t i 1 1 f C 1 ! 1 ' TO.MY, CONSTITUENTS s- ' OTM-FITTl'l COjrGRESSIOKAlf district, J .owned, whilst Jadopting bis rccimtnendalibn, ! thai the plitMuomm.i t fi pltshedin the form proposed under tU Federal Konsltiuli n,cs it ttands';" or, in otfur voids, ! Composed of ihecountiuofj fanner, lienrico, j Pe,, hadf discovered that the President loi .sJ"ew Kcfll, Charles" City, and thi ' City ofUnA'feenmenac(i.i;phn which i he j did not convi '-i -Jlichiiton "CTr " ' ' rhii.k co jld be constitutionally or safely acxora- assao lSaVe seen ? of irtof 7iame tfd norfi- V P" C"4f had adorned wit!, out ar 'n- their 1,w . -. f-..-.r. , ..-:v i,r r r tern pi to watsfyjihe measure, aod be not only da- ing li ficalUm" a etier recently -wnttea by ibePreM f oi Ji.v.-iuiy.niliir h.ms-lf ht denies that d ; a i J I m ' i ri. : i"- - -." . ',.vr ' ' 1 - - 'r. i r- ' - ,.- '-.v-. -. S"l - ., J , - .- ' - ;-.. . , ' . .- - ' .' , ' i-j-j ;f --.. . a . t - - v I ihi i :vLVt' V-;', :cLi:" Courl, !iTfh qhb lfre.i4 iBeAliiqwiiKmof m trth ndinsf n?;f yompra in? - If tha iei inieifcienc?. .V ; - , ' ' ; 1 of .he -pfc'vld i in; Congress -tt. call .ah a II ha f g?nd giiMinff ? " l lhc H I find a letter published by Mr. Undue who co..loir d 4 r caimaiatMF and Jibelkr. fiarh commended or f 1" L V uren out; of h.3 d.fficoUiev written asaol8,Un!Rhchi,, Kendall and BI.Krad .. Mi. Paulding, and bearing, data April their dinj dribblers. I utterly disregard, but cmn C thai ,mlf comWitie. did mean to J5tb,.1840, fourmontha afier, preceded by e2: ar.!? CC.n donbt is what U cdttonal article vwhich with the usual . deori;.tbVUon;;State' j he bad recomrofrided it j deaies that he had e :irnit if apnlieinen in V.!iT.hth i'dtTrio 1 r tn li s difiia iV.at tt w matured' ("fiiark which heehartresopon the and oiber gentlemen iua wora ! coni more man ttiree monms sht vvs thai therab were furo nUnf. and that It ! - -.- - i ' - . . an oiwnce wnicn,- ii luanoea ti fruui, ly expose, me' to yonr censore, and to theamtnadj teraions tf every liberal and - honora&le! gen tie - Ha has charged w wiih hating "jBohscnberf ntr nams to statements that he had, in his an- " nnaf message, expressed his approbation of a vlan." fmeaninz Mr,; Poinsett's n? :n!Qr the ot ,i-.nn of th miliiia. 1 nhicii nolnnlv ne- er naiJ Deen auomuiea io mm, cuv whs nui even matured until U.rea mptha alter ilja J inWf ga Tvas sent to Congress, and an attemptj to 'prof a the Qufoonded.assuQiption by the publication of a gntrbied extract from that document; min liro meaning f lsified b the suppression at a matert al part." -'"H. 'V:- '7 ; To avoid all difficulty or misconstruction, how- . eve forgive helow; the. extract irona!S&jr.. van Bren'8 leMer. - " -' : 1 , In sneakine of Mr. Poinsett's plan M what is iTanarill na n nlan fnr i"i Slanrttnr Army .the President saya ; -L .7 Unfair- as these animadTersM.il are thos shown lobe, this has not been erea tue worst as " pect in which they hae. been presented. . . We have ben compelled io see. not; I s'pirold think, .wtfhuat sbame and muriiftaaiion on the pari of r o a r v inrronnni. mtn i. wiixiv.pr inaw-tm ill. rui. luteal preferencesj toe names! respectao'e cut zena subscribed io 6tateraens that ! had in my j ;c anbuaL message expressed yfy appfobaiioo of a 'plan, which not "only nw had bein 'sabmitted to ir-p, bul'was not even iiatnred urvtil more than . ' . . . . r . r .three months alter the message was 6eni toon gress ; aftd an attempt to proe tlie ;un founded assumption by the pnblicalion of a rarbled ex- tract from that document, with i s true meaning I4.aifieu oy me soppression oia luairuai pin Nor was the avowed obtact of thesA exlraordtna ry proceedings - Irss remarkable than the acts -fihemselTes, being nothing leas than an attempt : to fix upon me tha design of establishing a stand inc Armv nf tvn timidied thousand cien. Tor no mtcai ; ano. persot.ai purposes, it i nan oen T nhattred with the design of establishing arootig yp-j,ai jhV public expense; a menUgeri of two t hundred thwisand-witd beas'is, it woufd not hate s sorprised roe more, nor would it, injmy judg ment. hae been on" j)i more preposterous. " it II f M - I I 1 . . . al... . B . i aui, iur.unaicij, jcnueiiirii, uj ocii . 'i'iir.oiiDii'L-9 h( ihia ftfrnraclAr. 'jnd hnv with af, an abiding confilence in the in:teligence of ibe people, which rehdrrs thein proofjagainst all 6ut; aueiupis w ueceiTt? iuwlq ii i unuersiiiii'i , my own feelings, my chiet regret in jwiinef-sing such degrading exhibitions, arises fronia'consid eraliiiii of the opinion, which foreigners, who hare not the same reasons to respect' pur politic ' alinstitotions that we hare, are likely to form of the ebaracler of our people, whin) they see tha t conspicuous men among us can promise them - 6s.Tes any advantages from attempts Uo delude ' iiioir iBnujw-ciuicns, oy uibhiis vi suuiij uiuusiruus absnrdities. ; This regret is, however, I confess, materially diminished, by the conviction that the fore dime, convince thuse who attjstiipt in this manner to operate upon their credulity, of the fylly of seeking to accomplish, m this . coqntry, ntjlmcal ohiects bv.siich discreditable Jmeans." i ----- - - j, - j - - - i -The resoectabld citizens here SDoken of. are understood to be the Executtve Committee, as it tia been called, of which 1 was a member ; and if I have been guilty of the crTence charged upon inet l have dooe that which no honorable man isjhe other pan, which no eye has tt.il Iia i.Kir.l I il tin .-nnm man A Ml ft f a u M iuicuuc ever seen, nd he BhaM charge upon me no s.urb offence witn impunity, npweyer ctstinguisuea pisetauwii may be fo, jwrie from what quarter itmay i pronounce it false, basely and unqualifiedly false, as far as it applies to me - -v f Thus far, fellow cittzens, bad I v proceeaea in vindicating! m vself. as tour lepresentaiiye, from tr prssume thai rot been maturfd. and which be knew netntng about. Then, khat are we to think of the Quali fications of a nraa to fill the high vffice of Chief tt to tecommend, we are bound the charge.ptefet red against me by ihe indtvidu H n.it.ABlan that he says had I al who fills the hiah i station of President,- and r-- . - . . i . t. t i w&onow stands, beforp you aoi.ciung auo eu treating yo Suffrages for an other term, and re sort in tr to means for ibe accomplishment if his purposes, that should make a gentleman blosb, when my attention was arrested by a correspfin dence that has occurred between the Hon. Rica Garland, of4 llonisiana,: and the Hon. John C. Clirk.of Neivi Yorli. two members of tha .Ex- ooniiva Pfimmii tp. nd the President, which I Maaistrate i f the United Stales, who will tec ommend,and in sueb strong and ounsoal terms, a measure for the adoption ox tne country, anu wbicn, if adopted on hi3 Tecommendaliw, ne would be cumpeilod, by his calb of office, to re ject as onconstldUonal 7 This coold oily be reconciled by the conclusion, subjoin as being! in perfect character and keep- that he had in all .respects, followed in the foot steps of his illustrious predecessor, and was not in the habit oH prepanog his own messages to Congress, and did oot understand them wnen prepared, and therefore Itke him, bad ?o send in explanatory messages of what he meaut, and to deny the only lirational and sensible cons'r-ictton Ibat could be piut upou H. liut ne cenies inai the plan was niodured until the month of March. This raises a question of veracity between Mr Van Baren and Ihis tJcretary on the one band, and the Hon-f Bamnel S. Phelps, a Senalor of lbs Uniiad States from the btate of Vermont, ine; with w!ba(tiver lama nates from that distin- goished citizen It states wnat mj. vau. wu rn did nnt rnpau. ibut fails lo state precisely what be did mean : and aftei reading the whole I shall leave it to you to determine, whether there is any fa tber disposition manifested to e- nniTncati. Ill I Messrs. GaVland and Clark enclosed to the President the (bctraci above quoted, from his let ter of the Slst' puly, with the following note : VashIngton Citt, Ang. 13tb, 1840. ' Sir : The Globe of the 10th iost. bas been shewn to os, and otir attention directed to a por- CHalSB iu ! fr-.7'- . r eyeijr memberoi n i. a. that fie cia mean iq - for if he did not mean mai - no for there was nothing else to recommend, but that one idenucaplan that as transmtttea fi w annbali report to tba &enaie, ana i.iu MilitiatCqmmiiteaf that body; and wbPJ1' never been suppressed. .. , t ; , 1 fee) conscious that I have vindicated myself JnA m .Bciata on that Commitlee. from ihe fuol aspersions of the President, and fixed opun him stYeast jquatiij for which his h. Illustrious Predecessor' was not remarkable, that ot sum flina, dbdgibg and evadiog responstbiluyr -. j If the President in his letter to Messrs. uar land and Clark intended tp exhonerate the hx ecotite Committee that has been so violently as sailed in his official organ and other presses under bis ingoence. from all censure for what they have done am sorry he did not express himself in such terms as to leave no doubt of his true meaning, particularly! as he finds his wri tings generally liable to gross misconsuucuona , decencs of that print,' is headed. " Ae ntr gtr bulmiss Uom whichT make the fol- TbHast Vffr origifiated, irtih Jonri m Botts, a member of Conaress from tbia District, m the shape of a resolution of nqmry into the rocetd. ;pcs of a certain Court il atlial, held on board .t-fe'KSliipr.-.Warni'fee I. -.orninff'reiia!n charges against Lieut n M Hooa of the Navy. - 1 b charge? drawn Irpra these i proceedings ?hd as set forth in the Whig of the lyili.eaiionaii), arid by a congressional correspondent, none other we doobt not than the Hon.: Mr. Bolts himself, (about which bye the, bye Mr. Ritchie was mistaken) tV tbat Mr. Van Buren has sahctipned and approved the in troduction and reception of negro testimo ni aoainst white persons, m he South, in tiolation of law and usage thus furnishing scornfully trif;t stKh testuiumv and his decisic idem If this , did not the Va .Why - has not t' Blair, Kendall free access to i shewn a case ? tell - - - - - v k before t Do could cite a r: content therm it is the pra;". practice has ! Jackson stt c: grounds ? I) place at whir!, . . . w ...... ia . 1 niib Tf II ud, m and a member of the; Wiliua commtuee latnai 0f a letter 'published in it. purporting" to be body.on the aiher, ear what wr. rnetps fr bj . .j dal;d lbe 31sl Julff i840,ad savs in a letter written on the 20ih of Jane, . tZmJ? J,a n FiiTaKih Citw ca.. Virginia. The pari of ihe letter lo which we wish to call jyour attention, is contained in the slip now enclosed, cut from the newspaper. W e submit it to yob in this manner, as we wisb you to see the letter as published ' We desijre? to be informed if the language used in the. slip, or extract, from the Globe, is yours, and also to be informed if the pamphlet published in ftb'is city on the 26th of May, 1840, by oureelvesand others, entitled Plan of the Standing AWy of 200,000 men,' &c, 4c , a copy of which jwe enclose, is one of the stale men5 to which yoo allude. We n quest a reply as soon as convenient. ; Very respectfully, . uYour obedient servants, more than a month before the adjournment of Congress, wbpq has not yet been contradicted, denied or noticed, except in the manner denied by the President in hi letter. No member of that ComrotltS?ein the Senate, either during the session of Corjress or since, bas denied itjand he eslablishesfbayond alt doubt, that a plan iden tical With thalf djobmiued on ihe 20th March to Congress, wa!sp5mjued wiih the anouil report which aacomparlied the President's message: if not true, wberp ii the Chairman and administra tion members fjf hat Committee ? Why have the not spoken! ? , HarU's Ferrt, June 20th, 1840. Dear ir j tn answer to youi enquiry, I Have only lime to sayl that ,very early i tb present session of Congress, aiill in form epianatiogjas 1 understood, from: ihe Secretary of War, was laid before the committee rf the Senate on the .Mil tia,of which cbmmittea I amamemaer. That bill, which I suppose accompanied the annual cnmtnonication'ot the Secretary of War to Con gress, was- in all important features, identical with the phn communicated by the Secretary to the coramirteeirithe H. of Representatives on der date of the 20 h March last. The bill to which I allude icasfor some time the suhjeet of enamrxi bv the Committee. What has become R. GARLAND, J. C. CLARK. Hon. Martin Van Buren. Wasbinoton. The President returned the following reply : Gentlemen : ( bave received your note of the 13th instapt. Vhen my letter of the 81st of July an extract of which you have enclosed to me was written j I had not seen the pamph let to which you have called my attention, and of course, could not have alluded to it. On an examination ef that pamphlet, I find ii y rtlinrt ia 1m in thatp U'nrria Plan nf the tfit or why it has not been printed; l know hot Standing army of 200,000 men submitted to out insistfciftiq out was reporicu, anu mo mi- Congress by the Sedrelary of War, and recom fed with the annual report, is not to be question- j meDded by the President of the United States,' and in the note of the 27th r'SGthV of Mav last. I would explain further, bat havio? already signed by youjself artd others, you spoke cf the ed. made a wrttienistateaient which is now in the hinds of the publisher, and which will pribabiy be published, 1 jrefor you io tbat when it shall ap Pear- f , 1.11 n ' I In haste yonrs, Ml SAMUEL S. PHELPS. What, then, does the President mean by say ing the plan was not matured' for more than 3 months aft? -Does be mean, that as ihe Secretary originally proposed to divide the Uni led Mates into emhl military districts, and that leeommendations and projet of the Secretary of ar ior ine j re-organ ization oi ine miinia oi the United States,! with the approval of the President.!) I also find that the extract from my message of lbe 2d of December, 1839, io which the project of the Secretary for a ia or gamzaiion of the militia, contained in his report of the 30th of November, 1839, is recommend ed to the ' tonsidtration1 of Congress, is cor rtctly taken. Inasmuch as the tetter of the Secretary of War, giving the details of his plan, contained liMlsParaphlet, and occupying ihir but his partu&Aus still assert, on hit authority, evidence r f bis disposition to ole- that we have garbled. iaisineo,ou ui..,...- the blacks to lbe level cr ' white men." r,.;i".: 1 wm if he-trhHiot most pitiful humbug Kvety thingcotinec ed choose, to assume the responsibtlitrotj saying to I with it will no doubt shortly ppear in shape whomhedidrefer,EtIeaitohaveexhoneraieiJus, of a report from ihe. Wavy liepartment to which surejy is not dona by imply saying he did Congress. ; In the mean time e subjoin a not allude to a parapblei that he bad never seen. et wnicj1 j, been banded us by a gen- a President, however,as defended tleman, received from Mr i PauMtrigduring his hurh station, with unbecoming and bomiliat- f t s$aMtr ..h tZ " tn the last spring, which of xUelf exculpates iny oosenaiuusuess, iaw mcf"iii -w i , , . r, - ' r penly no, 1 should ratner say,cov-1 i; rnjww "z, - Idiously for lbe prize at which he fair J,v';S 1 . Then follows tne letter ot wnicn ine ioi lowing is the :1cpncludiog, paragraph Und this it is, that exculpates the President and dissipates the whole aflairi x It is not deemed necessary, (says the Secretary to go further into' this subject than merely to add, that the President had iiu- thxng to do with the court or its proceed trigs ine jucgement oi . ine, court was. approved and carried into etlcct by order of this Department the apj roval of opiDr ioo of any higher power was not necessary: Very respectfully, . ; ; r Youi obd'nt servant. v J. K. PAULDING. r:On the 14tb December 1839, the Secre tary himself addresses a letter, enclosing a report of the case, and memorial of Mr. not ascertain with certainty, but have understood J Hooe to the President as the appellate court, electioneer open ertlv and insid aims Ha bas written three electioneering lei tere in the course of a month . one of which re lates to a subject wilb which I have bad some concern, and which I shall here notice. I mean the Hooa case a brief history of which I pro pose to give, and to show that the shuffling and evasion on this subject, has been no less than that on the Army Bill; In the spring of 1839. Lieut. George Mason Hoae was arrested and put upon his trial, before a Naval Comt Martial, on charges and specifica tions preferred by Commander Uriah P Levy; ' The Court was formed of Captain William B.Shubrich,of South Carolina,Captain Laurence Rousseau of Louisiana, Captain Beverley Ken noo of Virginia, Commander Benjamin Page a nati ve of England, Commander Hiram Pa old mg of New York, Commander William EvMcKed neyt whose name I do not find registered any where among the officers of the Navy in the Blue Book, and whose nativity I therefore can he is from one of ibe free States, and Lieut. Ja. P. Wilow of Maryland. - Mr. Hooe was put oc his trial, aod on the 30th May, James Mitchell, fa negro,) the Cap tain's steward and private servant, as the rec ord shows, was called and sworned. Mr. Hooe objected to lbe examination of the witness, on the ground that he wis a colored man. The Court, after deliberation, overruled the objection, Pens act)! a rtf ny in the ca?? There is no ? do not believ. stance upor. 1 1 istration. I ; court were hesitate as to i Suppose thi ' the whole S ;i of law, becv. men can be . T i nave shewn far. as couhJ I ern gentlerr: aud one from the birth-p!:..