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M. Hooe refused him leave to do so,
and said, “I am your captain,” and
inflicted the number of lashes afore
said; and when he was told by the
captain that he had violated said
rules, he said, “I have never seen
them; they are accessible to the
crew, and I am not one of the crew,”
or words to that etlect.
“Specification 4 th. In that he, the
said George M. llooe, serving on
board the said ship Vandniia as 2d
lieutenant, did on or about the six
teenth day of December, eighteen
hundred and thirty-eight, order Dan
iel Waters, the commander’s cook,
to be flogged; and afterwards, while
said Waters was making to the com
mander of said ship a report of the
punishment which had been inflicted
upon him, the said Lieutenant
George M. Hooe did direct the or
derly on post at the cabin-door of
the ship to bring him, the said Wa
ters, out; and when told by said or
derly that said Waters was then
speaking with the commander of the
ship, did use the following language,
‘J don’t care—bring him out,’ of
words to that effect.
“Specification sth. In that after
the aforesaid Daniel Waters, had,
in obedience to the order of the said
Lieutenant George M. Hooe, left
the cabin of the United States ship
Vandalia, he, the said Lieutenant
George M. Hooe, caused him again
to be flogged; and upon the comman
der of the said ship representing to
him the impropriety of his conduct,
and that such an act as that which
he had committed by the punishment
of Waters had never taken place on
board any ship, that he, the said
commander, had been in, except by
the captain’s orders, and that he,
the said commander, as a Lieuten
ant in the wardroom, never took the
liberty to punish an officer’s servant
without first consulting such officer,
the said Lieutenant George M. Hooe,
replied, in a rude and disrespectful
manner, “he knew his duty ; as a
commissioned officer,” and used to
wards his said commander the fol
lowing words: ’Why, sir, you punish
ed our copk last Sunday by water
ing his grog,’ or words to that effect;
and further, upon his said comman
der observing that he did not know
that man was the ward-room cook,
and that if he had known it, it was
his second fault of appearing filthy
at muster on Sunday, but that his
(the commander’s) servants were
private servants, he the said Lieut.
George M. Hooe, rejoined, in a very
insolent manner, (tossing his head,)
“I know of no private servants on
board a man-of-war,” and that when
told by his commander he must nev
er again flog the incm except by his
orders, he, the said Licuteuant G.
M. Hooe, replied, in a passionate
manner, and shaking his finger in a
threatening way, “Very well, sir;
the next time I will prefer charges
against them;” and then left theca
bin, slamming the door most violent
ly after him.
Charge 2d.
“Uttering mutinous and seditious
words.
“Specification \st. In that the
.said Lieutenant George M. Hooe,
on the thirty-first day of December,
eighteen hundred and thirty-eight,
being on the deck of the aforesaid
ship Vandalia, forward of the main
mast, did use these words, or words
to that effect: “I’ll be damned if
this old Jew shall come here to or
der me about;” thereby setting an
evil example, and encouraging in
subordination and mutiny on board
said ship.
“Specification 2d. In that the
said Lieutenant George M. Jlooc,
serving on board the aforesaid ship
Vandalia, on the first day of Janua
rji, eighteen hundred and thirty-nine,
when Daniel Waters, the comman
der’s cook, went to the tub for his
grog, expressed himself as follows,
“lou do not want it; perhaps you
had better go in the cabin and sec
that old man,” or words to that ef
fect, meaning the commander of said
ship.
“Charge 3d.
Disobedience oj orders.
“Specification Is/. In that the
said Lieutenant George M. Hooe,
serving on board the aforesaid ship
Vandalia, on the thirteenth day of
December, eighteen hundred and
thirty-eight, directed John Dennis,
seaman, to be flogged with eighteen
lashes, contrary to the internal rules
and regulations of said ship Vanda
lia, and in direct violation of the
third article of the act fertile better
government of the navy of the Uni
ted States.
“Specification ‘2d. In that the said
Lieutenant George M. Hooe, ser
. tug ou board the aforesaid ship
* andaiia, did, on or about the twen
ty-third of December, eighteen hun
dred and thirty eight, inflict, in a
cruel u. and scandalous in miner, be
lueeu fifty and sixty lashes, with
fojir parts of a three yarn nettle, on
i off -Calvin Morgan, a bov
ueiueen twelve and thirteen years
of age, in violation of the aforesaid
Miernal rules and regulations, and
oi Hie third article of the act for the
belter government of the nary of the
United States.
“Specification 3 d. In that the said
Lieutenant George 11. Hooe, serv
ing on board tlie aforesaid ship V an
dilia did, bet wen the twenty fifth
day of December,-eighteen hundred
ad rhirty eight, and the first of Jan
iicrv, eighteen hundred and thirty- j
nine, gave the aforesaid Calvin Mor-!
gan, eighty seven lashes, or more,
on his skin, fora trivial offence, in
farther violution of the rules and
regulations, and of the act afore
said.
“Specification 4/A. In 11 1 . t the said
Lieutenant George M. liooc, serv
ing on board the aforesaid ship Van
dalia, did flog Daniel Waters, the
commander’s cook, on or about the
sixteenth day of December, eighteen
hundred and thirty-eight, contrary
to article ninth of the internal rules
and regulations of the aforesaid ship
Vandalia.
“ Specificationsth. In that the said
Lieutenant George M. Hooe, serv
ing on board the aforesaid ship Van
dalia, on the third day of January,
eighteen hundred and thirty nine,
did direct William O’Brien, marine,
to receive twelve lashes, contrary
to the internal rules and regulations
for the government of marines on
hoard the said ship.
J. K. PAULDING.
“JVavy department, March G, 1840.”
The following is the finding of the
court-, viz:
“Ist and 2d specifications of
charge, Ist not proved; the 3d spe
cification was proved, except that
the accused did not say to O’Brien,
when he proposed to refer the mat
ter to the captain, “I am your cap
tain.” The 4th specification was
proved, except that the accused did
not sa), “I don’t care—bring him
out.” The sth specification was
proved, and the accused found guilty
of the Ist charge.
“The specifications of the 2d
charge were not proved, and the ac
cused was acquitted on that charge.
“The flogging mentioned in the
Ist specification of the 3d charge
was proved, but not at the time spe
cified therein. The 2d specification
was proved, so far as the hoy Calvin
Morgan was whipped, but at what
time it was not made to appear; and
it did not appear that the whipping
was wi a cruel and scandalous man
ner, nor was the number of lashes
proved, nor that he was whipped
with four parts of a three-yarn net
tle. The 3d specification was prov
ed, so far as that the hoy Calvin
Morgan was whipped; hut the time
when, and the number of lashes,
were riot proved. The 4th and sth
specifications [were] proved, and
the accused found guilty of the 3d
charge.”
The following is the whole testi
mony of James Mitchell, one of the
colored witnesses, viz:
“Witness knows nothing of speci
fication Ist, 2d, 3d, of charge Ist.
Os the 4th specification of charge Ist,
he says:
“I saw Mr. 11000 have Waters
flogged; he had given him half a
dozen when 1 went into the cabin,
and told captain Levy that Mr.
Hooe was whipping Waters; after
wards, while Waters was talking to
the captain, the orderly came in,
and said, “Waters, Mr. llooe wants
you.” Waters went out immediate
ly. I heard the captain, say, “Stop
that whipping.” Captain Levy sent
for Mr. Hooe into the cabin. What
took place I don’t know.
“Os specification sth, he knows
nothing.
“Os specification Ist, charge 2d,
witness says:
“I heard Mr. llooe say, as he
was standing forward near the main
hatch, that “he would not be hum
bugged by this and and old Jew.” I
did not see Mr. llooe at the time—
I knew his voice! it was about ten
o’clock at night; it was dark. Mr.
Hooe was officer of the deck, and
had been inquiring why there was
fire in the gaily at that time of night;
the expression was not applied to
any particular person. I don’t
know how many men were present;
I only saw one myself. When Mr.
Hooe used the expression, beseem
ed to be talking to himself and did
not appear to bo addressing his con
versation to any one.
“Os 2d specification of charge 2d,
witness says:
“1 heard Mr. llooe say to Wa
ters, ‘Do you drink your grog here?’
(at the tub.) Waters, said ‘Yes.
sir?’ The cook (Waters) got his
grog, and started over the middle
hatch. Mr. llooe said to the cook,
‘You had better go into the cabin to
that old man again.’
“Os the Ist, 2d, 3d, slh specifica
tions ot charge 3d, witness knows
nothing.
“Ot the 4th specification of charge
3d witness has already stated about
the flogging Waters received.
“ Question by the judge advocate,
Are you in the service of the United
States, in the navy thereof?
“Answer, l signed a paper, I ship
ped for one year on the Vandalia; 1
am mustered amongst the petty of
ficers, as the Captain’s steward.”
The following is the whole testi
mony of Daniel Waters the other co
lored witness, viz:
“Os the Ist, 2d, 3d, and sth spe
cifications of charge Ist, witness
knows nothing. Os the 4th specifi
cation, witness says: Mr. Hooe had
me flogged: he gave over six lash
es: [ then went into the cabin; Mr.
llooe had me called out of the ca
bin, and bad fifteen lashes given to
me: don’t know exactly at what time
it was Mr. Hooe had me flogged.—
Os charge 2d, specification Ist, wit
new say*: On new year’s eve l was
baking cakes at the galley, between
1) and 10 o’clock at night. Mr.
llooe came half way down the lad
der, and asked what that light was;
the master at arms said it was the
captain’s cook. Mr. llooe ordered
me to come on deck: he said “he
would’nt be pestered with a d—d
Jew;” Mr. Hooe seemed to be talk
ing to himself-—lie did not address
his conversation to any one. Os the
second specification of charge 2d,
witness knows nothing, except the
4th: and witness has already stat
ed all he knew about the flogging
Mr. Hooe gave him. Witness be
longs to Vandalia, and has shipped
regularly; is mustered with tin*
crew.”
You will perceive, sir, that of the
Ist, and 3d, and sth specification of
charges Ist and 3d, both of these
witnesses say they know nothing. —
Yet, of six of these specifications,
the court, with some qualifications,
found the prisoner guilty. It was
only the facts charged in the 4th
specification of these two charges
relating to the whipping of David
Waters himself, of which they pre
tended to have any knowledge; and
these with the exception that Lieut.
Hooe did not use the words, “1 don’t
care —bring him out,” were abun
dantly proved by other witnesses.
Midshipman Davenport testified
to Mr. llooe’s ordering Waters,
who was the captains’s cook, to be
whipped for having a fire in his gai
ly after eight o’clock p. m. and for
cursing the master at arms the
same evening.
William Thompson , quartermas
ter, testified that he saw Waters
twice flogged at the gangway, and
that the flogging was stopped by the
captain.
Wm. M‘Manus, a marine, saw
Lieut. llooe direct Waters to be
flogged; that Waters went into the
cabin, and was soon after reported
for cursing the master-at-arms; that
Lieut. Hooe told witness to go into
the cabin and tell Waters he want
ed him, which he did; that Lieut.
Hooe ordered him to the gangway,
where the boatswain’s mate was
whipping him, when he was stopped
by the captain.
Lieut. Gist, of the Na r y, being officer of
the deck at the time, testified f'ully’and clear
ly to the whipping of Waters twice the
same evening, and its being stopped by the
ea plain;
Henry Baxter, boatswain’s mate, testified,
“I flogged Daniel Waters twice by order of
Lieutenant Hooe. Don’t know when it was.
