Carroll free press. [volume] (Carrollton [Ohio]) 1834-1861, 1843-03-10
From the " York Herald. Feb 6.
Opinion Of the Court Of In
.....a OsVipV.
OMirY.


maOder Mackenzie, and we hasten 10
give it 10 our readers with as little de-
lay as possible:
United States Ship Worth Carolina.
January 90, l843.
Present, Commodore Charles Stuart
Commodore Jacob Jones, Commodore
Alexander J Dallas, and Ogden Huff.
man, Judge Advocate. t.-
The Court, after due elaboration re.
solved TO report the facts and circum-
stances OF The case submitted to them,
and 10 deliver their opinion upon the
facts as follows:
In the execution OF the order Of the
Hon. Secretary ofthe Navy, The Court,
with the exception OF len Of the crew
who are in confinement examined every
officer, seaman, and apprentice belong
ing 10 the United States brig Somers in
her late cruise, and unanimously report
the following facts, as proved to the sa.
iislaction Of the Court by the testimony,
the record Of which they have the hon
or herewith to transmit.
That on The 9th November, IS42, in
latitude 13 "a l6, and longitude 4l "a
IS, Commander Mackenzie discovered
that mutiny had been organized on
board the brig Somers.
The Court further finds that such
mutiny did exist, and that Midshipmap
Philip Spencer, boatswan's mate Sam
ueI Cromwell, and seaman Elisha Small
were riDgIeaders in it, and that others
of the crew had knowledge OF its exs.
tence and participated in its guilt.
That on the 2Sh November, Mid.
shipman Spencer was arrested and con
fined in irons; that on the subsequent
day boatswain's mate Cromwell and sea.
man Small were also confined in irons;
and, at lhe time they were so confined, &,
il was the intention OF Commandev Mac
kenzle to bring them 10 the United
States TO be tried by the laws OF their
country, and that TO effect this desired
object Commander Mckenzie adopted
every measure that a brave, prudent,
and skilu officer could adopt That
during the confinement ofthe prisoners,
sulIenness, discomfort, inaltenlon TO du
~, disobedience to orders, often, as sea
men know, and naval records prove.
the sole precursors to open acts Of VIC
lonce and blood, were manifested by The
crew, and justly excited the belief 10
the Commander and The officers that an
attempt would be made TO rescue the
prisoners and take the brig from those
TO whom she had been entrusted by the
Government. --.....-
The Court further find that there was
no place on board the brig which would
have given greater assurance Of pro
toctng the prisoners from rescue than
the quarter deck on which they were
confined. ..... r.. ........
That Commander Mackenzie, in the
responsible situation in which he was
placed, sought, as j, was his duty TO do,
the advice aud counsel Of his officers,
and that the unanimous advice and opin-
ion OF those officers. after an examna'
tion Of some Of the crew, and careful do
liberation, was that the safety OF the
brig Somers depended upon the imme,
d,ate execution OF Midshipman Spencer,
Boalswain's mate Cromwell, and sea-
man Small, ,. a..-- .....
That Commander Mackenzie, in pur-
suance Of The advice Of his officers, and
in obedience to The dictates Of his own
judgment, did execute. by hanging, Mid
shipnian Spencer, Boaswain's mate
Cromwell, and Seaman Small
That such execution took place on the
lst Of December, 1912, in latitude II
degrees, 81 minutes, % seconds, an d
Longitude Al degrees. % minutes, As
seconds; and that the brig, at the time Of
the execution, was, By the log, distant
from ST, Thomas five hundred and TWEEN,
ty FIVE and half miles, at which place
shearrved on the 5lh December, 1912
The Court further find that the con-
duct of Commander Mackenzie had been
kind TO his crew, attentive TO their wants
and comforts; that he was studoUs 10
promote their knowledge of their pro.
Gession, and that no punishments were
inflicted greater than were rendered
necessary by The dscordant natdre Of
the crew and the proper discipline Of a
man OF war. ...f ....., ....
The Court further find that the con
duct Of Comman der Mackenzie, Lieute-
nant Ganzevoort, and the officers Of he
the brig, was, during the trying scenes
through which lhcv passed, collected.
calm and brave, and justified the conf
dence reposed in them by their country.
- OPINION.
The Court are, therefore, Of opinion,
That mutDy had been organized on
board The United States brig Somers to
murder the officers and take possession
nC tho hriU