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A. H. BTJCKNER, Editor and Proprietor.
"power is ever stealing from the mant to the few.1 G. B. PRICE, Publisher VOL. 7 NUMBER 49. BOWLING-GREEN, MO. SATURDAY, SEPTEMBER 19, 1840. WHOLE NUMBER 361. TERMS $2 50 if paid within three month. 83 00 if paid during the year. $3 50 if not paid daring the year. Subscribers may discontinue their papera at any time by paying for the time they hare receired them, ut or WITHOUT. Those who subscribe for a year, and do not at the time of subscribing, order a discontinuance at the end f it. will be considered subscribers until they order the paper to be stopped, and pay all arrearages. ADVERTISEMENTS, f 1 60 per sqaare.for 13 lines or leas, tor the first inser lion, and 50 cents for each continuance. IT Advertisements must be marked with the number of insertions that are requested ; otherwise, they rill be continued till forbid, and charged accordingly. No variation from these rates in any case. Advertisements from a distance, and from persons with whom we have no current accounts, must be ac companied by the cash, or some responsible reference in town. All letters addressed to the editors, must be rosr rarr, br they will not be attended to. Communications of a Personal Character, will be charged double the rates of advertising. LETTER FROM THE PRESIDENT. Our readers will find in another column of to-day's paper, an article from the Globe, exposing some of the base tricks resorted to by the Whigs of North Carolina, to operate on the late elections in the State, which had its effect; but we now have the pleasure of layin before our readeis an able letter from the President himself, explained the whole matter commenced with this most miserable of all humbugs which have been gotten up, the Hooe-case. The letter is written at the request of a gentleman of North Carolina. Washington, August, 1840 Sir: I have received your letter, asking me for yourself, and in behalf of the citizens of Martin county North Carolina, to give you a statement of the case of Lieutenant Ilooe of the navy, with my views upon the subject; a request with which I do not hesitate to comply. It appears from the official report of the case made by the Secretary of the navy to Congress, that Lieutenant Hooe was tried by a court marshal upon several charges, por tions of which were for causing several per sons to be flogged on board of the United States ship Vandal in, in disregard of the in ternal regulations of said ship, and in direct violation of the act for the better govern ment of the navv; that he was acquitted upon a portion of the charges, and convicted upon the residue; that in the course of his trial two colored seamen belonging to the crew of the vessel on board of which he was serving, were offered as witnesses to sub stantiate a portion of the charges; thai they were objected to by Lieutenant Ilooe, but admitted by the court, a majority of which was composed of Southern officers; that the proceedings of the court martial was referred by the Secretary of the Navy, in the ab sence of the Attorney General, to the Attor ney for this District, a native of a slavehol ding State, and subsequently to the Attorney General himself, for their opinion in regard to the objection, which had been made on the trial as to the competency of the colored witnesses; that these gentlemen united in the opinion that in as much as the testimony given by those witnesses was not material to the question of the guilt or innocence of Lieutenant Ilooe, in respect to the charges tirVMl t7r-Irr-i ka nrao rrttttmA f itnt nilPstinil having been deceded upon other testimony,) the objection raised to their competency oueht to Lave no influence with the Secreta- finding of the court, ! ry is psjsing vpon that the Lieutenant the West a I - U. tha tSj o wasreup approved by the secretary; and that, upon appeal ! . v . v . ii i r . i 1CIC win, me; ucuisiuu, i nth the decision. simple question presented by these ' lings, was whether the admission of ille-; -.r . . v . i The : i ' : w k ...v 4 .,u Hftiience u tuuii, uy wintll - - , t ., . -r .u. u u:u (iv I iu uc luuuu vuiv iu us uiiciauuu. n is Hooe ras - to be dismissed Irom .-. j - , 1 IwC .... : ftt. thin innnt ha HKnninnlicha1 India souadron, a.'.'er having been ':.rZ.TT stantiate parts only of the charges, ought to (why the rule which prevails with the con be allowed to Invalidate the finding of the ! approbation of all in the judicial, court in legard to those charges which were should not be extended to the military tn established to the satisfaction of the court by ' buna,s of the country. The legislation of other and unquestioned evidence; in other Congress necessary to accomplish that ob words, whether Lieut. Hooe ought to be;ject would be very simple, it being only suffered to avoid the consequeuces of a r.on-1 ncessary to provide that the rules, in re- viction upon proof t ,4mltfAj1 t tiA lArrol .Mil t " . o - - - deemed to be sufficient, because the public prosecutor attempted to sustain other charges j against him by proof which the accused claim ed to be illegal. The court martial thought .cot the law officers of the Government not the Secretary of the Navy thought not and I sustained