‘Fhe floggings took place ten or fifteen min
utes apart. The first time I gave Waters
twelve, and the next eleven lashes. I counted
them, See. It was stopped by the captain
singing out in the cabin, ‘■stop that ioo>k.,
James Patterson, quartermaster, testified,
4 saw Waters whipped when he came out
of the cabin.’
John Norton, a marine, being the person
whom Waters cursed, testified to the two
whippings, and the second being slopped by
the captain, although he thought the first
did not exceed six lashes, and the second
lour or five.
Here the whipping of the captain’s cook
was proved by seven unimpeached white wit
nesses. It stands established as clear as any
fact can be by human testimony, without the
evidence of the colored witnesses.
In addition to this conideration, there is
conclusive evidence of the fact on the record
that the court attached no weight to the evi
dence of the blacks.
In the 2d charge, Ist specification, it was
charged that Lieut Hooe had said ‘l’ll be
damned if this old Jew shall come here to
order me about,’ or ‘words to that effect:’ and,
in the 2d specification, it was charged that
he had said, in reference to Daniel Waters
and h:s grog, ‘you do not want it; perhaps
you had better go in the cabin and see that
old man, or words to that effect.’
The black witness, Mitchell, swore that
Lieutenant llooe said ‘lie would not be hum
bugged by this damned old Jew,’ and to Wa
ters, when fie got his grog, ‘You had better
go in the cabin to that old man again’ And
W alers, the other black witness swore that
Lieutenant Hooe said ‘lie wouldn’t be pes
tered by a damned Jew.’
Although the first of these specifications
was substantially proved by both these wit
i nesses, the court decided that ‘the specific.*
tions oj the second charge were not proved,
and the accused was acquitted upon that
charge.’
This is conclusive, that they attached no
weight to the testimony of the blacks.
You will hence perceive that the following
points are clearly estabiishd:
1. That six out of the ten specifications in
the first and third charges were proved by
white witnesses, the blacks declaring that
they knew nothing about them.
2. That the fourth specification in both of
those charges was conclusively proved bv
white witnesses without the aid of the ncro
testimony.
3. 1 hat upon tie only charge sustained
exclusively by the negro testimony, the acused
was acquitted, showing that the court attach
ed no weight to that testimony.
Under these ci.cumstances, the President
was asked to set aside the proceeding of the
court, because the colored witnesses were ad
mitted. Is there a man of sense in the nation,
who will say he ought to have done so, even
had he possessed the rightful powci? It
would have been as absurd as to pardon a
convict in the penitentiary, who had been
convicted on six indictments, because improp
per evidence had been introduced to sustain
two others upon which he had been acquitted.
On six specifications, in relation to which
the blacks gave no testimony whatever,
Lieut. Hooe was found guilty;” and on two.
sustained by their testimony, he was acquit
ted.
I beg you to look back lo the names of the
persons composing ibis court martial. You
will find, sir, that lour out of the seven mem
bers composing ibis couit belonged to the
slaveholdng States. It was sir, and not
the President, who admitted the colored wit
nesses. The President was not at Pensacola:
he had given no order to admit them, had
formed no regulation, had never heard of the
subject, had not probably ever thought of
it. If there was crime,, in if, he was as inno
cent of it as Mr. Dotts, or any suckling babe
in Virginia! And why do you not turn your
(bunder against those gaiient men of the
South who admitted the biac-k witnesses, who
overruled the objections of Lieutenant Hooe.
and spread their testimony upon the record?
Why do you not denounce them as trai
tors to the land of their nativity, and demand
that their names shall he expunged from the
register of our glorious navy? They do not
stand in the wav of a profligate part.; they
Jo not hold money or power which reckless
hands a jte How ti>own to graSjffi nt rc h*
zied pSilioians have no interest in luJfcsrepre*
sentmg their acts, impeaching their faith, or
blighlingliheir honor. Devoted sons ot lire
South, tney performed their duiy, as they
thought iu obedfer.ee to the laws ot the laud,
without dreaming that they were conspiring
against their beloved country, their fathers,
orothers. wives, children, and tiiends, or
committing an act for which they, much less
the President ot the United Stales, who was
totally ignorant ol it, would be held up for the
condemnation andjabhorrence of the people of
the South.
You knew, sir, when you made the charge
that the President was, at the time, totally
ignorant of the admission of these witnesses;
you knew, or ought to have known, that in
admitting them, the officers of the court act
ed in obedience to the laws and usages which
have governed military and naval courts mar
tial from the Declaration of Independence.
You knew that the members of the court mer
ited no censure, and much less the President;
you knew that each, as their duty, had been
governed by the laws of the land, an I had
no right to alter those laws. You knew that
if the court had disregarded the law, they
would have violateu their oat Its and been sub
ject to be cashired: you knew that if the Pres
ident had usurped the power to make anew
law or alter the old, he would have been just
ly liable to impeachment.
Congress alone has the legislative power
of this Government —the power to say what
classes ot men shall or shall not be admitted
as witnesses in the courts of the United States,
civil and military. To vest this power in the
judges or in the President, would be a dan
gerous innovation, tending to injustice and
oppression. Possessed of such a prerogative;
it would b.> in the power of the judge or the
Executive to scieen a friend from punish
ment by excluding all witnesses against him,
or convict an enemy unjustly by excluding
those who could establish his innocence.