-bers. sticJi t - - tt be receive.' statue, I am . lo the two r ber, wotil l c prebend, f ro was precis lv was dividf ing ihe Pti -not hesitnte.' gets his sj from the rv: of the Jut'ics to sav,thrt l! ready crowd was not rcfir July, arid C of the sarr. n : discharged f subject, fur I it. Now :: and Mr U ' for what t!,ry speak disrc for I have t what value subject ? so muen and Seer ci ure nor act i by the Pre vocates sir. the last supreme tribunal to which tt;coud be referred. The President affirms the de cision of the court below, sees nothing in the proceedings to object to. or to tfq'iire nis intenerence, anu; on mo 10m oi yipru ioujuac following, when there was no expectation I Governor that the whole proceedings would ever reach its ruins, : the public eye, the Secretary certifies that jshoukl be per, which was spread upon the record at bis re quest : t ' "J J ' - r - -'J l l l aW-.Ai An t Kill lalat a hAnneiH I in shame whenever an honest man looked me in V jv-- 'een rft, pages, is dated March 20. theface; H oiv.oe i. inw pn, inat mererore ...e as iS4te Bs after ray message, quoted I bold it to be not only my privilege, there- 001 XVV rT1?' f Pclcdf "lllhe b, fyjti Congress, tba intelligent fore. ibut my duty, to reply lihis assault on my m.on J ' &"ch a qu.bole or subterfuge anweffaderVill not fail toper- rl.sracrer.as well on 7o",mnnl as! my owrl l be.rr; coftteinptibla and unworthy of eiMcSf 'J.on and introductory note can aVd a painful Wnty 1 prof ess it is for I cannot the h.g-h statipo he occupies than another he noiWii Bliirginr me wi-h having treat tboh3tter,of the P.esulent.or the President has resorted tnji not at the insi gatton ofhtsown r.conieofcX)pproved the intents of tha' hhnIC with t ho respect that i3.nceded to be cunsc.ence orudgmeot, but at the suggestion of Whether the caption of your pamphler, due to one wbo fills the highest tffice in thelgift Jha West of bis pandarers.. It i thai the Pres- JoVar as itiimblies that ihe Secretary of War km- r i "Jenl did not feive his sanction, or m the language w w.cLi i n, .il.. t k,.. .i lmMA . iia uiuin;ovu vi sf a I iiaio j CUVUIIUCUUCU . a . Pho President, herrt directly deojes that he iVid express bis approbation (f the plan of Mr Puineet, whtih, he says, never was Submitted to nun, , ana wnicti as not matured ior ;re3. , Let s see, then, what lis ihe pr . language usedby the Prtsidenija bis annu- WW... nun h n as uui utaiuiu iuj iiiviic than three monihs afier his Mcsaase was cent to Con 2 else 1 al llessaje. (.It re is the extract from the Message, t)geth er with the cirtificaie of Mr! Hugh A- Garland, Clerk of ihe Housed Representatives, which 1 appeud, because lbe original Message cannot be in the hands of all those who may reed this fet ter, nnd because, in the absence of some such proof, a q'testtoh of veracity might be raised by ih partiauns of the President, as hej himself has denied that he did express his apprubation of the plan, and it would not be strange, therefore, that those who bave never seen bis Message, should deny-it for hirn : rf;-, "t j . --. ) " of his letter, Bid not express his approbation of . L I I i !-. II-.. I me fnan, as ne oniy recoromenaea ii to ine consideratio)iij of Congress. Not for its adop tion f Oh tico! Tbat never entered into his brain He only recommended it to their consid ration, to see: how prosperous, how impractica ble, and unconstitutional the measure was, and for this par pose he could not 'recommend tf too strongly1 ll r JJoes the Resident not know yes, he knows, Standing Army ot 200,000 men," does justice! to him and myself, tbe public wilt decide.! i Yours, respectfully, II ; M. VAN BUREM. "To the Hon. Rice Garland and John C Clabk. ; J " WASHINi3TON,AogOSt 15, 1840." Upon this, the Madisonian remarks . "It will be! seen that the Presinent axnreselv becausefhe bid his eye to that when be penned ytxeuipls the publication pot forth by the commit- his message, hut do not his uaterers and his a- pol'gits know that in recommending ibis plan to ihe coiisvitration'' of Congress he followed the languageof the constitution, and did precise ly what that instrument authorized aod required him to do? 5 Let u3 look 1 e the Constitution. What is its language. ? 'Phe 3d section of the 2d article declares! : ' He shall from time to lime give to the Con- tt;-j infnrmJiiinn itlhn atnlp uf lK ITi.i.in anA Extract from the message oftheiPrcsidentofthc recommend to their consideration such measures oe to inc two nouses o congress as he shall jtide nwessary and expedient. Now . ZJeccmier 21839. J wherein hasjithe President departed from the ' " The present condition of tha defences of our langoage of the constitution -except by stiying ha prhieiput seaports end navy yars, as reyresent could not fo strongly recommend, which, is to fd by the accompaniag report of the iSecretary of say, it so entirely meets wiih my approbation War, calls for the early and serious latteoiion of that I not only recommend, but press, urgently Congress ; and. as connecting itself intimatplv ores?, noon Ibur consideraii'in the nlan nmriosed. lit. 1 1. : ... 