Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1840-10-09

article party paper intended 1" d:sccrdtt ops
nr"n have thought proper 10 Eeprrs II tie tNst
obnoxious man the District on the Abolition qr"stloA
aud that this il,ltfs you charging IN favor X
equality ictw cen the blacks and whites. Now tErl
District there existed for many years Il do not knXw
when II ceasedl Abolition or EMANCIPATION S"cir%
! ! was never member. Yet | attended one of their
meetings near: twenty years ago, teIr consentIng
10 hear me, and delivered address dssuadlng them
rom the further prosecution Of their object, and recon-
mcndng the dissolution Of the society. And yet
more obnoxious than open and av"wed AboioniStSi
We further know that pr,itious have been frequently
signed BIZ If the ID favor of cnancipa-
ton. Ny nam" has never been among them On the
contrary have always Grssuadrd others from signing
or circulating these petitions. Yet am obnox-
THAN the authors and subscribers OF these petitions,
Who the persons ere, who have sponen OF me 10 you,
IN the way you state know not, but think you oHght
I" have inquired oi them whether they could refer
any fact as indicating The public opinion, or 10 any
sGiemcnt opinion conduct o: mine, that could JUS
ti!r surh nputatlnn. Surely have right /" de-
mlamd i"at word or decd ." my should be adj
ducrh 10 aU.Iori2r such charge: and II 10 BE-
Judged hy publ opinion, ,l"n let the occasion be
t-rred To, IN winch such oppressed. Surely
will not contend that dark, uunUuded rumur and
surmisr, without fact Or circumstance authorize
them, are suic cnt grounds Of c"naure. What mans
character be safe, j, Il may be safe Of hm
whnirver be SAID Of lin under such circumstances
\ | know, however that thcEc are gentlemen of ;he Wing
party IN Washington, with some of whom have
to believe YOU have the honor Ia he acquainted who
have long known me ard my opinions and conduct in
relation 10 the AhOton question, and how they be
estimated by the people OF the District Will
them. but ask the most eminent and honorable among
I those you know, whether | am justly liable to such u
charge.
As to any sub>cryicncy the Presidents the Sec
r"tlryS views wishes in relation 10 Lieut. Hoes
case IL seems absurd To- suppose II possible When |
called tor my opinion, the President had never
had The before htm The Secretary was 10 APP
prove dlsapprnvc the sentence Of the court and
seeing thai question of law raised IN the itior-
ncy Generals absence, called on for my opinion.
The record given me IL examine, that m'~It say
whether the !Cuce objected 10 Illegal, and, If 50,
what effect il should hay" upon the sentence. How
cnnld have ginrd that either III" President the
Secretary would re more pleased with opinion one
way han the ether: And why should they, rs Ia
myself had never been used to such evidence
civil courts, and always approved Of the principle
which i, was c<"lud"d My rrcndices and feelings
would therefore BIZ all against us allowance Under
these circumstances examined The ease, and hat
ever may be thought the opinion gave know that
free from prejudice Or bias OF any kind could
! not have been gwen.
Could have come to he same conclusion that YOU
have don" this question: tina, the President had
III" scrtonarv power decide upon the competency
u Witnesses should certainly have ADJ ,srd The
you think he ought IL hay" taken, aud that he ought
To have held the nr-r" witnesses incompetent Bat
could not 10 that c"nc.u"i"n Nor can you rest
IN it when Won come consider what Tremendous
power is that v"ur Guctrnr would give the EE"ru-
tive. The standing army that has alarmed you,
nothing 10 IT, Tn" !10noo mrha would Lc under
rI"ir State officers and triab" by ih"m in courts
martial But your opinion gives the "r' SD nj the con-
troll over all the naval and military tribunals, and
al the evidence 10 hr offered before them. lie 10
have 4 discretionary power {" say who shall hc wit
ncSs and who shall not. II he Is thus 10 Lave power
srll!, the aw otrvGrncr in these trails Why may he
not ut once settle all The law Of III" cast" and dispense
w!,h The court, Ifauv thing could give 10 the pr,Si-
,.riu Ia yer
officers, soldiers, and sramrn, wound II ne" i" Tins all
SoIuc discretionary ." power over evidence and trials
this power of life and death
/. 10 my Ul,Ilun a!r subject Oi criticism,
and should have no rrnht to complain Of any remarks
upon 1t. shall proceed briefly to d"irnd /:
against the objections you have urged 10 The positions
II maintains.
