New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1843-02-13
THE RIB N E.

LIZ --------
r., raurt Martial on board tho u. ..
'sV ship North Carolina.
TENTH DAY.. FEBRUARY l1th.
r,ur, met at the usual hour in the Chapel
Nav Yard, and after the reading of the mi
au' .r. co,,rt was cleared, and when re-opened,
D -, Judge Advocate read as fellows
,.er OF Commander Mackenzie 10 MS nfscers ana
hpSs o testimony taken before the Council Of Officers
10 sSse Advocate objected 10 The admssaoiiy Of the
en pdS,iona testimony of the nature alluded TO In the
apw - b he now reads -
Ns ssaf an important point was foreseen for the OK.
pp.'ese ~ which leisure and books would be wanted
y Snail In respect 10 Cromwell in the CONVEX.
@ wib Lieut.. Ganseyoort, and it Is again renewed by
oa ,ea ser reply and the testimony taken before the
e afoticers As record it would not be at all adms-
spRs me- ana s@a e %aFe they
evidence show the guilt OF any of the parties and
,s connection i wholly unbelievable: an Investigation
S.d Ina. il is the record Of these trials Trials, as
Commander Mackenzie had right to lhstiiue-lhe
u onnng that privilege to higher officers than The COM
~ single ship Placed, however III position of
aseasity With the most weighy duties to- performhy
he act OF Congress- allowing the President TO man
a the ships of his discretion and send thsm
l d snely or 10 squadrons, he may see fit cannot
thai b 9eg psesa a1 qni Of Ii. o.
@1pesfh nn.t endure mutiny and murder without any
Fers couneracton But there are rights aso on tbe
sshand: the officer seaman who chances to be in
se chip Is not without preroga,yes The ordinary care
ri prudence ofa man OF reasonable Judgement caution
DssSSn,nrss nrst become his protection
The were attached squadron he would he entitled
atria before court MARTIAL and the ratification OF his
ace 10 sapta with g ship does not outlaw HIM
Tfangb no court SUCH can be organized 1t is the auty
aundence and ordinary canlion-lst to bring the often
az posble TO pert where the privileges of the law
, he afforded him. I'd, if that is impossible to a1erd
5 an opportunity hear the CHARGE examine the tes.i
ooy and confront the witnesses, and most serous and
os,rbciipg necessity would needs have to be shown IN
Gsnsnse With this due care.
Malice in fact is that evil and malignant spirit which
dasa bad action from an evil intention .,,s
oion of intention way materials SO long as the ac'
Voluntarily done" 10 reference TO- such cases the dis.
,con OF pl,cs 1o has originated. Justice Butler has
,Ipaned il in few words in Bromage u, Prosser IN ~
ssg Com. Law Rep, 255, where be says Malice, In
sStaSe it mesns wrongful act done intentional
W. The whole law has been thoroughly collected by Lord
s 81 ~ act on
the advice does not ente the party to an
ignorance or intention are not to be allowed 10 DO
an nv with the right Of others.
To prevent undue of caution in future the public
law holds the most honest, patriotic and well
With these notions am constrained by decisions 10 thnR
The testimony only admissible to repe malice in fac: n'
less followed up with testimony TO show that II was I'm
practicable allow at the mr. from
well and Small opportunity OF presence
bat The execution was indspensaby necessary, when ii
ok place. for the purpose of safety to the vessel or main
tbe legally established guilt of MIR. Spencer, Cromwell and
Small by the testimony now before them
To omit this Is to fall short OF ordinary caution and s9es
self against the consequences of another would be per-
version Of sense and legal principles nrebens;on n
This Is my stern duty. according 70 my aPpfehehsio VI
Idesre thu. TO notify these views that counsel Of the
dptau md irOne
admit that the government must, OF propriey ne
sumnar, than on land e'% more Nosss
He then announced that the Court decided that
the letters should te received but refused to allow
The testimony before the Council of Officers to De
gives in.
: Lit. Gansevoort was then re called and his exam
ination resumed at tho point whore 1t was inter
rupted the previous day. Having arrived at the
point whore he asked Spencer who the name OF
- Andrews" was meant fer, and he answered for
aSmall," and that it was his real name
Mr.. DuER offered to put ia evidence letter
which had been found in SMALL Bible subsequent
TO his execution, purporting to have been written
bv his mother. to show that his real name was
!" Small
The Judge Advocate objected to this, and the
Court being cleared, decided to reject the propos'
ed proof.
The examination of Lieut.. Gansevoort was then
continued, but without eliciting any other facts
than those which have been already presented to
the public in our report of tho proceedings before
the Court of Inquiry
The examination was suspended at three o'clock,
and the Court adjourned ill this Monday morn
ing.
SUNDAY SCHOOL ON BOARD THE UNITED STATES
SHIP NORTH CARoLlNA.-The anniversary OF this
School was held on board the ship, now lying IN
this harbor, on the last Sunday of January ultimo
From the Report which was presented at that
time, it appears that during the past year thefe
were 5s5 scholars connected with the School, aHd
there were distributed during the same period 2f9
Bibles, $40 Testaments, e37 Prayer BOOKS, ana
large numbers of Tracts
The exercises of the day were highly interest
ing and impressive. Nearly 200 Naval apPren'
tees and sailor boys were in attendance, WINE
nurh.rs of veteran tars, mounted on the heavy
cannons between decks, listened with the pro-
foundess attention.. The speakers were Chaplain
Stewart and G. p. Disosway, beth OF this CITY
It's worthy Of remark, that every Sabbath on
board three of the largest United States vessels,
living a, Nsw.York. Norfolk and Boston, there are
handreds of youths training for the sea who receive
moral and religious instruction at the hands OF be-
peyolent gentlemen and religious, humane officers
attached to the service.
p The New.Orleans Tropc says the Sandwich
Island Chief who was refured a seat at table win