Such a power never has been exercised by
the judges, much less by the*President. In
relation to the civil courts of the United States,
Congress lias acted, and has declared that
the laws of the several States, in the States
where Federal courts are held, shall in that
respect be the law for those courts. In States
where negroes are excluded from giving tes
timony iu the State courts, they are exclud
ed in the Federal courts, and in States where
they are admitted in the State courts, they
are admitted in the Federal courts. If no
such act of Congress existed, the judges would
he obliged loadmit ail persons, black or white,
who could understand and appreciate the
chaiacterand obligation of an oath. And
such is now the law in relation to military
courts. As Congress has prescribed no oth
er rule, the judges or members of courts mar
tial are obliged to admit all persons of all col
ors, nations and tongues, who acknowledge
the existence of a Supreme Being and appre
ciate the obligations of an oath.
Well, for what do you censure the Presi
dent? Do you want him to MAKE A LAW?
Do you want him to usurp the power of Con
gress? Do you think he has the right to ex
clude whom he pleases from being witnesses
before courts martial? Do you think such a
power sale in the hands of the Executive?
Do you think the honors and lives of all of
ficers of the army and navy ought to be
THUS PLACED WITHIN HIS POWER? Why, SIT,
if the President had done that which you
blame him for not doing, if he had made a
new law for this case, or all cases of a like
character, he would have been guilty of that
with which he is so often f’alselv charged—A
GROSS USURPATION OF THE LE
GISLATIVE POWER; and would have
been, as lie would have deserved to be, de
nounced as an usurper by you, your com
mittee, and your party, from Passamaquody
to the Sabine, and from the Chesapenk to the
Stony mountains! Yet, you arraign him now
for not beirg an usurper, for nsi making a
law, (or not assuming a power which would
place the honor and lives of the officers of the
army and i.avy at his mercy, for not setting;
aside the proceedings of a court on grounds
which would place in his hands legislative,
judicial and executive powers, making him,
in relation to military and naval crimes and
punishments, as complete a despot as the Au
tocrat of Russia, or the Sultan of Turkey!
And it is you and your brothers, the Harrison
reformers, whose never ceasing erv is Execu
tive usurpation and corruption, who now atk
the South to put down the President, because
he has not been an usurper.
I turn now to ar. examination of your own
conduct in reltiion to this matter. You are
a member of the Legislative Department of
the Government; as such, you had a right,
while Congress was in session, to take all
proper measures to procure a change of the
law. In your capacity as legislator, you of
ferred, on the 12ih June last, the following
preamble and resolution, viz:
“And whereas, the introduction of negroes
and private servants of the prosecutors as
witnesses, to testily against the characters of
gentlemen of the navy, in the service of their
country, is a practice, though sanctioned by
the President of the United States, that vviil;
not be justified, and ought not to he tolerate I j
by Southern, or “Northern men with southern ‘
principles ,” and, if not arrested, must operate
as a ruinous injury to the navy, to the humili
ation of its officers, and to the infinite discred- j
it of the Government:
“Resolivd therefore, That the Secretary j
of the Navy be require 1 to communicate to
this House a coyv of the proceedings of the j
court martial held for the trial of Lieutenant
George Hooe, that his wrongs may be
promptly redressed, and the evils complained i
of corrected without delay.”
You appeared eager here to correct the al
leged mischief; you desired promptly to re
dress the wrongs of L'eutenant Hooe, and
“correct the evils eomplained of without de
lay.” The hollowness of this pretence was
shown by you on the spot; for when the
House refused to dispense with the rule to let
in your resolution, you were reported to have
used the following language, which I believe
you have never denied, viz:
‘“Mr. Bolts said his object was attained,
he was satisfied; he had got the facts before
the country.”
So, while Mr. Bolt’s resolution, was fierce
for prompt [. v redressing the toroiigs of Lieut.
Hooe, and correcting the evils complained of;
without delay, Mr. Botts himseif declared
that his only object xvas to get the facts before
the country , that, his object was attained;”
that, he was satisjied /” A s worthy legislator,
this! There were “ wrongs ss to be ‘redressed, 5
and ‘evils’ to lie ‘corrected, 5 and yet he was
‘satisjied ’ to let the ‘wrongs 5 go unredressed,
and the ‘evils’ uncorrected x his only object be
ing to make them public! Was this consist
ent with your duty as a legislator or a man?
Yet, your declaration was undoubtedly sin
cere, and your resolution pointing to prompt
redress and correction without delay, a dis
reputable sham and humbug, as not only
your words, hut your subsequent conduct,
conclusively proved. The fiist step was to
throw a partial statement of the case, conceal-;
ing the main facts and the grounds of the j
President’s decision, in vast quantities over j
the Southern States, with the purpose of indu- j
cing the people to believe that the President j
recognises principles which he abhors, and :
was aiding a faction which finds its only po-j
liiical allies in J. M. Boris and his associates.
The next day Mr. Wise, on your behalf,
ottered a resolution, simply calling for the pa-1
pers in the case, which was adopted without!
opposition.
On the 24th June, you moved to suspend ,
the rules for jhe purpose of having the papers,
then in the hands of the Speaker, brought be- ;
fore the House, in which vou-were gratified, i
it is slatf’d in ti e publiij.td reports that you
mternipieU the of the ptqVls, dg£spr*
were tifft tvhpt you espeedetf,!
ancLevißced mucii disappointment end and a-’
grin. Mr. Thompson, a Dfetnocial, (not Mr.
Bolts.) moved to reier the report to the Ju-‘
dietary committee. The reading of tin.’ pa
pers accompanying the report not having
been completed within the mofning hour,
Mr. Diomgooie the nest day moved to dis
pense with the rules lor Live purpose qf resum
ing its but your honest ref ormers had enough
of it, and voted against a dispensation.
On the 27th June, Mr. Chapman of Ala
bama, moved to dispense with the rule for
the purpose ot taking up these papers: but
your political associates again voted against
it, and the motion was defeated, as two thirds
are required to dispense with the rules.
