The Charlotte journal. [volume] (Charlotte, N.C.) 1835-1851, 1840-07-30

trial, contrary to his wishes ADD remon.
strsnces. The proceeding were sent TO the
Secretary Of the Navy he approved them.
Mr.. Hooe presented a memorial TO the
President, calling his attention 10 the fact,
ifat negroes had testified against him.
The President, after the proceedings of the
trial we're laid before him, and after he had
read Mr.. Huoe's respectful memorial, en-.
dorsed on the papers the following words :
The President finds nothing in the proceed
ngs in the case OF Lieut.. Hooe which requires his
interference. NV. B."
We submit to YOU an extrac, from the
proceedings which have been sent TO the
House of Representatives, and ask YOU il
there is nothing" in the Presidents con
duct which requires your interference at
the polls. The following we have had CO.
pied from the original, sent by the Secreta
~ Of the Navy TO the House Of Represen.
tatiyes:
Extract from the trial Of Lieut.. George W. Hooc,
Of the L. :. Nary communicated to the House
Of Representatives. on The 2ifh jane, 1870.
James Mitchell, Captains Steward, Of the
L. 5. ship Nandala, called and sworn.
The accused objected TO the examination
of the witness, upon the ground that he was
colored man.
The Court after delibera,ion, did not
consider the objection a valid one, and or.
dered the examination to proceed
The accused then offered paper writing,
Of which the following is a copy, and de.
sired that the same be spread upon the re.
cord:
"The accused begs leave TO state 70 the Court
most distinctly that he solemnty protests against
the evidence OF this witness being received and
recorded 1t is far from the wish Of the accused
10 object 10 any evidence which the Court NAV
deem legal but the witness Is a coored man, and
therefore, in the opinion Of the accused, is not a
competent witness even before this tribunal.
&c ". HOOE,
Lieut.. L. S. Navy"
The accused presented a paper writing,
of which the following is copy, and 70.
ques,ed that the same be spread upon the
record, which was ordered by the Court;
THE accused having protested against the egi.
denoe Of this witness. on the ground that he con.
ceycs his testimony TO be altogether Illegal, that
be knows Il would % so considered before the civil
tribunals Of this Territory, the forms and customs
of which be hunbIY thinks should be closely
follow ed 6y a martial court as possible, therefore
ask leave 10 spread upon the record the fact that
lie cannot consent to, and has totally declined
cross examining this witness.
GEORGE MASON HOOE.
Lieut. L. 5. Nary"
Daniel Waters, Captains cook OF the L.
S. ship Nandala, called and sworn.
The accused presented paper writing,
OF which the following IS copy, and 70
quested that the same be spread upon the
record, which was ordered
The Court having decided to receive and re-
cord the testimony of colorod persons, the accus.
ed, 10 regard 10 this witness, can only reterate
his Oh ectious as sci forth in the case Of Mitchell,
the captains steward. The accused will pursue
the same course with the witness that he decided
TO take y lib the other colored man.
GEORGE MASON HOOE.
Lieut.. L. 5 Navy"
At the close of the proceedings Of the
Court is the approval Of INC Secretary Of the
Navy IN these words:
Approved. > ~. 4 \ ~ llJl-NNr,.
r. f.~gs pun. rs fsutr " memorial Of Liegt
Hgoe tn tts Presideat Of tie United States.
There is one other point in the proceed,
Ings Of the Court houchag their legality
TO which invite the particular attention Of
your Eycelency, Il respects matter as
10 which all Southern men are deeply sensi.
tive and, if no, oyerrnIed by your Excel.
Iencv. viii assuredly drive many valuable
men from the Navy. lnthe progress Of the
proceedings Of this Court, two negroes, one
the cook, the other the private steward OF
Commander Levy, were introduced as wit.
nesses against ne. protested against
their legal competency to be witnesses in
the Territory Of Florida. on the ground tina,
they we're negroes. Tie Court dsregarded
ny exception, and, as the record shows,
they were allowed to be examined and to
testify on my trial. THIS charge as a pro.
ceeding Illegal and erroneous on the part Of
the Court; and, $50, according to establish,
cd law and precedent, must vl!late and set
aside their whole proceedings.
L,ttcr fran tie Secretary Of the Nopg 10 ME
PfestdeHt.
Navy DErARTHEsT, Dec. u, 1899.
Sir n obedience to your directions, have the
honor to transmit report in the casa Of Lieut..
George Mason Hnoe, and to return the memorial
addressed 10 you by him in relation to the proceed.
lngs OF the Court on his trial.
| am, very respectfully, yanr obedient servant,
J. X. PAULDlNG.
Eadorrrment on The ajare icHcr, by NgJtn Van
Burca, Presideat II the Unted States nth
his arm h4Hd.
TIE PRESIDENT FINDS NOTHING IN
THE PkOCEEDINGa ~ THE CASE or
LIEUT.. HOOE WHICH REQUIRES HIS
INTERFERENCE. NJ. V. b.
Now, fellow citizens. We ask you TO con
trast with this the following from the same
book in which Messrs. Montgomery and
Hawkins fouud their law to sell good
neighbor men, or, as the law says, horse
thieves, burglars, hog thieves, and such
other good neighbor men as committed
crime, and would not work.
Extract from the same law book from
which Messrs. Montgomery and Hawkins
took their extract: