Staunton spectator, and general advertiser. [volume] (Staunton, Va.) 183?-1849, 1843-02-16

l2se;sdN u hs 'cssrf y lhgAisy On CbMmesar
kkie&ea<isss (Ss<.
We have just iscsissd from our special cores
pondent at Washington. correct copy OF he
written Opihlon. Of he hate ,Coas. Of Inouiry.
Con@odors Sscwafs, prtsidens, ia The Gaze Of
Commander Mackenzie, anSfws hasten 70 give |,
to our readers with; N Iitae'delay as possible
~. y. Hsvslx
v. s. ship NORTH CAROLINA. 1
JASuArs 2osb. .1Ste a
Psrssnr ~
Commodore CaAaiss SvxwAar.
Commodore JAcos JOKES,
Commodore ALrxARDERJ j. DALLAS,
OcpsS horfAAS, Judge Advocate. !
Tho Cont aftef due deiiberAtion. resolve to re-
port the facts and circumstances of the case suS-
mitted 10 them, and To- deiiveftheir Opinion UPON
the facts as follows:
In execution OF the order Of the Hon. Secretary
Of tho Navy, the Court, with the exception of ten
OF the crew, who are in confinement, examined
every omce., seaman, and apprentice. belonging
cruise and unanimously report the following facts
as provedstu the Satisfaction of the Court tv she
testimony, thesrecord Of which they have the hon.
Tor herewith to submit.
Thaton the eth November. 1912, in lat. i3
p l6, and longitude Al "a As, Commander Mac
kenzie discovered that mutiny had beth organ
zed board the brig Somers.
The Court further find that strh niulihy did
exist, and that Midshpman Philip Spencer,
Boatswains Mate Samuel Cromwell, and Sea-
man Elisha. Small, were ringleadere in it, and
that others OF the crew had knowledge ofits cxis.
tence and participated Units guilt.
That on the 9Th November. Midshipman Spen-
Ger was arrested and confined in irons, that on the
subsequent day Boatswain's Mate Cromwell and
Seaman Small were also confined in irons, and at
the time they were so confined il was the inten
Commander 70 h~sc Al.
the United States to be tried by the laws of their
country, and that to effect this desired object.
Commander Mackenzie adopted every measure
that brave, prudent, aud skilful officer could
adopt.
That during the conhnemet Of the prisoners,
sullenness, discomfort, nattenrion 'to'uty, DISC
bedlence 10 orders, often'as seanen know, and
naval records prove, the sole precursors TO open
atrs Of violence and blood, were manifested by
the crew. and justly excited tile belief in the
Commafder and the officers, that din attemp,
would be 't.,adeto rescue the prisoners and take
the brig from those to whom ehe had been entrus-
ted ny the Government.
The Court further find, that there was no place
on board the brig, which would have given great
er assurance ofiprotecting the prisoners from a
rescue, than the quarter deck, on which they wero
confined.
That Commander Mackenzie in the responsible
situation In which he placed, sought, as il
was his duty to do, the advice and counsel of his
officers, and that the unanimous advice and opin-
ION OF those officers, after an examination Of
some OF the crew and careful deliberation, was
That the safety Of the brig Sonsers depended epon
the Immediate execution Of Midshipman Spencer, ]
Boatswain's Mate Cromwell, and Seaman Small.
That Commander Mackenzie, in pursuance Of
the advice of his officers, and Fin obedience to
the dictstesof his own jod gment, did execute by
hanging, Midshipman Spencer, Boatswain's Mate
Cromwell, and Seaman Small
That such execution took place on the Isl De-
cember, 1912, in latitude II deg "a m. 2ss., and
longitude ~ deg. Pam. ass, and that the brig at
from ST. Thomas $3.50 miles, at which .piace sto
arrived on the 5lh December, 1912.
The Cour. further find that the conduct Of Com
mander Mackenzie had been kind to his crew, at
feniIyo totheir wants and their comforts, that he
was studious to promote their know ledge Of their
profession, and that pnnshments were iniict-
ed greater than were rendered necessary by the
hiscordant nature Of thectew and the proper dis
rcipfine OF man of war.
The Court further find that The conduct Of Com
mander Mackenzie, Lieutenant Gansevooft, and
the officers Of the brig, was, during the trying
scenes through which they passed, collected calm
and brave, and ;jusiifed the confidence reposed in
them by their county.
OPINION.
The Court are, therefore, of opinion,
That mntiny had been organized on board the
United States brig Somers, to murder the officers
anu take possession Oi the brig.
That Midshipman Philip Spencer, Boatswain's
Mate Samuel Cromwell, and Seaman Elisha
Small, were concerned 10, and guilty Of such mu-
Tiny.
That had not the Execution taken,piace, On at
tempt Would have taken place to release the pris.
oners, murder the officers, and take c6nfnaiu of
the brig.
That such attempt, had it been made in the |
night, or during squat, would in the judgment !!
OF the Court, from the number and character Of
the crew, the small size of the brig and the daily
decreasing physical Strength Of the officers, occa-
stoned by almost constant watching and broken |
slumbeTs, have been successful.
That Commander Mackenzie, under these cir
cumstances, WAS not bound TO risk the safety Of
his vessel, and leopard the lives Of the young Off
cefs, ahd the loyal Of His crew. in order to secure
the guilty the forms Of trial, and that the imme-
diae execution of'the prisoners was demandedby
duty andjustifed by necessity.
The Court are further Of opinion, that through
out all these painful occurrences, 80 we'll calcutta
ted to disturb thejudgmeh, and Try the energy Of
the bravest and most experienced officer, the con-
duct Of Commander Mackenzie and his officers,
was prudent, calm, and firm, and tina; he and
they thor duty to the service
and their country.
(Signed) CHARLES STEWART,
President Of the Court.
(sgned) OGDEN HOFFMAN.
fudge Advocate.
CONGRESS-