their united opinion. No E rinciple is better established in courts of aw than that a new trial will never be gran ted on the ground of the introduction of ille gal testimony, when the verdict complained of is fully sustained by proof to which there was no objections; the common sense and justice of which rule will be at once obvious to every ingenuous mind. This disposes of the case of Lieut. Hooe, as far as it was passed upon either by the Na ry Department or myself. But it does not, as you will perceive, touch the question as to the legality of permitting free blacks to testi fy against white persons in naval courts mar tial. It is obviously not so much the in dividual case, as the general principle, which has excited your attention, and it is there fore due to you to give you a wider view of the subject. By your State laws, blacks are prohibited from testifying against white men. You very naturally, as well from con sideration ss from your own feelings, look with repugnance upon their admission as witnesses before the Federal tribunals. The first question is, whether the law, as it now stands, authorizes their admission; and if it does, the next is, whether the law ought to be, and how it can be, changed. There is no act of Congress which prohibits the admission of colored persons as witnesses in courts martial, it is believed that the prac- tice of permitting them to testify, has been unilorm,and 1 have not found that the ques tion has ever before been brought up for dc- - Ti l,, . r. cision. inueea, i uia not perceive that, ex cept by the accused' the illegality of their admission is even now objected to in any quarter. The officers constituting the court, a large niapnty of whom where Southern gentlemen, of highly respectable standing,cog- nizant of all their rights, and in no sense, lia ble to the imputation of being indisposed to sustain them, did not, it appears, hesitate as to the legality ol the testimony. 1 he Dis trict Attorney. Mr. Key, declares the wit nesses to have been competent as the law now stands. The Judiciary Committee composed of professional gentlemen, at least a majority of whom could not be suspected of a disposition to screen the Department or the Lxecutive from responsibility, if they had sanctioned an illegal act are silent up on the subject, and the very resolutions even by which the case of Lieutenant Hooe was brought before Congress, although denounc ing the proceedings with great vehemence, do not, I believe, allege that the admission of these witnesses was illegal. I he matter rests upon very simple grounds. The able men who framed the judiciary act of 1789, wisely adapted it as far as practicable, as many of them had assisted in doing with the Constitution itself, and as they did with most of the early and fundamental acts of the (ov ernment, to the peculiar condition of the different States composing the confederacy in respect to their local laws and domestic institutions. It was to this end provided, "that the laws of the several htates, except where the Constitution, treaties, or statutes, of the United States, shall otherwise require or provide, shall be regarded as rules of deci sion in trills at c-niiiio:i law in the courts of the United States, m cases where they ap ply. The consequenee of this provision in respect to this particular question is, that when the Federal courls sit in a State where, by its own laws colored persons are prohibit ed from testifying against white persons, thevare excluded in those courts; and when the State lawsadmit them in the State courts, they are admitted in the Federal court also, Such has been the uniform parctice under the act, and all excitements upon the sub ject has been by that means avoided. But this applies only to the judicial tribunals of the country. The law of courts martial has not been framed with so much care. Their proceedings have been exclusively regulated by acts of Congress without refer ence to State laws or State usages. Those acts have never prohibited the introduction of colored persons as witnesses; and hence their frequent admission in that capacity, particularly in naval courts martial, s jhem a,moft mvariab y forming a port some or ion of ' Arforv ehiiia fniir If it nirAnn te nAmtt Y ' . T ? ; . J"' th aul " th !aw' ,and he re1me- a as, w niuu s,vr uuiuid as it stand,, when ,. case ZlZ' P.erUed, or to 'attempt to .change itsope ion. there would indeed be cause tor com- nl.ii. - t and denunciation. But whilst 1 nave ., - - , . Ihe constitu t.onal power toal er the law, I have no hesitation in s-ymg that I have not Uon nlJa fn discover a suflicient reason been able to discover a sufficient reason -Lll U 1U LI in UUIIII33IWU Ul Hllliwava ... particular should be the same in both classes of courts. Some special enactment in re i u i .t. : t..ii. -l. gard to courts martial held at sea, and out of . - c . . 