Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1842-12-30

papers, and copied int paper of extensive circuls
ton at the scat Of government, giving versions Of the
tran sacon, the materials for which, not the yer.
officers who hnd shand in the bloody deed This is
evident from their containing some facts which could
be known only to those officers; but 80 perverted
ted and interpreted with SO much sur.
the deep anxiety felt TO make sure of the first
impression on the public mind. An awful res
possibility rests on those officers, and above all on
| their commander Without the least desire to render
that responsibility more hazardous than it is it
is still deemed an act of simple and bare justice TO the
memory of the slain to say that an examination Of
the papers transmitted by Commander Mackenzie
show these facts:
lst That acting midshipman Spencer was put in
double irons on the 25th of November, and the boat
swain's mate, Samuel Cromwell, and seamen Elisha
Small on the day following, on charge of intended
mutiny.
I'd. That no disorder of mutinous character ap.
pearcd among the for the four succeeding days
that the vessel was going with good breczes, and in
good weather towards the Island Of ST. Thomas,
where she actually arrived and took in provisions
on some day between the LIST and 9th Of Decem-
81. That on the Both of November, the opinion of
the officers was required by Commander Mckenzie
to the disposition Of tho prisoners tina, they up.
peared to have examined thirteen seamen as witnes.
scs TO prove the alleged mu!iny land who there
fore supposed innocent Of any participation in it)
which examination was had, SO far as the papers
show, in the absence of the prisoners, and without
giving them any opportunity to crossexamine the
| witnesses or to make any explanations or defence,
or to procure any testimony in their own behalf =
These officers without the form Of court with
out the obgaiion of an oath, and upon this pare
and secret information united in the opinion that the
safety of the vessel required that the prisoners should
be put to death How far this Recommendation was
influenced by the acts or fears Of Capt Mckenzie,
does not appear.
| All of
thing and person on board the vessel perfectly
quiet after four days of entire security the three per-
sons were, by the order Of Mckenzie, hung at the
| yard-arm ut midday.
The allegation in some Of the papers, that it was
proved to have cen the intention of the mntlneers to
execute their project on arriving at St. Thomas, IS
wholly destitute of any evidence. And had 1t been
their design it was ciectually justified so far as these
prisoners were concerned by their confinement. At
st. Thomas any Of the crew might have been left
and the power Of the officers of the vessel strength
ened to any extent that was necessary.
The statement in the Intelligenccr, copied appa-
rentlv from the New York American that Spencer
violated engagement formerly made TO resign
seems to have been deemed necessary 10 prejudice
the public mind against him, that those who slew
him might have q more favorable hearing. 1t is un-
true, he did resign, and the Secreary Of the Navy,
on the recommendation Of his commanding officer,
considering the nature and circumstances Of the Of
fence (ncbriaion,) restored his warrant, with a
strong admoniton; and this was done without the
solicitation of any of his friends. His age is repre-
scented in the paper to have been over 90 Had
he lived he would have been nineteen the 25th Janua-
, , ry next.
AS TO the probability that such mere boy-utter-
" unacqunin,ed with navigation brought up in the
interior, would seriously endeavor to scduce to mutt,
{ ny an old seaman who had arrived al the rank OF
boatswains mate, and who is represented to have
been employed heretofore on board SLAYER, or to
have been pirate-an impartial tribunal before which
8 both sides will / e heard, will determine
. The idea of the mutineers cruising Oft Sandy
Hook, to intercept the packets, seem TO have been
thrown in for the special benefit of the merchants OF
New-York. The papers, such as they are, contain
no such Information.
: The only account we have, given by Spencer him
self is, that it all joke. If it shall appear to
have been the nero romance Of needless boy. anus
ing himself it is true, in dangerous manner, but stl
devoid of such murderous designs as imputed and
ifthe execution of him and two senmen against one
u of whom, at least, there not yet particle OF evil
dence) should prove TO have been the result OF unman
;, ly fear ola dcspoc TEMPER and wholly unneces
sary at the time TO repress or prevent mnny-lf al
this can appear, ii cannot be doubted that the laws
y will be indicated The laws of Congrgss prescribing
the navy regulations forbid the taking of human life
even by the sentence of court martial before which
all parties heard without the sanction OF the Pres
o dent of the United States or If without the United
/, States OF the commander of the fleet or squadron
This is believed 10 be the first instance in our hsfor!
II in which the law has been volated-he first in which
prsoners-not of the enemy, but of our citizens
e have been put TO death in cold blood.
s These remarks made, not to excite preiudcr
but to repe the attempt create, it, and TO enable tn
: American people to see what mighty principles ar
S involved in this unhenrd ofproceeding Letjuslice
done: let il he dnnnd because one of the victim
!. was connected with high functonary of govern
G ment, nor because another is unknown and has
friend of relation the Ease Of the earth. And let
y wanton opprobrium be heaped upon the memory
the dead TO justify the bloody deeds Of the living.
is s.
!. The Boston Mercantile Journal says
e We believe that this is the third mutiny tina
N ever occurred in the United States service
"a We shall give some details concerning ,hes
.. mutinies in few days. Disatfection ha
q. sometimes been manifested among the crew.
III and on board the frigate Brandywine, som
IN half dozen years ago, in the Mediterranean
n when under the command of Captain Rer
a shaw, tho disatlection amounted to almost
mutiny, and was quelled, principally, by til
O. frmness and decision of Lieut.. Sldell, mo-
III Commander Mckenzie.
re- TIE Isle OF PlSEs-The Navy Department ga,
.. the New York American Of yesterday, immediate
80 on the receipt of Commander Mackenzle's despache
On ordered vessel Of war to proceed with all despatt
o. from Norfolk to this island which lies off Cape Ant
en- MO (Cuba) in latitude 81 deg. 3lmin.
Dr.. The island has but few houses on it, which a
concealed in bushes-is Of considerable extent q,
US has good wells of water.
1t was on this island, it will he remembered tn
the mutineers OF the Somers expected 20 be Coined
re- conlederaes and from this quarter doubtless came
I'D letters ing the loss of the Somers in gale
M We observe that some of our teinporarics of /,
~ New York press in error to the age of the II
fortonate youth whose life has so recently paid /
m forfeit of his participation in the mutny on board
ed Somers. We learn from undoubted authority til
Mldshipman Spencer was only in his 10Th year.
ZEN --------------
he THE u. s. BRIG SoMEas.-The melancholy occ,
,s. renee on board this ship, and the consequences
good of evil to those concerned, require the gre
est caution aud deliberatlon before the public mi
on, arrives at any conclusion concerning il. The fa
zen can only be truly and fully exhibited before the CO
up stitued tribunals of the country, and It becon
yer thet.1le 'e NY, aS n e. VI 'ne sonuue'oI