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


Carolina, on Lieut. Hooes case. The Globe.
in its introductory remarks, says:
SIT was addressed to a citizen Of their own
Stale. soae DAYS since, bat ,ral not PERHAPS be
Immediately p't5lished"
Hence it was furnished BY the President to the
Ciebs; and Is therefore direct elcctioneering APP
peal To the people. Il Is not enough that the
Globe Is pensioaed, and that Kendall and the
othCr ''hirehngsn are actively in the field; it is
mol enough that the Wee President is sent travel
ling over theceantry, exhibiting his own scars.
AND appealing to the people in behalf Of the dandy,
surIe3toai foreign lsxurios, and who never came
within the smell Of g1,apowder; the President
himself adds HIS OWE name 10 the list of parti-
sans who have entered she field. and he labors
with an oaraessaess that 5ctolSens how much he
Is alarmed.
Ind wha; is his ipsti6ca;ioa' He tells rs
tia, the Judiciary act Of l7S9 provides that SHE
laws of the several states. except where tn,
constitution, treaties uE statutes OF the United
States otherwise require or provide, shall be
regarded the rules Of decision in trials At
aesmmon law, in the Courts of the United
States, in cases where thew apply" and ar
CUES that, as, under this act, negroes are permit
ted 10 testify in some of the states, although
they are excluded in others, and that inasrnuch
as there is 40 law authorising them to testify on
Courts Martial, therefore they must be permit
ted to testify Courts Martial ia al the states.
Such IS the argument in this case. Mr. Van Bu-
q Il. IL
negroes the right 10 testify He insists that the,
proceedings OF the Court ought not to have bee.l
put aside, because there was no law forbidding
negroes TO testify!!!
And does Mr. Van Buren, suppose that he viii
mend his case by this kind of pcading' Ii was
precisely the case that came within his province.
1t was Because the Court acted without law, and
because the law had not qualified negroes to tes-
tiiy that he should have interposed. His refusal
tn do so-indeed the very letter before us is
proof that he is In favor of negro testimony
The rule which he would build up under the act
of 17S9, is directly in the teeth of the principle
of that law. That law provides that the rule Of
evidence of the State, shall be the rule of evil
dence in the United States Courts,-and for the
most obvious reasons. Here, the negroes were
permitted to testify within jurisdiction, where
the law forbids them to testify, which is directly
in the teeth Of the law of 'S9. But it Is said
that such has been the usage of Courts Martial
And Mr.. Van Buren,, who had the power, was
appealed to and urged to arrest that usage; and,
50 far from doing SO, he affirms and approves it.
But again: the principle which allows negroes
to testify in the Courts Of the non-slaveholdmg
states is, that the people of each state have the
right to enact the laws for their respective states
and all persons coming into the Courts in the
several states, must be governed by the legisla-
ton Of the respective states.
Now what is the principle affirmed BY MIR.
Van Buren, It is that as soon Southerner err
tiers the army or the navy, he ceases to be under
the protection Of this saluary principle, and that
he who but yesterday, when private citizen,
could not be convicted of an assault, and made
to pay fine Of 1--WE dollars, may to-day, in con
sequence of his having entered the navy, be con
victct of treason and lose his life, on the testi
monv OF negro. And the only ground OF
which :his extraordinary opinion is founded is
that no law has been passed forbilding negroes
to testify on Court Martials!!, Such argument:
may do for the pa-tisans who are hungering and
thirstinc. Tor excuses for the extraordinary con
3 duct Of the President; bat we are greatly d.
ccivcl, il they are satisfactory to the slavehola
ing race OF the Southern states. They canno;
live south OF Mason * Dixon's line, but in the
hot bed Of Executive coruption-and they will
soon perish there. With these comrnenis we
give Mr. Van Buren's letter as we find it in tht
Globe II is as follows:
WAsHNGroN, August, 1S40.
Sir: have received your letter, asking me
for yourself. and in behalf of the citizens 0
Martin county, North Carolina, to give You
statement OF the case Of Lieutenant Hooe Of tn
& navy, with my views upon the subject; req1es
with which do not hesitate to comply.
1t appears from the official report of the cas-
made BY the Secretary Of the Navy to Congress
y that Lieutenant Hooc was tried BY court maj
tial upon several charges, portions OF whic
were for causing several persons to be logged O
board OF the United States ship Yandalia, in dis
. regard Of the internal regulations of said ship
and in direct violation OF the act Tor the bette
government Of the navy; that he was acquitte
,llpon a portion Of the charges, and conVicte
two colored seamen belonging to the crew Of tn
vessel on board of which he was serving, wer
offered as witnesses to substaniiate portion 9
the charges; that they were objected to by Lier
tenant Rooc, but admitted by the court, ma
jority OF which was composed oil Southern off
GERS; that the proceedings OF the court martis
were referred by the Secretary of the Navy,
the absence Of the Attorney General, to the Il
torney for this District, native ola slave hoic
ing State, and subsequently, to the Attorney IL
neral himself, for their opinion in regard to tn
objection, which had been made on the trial a
to the competency of the colored WITNESSES; ths
these gentlemen united in the opinion that ina
much as the testimony given by those witness,
s was not material to the question Of the guilt {
Innocence of Lieutenant Hooe, in respect to Il
charges upon which he had been Convicted, 9th;
question having been decided upon othtr test
mony,) the objection raised TO theiT ;competene
ought to have no influence with the Secretai
N r,a ssinn Don the finding Of the court; that Il