1 . I tne jurisdiction oi any state, migni ue ac cessary, but could easily be adjusted. It is thus seen that efforts designed to be useful in the matter should be directed to Congress, and not to the Executive. I am, sir very respectfully, Your obedient servant, M. VAN BUREN To Mr. Eugene Burras, Jamestown, Martin county, N. C. The expansions and collapses of the last ten years, have taught this generation some lessons which they will hardly forget At one time they who sustained prices by a speculative forcing system, were supposed to be saved to the nation in price of cotton and flour, by sustaining prices at their "neutral" point. The effort to keep up flour was cer tainly most wonderfully successful. Every i bv me. were t euner toaisrecara tne law thing was on a grand scale in those days; and it did seem that nature's laws might be set at defiance, and herself subdued by her own children. The millers were eager buy ers of wheat, at extremely high prices; and because they were so eager, and bid so high, the farmers would not sell. Crops were thus kept back, and a fictitious scarcity creat ed in the midst of real, plenty. But the unoheralJe laws pf-tra4iiave resumed their supremacy. The overloaded system has broken down we now have a real surplus, and prices are too low, probably, in their vibration from the opposite extreme. By this reaction, mischief has been done which fai outweighs all the good of high prices, and people are thoroughly convinced that they do most to benefit the country, in this depart ment, who most facilitate the sales of pro duce, at whatever price the relative influen ces of supply and demand may determine. When we contemplate these things, how surpassingly wise docs the groat plan of na ture appear! The crops cannot be squan dered in advance they cannot be reached until their time. When, by the excessive grasping of men after useless wealth, the whole country is prostrated money, credit business, all gone the earth yields her gold en harvest as if nothing had happened, and by her steady bounty, gradually relieves the lords of creation from the evil consequences of their folly. Jour, of Com. o Bi'chanan ASn Davis. In 1814, when John Davis was making the welkin ring with his rejoicings over the victories of the ene mies of his country, Jap. Buchanan was marching to Baltimore with hit musket on hit shoulder, as a volunteer, to defend that city against the British army. In 1 840, when Mr. Buchanan was advocating a measure that would secure to industry the fruits of its toil, Mr. Davis was opposing it because it might reduce the dividends of the p iper money aristocracy. Worcester Palladium. o Keep it before the people. That Har rison resigned in the middle of the war de serted his post in the midst of danger: and withdrew from a field thut, in the hands of Andrew Jackson, become one of the most glorious in the nnit-tU of history. That his iwn officers passed resolutions against him, disapproving of his conduct in the sverest terms resolutions, which now after a Kip Van Winkle sleep of twenty seven years, it is attempted to explain away. Their charity comes fo lat. Tlmt tin vnfpH in fnvir nf snJ sirmuft n law which the poor man might be sold into slavery, and become the slave, perhaps of hi own prosecutor. 1 hat he refuses to trust tho people with his sentiments, and will not answer the ques tions of those whose votes he asks. o THE BANKING SYSTEM. We have seldom leen a more striking pic ture of the effects of the banking lyytem, as estal'lised in this countrj-, than is fu mill ed in the following extract. It is taken from the speech made in the United Statps, April 6th, 1819, by the present Whig candidate for the Vice Presidency. There is no rea son to believe that Mr. Tyler has changed his opinion since that period; as every inci dent in our subsequent history proves the truth ot hi? description: uv or one, 1 enter my protest against the banking system as conducted in this country a system not to be supported by any cor rect principles of political economy; a gross delusion, a dream of a visionary a system which has done more to corrupt the morals of society than any thing else; which has in troduced a struggle for wealth, instead of that honorable struggle which governs the actions of a patriot, and makes ambition vir- ture, which has made the husbandman spurn his cottage, and introduced a spirit at vari ance with the simplicity of our institutions. I call upon the warm advocates of banking now to surrender their errors. Shall Ijtake them by the hand and lead them through our cities? Bankruptcy meets us at every step- ruin stares us every where in the lace. Shall I be told of ti'ie benefits arising to com merce from the concetitration of capital ! Away with the delusion. Experience has exposed its fallacy. True, for a moment, it has operated as a stimulus, but, like ardent spirits, it nas produced activity and energy but for a moment; relaxation has followed, and the torpor of death has ensued. When you first open your bank, much bus tle ensues; a fictitious goddess, pretending to be wealth, stands at the door, inviting all to enter and receive accommodation; splen did palaces arise; the ocean is covered with sails; but some alteration in the state of the country takes place, and when the thought less adventurer, seated in the midst of his family, in the imaginary enjoyment of per manent security, sketches out to himself long and halcyon days, his prospects are overshad owed, and misery, ruin and bankruptcy, make their appearance in the form of bank curtailments. If this be true, and I appeal to the knowledge of men for its truth, I de mand to know if you can put down the sys tem too soont Can we too soon escape the danger with which we are surrounded? 