1 1 . . 1 1 . . ts t tec of which Messrs. Garland and Clark are members,! from the charge of containing any , j with this subject, 1 cannot recommend loostrontr u ly lo your consideration the plan sjubtniited by that officer for-tba rorganizition of the nilitia of the Orntfd States " . ' .' " ' Office House of REPRESENtATivks, May 23. At ihe; rrquest of a membet! of iConsress. 1 have compared ihe above extract frum ihe Prtst denl's message with the original on die in my of fire, and find it lobe correct, and tojbe all i-on-Uined in the message that relates lol tbe subject i -of the extract. . i . H. A. GARLAND, Clerk Ho Reps fj. S The President, then, not only pcommends the plan, bat he lecommends ii in terms out osu ally employed ; in lerms which leajve no doubt of its luviog met with his entire and ucqnalified appmbattun. VVhat plan was it that he thus recommended to Congress ? Why, the plm submitted by that :.. officerthe Secretary ol War, f,r iheorgan'za--1 ion of tha Militia. Submitted lo whom to a Congress ? No ! for the Secretary had nnde - report and submitted no plan ! tu Cunrress bad made his annual report to ihi President of the United plates, in whici he suggests the Subject of the organisation of the militia, but says tha details had better b leftsubjeet 4o regula li.in a plan of which I am prepared to submit lo you, (the President) tchich pUn for ihere " tMs neer been bot one be cann!t too strongly rcmmend.! If this waj not the !an he rectim- meaded, what plan did he recommend t Why are we kept in ignorance and darkness as to the tree phn recommended .? The j President dis . fiveySi on eSlit July, afrergepsiets had ad- which ho niW savs be-ne-ersaW, never appruv ed, and bei.efves to bs uneonstitutionat ? He is only author:d to recommend to the considera itnt) of Congress surh measures as he may dtem expedient and necessary . j I vt ili noijaiidertakt to characterize the con duct of the Chief Magistrate of the Niibm ; whether it he a pettif. g?ing quibble, a gross e quivocalidn,jor whether it deserves narsher ep ithet, when he denies that he had expressed his approbation of ihe plan. I leave to jthose who have topassopoii hiscunduc'j to determine. But the President savs : We haveattempt- eu Jo prove he unfounded assumption, (t. e. cf h s hating recommended the plan) by the pub! cilum of a garbled extract frtmthat document, :.t"a 2 at a wnn us iruv meaning tawnu oy ine suppress iin of a material pan : this, of coarse, if the Pres ident writes; g'od English, relates to his mes- sage, tor it twas nly by an extract from his: mes sage that we .undertook to prove, 'that it did meet witn nts approoauon. ajow i navel pro duced the certificate of the Cletk ofthe House of Representatives that " lbe extract je eopit-d was not ouly correct, but that it teas all in the message thai related to the subject If thlere is any ihing esa that does relate toll, why did nm ibe President in his letter furnish the suppressed part ? An then what was bis twe meaoing ? and ha seems to have entered the political aren wiihj sotoe earnestness, and jladly ails hunsef of every opportunity Tio appear in public print i I call upon him now, inrsbew! what part we have sappressedfso as to falsify his ime meaning ; tnd if hednes not think proper to an- swciUM, tf lo exculpav that eummittee of w bicb -1 " - - whereupon Mr. Hobe offered tha following pa- the President bad nothing to do wiih the j becentctn, I court or its proceedings, anu that tne ap- pey, .vir. . proval or opinion of Bny higher power than Mr Gilpir . himself was not necessary And thus proves t regard to the whole afnir a most pitiful humbug, ex culpates the President, and 'dissipates the whole charge attempted to be made by the member from tms district, that Mr. Van Buren had sanctioned and approved the in troduction and reception of negro testimony print3 of t! against white men. ; - man in t!ie (l would be an insult to your integrity .noxious to and intelligence to doubt what youi verdict question oi must be upon this recital of facts. . -, trict At tor: The President in his letter sets up sever- pbrtance-sl, al grounds of defence for bis conduct, 1st : Now ia r . .... l a m f that there is no act oi Conoresa which oro- i al : iMr i ... as mucli w blacks end and it r.r onlv hearJ i: tion, but J; ; . Tha accused begs leave to state to tha Court most distinctly, that he solemnly protests against the evidence of this witness being