Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1843-02-24
THE soMERs MUTINY.
OPINION OF TIE COURT OF INQUIRY.

U. $. Sur NORTH CAROLINA.
January 90, 1913.
Present-Commodore Charles Stewart,
Commodore Jacob jones'
Commodore Alexander J. Dallas,
Ogden Hoffman, Judge Advocate.
The Court, utter due deliberations resolve to re-
port the facts aud circumstances Of the case sub.
united TO them, aud TO deliver their opinion upon
the facts MS follows:
In execution of The order Of the Hon. Secreta-
ny OF the Navy, the Court, with the exception of
ten of the crew, who are in confinement, examin-
cd every officer, seaman. apprentice belonging to
the United States brig Soners, in her lue cruise,
and unanimously report the following Incts as
proved to tie satisfaction of the Cour 10y the ies-
timony, the record Of which they have the honor
herewith To submit:
! That on the 9Th November, 1912, in LAT. 70 "a
| &c. and long. Al "a 45, Commander Muckeuzie
discovered that mu'iny had been organized on
board the brig Soners.
| The Conrt further finds lhnt such mt!'iny did
exist, and that Midshlpnun Philip Spencer. tont-
swnin's mate, Samuel Cromwell, aud seaman Eli
sim Small, we're ringleaders ~ IT, and tln, Others
Of the crew had knowledge oil iis existence and
participated il tie guilt
That Oh tie 9Th November midshipinan Spen-
cor was arrested and confined in irons that on
The subsequent day boutswa aims mate Cromwell
aud seaman Small were also confined IN irons,
nul N the time they were so confined, il was the
intention of Com. Mackenzie to bring hen TO
the Uni ed Suites TO be- tried by r laws of their
country, and that eff CT his desired Ohjcc:, Goa.
Mackenzie udOpIed every MEASURE, that II brave,
prudent. and skfu officer could adopt. That
during the confinement of The prisoners, sullen-
ness. discomfort inaitentnn 10 duty, dlsobedience
10 orders, often, rs seanIen know, and naval rec
orls prove, the sole precursors TO open acts OF vi
oleuce mud blood, we're manifested by the crew,
and Justly excited the belief in the commander
nnd the officers that an attempt would he made
IL. H., rEn hrt., frnrn
those whom she had been iniused by the Gov
eminent.
The Court further find, that there was no place
on board The brig which wound have given greut-
er assurance of protecting the prisoners iion
rescue, than tie quarter deck, on which they were
confined.
That Com. Mackenzie in the responsible stu
alton in which he was placed sought, us it was
duty to do, the advice and counsel oi his officers,
aud that the unanimous advice aud oIinipu OF
those officers, after an examination OF some OF The
lcrew, and careful delibeluiiOn, was Thai the safety
OF the brig Somers depended upon The immediate
execution OF md,hIpnMn Spencer, boalswain's
mate Cromwell, and seaman Snla
that Commander Mackenzie, i" pursuance Of
the advice of his officers, and IN Obedience 10 The
dictates Of his own judgment, did execute, 10y
, hanging md>hipnan Spencer, boaIswaiu's maze
+ Cromwell aud seaman Small.
, That such execution took place on The Isl De-
f celnber, 1912, in latitude II deg Bun 2js., ard
, Longitude Al deg. gam. ass, and that Tie brig at
the time of the execution was, by the log distant
from 81 Thomas 525s miles, NJ which place size
, arrived on the 5h December, le42.
/ The Court further find that the conduct of Com.
Mackenzie had been kind 10 his crew, attentive
their wants and their comforts, that he was studi-
) Gus 10 promote their knowledge OF their profess
sion, aud that punlshnenis were inflicted great
er than were rendei ed necessary by the dscord-
ant nature of The crew. and The proper discipline
Of man of war.
The Cont further find, that the conduct of
Commander Mackenzie, Lieutenant Gansvoort
and The officers OF the brig, was, during the trying
A scenes through which they passed collected calm,
u and brave, aud justified the confidence reposed in
9 them by their country.
o OPINION.
Il The Court therefore of opinions
/ That inutiny had been organized on board the
United States brig Somers, 10 murder The officers
/, and take possession of the brig.
). That mihshpman Philip Spencer bontswain's
|, mate Samuel Cromwell, aud seaman EliSbn Small,
were concerned in and guilty OF such muliny
v That had not the execution taken place. an at
Il tempt would have taken place 10 release The prIs-
@ oners, murder the officers, and take command OF
. the brig.
+, That such an attempt had it heen made in the
$ night, or during squaIl, would in the Judgment
v of The Court, from The number and character Of
a lie crew, the small size Of he brig, md lie daily
Il decreasing physical strength of The officers, orca-
A stoned by almost constant watching nnd broken
$ slumbrIs, have been successful.
h That Commander Mackenzie under these cir
"A cumsuures, was not bound To FISK the safety of
n his vessel aud leopard the lives of the young OH
z GERS and the loyal of his crew. in order cure
to The guilty The forms Of aI, and lhul the irr,ne-
: dnle execution Of the prisoners was demanded
o by duty aud justified by necessity.
L The Couipare further OF opinion that through
) out all these painful occurrences, 70 well calcu-
: lated 10 disturb the Judgment and try the energy
5 ot The hravesl nnd most experienced officer The
:. conduct OF Commander MnrkeuZle aud his Off
a GERS was prudeu calm ami firm, and that he aud
they houorOLly performed their duty 10 the SER
n vice aud their country.
II lSignedl CHARLES STEWART,
President of the Court.
u lSigned) OGDEN HOFFMAN,
= Judge Advocate.