Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1840-06-26
Lieut.. ITOoe'S Case.

present administration, anu LltII' 81 ca" I"NH'l'S"S'i
they Will never pull together again
Licut. Hooe's Case.
we have received an able No. on the conduct of Mr..
Bolts, touching this case, which will appear in our
next. In the mean time, we submit amo,m%fI ,,,
CASE OF LIEUT.. Ho0E.
There is something so dcspicabIe ana mean IN ''e
Whig's article Of June -, touching this silly affair, as
almost absolutely TO defy comment. Vow, IN reference
to the lnain point larped on by the Wing, the receipt
nj moro testimony against " hitc persons IN tho South,
,Ler can be and IS not 4 difference of opinion among
Southern men. We ourselves believe, the practice
on board our ships of war, TO the contrary notwith-
standing, that such testimony should IN al! cases be
rejected, the feelings, habits and prcludIccs OF the
South, 10 say nothing of the distinctive difference IN
The two races, marking too clearly for doubt, an lntcrI-
orty which shouldEorcver ~dIsquaiIiy illen-alI forbid IT.
Our Southern institutions forbid II; our State laws forbid
ii. These considerations are sufficient but where anu
wha, is the remedy: No State has a right 10 enact n
d;soraliryinr law which would operate orxclude such
testimony in Courts created BY Federal authority or any
other State Of the Union. This 6cing 50, then each
State would receive or disqualiy 1t according 10 the
prevalence of feelings favorable or against the negro
race: and thus in fact, by a shifting oil the rcn"e In
noints where this feeling was strongest, IT would AT all
times be within the power of the commanding officer,
if DISPOSED 10 do so, to secure It's reception. Tins
would be m%anilcstly unjust and improper. Then,
where and what is the remedy: IL Is 10 b" found no.
where else than in a law by Congress 10 ~disqualiiy ne
- IOll - ~ ~. p'SNt'Nf "-"''h ''S I~''
occiallv those born in slavcholding States. Let the
proposition be made in Congress, and we hazard nothing
in the prediction, that every Wing North OF Mason ;
am! Dixon'S line would vote against it, We hope that
our friends viii expose the tr!ckery displayed IN tins
affair, BY taking up the matter and passing Il law al as.
qualification, which the "IIon." John NJ. Bolts dared
not propose for fear Of placing his Abolition friends IN
an awkward dilemma. But what IS the true state Of
the facts in this case, Does It furnish any thing
one single iot or title Of evidence upon which the
n e. 1 -. -, 49,. .,,rIt ~ Ia. ,.uGurpIs-lI1S rut SuI.
s.aut.al ins,.cr been done: Did the negroes prove any
ncw fact: Was 1t. Hooe condemned on their tcstr.
mony: We're not a majority Of the officers who tried
him Southern mcn-Whigs and of his own Sc.
lection Ought he then 10 complain that Mr
Van Buren, did not set aside the proceedings =
Could he have done 50, knowing as he dad, that
no law of Congress was shown diSquaIty,ng the ne.
rroes, and that the proceedings IN other respects
were sreguIar:"-The opinions of the law officers OF
the Government on this subject, published IN the last
Crisis and Enquirer, were conclusive on the man point;
that is, whether Lent. Hooe was convicted on a single
specification by tho negroes. II rs a common law prin.
ciplc, (savs the Attorney GENERALLY that "whcre, upon
the whole case, justice has been done and a verdict IS
substantially right, no new trial will be granted, even
thorrh there NAV have been some mistakes committed,
Sufficient justification for asserting TO the present ap,
plicatlon will not be found. THIS makes an inquiry
unnecessary in regard 10 the objection itself
What says the District Attorney.
1.-The testimony thus objected 10 may he entirely re.
icctcd without affecting the sentence of the court :
They were examined rs to the second charge, and oil
that tho accused was acquitted.
Now, j, is clear that the question for the decision oil
the President was not, whether the proceedings should be
set aside, as the Wing falsely states, because Lieut.
Hooe had been Hrcprinandcd and dismissed upon the
testimony of two servants OF Capt. if1dh 7. Lrry, but
whether they should be set aside on account of ''testImo-
nv objected to-, which was ain no respect material 10 the
finding of the Court. This is proven by the whole
history Of The ease, as gathered from the record of lis
proceedings. con a careful examination by the law Off
Ger, and yet the Wing unblushIng'y informs lis read,
ers hat Lieut.. llooe was 'rcprirnanded and dismissed
on the strength Of negro testimony. When such false
hoods obtain credence with any portion of the comm.
nitv, what evils NAV not be expected 10 cnsuc: The
Wings alIusion 10 the Federal Court here IS a p0or at
tempt al illustration there is no sort of parallel III The
cases. Our laws declare HGcE persons shall not be
competent to give testimony against 'ch'te men. In
the case Of Hooc, ship Macedonia, not being within the
jurisdiction of the laws of Florida, there was no such
positive enactment by Congress, and a board of South,
crn officers felt it their duty, IN the absence of such
law, 10 oycrrulc the objection of Lieutenant Hocci
and having every reason 10 believe that usage, from
the necessity Of the case perhaps, had sanctioned
the principle that in Courts Marta! such testimony
ought not to be respected. We mean, however, 10 make
no excuse for the Court: they were Wings aud selected
BY Hooe to 81, in Judgment on his casc-liad they Ia
ken the responsibility of rejecting the testimony object
cd to, we should have been rcjoiccd-As they have not
however, and have not convicted Hooe con the strength
of negro testimony, as alleged by the Wing, we mus
and do, in the name of justice, protest against the cf
fort of his friends to arraign Mr.. Van Buren,, who bad
"no co nnection with the proceedings" his approval
not being necessary, : as Mr.. Padding himself says
Upon n view of this whole case, ample cause is afforded
Of graduating the South on the firmness and patriotism
of Mr.. Van Buren, as regards the vital question of Abo
lition. These proceedings clearly make out two fact.
important to be ob~seryed-they should inspire tn,