The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1840-06-16

other irregularities complained of by the accused the
following facts will appear which call loudly ior re-
Dress to wit
That ON the Both day Of May, James Mitchell, the
steward negro servant Of the said Commander uriah
p. Levy OF the ". s ship Vandalia was called upon
and sworn as q witness on behalf OF the prosecutor
testify against the said Lieutenant Hooe that the
accused objected TO the examination oil the witness
upon the ground that he a colored man that the
Court after deberaon, did consider the objection
valid one and ordered the examination to proceed
that the accused then offered the following protest
which was, at his request, spread upon the record
The accused begs leave to state TO the Court, most
distinctly, that he solemnly protests against the eyi-
dence of this witness being received and recorded. IL
is far from the wish of the accused object to any
! evidence which the Court may deem legal but the
witness is a colored man. and therefore, in the opinion
of the accused is not competent witness even before
| this tribunal
"G M HOOE,
/ Lieutenant United States Navy"
Whercupon the witness proceeded to deliver his evil
dence before the Court upon the conclusion of which
the accused offered the following paper in writing,
which, at his request also spread upon the record
The accused having protested against the evidence
Of this witness the ground that he conceves his
tmony be altogether illegal that he knows it would
be considered before the civil tribunals of this Ter
rtory, the forms and customs of which, he humbly
thinks should be closely followed by martial court
as Possibe therefore asks to spread upon the record
cined cross-cxamining this witness
GEORGE MANN HOOE,
" Lieut.. u S. N
That, on the same day towit, the Both day of May
Daniel Waters, negro cook and private servant of
the said original prosecutor Uriah p Levy, was call
ed, sworn and examined before the Court whereupon
the accused presented the following paper in writing
which, at his request spread upon the record, to
| wit:
" The Court having decided TO receive and record
the testimony Of coored persons, the accused, In re-
gard TO this witness only reiterate his objections
as set forth in the case Of Mitchell the Captains
steward The accused will pursue the same course
with this witness that he decided to take with the
other colored man
GEORGE MANN HOOE,
| g Lieut. U $ Navy"
That the trial progressed until Wednesday, the 9Th
day of June, when the Court entered up its judgment
Of which the following is the conclusion
| " And the Court therefore hath and doth sentence
the said Lieut. George M, Hooe to be dismissed from
the West India squadron, after having been repri-
manded in general orders by the honorable the Secre-
tary of the Navy"
| Which said proceedings endorsed
| Approved J. X PAULDING'
That on the return of the President of the United
| States to the seat of Government the said Lieut.
George NJ Hooe addressed remonstrancc to His
Exccllency the President complaining of the irregu-
larities of the Court generally, which remonstrancc
concludes with the following statement;
There is one other point in the proceedings of the
Court COUGHING their legality to which invite the
particular attention of your Exceency 1t respects
h matter to which all Southern deeply sensitive
and if not overruled by your Excellency will as
surcdly drive many valuable men from the Navy. In
the progress of the proceedings OF this court two ne
groes one the cook and the other private steward of
Commander Levy introduced witnesses against
me. protested against their legal competency to be
witnesses in the Territory Of Florida, on the ground
| that they were negroes. The Court disregardcd my
exception and as the record shows, they were allow
ed to lie examined and to testify my trial, This
charge as proceeding illegal and erroneous the
part Of the Court and if SO, according to established
law and precedent must vitiate and set aside their
| whole proceedings. All which is most respectfully
submitted your consideration and final decision by
/ Your obcdent servant,
GEORGE MANN HOOE
Lieut.. U. S. Navy"
That after an examination of the record the Pres-
dent returned the same to the Navy Department with
the following endorsement
8" The President finds nothing in the proceedings
in the case of Lieut. Hooe which requires his inter
! ference. M. V. b.
And whereas the introduction of negroes and pr-
vae servants of the prosecutor witnesses testify
against the characters of gentlemen Of the Navy in
service of their country is practice though sanction
ed by the President of the United States that will not
be justified and ought not to be tolerated by Southern
men, or /" Northern loih Southern principles y
and if not corrected, must operate a serious injury
to the Navy, to the humiliation of its officers and to
the infinite discredh of the Government:
Resolred therefore, That the Secretary of the Navy
be required TO communicate to this House copy of the
proceedings of the court martial held for the trial of
Lieut.. George M Hooe, that his wrongs may be
promptly redressed, and the evils complained Of cor
rected without delay.
Mr.. DROMGOOLE inquired what measure of re-
dress his colleague proposed by the introduction of this
resolution
Mr.. STANLY called Mr.. Dromgoole to order
making some remarks which, from the confusion
which Immediately arose. Were inaudiblc TO the Re-
porter.
The CHAIR said the resolution could be received
only by general consent
Mr.. F.. THOMAS of MARYLAND objected
Mr. BOT is thereupon moved to suspend the rules,
and demanded the yeas and NAYS which We're ordered
and, being taken, resulted as follows
iEAS-Messrs Adams Afford John w Allen
Banks, Baker Barnard Biddc, Black Bond Bolts
Boyd, Briggs Brockway, VIM. O Butler Calhoun,
William 3 Campbell, Carroll, Carter, Chapman,
Chinn, Clark, Coles Conner, CIabb Cranston,
Crockett, Curtis, Gushing, Davies, Garrett Davis,
Dawson, Deberry, Dennis, Dillett, Doan, Edwards,
Everett, James Garland Gates Gentry, Gogrin,
Goode, Green, Griffin, Grnncll, Habersham Halves,
John Hill Of Virginia Hill of North Carolina Hoff
man, Holmes James, Jener, Charles Johnson,
kempshall, King, Lewis, Lincoln Lucas, McCarty,
Mason Mitchell Monroe, Montgomery, Morgan,
Calvary Morris Naylor, Nishe Osborne, Paen, Peck
Pope, Raridcn, Raynor Rhet Ridgway Sergeant
Shepard, Simonton, Thomas Smith Stanly Storrs
Stuart, Waddy Thompson, Jacob Thompson Til
lnghast, Toland, Tripleit, Underwood, PcterJ Wag-
ner, Warren, Edward ID White Lewis Williams j
l., Williams, Wise-95
NAYS essrs, Judson Allen, Hugh ] Andcr-
SON Anterior Beatty, Blackwell, Albert G. Brown
Burke Carr, Clifford w r. Cooper, Craig, Crary,
Cross Dana, John Davis, Doig Droomgoole, Dun
can Earl, Eastman, Ely, Fine, Floyd Torrance, Gal
hra,t I