1 know that 1 shall be told, that even it we put down tin's bank, the State Banks will still ex ist. Even if true, the position is not a justi fiable one. If the State Legislatures do not follow the example which we set them we shall have acquitted ourselves of our duty. It is all that can be asked of us. But, sir, we actually possess the lever of Archimedes, and have a foot of ground on which to rest it. Our revenue amounts to upwards of ,$20 000.000 annually. Require a fourth, or even a sixth to be paid in gold and silver what what would be the effect? The merchant would collect the notes of banks and demand specie for them, and thus a test would be adopted, by means of which to ascertain the solvency of each institution. The demand of specie thus produced would have the bene ficial effect of introducing more of it into the country; for money is like every other arti cle, and will find its way to the market where it is most wanting. The system might be enlarged gradually until your wishes should be consummated. THE GREAT' CONTEST. WHAT THE TWO POLITICAL PARTIES ARE STRUGGLING FOR. Are the Whigs contending for the privilege of living in log cabins? Is there any despot in the land who prevents them from pull ins down their mansions of brick, of granite, and of marble, and putting up log cabins in their places? Do they desire and design to blew up the President's House, and demol ish the Capital, that they may build log cab ins for the accommodation of congress and the President on ther ruins? Are they de nied the privilege or painting log cabins up on ladies' fans, stmping them upon handker chiefs, impressing tnern upon their buttons, or branding them upon their foreheads? Or has some tyrant dashed the gourd from their lips, knocked the hoops off their barrels, and denied them the right to drink "hard cider?" Are they making so fierce a war to recover the lost liberty of getting drunk on whatso ever hcvera-.'t; t'-ey please? Or has a despot interpi-fj t prevent their assemblage to gether in .is many thousands as they can col lect, hauling pig-styes and little boats, rolling halls and waving cocnskins, climbing into the forks of trees braced up in carts, chatter ing like monkeys, cawing like crows, harking like dogs, whooping like Indians, and yelling like devils, to their hearts content? All these blessed privileges they now enjoy un molested; and many are improving them with an exuberance of zeal and delight which shows how hishlr they are prized. For all these thins the leading Whigs care nothing. They do not mean to live in log cabins. Except with such as have in the mean time become incorrigible drunkards, all their uhard cider' drinking, and the mum- menps which attend them, will cease with the election. They are only tho arguments by which tho leaders of the party expect to indwe an intelligent copIe to vote for their candidate! Ihe objects which they hope to attain through such means are far different. and it behooves a jer.lous people to look be yond the lug cabins and see what thei are. It is sometimes denied that we have a urniiLEnEn orper" in our country. In show ing that such an order exist, we mut not be understood as attackingany privilege they enjoy under the authority of law. On the contrary, our sole object is to show that, not content with their lawful privileges, they have transcended the limits of the law, and are now struggling, not for any legal right, but to take the Government of the country out of the hands of the people, and vest it in their order. "A privileged orper" may be defined to be A CLASS OP KEN ON WHOM THE LAW CONFERS CERTAIN PRIVILEGES OR IMMUNITIES NOT EN JOT EI) DT THE GREAT MASS OP THE PEOPLE. Such an order are the bankers or stockhol ders in banks. They enjoy both a privile ges' and 44 ihvunities" not enjoyed by the people in general. The essence of their privilege is, that they are enabled by law to realize a double or triple income from their properly, while all other classes are left to a single income obtained by their own unassisted exertions. One man has a thousand dollars' worth of property in money, and onther has a thousand dollars' worth in land. The law authorizes the man who has $1,000 in money to lend .$3,000 in notes not bearing intercst,ond take from his fellow-citizens therefore notes bear ing interest, whereby he gets triple interest on his $1,000. But the law does not and cannot enable the farmer to make three crops a year vpon his land. With sweat and toil he makes one crop, while the law enables the banker, living in idleness and luxury, to make three. Is there no special privilege here? The law authorizes the banker to promise to pay on demand three times as many dollars as lie has, and recognises his notes as cur rency as a standard of value by which the property of the people is to be measured. The law does not authorize the farmer to promise to deliver three times as many bush els of wheat, or bref cattle, or other produce, or stock, as he really has, and recognise those promises is money. It does not authorize the mechanic to promise to deliver tb limes as much furniture