Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1840-10-27


tim in saying, that have not been able 10 discover
sufficient why the rule which prevails with the
consent and APPRECIATION of all in the judicial should
not be extended TO the military tribunals of the
try" Could the Wing have been guilty of such an
acknowledgment as this, it would have saved to his
party many an honorable man, who cannot now, when
he the iberal and disingenuous comments made
by MIN Mr. Van Burens manly letter. longer re-
man in the ranks of party having organ so discre
dable to that party quem deus pcrdere prus
dementat, whom the Gods wish TO destroy, they first
make mad. The Wing has been incapable of this ge-
The madness of party has led him to hope
for in a studied departure from justice Here
toicre the Wing has contcnded that Lieut.. Hooe was
suspended on the 'sstrength of negro testimony We
dnve him from that tastacss, by showing that the
goes testified to OF the specifications of which
E0oe convicted if they did, that their testimony
dsregarded III the abundance oil achte testimony
| on the same charges.
/ The question, them was truly Mr. Van Buren, stated
it, whether Lieut. iooe had been convicted on the
strength of negro testimony but ''whether the adj
rssion of illegal evidence assuming it TO he SOY TO
tnbs,antiae parts only of the charges, ought be al!
lowed 10 nvadae the finding Of the Court in regard
10 those charges which were established TO te salts
faction of the Court by other and unquestionabe evil
dence. This was the question for MIR. Vnn Buren, to
decide, and in its decision, he but sustained the decision
of the Court Martial which tried Lieut.. Hooe, itself
composed Of majority Of Southern officers, and Wings
TOO, we believe, by whom llooe willing to be tried,
and who were not and could not be suspected OF any
favoritisn towards the reception of negro testimony,
and therefore, must have acted under Of their
conviction as to what the law required of them. He
but sustained the decision of the lawocers of the Co
vcrnment, who reported that the testimony of the
groes proved nothing against Hooe and that IL
principle of common law, well established and well
known, that verdict he set aside on an allie
CATION Of illegal testimony when substantial justice has
been DONE and the testimony complained of had had no
influence in the decision of the lie but sustained
the decision Of the Secretary Of the Maya man. who
has been denounced by the Abotonsts for the service
he rendered the South, in work he wrote in defence
of slavery He had nothing TO do with the admission
of the testimony. He not present, and knew
thing of the proceedings lie had no vote on the
question. The Court composed of MA jorty Of South
officers, read and admitted the testimony They,
If ann are to blame-and why does the Wing spend
some of his bilious matter upon them?-why all upon
Mr. Van Buren,, who was merely called on to supervise
the proceedings and when he did so, after full nvesti
CATION, issue altogether different, said there
for him to interfere in the Of Lieut.. Hooe.
This is history Of the far the President
had any thing TO do with it. Gould he have taken any
other course, the face of much concurrent test.
mony, without bringing down upon himself the anathe
of the country, for usurpng the legislative power
of the country? That he has not done So under mis-
taken sympathy for the feelings of the South, is a SUBJ
ect of graduation to all those who value the institutions
under which they live Here however, the Wings
thought proper to lay hold of the matter, of
making political capital, and the Hon j. NJ. Bolts
pitched upon suitable individual to be made 'pater
noster of the dsreputable and dsgaceful proec-and
after all, what did they do: Not an earthly thing
Those who dared abuse Van Buren, for admitting negro
testimony against white men, when he had power TO
prevent it, did themselves dare, through the only
competent tribunal to act upon the subject, and cla
lenged to it, by the friends of Mr. Van Buren, to say
that negroes should in future be allowed to testify
against officers of the Navy. The votes of these very
will show, that they opposed every effort to legs
late the subject of the Hooe case, doubtless for tear
only OF offending Sade, Clarke, Satonsnll and host
of other Abolitionsts, with whom Southern Whggery
has formed league to overthrow the last Republican
and patriot Administration that may perhaps
ls in this country, j orerthronn.
But apart from official action on this subject, there
yet high authority for Mr. Van Buren,. The Lexington
Gazette, talented Wing paper, presents calm dis
passionate OF the subject III striking contrast with
the low, vulgar, miserable caricature Of the Whig-a
view, which, in these party times, reflects much credit
the fairness and candor of that print. H.aaiptnns
that it would have been absurd i'll the President
aside the finding Of the Court conyictng tie accused
upon the charges and specifications TO which the negro
testimony not applicable it would be in ordi-
nary Court of criminal jurisdiction, to set aside
vction of murder indictment, because improper
evidence admitted upon another Having illustrated
this point, he proceeds to another, follows, viz
y the common law, and the uniform practice Of the Navy
der witnesses against white They
permitted 10 testify against white in Virginia. because
very properly forbidden express
They good witnesses however, in many q the free States
then arises what right has tt Federal Executive repeal The
laws Of te land merely because lie deem them nepeden:
surrender this INDUSTRIOUS and desoc authority into ir hands Of
Federal Execntive Yet this Is the principle involved
case, the President universally censued ~ the Wing
press he would repeal the law Of the land authorizing
publican intensely jealous encroaehnents nay more,
an no for h , T our such
Let be misunderstood We advocates for
opposed lei the !oalsomo the dsgraceful derrad-
is repealed by Congres the Representatives the
le bare idea II legsaon' Give power to Your
Executive, and he is dcspoi, and you his savcs.'
Thus saith Wing Editor in Virginia, Come from
what quarter it may, tits true Democratic doctrine
Well what is the point of attack against the Presi.
dent in this case: 1t is, that he has not ALTERED
THE LAW II is, that he has not USURPED THE
RIGHTFUL POWER OF CONGRESS! Bolts ~
Co call on the South oppose the President because
he has not in this case become USURPER! Yes,
the very who daily and recklessy charge HIM with
usurpatioa, complain Of him also because he does
usurp the tar-making po,cer!
1t is not at all remarkable, that the Wing Editor of
the Gazette should think it necessary to give
for venturng to be honest in any thing which relalcs
to the Administration. Honesty and candor
the newspapers of that party, that expect
to meet with them without an apology. Hear what
Mr. Baldwin says:
We have told by OF friends that very
prudent hi. opinion that it might be used to in
though fal We that pnsilanmos, criminal
to foe We were taught By maternal py ,ha, honesty
and may rnngs Of Ieaven blast ii we ever forget the
lesson. We owe higher allegiance 70 truth an to marty
o, ,hn rf I'M. &c and ali
manly ness lofty Independence ingenious candor
we estimate all price, Of Tie mobiles, the hu
In word, such unfortunately
stitution, that
ne can't be silent and nc nn not he
hope friends Satisfied We need not that the
columns paper the freest discussion of the whole
subject"
The Pensacola Gazette, another Wing print, says
ssNothing has come to our knowledge which more
strongly marks the rabidity, the madness of party
spirit than the which the Wings are making
OF the Hooe Case MIR. Hooe, Lieutenant in the
Navy and then recently first lieutenant of the ship,
was tried by court martial assembled on board the
gate Macedonian, then lying the harbor OF Pensa-
cola, on charges and specifications which alleged the
whipping by order of the accused of certain persons
on board (colorcd men, without the authority Of the
commander of the ship. This being against the letter
of the regulations of the Navy, made ground of
accusation AGAINST Lieut. II. by his commander, Cap
tain Levy and the who had been illegally punished
were called before the court to testify. Mr.. Hooe OBJ