On the 30th Jnne, the rules were dispensed
with and the papers taken up, the question
being on Mr. Thompson’s motion to refer
them to the Committee on the Judic ary.
And what was now the course of the Hon.
John M. Betts? Did he press the reference,
that the committae might make a speedv re
port, ‘promptly’ redressing the ‘wrongs’ of
Lieut. Hooe, and correcting the evils com
plained of without delay? Not at all. He
wanted the case to go to a select committee;
lie raised one question of order after another;
and finally moved to lay the whole subject
on THE table! And in this motion he was
sustained by the votes of fifty nine of his
Whig and Abolition associates, and not a
single democrat!! The papers were then
referred to the Committee on the Judiciary-
Now this committee consisted of Jive Har
rison reformers and four Democrats: viz.
Messsrs. Sergeant of Pennsylvania, MofFman
of New York, Mason of Ohio, Stanley of
North Carolina, and Barnard of New York
on one side, and Messrs Crary of Michigan,
Turney of Tennessee, Samuels of Virginia,
and Colquitt of Georgia on the other.
Well, methinks I hear the honest reader
sav, the Whig majority of this committee
forthwith reported a hill ‘promptly tu redress
the wrongs of Lieutenant Hour , and correct
the evils complained of without delay.’ Good,
sir. you are greatly mistaken. This was the
last tiling intended by the movers in the bu
siness. They had accomplished their object
as Mr. Butts originally declared, by bringing
a partial and unjust statement before the pul>
lie. To redress wrongs and correct evils was
no part of their electioneering scheme!
Time passed and the session drew towards
its close; hut no report came from the com
mittee. On the 13th of.July, Air. Chapman
oi Alabama, lor the purpose of bringing the
subject before the House prior to the adjourn
ment, moved the following resolution, viz:
Resolved , That the Committee on the Ju
diciary to which was referred the case of
Lieutenant Hooe, he required to report forth
with to this House who are legal vvinesses un
der the existing laws, before courts martial in
the navy of the United States; and further to
report who shall hereafter he examined as
witnesses in trials before such courts.
Upon a motion to suspend the rules for ihe
purpose of taking op this resolution, John M.
Butts, who was so eager for prompt redress of
ivrongs anil correction of evils, with sixty of
his \Y h g and Abolition associates, was found
in the negative, and the motion failed, though,
it is believed, every Democrat in the House
voted for it.
Tiie next day Mr. Chapman offered (he
following resolution, v<z:
‘Resolved That, the Judiciary Committee,
having charge of the case of Lieut. Hooe, do
forthwith report a hill to this House, prohib
iting the enlistment of negroes or colored per
sons in the service of die navy orarmyof the
United Stare?.’
On a motion to suspend the rifles for ihe
purpose of acting on this resolution, John M.
Botts, with seventy two of his Whig Abolition
associates, voted in the negative, and the mo
tion failed.
And this committee NEVER, DID RE
PORT. It was well understood,that the Dem
ocrats upon it were willing to unite in a report
excluding negroes fiorn the navy, and adop
ting (he same rules as to their admissibility as
witnesses as are prescribed by law for the
civil court?; hot they could find no co opera
tion in their Whig colleagues, North of South.
Even Mr. STANLY refused to join them
in redressing the wrongs and oorricing the
] evils which had so highly excited your pro
| found grief and honest indignation!!
fne REASON for this shrinking and eva-
Jding all action upou a subject which you had
so eagerly introduced, embraces matter o!
■ solemn consideration with all honest nun in the
I South. It is to be found in THE EXIS-
I TING POLITICAL ALLIANCE BE-
I TWEEN THE WHIGS AND AEOLf.
i'IIONISTS! You and your Whig associates
ot the South DARED NOT bring this ques
tion to an issue in ihe House of Representa
tives, LEST IT SHOULD DO HARM TO
THE PROSPECTS OE THIS UNHOLY
COALITION IN THE IMPENDING
CON PEST. Already the high spirit of the
j South is made to CO VVER to the mad fanat
j ics, already, under this influence, her Whig
| representatives in Congess shuffle and equivo
[ cate upon questions involving tier feelings-arid
: her honor; already, the fatal effects of this un
i natural, unprincipled, and blasting coalition
I begin to he felt injthe legislation of Congress!!
j And what is the South lo expect when this
; coalition lias placed in the Presidential Chair
1 a man who will veto no bill which cow
: guess may pass? What is she to expect when
i hall the Executive offices are filled with Ab
| olitionistj, and that faction, having prostrated
the Democracy of the North with the aid of
■ the Whigs of the South, shall take possession
■ ot the Capitol, and, with an Executive Com
mittee, aided by the funds of a thousand Abo
lition societies, scatter over the land their
pamphlets and pictures, their invocations to
blind fanaticism, and their appeals to the
senses and passions of the untaught slave?
Who then shall have the heart or the cour
age to vindicate the righls of the South?
When the Northern Democrats, who fear
lessly and honestly stand by the Constitution,
and resist every effort to violate the faith
pledged in it, and ihe compromise on which
i it was founded, shall be put down by Southern
j votes, who, in the North, will dare to raise
j his voice for the South hereafter? What
successful resistance can there he to an influ
: ence already so powerful as to bring to a
pause the Representative •• of the South on the
floor of Congress, lest they should offend the
( fell spirit of Abolition?
The signs of the times are indeed porfen
! sous. Politicians, whose sole object is self, are
crying ‘all is well’ to the people of the South,
while they are sleeping upon a volcano.
That they may awake in time to escape
the cataract of fire, which is preparing to roll
down upon them, is the earnest prayer of one
whose warmest aspirations are for the peace,
prosperity, and perpetual union of his beloved
country. AMOS KENDALL.
From the New Orleans Picayune, lOili u't.
