Columbus Democrat. [volume] (Columbus, Miss.) 18??-18??, 1840-09-12

tooe was duecied " 10 be dismissed from the
West luda squadron, after having been Iepri-
manded IN general oFdets BY the Secretary the
Navy was the'euPon approved by the Secretary;
and that, upon az appeal to me by Lieutenant
llooe, declined to interfere with the decision.
The SIMPLE question presented By these pro-
ceedings, vas whether the admission of illegal
evidence assuming II u be SOL TO subslauhaie
parts only oflhe charges ought TO be allowed 10
Inyalidate the finding Of the court in regard to
those charges which were established TO the salts
faction Of The court by other and unquesnoned ey.
ldence; in other words, whether Lieut. Hooe
ought TO be suffered TO avoid the consequences Of
a conviction upon proof admitted TO be legal, and
deemed TO be sufficient. because The public pros
ecutor attempted to sustain other charges against
| him by proof which the accused claimed to be il.
legal. The court martial thought nol-lhe law
officers Of the Government thought nol---lhe Sc
cletary Of the Navy thought not-and ! sustained
their united opinion. No principle s better es-
tablIshed in courts Of law than that a new trial
will neyeI be granted on the ground Of the INTRO
duclion ol Illegal testimony, when the verdict COM
planned Of is fully sustained by proof TO Which
there was no objection the common sense and
justice Of which rule will be y, once obvious 10
every ugsnuoos mind.
This disposes Vi the case Of Lieut.. Hooc, as
far Us il was passed upon either by the Navy De
parinenl or myself But il does not, as you vii
perceive, touch the question Us 10 the legality Of
pSrmiling free blacks 10 testify against white per
sons in naval courts martial, II is obviously no
so much the individual case, as the general prin-
cplc, which has excited your attention, and j, is
therefore due 10 YOU 10 give you wider view OF
the subject.
Byyour State laws, blacks are prohibited from
te.lilNag against shlie men. You very naturally,
as well from tina, consideration ms iiom your owl
feelings, look with repugnance upon their adms
sion as witnesses before the Federal tribunals
: The first question is, whether the law. as il now
stands, authorizes their admission; and Il il doe
! tho mex, H. whether the law ought 10 be, and how
J /, can be,changed. There is no act Of Conges
which prohibits tho admission Of colorcd person
J ns witnesses in court MARTIAL II Is believed lhu
the practice Of permitting them TO testify has bee
J uniform, aud have not found that the question
: has ever before been bought up for decision.
: Indeed did not perceive that, except BY the &c
y cusedJhe llegnlty Of their admission is even now
,, objected to in any quarter The officers consli
y uiing the court, large majority Of whom were
u Southern gentlemen, Of highly respectable stan
ding, cognant Of all their rights, and IN no sens
liable 10 tho imputalion Of beng indIsposed ta
p sustain them, did not ii appears, hesitate as to Ii
y legality Of the testimony. The District Atomcg
~ NJ, Kcy,dceIares the witnesses to have been con
~ pctent as the law now stands. The Judcia
:" Committee composed Of professional gcntieme
7" al least minority Of whom could not Ls suspec
u ted Of disposition 10 screen The Department
&c tho Executive from responsibility, il they hu
lo sanctioned an illegal acl--are silent upon Il"
u subject aud the very resolutions even by who
~ the ca.e OF Lieutenant llooe was brought belot
;" Congress, although denounclng the proceeding
J" with great ,eheinence, do not, believe, nleEa
J. that the admission of these Witnesses was Ilega
o The matter rests upon very simple grounds Iho
;, able men who framed he judiciary net OF l7ss
II wisely adapted it, as far as practicable. as MAI
: of them had assisted in dong with tie Consu.
>, lion itself and as they did with most Of the ear
~ and Fundamental acts OF the Government, 10 q
"a peculiar condition Of the different States corpu
y sing The conledeIacy ~ respect TO her local law
= and domestic institutions. II was 10 this en-
v provided TINT he laws OF The several State
~ except ahefe the Constitution, treaties or statute
i Of the United States, shall Otherwise require or
. provide shall ba regarded MS rules Of decslc
% in trials al common law IN The courts Of The I'M
y ted States in cases where they apply. The cor
sequence Of this provision m respect 10 Tins part
70 oulur question is that wben the Federal courts
Is in n STATE whereby It's own laws COl0fed person.
. are prohibited from lestyng against white per
"a sons they are excluded in these courts; ard pher
W the State laws admit them in the State coutts
y thew are admitted IN The Federal courts Also
y Such has been the uniform practice under the ac
aud I'LL excitement upon he subject has been b
2 that means avoided But this applies only to lhc
J judicial tribunals OF the country. The law .
y courts martial has not been framed With mucu
y care, Their proceedings have been excluslyeIl
regulated by acts Of Congress without reierenc,
to State laws OF Stale usages. Those acts ha'c
never prohibited the Introduction Of colored pei
:, sons Us Witnesses and hence their frequent ud-
= mission in that capacity, particularly in nayal
r courts martial, some OF them almost iu,arabI,
y forming potion Of every ships crew. In b.
h wrong 10 admit them, The fault is in the law, uno
the remedy IS TO be found only in its alteration
c 1t is surely not necessary that | should say 10 you
!, SIR. thai this cannot be accomplished by me.
. Were either to disregard the law It Stands
Q when case for dong so was presented, or 10 AT
d tempt TO change it's operation, there would indeed
d DO cause for complaint aud denuuciaan. Bn.
+ vhilst1 have not the constitutional power % ae
il tho law, have no hesitation IN saying that haf
a moi been able 10 discover a sufficient reason Why
The rule which prevails With the conseR, and 81
n probation OF all in the judicial should not be 81
# tended to the military tribunals Of the county,
8 The legislation Of Congress necessary to sscom
y psh that object would be very simple, il BEN
!. only necessary 10 provide that the rulesn lFgur.
}. to the admission Of witnesses in this particular
i should be the same IN both classes Of counts.
J Some special enactment IN regard 10 courts mar
+ tIa held at sea, and oaI OF ihe Jurisdiction ofany