received and recorded. It is tar from the wuh ofthe accused to object to any evidence which the Court may deem legal, but the witness is a colored man, and therefore, io the opinion of the accused, is not a competent witness even before Ibis tribu nal ?' The examination of the witness proceeded, and he testified to one of the charges on which Mr. Hooe was found guilty, to wit . of treating with contempt his superior officer. Daniel VValers, another negro, and one that had recently been flogged by order of Mr. Hooe, for violating the roles of the ship, and for lying about it, who was the private servant and cook j hibits the admission of coloured persons as fact, when ! nr i na rrmprnmr. man 1 n i rnn nnan in i : .... . i rt i t . : i vj ,,,., i " - J . ... , a iiira... I II CUUTIS 111 111131. 14 II . 11131 II IS I UFl CK11 garbling, oppression, or falsification of bis lan guage. He declares that ha did not allude to it at all. He states tbat oa an examkiation' of it. he finds that the extract from his message of jjecemoer Xd, tqaa, is correctly quoted. That extract, -bMr readers, will temember, cantaios the following emphatic recommendation of that most monstrous and overshadowing scheme of rauuary oespousm me plan lor raising a stand ing army! of 300,000 men The President's own words are. I cannot recommend TOO STRONGLY to toor cosideration the plan submitted ly thai officer (the Secretary of traTijor:ineqrganizauofrir ine miiuia or ine United .afef.M j s Here, (heo the President first admits that he had nevei seen the docoment to which our names re appended, for which he bad so un justly held us op to tbe reprobntioo of every inwenuocs'miind whatever bis political prefer ences might be; and secondly, be admits that the extracts: from bis message of the 2d De cembrr, 18S9, in which the project of the Se cretary fbr a j re; organization of ihe militia, con tained in ;bis report of lbe SOlh November 1S39, is recommended iq ihe 4 consideration of Con gress, is correctly taken. If the President bad said he had no reference to us, I shoold have been content bat he only says be had no refer ence to itiat pamphlet which be bad never seen: but we had affixed oor names to another paper, (commonly called the garbled document or slip) containing the saae extract which he had seen, and to which I suppose he alluded. He does not S3 he had ri6 reference to oor names, because there were no okher names jo which be could bave same objection was made to him as bad been made to Mitchell, and the accused very proper ly refused to cross-examine either of tham. He also testified lo one of the charges on which Mr. Hooe was found guilty. It is true that other witnesses also testified to the same charges, but that does not affect the principle in the slight est degree ; fur when ihe court would receive such testimony as competent, no man could tell but that they attached mora importance io the statements of the black than the white wi!ness es. Tbe Court sentenced Mr. Hooe to be dismiss ed from tbe West India squakren, after having been reprimanded in general orders by tba Sec retary of the Navy. The proceedings were sent on lotbe Secretary, who endorsed, simply, approved.' J. K Paulding. When he ap proved, does not appear bot Mr. Key's let ter, which is now made the foundation ofthe decision, bears date June 26th. 1839. At ibis time the President had left tbe seat of Govern- of ihe Cm.: Juno, 18:;:! is suppose! but certainly ber of that v the uniform practice to receive it. 3d, that a Urge majority of theoflicers constituting the court were Soul hern gentlemen.and that they did not hesitate as to their legality. 4ih, that the Judiciary commitlee, to which thu subiect was referred, was silent on the suh- I annealeo t ject. 5ih,tbat Mr Francis S. Key, the dt3- ted June, 1 trict attorney, and Mr.. Henry D. Gilpin, the Attorney General,,'were called on by the Secretary for their opinions, and both recognized them as'fcga! witnesses. And a . m a 4 - - I " " f lastly, that the resolutions introduced by ?nU ju5tny me, Malthoufih denouncing the nroceedmts I and -51 r. (J wuh great vehemence, did not, he believes, allege that the admission of these witnesses was illegal.' ; i , 1 1st, there is no set prohibiting the ad mission of colored persons, as witnesses in courts martial. This I believe to he true : the Secret :. proceedi:: llc or it II ment or cf : ment on a visit of pleasure, aod did not return i lne law is silent on the subiect. and there until near the commencement of the