Liberty advocate. [volume] (Liberty, Miss.) 1835-1866, 1840-07-16

the following protest, which wac :, n.
quest, spread upon the record. II" re-,
"The accused begs leave to state ,on
Court, most distinctly, that he solemnIv WINE
tests against the evidence orthis witness pn
received and recorded. 1t is far from ~. U 81
OF the accused to object to any evidcnco Wv WV wis.,
the Court may deem legal; but the wi,no, "ulcO
colored man, and therefore, in the onU;'. "
the accused, is moi competent witness o OIL
fore this tribunal. e'e0Os
&c. M. HoOE +
Whereupon the witness proceedeJ - ,'@ u.E
ms evidence before the court; upon the concI S
sion OF which, the accused offered the I rolIo%
ing poper in writing, which, at his re eU''os
was also spread upon the record: f''''
'The accused having protest ed apaiD., 4
evidence oil lhls witness, on the ground tba, S'
conceives his testimony to be altouetbs' " M a'
gal, that he knows it would be so cons;da"
before the civil tribunals ofthis territorv ~
forms and customs Of which, he humbIv KIN va
should be as closely followed by m ,a,IA'
court as possible; therefore asks TO spreod "'1
the record the fact that he cannot consor1 S
and has totally declined crossexnmin;.
this witness.
GEORGE MANN HOoE
"Lleut. U. NJ
That, on the same day, to wit: the 3Othd,.
of May, Daniel Waters, negro cook -,
private servant Of the said original prosecWo,
Irish p. Levy, was called, sworn, and eYan
ined before the court: whereupon the accupi
presented the following paper in writing, wbiT
at his request, was spread upon the record,
wit:
"rhe Court having decided to receive and,
cord the testimony of coored persons, the A,
cused, in regard this witness, cen only ree,
ate his objections as set forth in the case
Mitchell, the captains steward. The accus
will pursue the same course with this wi,nes
that he decided to take with the other coIOr
man.
GEORGE MANN HOOE,
"Licut. U. s. Navy"
That the trial progressed until Wednesdu
the 9th day Of June, when the court enter
upits judgment, of which the following ha.
conclusion:-
Sand the Court therefore hath and doth ss
tence the said Lieut. George II. Hooo to
dismissed from the West India squadron, ans
having been reprimanded 10 general ordena
the honorable the Secretary ofthc Navy"
Which said proceedings are endorsed,
"Approved, J. X. PAULDlNGT
That, on the return Of the president oftheJ
S. to the scat of government, the said Lieut.
George NJ. Hooe addressed a remonsrancO
his excelIency the president, complaining
the irregularities ofthe court, generally, whc
remonstrance concludes with the followiu
statement:--
"Fhele is one other point in the proceeding
the cour! COUGHING their legality) to wha
| invite the particular attention Of your exa'
lency. 1t respects matter to which all sou,h.
ern men are deeply sensitive; and if not Ovt'
ruled by your exceIlency, will assured
drive many valuable men from the navy.
the progress Of the proceedings of this cout
two negroes, one the cook, and the other pr
vate steward Of commander Levy, were id
troduced as witnesses against me. prote'Ie
against their Legal competency TO be witnessi
ia The Territory Of Florida, on the ground tho
they were negroes. The court disregardedml
exception, and, as the record shows they we'd
allowed to be examined. and;to testify on m1
trial. This chargs as proceeding ilIegE
and erroneous on the part Of the court, and,
so, according to established law and precedeH
must vitiate and set aside their whole proceed
lngs. All which is most respectfully submite
to your consideration and final decision VI
"Your obedient servant,
GEORGE LAM HOOE,
"Lieut. U. s. Navy"
That, after an examination Of the record, I'M
president returned the same to tho Navy Do
partment with the following endorsement:
"Fhe presiden. finds nothing in the proceed
ings in the case OF Lieut.. Hooe which requirI
his interference. NJ VBE
And whereas the introduction Of negrO4
and private servants Of the prosecutor as vii
nesses to testify against the characters
gentlemen Of the Navy, in the service Of Ae|
country, is practice, though sanctioned
the president OF the U. S., that will not be iu
titled, and ought not to be tolerated by southe1
men, or northern men with SOUTHERN primo
pies" and, ifnot corrected, must operate u,
serious injury to the Navy, to the humiliatd
ofits officers, and to the infinite discredit OF lh
government.
Resolved, therefore, that the Secretary 4
the Navy be required TO communicate 10 thi
House copy Of the proceedings ofthe cOut
martial held for the trial Of Lieut. George
Hooe, that his wrongs may be promptly RI
dressed, and ithe evils complained orcorrecl'
without delay.
Mr. Dromgoole inquired what measure ofHE
dress his colleague proposed by the intrOdu'
lion Of this resolution?
Mr.. Stanley called Mr. DronOoole To ordSf