Columbus Democrat. [volume] (Columbus, Miss.) 18??-18??, 1840-08-01
THE HoOE CASE AGAIN

The Argus attempts 10 parry the thrust which we
gave his party IN our last upon this miserable hum
bug, by one Of the weakest Efforts imaginable. The
editor does not deny, because he could not, single
important position which we laid down. He does
not deny that Hooe was condemned by white, aud
not by negro tesiimony-he does not deny that The
board Of officers who condemned him. was selected
by him, and composed chiefly Of southern wings
nor that the trial was held on board vessel, and
not within the jurisdiction Of any of the southern
states, nor that il is the usage in the navy 10 admit
negro testimony in all cases All these facts he ia.
city admits and Of course admits that his assertion
that liooe was condemned by negro testimony s
Untrue. But why argue case so pain--why
waste words upon matter which the mercst tyro
politics aud Jurisprudence will understand AZ soon
as Il is mentioned TO him The subjoined opinion of
the Attorney General upon he case, together with
the remsrks added Of a correspondent OF the Rich
nond Enquirer, sustans every position, we took in
our last, out and out. Examine reader and Judge
oE yourself; we will not Insult your understanding
by one word Of comment.
While upon the subject we would call attention to
an article in our columns to-day from ths Globe
headed Case Of Lieutenant Hooe" If Mr.. Bolts
was 80 much alarmed and euroaed at the admission
oil negro testimony, why did no, he and his wing
associates make some eiIod to get law passed by
Congress, 10 nterdict such testimony in future
The reason is obvious. rJ- They uere afraid 10
take such step, because they kne,c il ,rOud ogen5
their ABOLITION ALLIES at The north! But
read the Globes article.
Gerry
.filornsy Generals 0Gcs,ipni ash, 1910.
SiR:--i had the honor TO receive your letter of
tho 9Th inst. incoslng copy Of thu, Of the Hon
j. Talllaicrro, Of the House of Representatives.,
together with the record Of proceedings of the
Court Martial. convened for the Trial Of Lieut..
George Mason lIooe, on board the United States
ship Macedonian, in the Bay Of Pensac ola, on
tho 2sih Of March, 1899, and the opinion Of the
Attorney Of the United States, for this District
thereon.
In reply TO your request, for my opinion, on the
point submitted by Mr. Tahalerro, tina, the pro.
cesdngs and Judgment Of the Court Martial
ought TO be Sc, aside, on the ground. that i, I'D.
milted The testimony of two negroes on board the
vessel, who were produced and examined az vii.
nesses, notwithstanding an objection was made
thereto, have 10 say. that, on careful examina.
ton Of the recorG,l find thu, the testimony objec.
ted TO IS in no respect material TO the finding OF
the Court. That testimony related TO the second
charge, OF which the accused was entirely acqn-
ted, and, also, 10 the fourth specification IN the
first and second charges, the finding, in regard to
which, was fully sustained, in all particulars, by
other witnesses, whose competency was not DEM,
ed. Indeed the only fact found by tho Court,
under any portion Of the charges 10 which this
testimony relates, is the punishment, of person
on board the ship by direction OF Ineut. Hooe, u
fact mentioned by many witnesses, and not at all
denied in the defence, which rests no, upon tho
fact ITSELF but the authority Of the accused to d.
rect the punishment. II, therefore, we adopt the
well established and reasonable rule laid down IN
regard to similar applications, in common law
proceedings, "that where, upon he whole case,
justice has been done. and The verdict is subslan.
TALLY right, no new trial will be granted, even
though there may have been some mistakes com.
mitted," sufficient justification for asserting TO
the present application will not be found. This
makes an inquiry unnecessary, in regard TO the
objection itself. The papers are returned.
Very respectfully, yours,
II. D. GlLPIN.
The Hon. Secrstary 81 The Mary.
So far from the Presidents having sanction.
ed the admission ofnegro witnesses to testify a.
gainst the characters ofgeEtlemcn Of the Navy"
this opinion shows that the point raised by Lieut.
Hooe was immatenal 10 the merits Of the case
and unless il was decided 10 be an illegal practice
by adopting the language OF the Supreme Court
Of The u. 5. lha, where upon the whole case,
justice has been done, and the verdict is substan
rally right, no new trial will be granted, although
there may have been some mistake committed"
it remains undecided by the President. and un-
sanctioned by either him, the Secretary OF tue
Navy, or the Attorney General. Examine the
opinion, reader. and then, cay what excuse you
fad FOR The conduct of John NJ. Bolts. The facts
show, that Lieut.. HOot, by his agent The Hon.
Jobn Talia(eno, asked the President TO exercise