CRIMINAL COURT.
The State vs. James Walker, alias Dr. Hines
i Well, the Doctor has at length been brought up t > the
j “scratch.” “Dodging” and “sliyir;g J! would no longer
’ avail hint. A jury was yesterday, impannelled. and
! the trial was proceeded with. We noticed Mr. Cohen
! associated with the Doctor’s other counsel.
The Attorney General opened the case by reading
■ the indictment. It charged the prisoner, James
| Walker, with having, on the 13th of May last, axled
and abetted the slave Nelson to depart from his mas
-1 ter, living in the First Municipality and within the ju
risdiction of this court, depriving hitn thereby ol his
i use and services.
Brazile Oroker, l free man of color) sworn. Wit
ness is owner of a slave named Nelson: he pointed the
boy out to the court, Nolson departed from his service
on the 15th of May last; heard about the bOth that ho
was in the jail of Natchez, and that he had been
brought to thp.t citv bv two white men who offered him
lor sale and were a!~o in prison there; he went to
Natchez, got him without difiic’-lty and brerght hi
iistne, Ha docs no! es h:s >. r s kte ,v dgr know ‘a •
nut) who Vioßght the boy to L ard ilutr
M ,nn but J -es dot now remember them.
| Wide* i. Uis Dupre, (free tea van oj color) sworn, j
• Witness liv# in Craps-aireeis; she knows the prison* |
er at thebarj. he had occupied pari of her house. (The
•slave Neisoft was here brought before tier.) Witness
recognized him as the boy site had ?ecn with the pris
oner, hfthad lived in that part of the house occupied
by the prisoner for three days in May lasi; the prison
er told* her that Kelson was his slave; said he itad
brought hsift front his plantation, but as the boy was
he had two White tuan who would take him
back to hrs plantation again. In answer to questions
ol cross-examination witness said the prisoner livid in
her house two months less five days; saw two o her
white men there with him; the iniimaty which existed
between them was this—she cooked for him, and at
: times he came to her part ot the house and disaoursnl
with tier.
It. Lagarde sworn. Witness lives at the corner of
Poet and Crape streets. He knows the ptisoner very
well, he knows the slave called Kelson; he- knew him
as Robert, such the prisoner said was his name; pris
oner said he was his, that he had bought him and paid
ifot him; he mentioned the sum, but witness forgets it.
| Witness lives ill tho same square where Madame
l.ouis Dupre hves; it was in her house the prisoner
j lived; the boy had been at his house three limes; got
i articles there for the prisoner; the prisoner paid lor
them; the time if which lie speaks is more than two
i months since, f This witness did not at once compre
hend many of the questions put to him in English
j and his replies and gesticulations dtew a laugh'from
i several in the court, in which the Chesteilield-like
Doc;of joined.] The Judge silenced the mteriupiion.
1 remarking at tne same time that tho e who laughed at
I the witness must consider themselves excellent lin
guists. The witness resumed. The prisoner did
i s\ iiness no harm; on the contrary, whatever he bought
|fiom him, he paid for; he came to tell the iruili and
would do iP.
i Adele Pelhonc corroborated the testimony of the
| last witness.
Joseph Metzlitz was sworn. [Tins witness took I
the oath in the Jewish form. He put on his hat anij
held up his right hand while it was being administer- i
e.I.J Witness has known the prisoner since the 27ih ■
April last; knows ihe slave Nelson; lie was at the !
house of witness’ father wiihthc prisoner and another
man on ihe [3th or 14th May; his father’s house is
1-171 Old Levee; it is a clothing store; the prisoner
bought and paid for a suit of clothes fur Nelson; said
he was going to send him up the river, his father was
in the store when Hines bought the clothes for Nelson.
The witness was cross-examined, but nothing was
elicited from him to shake his direct testimony.
Meizhtz. the father of the witness, was call
ed and sworn, lit* corroborated his son’s evidence to
the letter.
Here tho evidence for the State dosed.
Prisoner’s counsel declined making any opening re
marks but proceeded at once to call his witnesses.
Mrs. Marks was called to the stand and sworn.
To give this lady’s testimony is unnecessary, for it had
about as much reference to the presidential election or
tiie northeastern boundary question, or any other topic
of the day, as it ha-1 to the charge laid against the
Doctor in the indietraent.
A question war. put to her hy one of prisonci’
counsel. Tiie Judge said she could not answer it, as
the answer would be irrelevant.
Mr. Grymes.—How does the court know?
i Judge Canonge.—Because I have got commcn
sensc-
| Mr.Grymes.—O, I did not expect such an answer
ias that. I put the question because 1 t!yoiiiit it a
strange assertion of the court that the answer to a
question must, tie per sc irrelevant.
After this bii of by-play, Caroline Marks, the
and mghter of tbo last witness, was called to the stand:
Caroline is a budding brunette, a gazelle-eyed beauty.
‘ A ross with half its sweetest leaves yet unfolded."’
Caroline being sworn, the Doctor, by it ipiication.
shoved his three counsel aside, and •commenced ques
tioning her himself. His inte’rogatories were put in
tones of tremulous tenderness and whispering gentle- ’
ness.
The Doc'or—(assuming the most bland affability
an t refined cadence) —Cawo inc—do—you—know
ih—prisonaw—at—die—haw—James Waiker?
Attorney General—(looking ronnil arid affeciittg n< t
to know that tiie doctor was speaking of himself and
that the prisoner was asking tiie witness if she knew
tiie prisoner at the bar) said who is this “prisoner at
the liar” you’re speaking of—where is lit?
When the smile which this remark excited had sub
sided, Garolino nodded an affirmative to tiio doctor’s
question.
The Doctor—C iwoiine—do—you— know—whet
he—lived—las:—May ?
