The pilot and transcript. [volume] (Baltimore, Md.) 1840-1841, 1840-08-26

feretary; and that, upon an appeal to me by L iSs
Tenant Hooe, declined to interfere with the4aes
cision.
| The simple question presented by these pros
Ieeedings, was whether the admission OF illegal
evidence assuming il to be SOY to sahstantSzee
parts only OF the charges, oughtto be alloweGIo
invalidate the finding of the court in regerd So
1 those charges which were established to the sar
tisfaction of the court by other and unquestioned
! evidence; in other words, whether Lieut.. Hooe
ought to be suffered to avoid the consequencessoE
conviction upon prsof admitted to be legnls
and deemed to be sufficient, because the public
prosecutor attempted to sustain other charges
agaisst him by proof which the accused claimed
to be- Illegal. The count martial thought not
the law officers 81 the Government thought rot
the Secretary of the Navy thought net-aIRi
sustained their united opinion. No principle is
better established in courts of law than that
new trial Will never be granted on the greun3.of
the introduction Of Illegal testimony, when the.
verdict complaised Of is flly sustained hypruof
TO which there was no objection; the cermon
sense and justice Of which rule will be at once
obvious to every ingenious mind.
This asposes- Of the case of Lieut.. Hoes as
far as it was passed upon either by the Navy
Department or myself But 1t does not, as you
viii perceive, touch the question as to the le-
sality of permitting fires blacks TO testify against
viously not 50 much tkv individual case, as the
general principle, which has excited your atten-
tion and it is therefore due to YOU to give you
wider view of the SubiSct. BY your Stats laws.
blacks are prohibited from testifying against
white men,. y ou very naturally, as well iTem
that consideration as ssom your own settings,
look with repugnance upon their admission ,as
witnesses before the Federal tribunals. The first
question is. whether the law, as it now stands,
authorIses their admission; and If it does, the
next is. wheslsr the law sUght to be, and how 1t
can be, changed. There is no act Of Congress
which prohibits the admission of cnlored peEsaRe'
as witnesses in courts martial. 1t Is believed
that the practice of permitting them tn,tescty7
has been unl.orm, and | have not found that the
question has aver before been brought upitor de-
cision. Indesd did not perceive that, except
by the accused, the illegality Of their admission
is even now objected to IN any quarter. The
officers constituting tina court, large majority
of whom were southern gentlemen, Of highly
respectable standing, cogTzant OF all thar rights
and, in no seIlse, liable 20 the imputat,on ut be-
ing indispoSed To sustain them, did not, 1T APP
pears hesitate as TO the legality Of the testimo-
nv The District Attorney, Mr. key, declares
the witnesses On have beea competent as the law
now stands. The Judiciary Committee eonlr T
posed of professional gentlemen at least maJq--
ritv sf whom csuld net be suspected OF : dispq- 4
sition to screen die Department OF the Executive
from responsibility, il tcy had sanctioned an l.
legal act-are silent upon tae suo]ect; aaa the'
very resolutions even oy wheh the case Oh 1-iet'-
Hooe was bEoaght before congress- AithoHsh "e-
the proceedings WIN greas Feheinehc1,
do not, be4iaVe, alleSe Ihat inc a'ilission on 4
these witnesses was Illegal nc matter TESS Z
apon very simple STot2lds nc "oie men NC \
framed the Jcdlctary act oil l'o7' Wisely -'"' \
It, as lar as pracliceoie, as lsahy oil .hesn i]u1 4
assisted in doing with the Constitution ITSELF and
As they dfI with most OF the early ana liihaieh
al acts Of the CIoFet1lnent, 10 tns PefuA a'r con-
iltiOn OF the different states composing aae coI~
ederacy- la'ncspect 20 their Local laws and. dSr
nestle institutions 1t was TO TINS emu ireEldeaA
that the laws OF ihe seNeFal Sta'esT eNee7ia
where the @oasSltaS1oil2 featles or sthutes'-sF
he United states shali othel sFlse Iiiuif1 an
lrovlde7 shaAl Dc I'aIueG ds Fu'eS .. u-piSlon Il,
rlals at coniaon Ia" IN the col Us oil &c
States, rs eases weere they Apply 1h7' coas'f-
1uence oil alis EfSs isloh IN fespeGt 70 t1ls laE-
ucular question: Is thas "neh ms e''siii
sat IN State where, oy us t"h laNS' colosea
persons are Prehaoteo from tes!nyais asldA'st
white persons, thsy are eAcleael III IsosS coC&is'
and Whta the stare avs auhit 'hg,il u'tIe SAT-
courts, Hiey are suii.Ieu lsthc eSiit
iiso' Sucl MAJ ,lie &c
ne Az IL az a RI ,,i;es
'c9h y 49, s;.,1 .-,,,,i. a. $500
,I1iF 20 ths J''IlSt"l % -.
ms i~ u 70 '.'5 -.
sith - 49, -, ~ e,,,rr,ss
'esi1 -
-. ieiei0noo - 7'--e ~
nose acts nave IeEe plopl-ss .iie n poa
-s' % coio.Sd PcIso.s -
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