The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1843-01-16
NEW YORK HERALD.
New York, Monday, january 10, IsAs.

=
The SoMERs MUrNY CAsK.-The Court Of Enqui-
nv meets again to-day at the usual hour. When the
evidence may be closed, we have no means Of
knowing, but il cannot possibly be spun out much
longer Ii must come to an end before the 23d Of
April
Thus far, the testimony has been most singular
and dversifed and the opinions entertained OF 1t,
are equally singular and diversified Among the
community in general, Captain Mckenzie does not
occupy so favorable position he did at first IL
is acknowledged on all hands, that there is no evl
dence whatever duplicating Cromwell in the con-
spiracy or mutiny There may be suspicions-sus-
picons arising from his looks his size, or his large
whiskers-but suspicious without words or acts are
not evidence Captain Mckenzie and his trends
RELY entirely on the necessity of the for justi
ficaton of the executions-but such terrible ne
cessity must be supported by the strongest facs-the
most UNREASONABLE evidence. Could the vessel
haze been brought to New York, ,cthout the erecu-
tionsp On this single point all his defence turns
Thus far Captain Mckenzie, his officers, and many
of his crew, agree in opinion that she could not
but it will be recoected that this is mere opinion,
which requires very strong facts to justify to the
community.
Altogether this singular and awful case is not
"hHVut tS iioSt PcIPcAihS uhhCuitiSS' ~ 10 Si~o'
ly inadmss.ble in organised society, that human
lie should be taken mere suspicion as II was
during the "reign of terror in France-without evil
dence-without crime-wthout the most terrible
necessity. Ii this memorable principle is invaded
on any pretence, there is end at once to all law
to all order-to all civilized society. Neither can
it be admitted that the life of an innocent man
should be taken whatever may be the conviction
bax E,u~ Io
illegal act.
This reasoning applies to Cromwell. As 10 Spen-
Ger and Small there is more evidence on which to
justify their fate-but many doubt the absolute
cesslty of their execution, though their arrest
may have been proper AT all events, let this aw-
full case be well sifted-let not Captain Mckenzie
and his officers be condemned without full nves,i-
CATION into every circumstance that can tell in his
favor.
The Court of Enquiry will probably close their
labors in few days What their report to the Ma
Wy Department may be, of course no one can tell
but every body is already surmisng. Most opinions
concur In believing that Captain McKenzie's con-
duct will be justfed-but that the President with
the advice Of the Cabinet, will set this justification
aside, and either order regular Court Martial, or
allow the case to go before jury of the U. States
Court, for this district. The importance of the case
and the great excitement it has universally created,
will probably lead to the adoption of such course.
When such awful responsibility is involved as the
very first principles of civilized society-of organ
ised government-ot life and liberty-we do no
suppose that the President will proceed step with
out the opinion of his whole Cabinet. In either
way, whether Court Martial or the District Court
should take final cognizance of the case, il will be
final-but both cannot have jurisdiction of the same
offence. This we believe is the law