The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-12-21
The Mutiny on Board the somers.

Chronicle OF yesterday is the best and most accu-
rate view OF the legal points in the recent case of the
Somers that We have seen In the meantime we
have no doubt but Congress will order an immediate
investigation before a committee of that body.
THE MuIiNY CAsE.-The recent mutiny case on BIO ard
the u . brig somers II truly reported the
daring ana coIdblood occurrences o the kind at
temptel on BOARD veSse! bearing the American flag.
What could have induced the muteers to adopt such
rash ana thoughtess mode OF proceeding matter OF
SURPRISE Tor had they succeeded in destroy human
NE anu possessing themselves oI the vessel would have
been impossible TO- thea loag TO have retained possession
o. IT, IL IS almost impossible however, that should
De furnished WIN correct statement OF The facts
case until they have been first officially made 10 the
Navy Department, at Washington ana from thence pro-
mu!sa,ed In tAe mean We can only speculate upon
the statements OF the shocking affair have them.
That there was mutiny on board the brig there is
little aouot oui whether the mutineers strung
up, as reported, and IN such summary manner is
Certain For the sake OF Lieut. Mckenzie and his brother
ohcers' we nope such was not the There
tain laws In existence for the government such cases.
which nave Deem violated in respects than one
the facts published are literally substantially By
law oil the United States, mutneers their aids and
abettors, on board United States vessel punished
with death-but they must first be regularly convicted
the crime by properly organized Court Martial and in
tue case OF warrant officer the Presi.
ofthe United states must approve the OF the
court before II can be legally carried into execution.
Inc Thirteenth article OF the Act oil Congress OF 1900 Tor
the better government OF the Navy oil the United States,
declares that
I'll any person ia the Navy shall make, attempt to
thereof by Court Martial suffer DEATH aud II any per-
SON, as AFORESAID, shall ut er any sedous muinvus
words OF sha conceal or connve az any mutnous
ditious pracce or shall treat with contempt his
rior being IN The execution OF his occ being witness
TO any mutiny or sediton, shall do hs sup
Martial" 'o VI 0''''
Seeing that death the punishment prescribed by law
Tor the crime OF nutiny becomes necessary inquire
what are ne necessary prtlimnaries infection
Under the laws OF Pensy lvani OF murder in
the first degree Is IN like manner punishable with DEATH
but no matter how openly and under What shocking
brutal circumstances The acti committed thai, convic
on and sentence always precedes the vndicaIon
law So too in offences against the laws OF the Navy
and In this instance III the OF muny upon he high
seas, trial. CONVICTION, and sentence by Court Martial
properly org snizei must precede the nicon OF the pc
Were the necessary and legal steps taken by the Off
GERS OF the Somers before the trung up
to the yard armi We think not. The thirty fifth
OF the Act OF $780, above referred to- prescribes
Merlin which all Courts Martial for the trial OF offences
against the laws OF the Navy shall be organized.
General Courts Martial may be often the
United states the Secretary Of the Navy
or the commandment Chief OF the fleet Commander OF
squadron, while acting out Of the United States, shall
deem 1t necessary. Provided That general Court
Natal shall consist Of than thirteen less than
five members; and many officers shall be summoned
every such court be convened without injury to
the service not TO exceed thirteen and the senior
oncer shall always preside the others ranking agreeaby
10 the date OF their commissions and in no case where
can be avoided without injury TO the service shall
tnan one half the members exclusive OF the PRESIDENT be
junior TO the officer to be tried
Inc nrst question to be settled under this article is
whether Lieut.. Mckenzie, not being either 4" Comman
dern-C Chief Of feet or Commander OF squadron"
mad right to convene court martial by virtue Of the
law But even we pass this difficulty, there is
another still stronger in the way The alton OF,
and proceedings before the court does appear have
been keeping with the demands of the act The requi
site number OF commissioned officers being present. each
member OF the Court must take OATH to be administer
ed by the Judge Advocate, person officiating SUCH
to truly try the before the Court, without preu
dice or partiay, not to divuge disclose the
oil the Court until shall have been approved by the pro-
per authority nor at any time TO disclose the vote or
opinion OF any particular member of the Court unless
CURED so to DO before Court OF Justice"
All charges, on which an application for general court
martial is founded, shall be exhibited in writing to the
proper officer and the person demanding the shall
take care that the accused be furnished with true
copy ofthe charges with the at the time he
spu under arrest shl other charge charges
nan those no exhibited be urged against the TO be-
seors the court unless appear to the court that
demanding the court when the person be tried
put under arrest that material the sup
port oil such charge, who at that time absent be
produced in which reasonable time shall be given
to the person to be tried to make his defence against such
new charge The witness before the court shall be ex
amned upon oath.
Now would from the Statement in OF the
public that somewhat different from that required
was held-tha it "drum heaaD court martial Such
tribunal has no legal existence in the Navy OF the Uni
ted states and the proceedings of any martial
vened and conducted differently from what the law has
prescribed, are illegal.
If it be decided that the Lieutenant Commanding of
brig has authority to organise court martial and the
court in the present case properly organised and the
proceedings before 1t in keeping with the acquisitions Of
the law then the punishment inflicted upon the petty Of
hcers and seanen were legal and proper But that of Mid
shpman Spencer illegal under all the crcums ances
The foryhrs article OF the act OF Congress Of 1900 pro-
vdes that
Gan sentences OF courts martial which shall extend to
the loss OF life shall require the oftwo thirds
OF the members present and such shall be
carried into execution until confirmed by the President of
the United states or If the trial take plact out OF the Uni
ted States until it be confirmed by the Commander OF the
feet squadron. All other sentences may be determine
ed by majority Of votes, and carried into execution
confirmation OF the commander OF the feet officer
derng the Court except such 60 to the dismisson of
commissioned or warrant officer. which first to be ap
proved by the President of the United States"
Midshipman Spencer warrant officer, and ronse-
quenty comes within the scope of the above as
one whose sentence must be approved bv the
Of the United States before could be legally enforced
So that matter there had been informally in any
OF the previous proceedings against him. this last
act which Lieut. Mckenzie and his officers has more
right do than he would have to hang nnocen'
Der of his crew for amusement.
But may be said that the officers of the brig up
on the law OF sell preservation, which transcends all
tuory enactments and that the exgencies of the case
therefore, will justify them. This argument will hold
water. The law of self only comes IN when
all others fail and the fact OF the officers org them
selves into court and having the power and
secure the mutneers, at dspes the idea Of their
being compelled to resort to the extremes suggested by
self preserv stion discussion of this
we must reserve for the future only remarkng that he'd
the mutineers actually made attack upon the officers
and crew then every of them might legally be shot
down without mercy but until the necessity of the case
demanded such proceeding, il cannot be justified.
We have thus hastily the prominent features of
this appalling case and compared them with the gov
ernng mutiny and court martial Our readers judge
for themselves of the nableness deductions Il
~ but just TO say that public opinion is strongly with
Lieut. Mckenzie, and doubt numbers of others
have pursued pretty much the same in similar
II we remember right, Commodore Jones
once served in the of his who mu
tinted In the Pacific Ocean, The court martial in that
case however, was regular one in every respect
OHIo RrvER.-This stream was falling at Cincin-