session of fore it does not recognize them as compe- Cnaress,and on the 14th December, ajsspect- tent witnesses, and left the President free to ful remonstrance from Mr. Hooe is sent to him, rprrup him nmn A, tr uu a u asking him to set aside the proceedings as iW! er"se t?" )wn discretion. If he had cho- ular and illegal, and his attention most empbat- se" ! . Ine Proceeings aside, be could icaiiy canea io ue ntgro testimony, which be charges as a proceeding illegal and eirolieous on the part of the Court, which; according to es tablished law and precedent, must vitiate and set aside their whole proceedings and it is in reply to this complaint against tbe proceedings of the Court io receiving neg-ro testimony, that ibe President, betraying as little regard for tba must know, than his v' United Sr.: annum wa der such cir ferent op it ' But I tlo nr ; ferent opin l)irlh,and h limony all ! noth'.ng mf to testily z:, testimony r This is m in v - the ground which let? i negroes, n . those whn.T prosecute. . v v. ..viv-Vl referred.; ppfljjl what was it that hedid refer to? Did we eyerjSign our names lo any other extract from hii rie isage iban the one qoo:ed in that pamphlei f 1 aver that we did not; But firid tng himself entrapd, and called on for sn ex planatid.i that be could not render, he endeavors io evade the rue question at issue, indirect ly ex colpaieil dsi jit is true, from all blsme, wiihout having the jroanliness to acknowledge tbe injus llce heHasJdonej us. and sajs the intelligent and dcrfmibatin reader will not fil tu "perceive that the camion and imrodnciory note cannot be underfttoodi as charging him with having recom mended or(apprTd be -euoients f that paper. Then, wirnjalt his regard fur. the intelligence and discriifiinaiiii.f bis enhghtened fellow citi i.e endenw. 1 vtni to .be ,on. m, con- ,,,ner? of xb Jai""TU the coantry. From the published proceedings of the trial of ir. none, l copy the following letierT written1 m December last by Mr. Paulding himself, and wu uie id nis uepartment : , Naw Department, Dec. 14, 1839. j SlR In obedience tr ronr dirpriinna I i. Li the honor to transmit a report in the case of ! l'x George Mason Hooe, and to return f memorial arfdresei to you by bim in relation to the proceedings of the Coart in bis trial. . .. ' ' K. PAULDING. me rresiacnt oj the U. S: not hive been charged with a violation of a law that had no existence, and more par ticularly as he makes it appear himself, that if it had been a trial at common law in the con its of the U. S. in a State where by the State laws such testimony would have been rejected, then by statutory provision, it feelings of a gentleman -s ntxphmont trtK,.rt.k cou,d not hive been received ; but because ern principles, endorses mist laconical!?" The the stalutc says nothing about courts mar. - 10 be al! i irbineni unos noiniog in the proceedings in the "' ne rresiceni establishes n rule diUer- ueiieve case of Lieut Hooe which requires his mterfer- ent from tbat which the Judiciary act of Gtlpin, I ; ence.' And now. like bis recommends i inn i.f i7o c,m,.KP. ;ft all .l-. ... ... nh .-until ! iUm i . . r I w-' . ...... .asca ,iui arc nri ii ""' o.-.,u,..s a.ujj, ne wriiesa letter, and Rt I tirtAH-Tnr Rt m..t,-4 r...l.:- I Pr.l nf ihe ( w a a. majaV aal M a B Ull 111 " I believe that the Act and the Con- stitnents and friends, how mattpr 9 rm tT,..' gre" that passed it. intended one rule of in ! Washington, and how raoch confidenee is id eidence to apply to seamen and another to be pot in the men who control the destinies! landsmen? It is not rjretended ihat ihe law authorized it itCdid notl prohibit it ; and, therefore; Mr-i Van Duren thinks ,il would have been in violation of a law that had no exist ence, ii j he had interfered. But tt is the uniform practice I - f J :- ' would thank the President to shew a single case1 (before he was installed in of rice) where such lestimocy was admitted and sanctioned by the President there are numerous cases; I undeisland, in which it has been rejected. The firsV'case ; thai I have heard of was in 1810, in the MeditVr- A . J .. . . . - ii.; ".n, Tn r11 lhal ,he 1 r"'dent reioms ranean wlien Commodore Chauncy presi the pcrr, and endorses that ha finds nothing i! ded ; and although a! Noribirq man, he adelphia, t!. in a sing'? ? phia, but w clerkship i ) . i nev Genrr: IIWI a- v ' negro teti Inttons I i ccedinir v. allege th'.t'.' haps neii! contained t' I It rll n !l 1 II I . to exprej. ! tjee sanfti" he jusiiii"d, by SojiI.' . Suu'hern