Another “yes,” from Caroline.
The Doctor put several questions in this style, but
Caroline was as far from the merits of the case as the
maternal parent. The judge at length silen. ed the
prisonoi: he bad got ha said, <hree ’counsel—hree
aide counsel—o defend him; if he the prisoner, would
leave the case to them, it might, pci haps, be beitci
conducted than it could be by him.
The prisoner then ca led two or throe more witness
es, who, like Mrs Marks and Caroline, knew nothing
of the case. caked on his companions in j Jio
jad, they were hi s denier resort. Some four of them
were sworn. They proved to every ihing i tit what
was probable, or what could avail tiie di.efi-r, aid he j
therefore came to the <:< Delusion that they one and ail
had a most treacherous men orv.
The case was finally submitted !o the. jury, without
a word from the Attorney General, Mr. Grymes Mr.
Jennings, Mr. Coin nor the judge. The jury retired
and in one minute returned w.tii a veultet of guilty. ’
The judge ordered the prisoner to be rimanikd.
The doctor’s lips turned iivid.—bespoke nota word,
but placed his hands in a kind of St. Andrew’s cross
for tho iron “ruffles” which ihe policeman screwed on.
He was then conveyed to the jail. •
Thus terminated the trial, which lias created such
an excitement in this community—an *xciument
which grow altogether out of the notoriety of the
prisoner’s character.
FACTORAGE
* e’oiLxssxoar business,
CHARLESTON, SOUTH-CAROLINA.
subscribers continue iheir business at liieir
JL oid stand, on Bayeo & Go. whirs, Charleston,
and are prepared lo make liberal advances on Cotton
consigned lo their care.
COLLINS Sc CLEVELAND.
Septombers, 1840. 28 2m
psoFcsAxs ©p a sLsnsr w©as
to be i--.vrnr.FD
CtEonIA lIiLUttITiiATED,
In a scries of Original Pictures, on step, with let.
ler-piTuss cUscriftioris.
THE plan of publishing in successive numbers
pictorial works, illustrative cf ihe cen cry at
countries, has long been a popular one in Eurepe, and
is rapidly gaining favor in our own country.
The prospectus to issue such a work, devoted lo
the scenery of Georgia, although novel, w ill undoubt
edly find universal favor, and be regarded as it is by
the editor, a plan at once felicitous and feasible.
There is much scenery in our Slate, lhat is not sur
passed in beauty and sublimity, ky that cf anv other
State in the Union. The upper counties abound in
scenes, which need only to be known to command the
admiration of ail who love the beauties cf nature.
Much of tiie scenery of tho north is inferior to our
own, but is yet visited by thousands simply because it
has been written, sung and “ lionized ” by autho.s and
travellers, until its beauty has become universally
known and appreciated. It is desirable that aticrrion
should be directed to out own resources of the pic
turesque in natural scenery, aud when this is dot e, our
own and northern tomists will speedily tender cur
beautiful views as immortal as our lan^uaue.
The south is charged with gvnerat indifference to
‘die progress of Literature and the Fine Arts; ad
probably the strongest foundation for the charge is :
found in her inaction in enterprises calculator) to ir rlrr
these objects. ‘4 he publication of the proposed work j
will, it is believed, be an effective blow at tins founds
tion, and a step towards the establishment of our lit- !
erary reputation, to which end much honorable effort I
is now directed.
A third consideration, and the last which will now j
be urgf and, is the intrinsic value of such a publication as i
“GEORGIA ILLUSTRATED.” It will embody j
the representations of the beautiful and sublime in j
our S'ate scenery, and aflord to all, at a trilling ex- I
pense, exact pictures ol our mountains, vallies, Aiai- |
acts, public bui'dtngs, &c., which they may or tn \ j
net. otherwise behold, but which, in either case, would
afford peculiar pleasure.
The proposed work will be executed in a s! vie su
perior to any similar pictoral work in the counny.
The plates will he executed on steel, by eijiinent en
gravers, from original drawings, made expressly for
the purpose, by Mr, T. Addison Richards,of Angus- |
ta. The engravings will be accompanied with letter- j
prss descriptions, prepared for the work, ant! in this !
depart tnnnl the editor will secure, as far as possible, j
the assistance and co-operation of our best writers. In |
short, no pains will be spared to make the work a prr- !
feet gem of its kind, to the end that it mav meet a j
welcome reeeptien not only at home hut al-o abroad j
Conditions. —“GEORGIA ILLUSTRATED” I
will be issued in monthly parts, in the quarto fonn. a! j
§5 per annum in advance , or at 50 cents for each |
par l. payable an delivery.
Ea,ch part will contain two highly finished engravings <
of Georgia Scenery, accompanied with letter-press j
descriptions and historical facts, printed on large and
Beautiful type on the finest paper, the whole enveloped
in a neatly printed cover.
Any individual who will obtain and forward six ad
vanced subscriptions shall be entitled to a copy of the
! j : ' r k. Clubs may receive twelve copies to one ad
dre-s f>r *SO, or twenty-five copies for §IOO. in either
case free of postage.
Communications and subscriptions must be add: es- |
i, V > t'AID, to the editor, Wm. C. Richards,
renfield, Georgia.
; 1 he first part, cantaining an engraved tit la
page and vignette, with two views, and latter-press
descriptions, will be issued on the first of November,
124’), and subscriptions should be forwarded prior t
that time.
Editors who publish and rail attention t:> this
prospectus, lay forwarding a copv <£ their pap?r to the
i- hi or, will be entirtli and toll re work.
SENTINEL & 11EKALI).
COLUMBUS, serf. 5, 1840.