! The opinion maintains
lSt That the absence of any pr"hibtory act Of
Congress, the nrgr" witnesses were legal Witnesses,
and The court was, Of course, bound I" admit them
:'dly. That IL II otherwise, and they were tlI"
gally rrcrvrd, SAL Lieut. iooe found guilty by
the court und ni the charges, oi spec .caons
in relation hch the negro witnesses gave II" rvi-
drncr: and consequently, II" accused being found
guilty Of thcsr specifications under both these charges,
an evidence thai not objected Ia, there was no
ground l"r intcrrru. with The finding Of III" court.
Y"u have attempted 10 controvrrt both these posl.
tons but further considerations must satisfy you oi the
incorrecncss Of y"ur present views as TO both OF them
As 10 the first, we both agree that ''thrrc act
.
IS IN courts martial. This, you say, lyon believe
10 be true We also agree that there is an act Of Con
grcss providing for trials by courts marital, naval and
military, and Tor snmmoning and examining witnesses
before such courts, and you admt that "hc Ia" - silent
on The subject thatIS th't the ia% dues not say Who
shall he or - no snail MOI witnesses before these
martial. Thus far, then, We agree. Ana now bcgins
onr d ference And think need but show you your
pu tor and wII see that Won must abandon II. Il
!, this: Gc law, yuu sav, ~ silent the subject
ii ,fl. fIlTrn ,riItf
witnesses and L III, Pr'Jdfm free 10 ,Corctse his
di<crciion Can YOU, lawyer say that, because Al
act ut Congress establishes military courts and gives
iip ~ the power al Summon ~ and "Namnng witness
es and i. tent aS who shall "T who shall not he vii
nrssr> therefore The President can have any discretion
20 determine the competency OF Witnesses, The silence
.. ihr lass could only avc tins discretion 10 the
To eve the President this control the courts,
would surely require pos tive enactment. And can
YOU, a. Wig, seriously contend that the Prrsdcat
may ovcrrulc TIE decision and proceedings OF court,
only because the law silent and does not say he shall
not do IL Or that h. may exercise power not gwen
To him, simply because il is not denied To him. Would
not br extraordinary doctrine, and most extraordinary
Wing doctrine 1--WE iiis most wltIming and r.
csstlbc power the proceedings OF the courts
tail SIZED Tor the government Of the army and navy 10
the Presdent--ia he 10 decide, by his discretion,
who are competent and incompetent witnesses before
these tribunals II proposition To- eve discrettons 5"
unreasonable and birary TO the President was direct
" made in Congress - there man Of any party who
would dare to advncate IT.
And yet you, v hig. and irgiuan, contend
M that such POKER given to the President, by con-
struc,ion, by the silence Of The law;
You are certainly wrong IN saying That when yea
presented vour resolutions 10 Congress- 'y"u certainly
thonpht ii (hc allowance Of the negro testimony HI
rll and 50 intended e. express YOURSELF Tor YOU
not consistently 50 express yourself now Your OPP.
mon is that The law, beng silent, CLEFT TnE Pass.
4 pEsT FREE TO fNEHIIsE ms ow: DIstEErIoS. IT,
hcn the law allowed the President this discretion, his
exercise of IT, whatever else might be, would not la
IWcgoi. lie might exercise it wrong, way Ia Justify
complaint; but still II would b. the exercise Of powc:
which you contend the law left To INN, aud Therefore
yon cannot say It !lcga! now, ard could not have
81 intended then
You say that YOU 'card for the proceeding, that the
WRONGS Mr. liGor had sustained by reason Q! the INTRO
Gucion Of such witnesses, might be promptly redrcsscd
and the evil corrected without delay.
1t you thought this wrong $" great ana PLAN
a one ha, Il admitted Of prompt redress Bat the Jn.