJ
iect is 10 amcliorate the condition Of The poor, Inc IN
protected, and the tcfcncelcss. By tins chart has he
sleered, and 10 this great purpose have all ms acts heeh
UIrtrlpu.- IL Is LOT luIS It Nv pAaiI - ~ -
! sued that the laborers and mechanics employed under
The different departments Of Government should not
be obliged TO labor at any season more than ten hours
a day. IT was his ardent desire 10 shield the gallant
sailors of the u. S., as far as possible, from the abuse
Of a privilege sanctioned by the laws, that prompted
him 10 authorize the following general order Of the Sc
cretarv Of the Navy, of VIII ch the conduct OF Lieut..
Hooe was the immed ate occasion:
Circular 10 Commanding officers Of S~quodr0nS.
NAVY DEPARTMENT, 9Th March, lo39.
c.. ron,nl,:,,c b,.,,tr hepu pnnIp IN the I)puaIt-
ment Of the lnfiction of punishment, by order OF subor-
dinate officers, upon the men on board onr vessels oil
war, in violation of the law and regulations OF the ser
; vice, the Department deems 1t proper 10 call your par
;icular attention to this subject, and 10 direct that you
enforce the said law and regulations in regard 10 The m
Fiction of punishment as prescribed by section ISL, ar
ticle Both, of the act for the better government OF the
Navy of the I. s, Book of Laws, page lOlO and IN the
! rules, regulations and instructions Tor the nava! service
, of the u. States, pages 60 and 6l.
! am, sir, very respectfully
J.K. ~PAULDlNG.
Ii. Chas. Wilkes, jr, commanding United States Ex-
ploring Expedition, Valparaiso.
y 1t was also from the deep and abiding interest felt by
the President in the rights and well being Of our glo-
rious roinn,ecr seamcn, that he was induced to gave. ms
direct sanction to another general order, regulating
the punishmcn.s throughout the entire navy, as far as
the law will permit, and placing every obstacle IN his
! power in the way of the abuse of that law:
NAVAL GENERAL ORDER.
I The President of the L. S. believing that greater
formality in the infection of such corporal pnnishments
as are authorized by law, may be adopted III the navy
/, with beneficial consequences, directs, that no such pu-
nislmcnt shall be inflicted on any person in the SER
vice without sentence of a court martial, when that is
, 4 required by law, or the written order OF the Captain or
Il commanding officer Of the vessel, or communicate OF
the navy yard to which he is attached, where the au.
thority to cause it to be inflicted, rests in the discrc-
lion Of the commanding officer, specifying the offence
or offences, and the extent of the punishment 10 be
inflicted; which order shall be read, and the punish
,or - Uictad in nracapcp If Tho nTfrprs and spam
belonging to the vessel or navy yard.
All such orders for punishment shall be entered on
the log book, and a quarterly return made TO the Secreta-
rs ofthe Navy, stating the names OF the persons punish
I'd, their offences and the extent of the punishment m
fictcd, together with such explanations or remarks rs
the commanding officer may deem necessary TO a pro-
per understanding Of the case.
The President also directs that The law authorizing
the enlistment Of seamcn and others for tho naval SER
vice, as it may be in operation Mt the time of enlist
, ment, shall be printed on the back oc the shipping ar
ticles, and read to each person dcsirdus To enter, previ-
Gus to his signing them, in order that he may know
precisely the engagements and obligations he is about
10 contract.
Navy Department, May Goth, 1S4O.
To our minds, this is much better than empty pro-
fcssion and hollow sympathy, such as for the present
suits the party in opposition TO assume for the purpose
of deceiving the people. Deeds, not words, are the
test of sincerity, and by the former let the President be
judged here aud hereafler.-Giobs
THE NULLiFIER,
John S. Pendleton, Eiector from the Culpcper dis
trict, and orator of the Federalists, addressed the pub
lie, at the Courthouse, on Monday last, on the favorite
subjects of the party for mhom he spoke. His remarks
were listened TO, by all parties, with great attention.
The gentleman is a fluent speaker, more distinguished
for brilliant appeals TO the Imagination, than for close
argument, sustained BY facts, with a view to convince
the judgment of his hearers. We listened to some OF
his remarks with surprise. The b~rotherly (r rather
oficc-hunting) feeling which now subslsts between
those whoopposedt the Proclamation, and the party who
hailed the Federal construction of that document with
delight, should not have caused Mr.. z. to have coupled
General Washington name with that of any individn-
al. As his actions, when living, were intended to
benefit the whole people, SO let his memory, now, be
u~nalloyed with party feeling. lie was no leader,
save when called by the hearts of all to lead, in war
and peace, for the good Of all. Any effort to associate
him, even in memory, with another, is unjust and sa-
crilenious.