*• Tuis Institution is one of the miMt deadly hosti i.y
existing against the principles and form of our Consh
. Union. The nation is, at this time, so strong and united
\in its sentiments, that it cannot lo shaken at this vto
| merit. But suppose a series of untoward evsi.ts should
i occur, svj/icient to brine; into doubt the competency of a
Republican Government to meet a crisis of great elan
! ger, or to unhinge the ro Jidence of the people i.i the
I public functionaries ; an institution tike this pineiratn.g
by Its branches every part of the union, acting by com
\rnand and in phalanx, may in a critical moment, vj sti
the government. 1 derm no government safe, which is
! under the vassalage of any sc f constituted avlhoriii r
or any other authority than that of the nation, or Us reg
ular functionaries. I That an obstruction could v t tins
j Bank of the United Slabs, with all its branch births,
be in time of war / It night dictate to us tlic peace uc
should accept, or withdraw its aid. Ought we then to
\ give further growth to an institution so powerful, so
hostile ?—Thomas Jeffersck.
; DEMOCRATIC. REPUBLICAN TICKET.
FOR PRESIDENT,
|MARTIN VAN BUIiEN.
FOR VICE-PRESIDENT,
JOHN FORSYTH.
FOR ELECTORS OF PRES WEST A.YD
VICE-PRESIDENT.
I WILLIAM B. BULLOCH, of Chatham.
JOHN BATES, of Murray.
MILNER KCuOLS, of Walton.
I SAMUEL BEALL, of Wilkinson.
WILLIAM ft. WOFFORD, ot liabersham.
I JOHN ROBINSON, of Jasper.
SAMUEL GROVES, of Madison.
THOMAS WOOTTEN. of WnU*.
SEABORN JONES, of Mnsct <•<■.•
EDWARD HARDEN, of Claik.
JAMES ANDERSON, of Burke.
FOR CONGRESS.
ROBERT W. POOLER,
IRC. CAMPBELL,
A. IVERSON.
JUNIUS HILL YEP.
JOSfAII S. PATTERSON,
JOHN H. LUMPKIN,
E. ,T. BLACK,
WALTER T COLQUITT,
M. A. COOPER.
The Democratic Republican par
ty of Muscogee have organized the
column to bear up and maintain tho
principles of JeU'erson, a strict con
struction of the federal constitution,
no monopolies, equal tights and
equal burthens, and have placed at
the head of the column, to repre
sent the count)’ in the Senate,
Col. ALEX. M‘DOUGALD.
For Reprer.cn ah res.
TUGS. LIVJNGSTON, Esq.
thus. w. watson, Esq.
Col. JOHN L. LEWIS,
HENRY L. RENNING, E?q.
The Demontic party of Stewart
have placed at the head of their
ticket Hint well tried soldier, and
faithful Representative, for the Sen
ate,
Capt. GREENER. HALL.
House of Representatives.
THOS. J. STEEL,
TOMLINSON FORT.
GA KL \ NT) ST ATii AM, IN:
INDIAN SPRINGS MEETING.
Extract fiom a letter wiiitrti ftoni
[the Indian Spring.-', dated Wednes
day, 10o’clock A At. “Every place
i.s full; the whole surroundinii - hill.- ,
valleys, and dales, are covered.
The number is variously estimated :
some say 7LH;O, and none fay ie.m
than SUOO. Tho Democrats tire up.
The burping- the Constitutive of cur
beloved country has put ami is pra
ting to fii“ht flic Log Cabin and
Hard Cider advocates. The Fed
eral humbnggery will not mislead
the honest yeomanrv any longer.
Colquitt, Cooper, Cuihhcrt, Lump
kin, Glascock ;!!(! a host of demo
crats two now here. Mnj. Howard is
now addressing the people. I; is
now i() o’clock only: by 12 o’clock
the number will lie greatly increas
ed,; for “still they come.”
INDIAN itIU EIDERS. On iho
13th lilt, the savages appeared on
the smith prong of the St. Mary’s
livor, and mmderod six children of
Absalom Cosscy. On the 15th,
they surprised the house of Daniel
Green on the Suwaney, murdered
his wife, wounded his daughter,
murdered the wife and two children
of Joseph Howell, and exteded their
ravages up to the oid Fort Gilmer,
by plundering and bur ing eleven
plantations. On the 19th, they at
tacked the residence of Archibald
Hogan, (old Fort Maniac) burnt the
outhouses, and killed a Mrs. Patrick
and a M r. Da\ ics and two of his chil
dren, hut were beaten oil’by the rest
of the whites. Their number is vari
ously estimated from twenty to one
| hum red. Most of the w hites were
! footed at old lull * one’s andCaptaiu
Sanderlain’s. Part of two compa
nies of dragoons were at the latest
! dates scouring about the Okefeno
! kee, and, under an order of General
| Charles Floyd, Tracy was endeav
joring to raise a company of fifty
men for thirty days. /
fi E O UGIA ILEUS TR A r FE D.
The prospectus of this contem
j plated publication will be found in
today’s paper. The character of
the editor is a guarantee for the fidel
ity and judgment of its execution.
Patriotism as well as a taste for the
jarts recommends it to the patronage
i of our citizens.
! To the People of jtfusccgee County.
In uvo of the city papers of last week,!
perceive that there are four interrogatories
propounded to ail llie candidates for the Le
gislature •::c county. Acknow
ledging, toil rig! of the
people, 1./ ctii. 7 ft
any lime be b
|for a earn) <. i;. v;:.: >i ,
oj. iruons in h . .
solemnly imp • r • . t j;
the imperious or ; ■ •. ‘.. •>.
answer all seen inierrogatones m un
reservedly; and, as I am one oi ii.. se now
before the people as a Candida a bu i seat in
our next Legislature, .ant! knowing ■■■ !l weii
ti:at con: t*ioHf iwtocchee “shun, t•. < t -dons