The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1843-02-07

honest portion OF the community.
DECISION OF THE COURT OF ENQUIRY ON COMMAND
Err McKKNzIE's CAsE-We have received from
our special correspondent at Washington, correct
copy of tie written Opinion of the late Court OF
Enquiry, Commodore Stewart, president, in the case
of Commander Mckenzie, and we hasten to give it
to our readers with as little delay possible =
U. s. SHIP NORTH CAROLINA
JANUARY goth, lS43. :
Commodore CHARLES STEWART,
Commodore JAcoB JONES,
Commodore ALEXANDER J DALLAS,
OGDEN HOFFMAN, Judge Advocate.
The Court after due deliberaon resolve to report the
facts and circumstances Of the case submitted to them
and to deliver their opinion upon the facts follows
In execution of the order of the Hon Secretary of the
Navy the Court with the exception of ten Of the
who in confinement examined every ofhcer seaman,
and apprentice, belonging to the United States Brig
following facts as proved to the sasfacen Of the Court
by the testimony, the record Of which they have the
That the 27h November ls AZ, in lat 10 "a TO- and
longitude al "a as Commander Mckenzie discovered that
mutiny had been organized board the brig Somers.
The Court further finds that such meeting did exist and
that Midshpman Philip Spencer Boatswan's Mate Samuel
Cromwell and Seaman Elisha Small rngleaders in
it, and that others of the had knowledge OF its exist
ence and participated in its guilt.
That on the 27th November, Midshpman Spencer was
arrested and confined in that the subs quen
day Boatswains Mate Cromw ell and Seaman Small
also confined in irons and at the time thew were so con-
fined it wa the intention OF Comm ander ze to bring
them the United States to be tried by the laws of their
country and that TO effect this desired object
Mckenzie adopted every that brave prudent
and skful officer could adopt. That during the confne
men of the prisoners suenness discomfort natenton
to duty disobedence to orders, often know
and naval records prove the sole to acts
Justly excited the belief in the Commander and the off,
that attempt would be made to rescue the prison
and take the brig from those to whom she had been
entrusted by the Government.
The Court further find, that there place on
board the Brig which would have given greater
nof hont
quarter deck which they confined
That Commander Mckenzie in the responsible situa.
ton in which he was placed sought as it was
his duty do the advice and counsel of his officers and
that the unanimous advice and opinion OF those officers
liberation that the safety brig Somers depended
upon the immediate execution o. Adshipman Spencer,
Boatswan's Mate Cromwell and Seaman Small.
That Commander Mckenzie, in pursuance OF the ad-
vice of his ocer and in obedience the dictates OF his
Spencer Mate Cromw ell and seaman Small
That such execution took place on the LIST December
a4m ass and that the brig at the time Of the excel.
ton, was, by the log distant from ST. Thomas 525S
miles at which place she arrived on the 5th December
lss2.
The Court further find that the conduct of Commander
Mckenzie had been kind TO his attentive to their
wants, and their comforts that he studious pro
mote their knowledge other profession and that pun
ishments were inflicted greater than rendered
by the dscordant nature OF the and the
per discipline OF a man OF war.
The Court further find that the conduct of Commander
Mckenzie Lieutenant Gsnsevoort and the officers oil the
brig was during the trying through which they
passed. collected calm brave justified conf
dence reposed In them by their country
Opinion.
The Court are, therefore, of opinion,
That mutny had been organized board the United
States brig somers to murder the officers and take pos
session OF the brig.
That Mdshipman Philip Spencer Boatswain's Mate,
Samuel Cromwell and Seaman Elisha Small, were con.
cerned in, and guilty Of such mutiny
That had not the execution taken place, attempt
would have taken place to release the prisoners mur-
al ttem had m
during a squal, would in the judgment of the Court
size brig daily decreasing ply steal strength
ofthe officers occasioned by almost constant watching
and broken slumbers, have been successful.
That Commander Mckenzie, under these crcun
stances, not bound to risk the safety of his vessel
and leopard the lives Of the young officers and the oya
Of his in order TO secure TO the guilty the forms
trial. and that the immediate execution Of the prisoners
was demanded by duty and justified by necessity.
The Court further ofopnion throughout all these
painful occurrences, well calculated to disturb the
Judgment andtry the energy of the braves and
and his officers, prudent calm, and firm, and that he
and they honoraby performed their duty TO the service
(signedj CHARLES STEWART
President Of the Court.
(Signed) OGDEN HOFFMAN,
Judge Advocate.
This opinion rs very curious and a very remark
able one. The Court does not enter into minnie
investigation of the evidence, in reference to the
three individuals executed, but simply states the
without giving any reason, or connected analysis o.
the evidence, for coming TO such conclusion.
This probably, the best way TO treat thi.
most singular and anomalous case.
The justification OF Commander Mckenzie n
have any weight with the government, the navy O,
intelligent public opinion must be placed on othe
grounds than on its exact legal merits. In s,rc
point of law, there was evidence TO convc
Cromwell-ard very little against Small. Their
was conspiracy, but no mutiny. Yet we dout
not but Captain Mckenzie believed he did hi
duty, when he ordered these awful execution,
Such an act could present attractions in its ow
nature to man Of any humanity or religion, an
we doubt not the recollection of that awful day wi
embiter the poor Captains life as long he live
On what ground then, should his justification
openly pacedl
The deed itself has been executed and cannot b
recalled. What, then, Is TO be done? How is
to be justl6edl There is only one way, and tina
way to he found in the existence of a moral nece,
sity 10 preserve the discipline of the navy and IN
commercial service II Captain Mckenzie conduc
were TO be adludged by strict rules of the civil law
he would be convicted-f convicted, he must sufI,
the penalty of violation Of this law.
But would not this legal, technical conviction an