Madison Whig advocate. [volume] (Canton, Miss.) 1839-1841, 1840-08-01
easo Of Lientrnan, iIooe.

r..nl, tni fayt ouf fesaifa w me 0rHs
tenn, that the Caufi erred ln adHtu,nt ihri s',
m1uy oil negroes upon The ldalDf lculeaoH'
Hoos uf ut1 Untsl al4it Nrer " lolloNf
os0msuer 81 course, 4 ibo Coufi ~es ia fuor.
Mr. van Burrn wus boana io sri asite i's 'udg-
mont Sc refused 10 DO 80. Nov what are
tie fes-sos allaeaj "a iusilhcation OF the
Court, ahdasah rxeasv 70, ;hs og@'se pursued
nv %g Van E1t8nr .,.,.... ....
lst. Mr.. paudng says such "a the "cusiom
ia ths Navy NJ tbs Ve'iee states"
qnd Tbr q. &. Distrci Attorney saws that
athe Court did not decree upon the strength Of
tho negro tsamOay but upon other evidence
~. W i 49,. !. .ss,absh the chalg
exclusive OF the negro testimony
These are the excuses offered Ter Mr.. Van
Buren's conduc, in relation to this case.
We cay, LIST. That no such custom EXITS in
the Navy Of tho United States Because the
Navy hes alwnys possessed officers born and
cd in the alave.holdng siates, and they
would not have consented to the continuance
Of, OF have nbnittod to be governed by such
custom
End II il had been tlgiom Tie Secretary
of the Navy would have rested the defence Of
his conduct upon that alone, when in fact he
aludcs to it incidentally only, and hastons TO
onsconce himsoll Behind the balwnrk Of the
District Attorney
Sd No case has been udduced BY any of
those who have argued in support Of Mr. Van
Buron's course, in which, upon the trial Of m
officer in the Navy such evidence has been adj
mitted.
But aside from this, eilfion must have cor-
tain requisites In the first place however, let
IL be remembered that in the United States
there arc in legal acceptsiion, no customs
The Courts Of the United States do not rocog-
ui5e the existence of q "ler non 'criptan, and
nothing in this country, 30 far as we are in
formed, can be set up as a custom But if this
werc the case, still the admitting OF negro tes-
timony upon the trial of white man is no
custom, Customs are general, or they are par
ticldGr. THIS cannot be general custom, for
general custom is defined TO be "the uniyer-
sal rule OF tho whole EiigdoHi t8T fsFgssfFa
None will pretend that II is a universal rule in
these United States to admit negro testimony
upon the trial OF white NON II is not ST. in
the slave holding states nor was il ever the
common law of those Stalee, as we have heard
some pian6weHites contend. Each Sluie in
,sA,s utaiap-aslap,s1 itlhnks proper, the com.
mon law Of England, and as much OF L as ii
s : en- >sJpss'..>'~sS,ss scvs'sn...~~S
of it's inhabitants. No more. A part of the
STATES have not only never adopted, such COM
mon law, but passed statutes declaring that
negro testimony should not be received in the
sRse Of white man. Wosay then it is not
geaeyel custom.
/, is not particular cijtoHi, 10 fof the foGgJi
above assigned, and because i, does not con
tain the requisites TO constitute it such Gus
tom. Before particular custom can exist
must be authorized by law. Where 10 the &C
of Congress recognizing such a custom in tn
United States Navy? Unjust have been use
so long that the memory of man runneth NJ
10 the contrary, for ii any one can show II
beginning Of it, it is not good custom
the admission of negro testimony is SET up as
custom in the United States Navy, can no OF
show its beginningl 1t must have been coah
tinuea II must have been peaceablc, and a
guessed int not subject TO contention al
dispute, II must be reasonable. Thus it
shown that the Court in the case Of IIo
could not have claimed tosact under the authc
i,y Of particular custom The admission
negro testimony in the case Of Leutena
Hooe was justified by no custom, either gener
or special, as we think we have shown.
But even il such custom were proven
exist, every Southern man will say il ia not
good custom, and the law says il a custom
not good one it shall be abolished, its eslc
isasd marin being ".Mah, ts,s a5olenda, e.,
Blu, Mr.. Van Buren, differs from the South a
says that it is good custom By approving
the sentence Of the court that tried Lieutena
lIooe,
We contend then, thu; the Conris Of the
nited States do not recognize casioms lfth
do, that there no custom either general orp,
ticular, that justiics the course pursued by t
Court IN Ilooels case, and il such ous,c
does exist, that ], 10 bad custom, and Mr. v
Buren,, upon the application Of Hooe, was bou
10 zee that It was abolished, By directing n,
,iidi n that cdsrf,' itPon gitGia ida; ast
testimony had been admitted
Blu, Mr. Van Buren's District Attorney =
man whoue fame ia, 90 far as the world is
formed, yet slumbering in embryo, who h
during bis past life preferred modest obscurl
-'-- tsar as..sa .seys
c1Sfr, conYicted Lieutenant Ilooe upon 9th
testimony than that Of the two negroes, and !
loco foco papers say that The negroes did n
..s,ifr mon The reinrs on which tho conyicii'
s~-"".~ -. .ss.s..~.. =