or other"-'" ti a tin at rn Vff ' , -slides as does not authorize the laborer to promisrf eight days' work a week when he can render" but six, lend his promises as money; and get interest upon their nominal value. A unV mer's land, stock and utensils, are At capital; the mechanic's skill, materials, and articles' on hand are hit; the laborer's consists in bis" strong arm and willing heart; while the' banker's consists in money. The law in ef fect triples the banker's capital, while that of all other classes remain single. . Is there no? "special privilege" in this? Bankers in general enjoy immunities also' which are not granted to other classes. If the farmer promise to pay money or deliver his crop to a purchaser, all his property U ' responsible for a faithful performance. The banker is authorized by law to promise to pay $3,000 for $1,000 in bank, and if he ' fails to do so, though worth a million, is res ponsible to the extent of $1,000 only, or the amount of his bank stock. He may, with three hundred dollars of his own notes, issue upon a capital of one hundred, buy three hundred bushels of the farmer's wheat; and if he fail to pay those notes, can only be held responsible for one hundred dollars, the a mount of his stock. He pays to mechanics who build his house, or to laborers who till his lands, three hundred dollars in his pictur ed promises, when he is responsible but for one; but if those humble men promise him to pay the same sum, they are responsible for the whole. Is there no special privilege: here? In partnerships among the people fortradV, or farming, or any other business, each part ner is held responsible in his whole property for the debts of the firm, however small may be his part of the capital. But in banks and other corporations, the partners in gener al are held responsible only in the amount of their stock. The bank may break, involv ing thousands in loss and hundreds in ruin, while the stockholder, enriched by the us of the privileges, and perchance by the frauds of his bank, lives in luxury amidst the gener al distress. Is there no special privilege ia this exemption? In many of the States, the citizen who is unable to pay his debts is subject to arrest and imprisonment. It is not so with the banker. While all his property except bis bank stock is exempted from execution to pa the debts of the bank in which he is a partner, his body is exempt altogether. By clubing together and getting an act of in corporation, the rich, whose wealth is in1 money, are enabled not only to promise te pay or deliver three limes as much property in money as they have, without responsibli ty in their other property, but to escape the laws of imprisonment for debt altogether." Is there no special privilege here? In fine, our banking laws enable the bank er to get the use of other people's money or property for nothing, while the people psy for the use of his promises, which are not property. The farmer sells to the banker one hundred bushels of wheat,- takes a one hundred dollar note in payment, and locks it up in his desk. The banker has now got the farmers property, while" the farmer hav nothing but the bankers promissory note, without interest. The banker sells the far mer's wheat at one hundred and ten dollars, and lends out the money upon interest. If the farmer keep the note a year, the banker will have made, in the mean time, $16 60 out of the use of his property, paying nothing for it. If the fanner pass the note, and it remain out a year, the effect is the same the banker has the property, while the note holder has the shadow. So also the banker's profit is more or less, in proportion to the time the note may remain in the hands of the farmer, or in circulation. A farmer goes to a banker to borrow mon ey; wnat does he get! IVot money, but promises to pay money; it is a mere exchange o: notes; the tanner gives the banker his note, and the banker gives the farmer notes in return. But there is this important dif ference: the farmer' note is on interest, while the banker's notes exchanged for it -are not. If the farmer were to keep the bank notes until his own note became due, -he would evidently lose the interest and the banker would gain it. The effect to the' -banker is the same, if the farmer put the notes in circulation -the banker gets the nt-'T. terest. For every bank note in circulation, the banks have either the property of the classes ' in possession, without paying any thing for it, or their notes upon interest, paying no interest in return. The bank note circula tion of his country has been about as high ns one hundred and fifty millions of dollars. To this amount, therefore, the property of ; the people, or their notes bearing interest, have been in the use of the bankers, affor-' ding, at 6 per cent, an income of about nine: millions of dollars per annum; When any ' man, not indebted to a bank," has one of its ' notes in his pocket, tho bank has his proper ty to its full amount, and is making a profi, by its use, while he gets nothing in taflU if-', he owe the bank, he is pi- .inoo. - the debt, while thV mte.r"ApK - The banks have been en io h- Vj'or.T to cet into their I bled, at one Vf community ana hand the r.kf. mount of about one , 'iDiy make, 1