The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1843-02-02
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Courier with the hrst OF promised series OF arti-
Giles IN defence OF Commander Mckenzie Some
people would be disposed TO doubt the proprety of
sucha procedure just now but the writer is evil
IDENTIFY one who gives himself as little trouble about
the strict observance of propriety he does about
the facts of this very case. Pinkney" deals largely
In gratuitous assumptions, and with amusing sang
troid takes for granted as we'll established facts,
mere assertions and statements which altogether
unsupported by any evidence as yet developed. Be
fore proceeding 10 examine his reasoning, we beg
10 present the following specimen OF Pinkney's"
magniloquent stye-it is in the true King Candy
ses vein" =
7" The sturdy and manly sense which once character
lied the Anglo Saxon mind seems to be wearing away
and perishng beneath the corrosion OF sckly sensbty
compounded Of bad system OF philosophy and worse
system of religion An attempt to convert American
vessel ofwsr pirate; tear down the honored en-.
sign OF country and run its place the black
bloody flag OF the freebooter to arm murder and lust
with resisess force upon the common highway of ma.
tons seems in some quarters, scarcely excited
an emotion of horror But the depraved and desperate
who had devised this helish plot who had already
sharpened the sscrcis knife and behed in imae nation
at least their victims bleed who ready TO thrust
the hspless and women whom they might en-.
mesh in their fatal snare into the pirates brohel and
moate them at the shrine of the outlaws lust men,
the hostss humani in their bloody and bru
tai purpose and crushed beneath the blow with
which necessity had armed the law and its ministers
wept over by men who will be just ready weep
the punishment of other criminals and to lament the
prevention oisny other crime"
After this eloquent exordum, the writer proceeds
to lay down his positions as follows
That there sufficient evidence of the existence of
mutny, and that Spencer Cromwell and Small
mutineers on board the Somers.
H. That there was an apparent cessty for the
ton those muneers opreerve the vessel her officers
and crew.
Ill That Commander Mckenzie Judging from appear.
and from facts within his knowledge and acting
upon the unanimous advice OF his officers deemed ex
ecuflon TO be necessary there malice and the
ecution in conformity with such conviction and advice
was an act OF duty, and justfable in judgment OF law
even though il should to have been unneces-
sary.
Now, to the first of these assertions how has
been supported by the evidence There was.
strictly speaking no "mutiny" The statement re.
specting the lnsubordinaon of the crew. neglect of
orders, and so on, were not at all made out in the
subsequent Investigations. 1t is true that Spencer
and Cromwell, looked al one or two of the officers
with what was regarded as "a most internal ex.
presslon," but there is no evidence of positive dis
obedience, nor utterance of threats to overthrow
the authority OF the Commander. Spencer had, in
deed, formed plan OF mutlny, but we have been
unable TO discover any satisfactory proof of his hav-
Ing submitted II to Cromwell or Small, or of their
having united In conspiracy. plot had been
formed In the mind of this thoughtless youth, and
committed to paper-that the whole amount of
capturing the New York packets, and violating the
female passengers, are wholly unsustained by fact
ans are now generally correctly estimated
But admitting that these men were mutineers
then comes the question as to the necessity of their
execution. We think the facts as developed, rem
der the solution of this inquiry very easy indeed
The fact that Spencer, Cromwell and Small were
arrested, and that at different times, without the
least resemblance to any thing like an attempted
rescue being presened-that four others were after
wards confined, with the continuance of the same
subordination-tha for five days after the arrest of
Mr. Spencer, perfect good order prevailed, nothing
appearing TO interrupt it, but the "groups' of boys
wondering what II all meant, and which ceased
when their curiosity satished-these surely
afford sufficient evidence that there really existed
no serious grounds of apprehension for the safety of
the officers and the brig.
As 10 the third position assumed by "Pinkuey"
tits only TO be remarked that the absence of malice
did not Justify the commission OF the deed for which
Captain Mckenzie is at present under trial. If il
were done from cowardice or tear it were equally
reprehenslble if perpetrated through malice
The opinion has gained much ground that Captain
Mckenzie and his officers acted with panic.sruck
preclptancy-that every thing appeared threatening
and portenous of disaster and murder
The Court of Inquiry justified Commander Nc
Kenzie, but doubt much whether any one OF its
members would have acted as he did in the same
circumstances. He will probably be acquitted by
the Court Martial likewise. But that matters little
There is another bar at which Commander McKen.
zie has been arragned, and there his Justification
and acqulttal are not so certain That is the bar of
calm, unprejudiced public opinion
SURVEYOR OF THE PoRT-It is rumored about that
MAJOR Noah has been appointed Surveyor OF this
port We presume il is not so. II il is so, the
movementlsa very lnJudlcious one. The Major,
when Surveyor before. never performed the duties
OF the office, and 1t Is not likely he would do any
better now. He is, we dare say very great friend
TO Mr.. Tyler, and there several others here who
having been on every side and betrayed every side,
would, we presume, be willing TO do the same thing
for Mr. Tyler, If he would but give them an office.
But the alliance OF these names with the President,
as his friends, would be political death to him. or
any other man. Nothing could have been done
more preludlcal TO the interests of the President
than the establishment of the miserable little syco-
plant paper called the Union, under the management
of Major Noah. The paper has died, and has done
not little 10 prevent Mr. Tyler from being respect
ed in New York. There is propriety in making
Offices for the support OF worn out party hacks who
never did any thing well for themselves or any BODY
else; and certainly there Is great wreng in displa-
cling good and efficient officers to make room for
such persons-Jowndi9 Commerce.
Thus speaketh David Hale-and he speaks the
truth The establishment of the Union, and the lu-
dlcrous attempt made by Noah Fisher and others,to
create an exclusive Tyler party here, have turned
out to be the most melancholy abortion we ever
saw. Yet Captain Tyler-good, easy. trusting
soul-was made to believe that such a movement
would re-elect him to the presidency in 1874 Da-
vd Hale, however, is wrong in one point Noah
does not want to be Surveyor-he desires be sent
out as Minister Plenpotentiary, with cooked hat
difficulty with the Emperor OF Morocco. This is
his darling passion, and ii is probable he will be APP
pointed TO 60 for that purpose, to Tangiers 1t is
less certain, however, that the appointment of Ma
jor Noah on such mission will be considered
greater insult by the Emperor of Morocco than the