Independent Democrat. [volume] (Canton, Miss.) 1842-1844, 1843-02-25
OPINION OF TIE COURT OF En-
CURRY In THE CASE OF THE SOM
ElS

Frs.
The Washington correspondent oil
morning paper has obtained copy of the
opinion ii The Court Of lnqliry,in tae case
Il the Somers muiIty,whlch we suhjoin. 1t
is iull and expl Cit acqIital of Commander
Mackenzle,-un amp ustlti alton, ty
he Court, Of the course which that officer
found Unnecessary to pursue in the painful
circumstances in which he was placed
Nor d es the opinion stop here. A high
and iu,t encomium is pas ed upon Com
m uder Mackenzie, both Tor his humanity
and his bravery. Tie good conduc Of
his officers is also warmly commended
In all these respects we lie iese the opn-
n Of the Cout a"cor1s with sound and
intel gent pub'it sentiment:
Us. Sur NORTH CAROLINA,
Janury ooh, 1913.
PRESENT,
CommrGore CHARLES STEWART,
Comm ,dore JACOB JONES,
Comm dore ALEXANDER J. DALLAS,
OGDEN HOFFMAN, judge Advocate.
The Cont, after due celebration, re-
,elye to report the iac's and circumstances
ot the ctse submit ell to them, and to de-.
liver their o iJiln u,on the facts, as lol-
lGws:
In cxecut n Of the order Of the Hon.
Secl AIRY If the Navy, The q u I, with The
ex ep ion OF ten Of the { CIV, who arc IN
confinement, examined every ticer, sell
man, and app entce, bl nglng to the
! United Stucs big ) me-, in her late
cruise, and unari nau II rep IT the follpw-
lng flcls as proved t, the tlstacti n OF
tie Court by the testimony. iha record oil
which they have the hoA,r herewith TO
submit.
Tnat on the 81 h No en- e., 1912, in
lat 3 ~ Is, an ing, 4 "A 40. Com.
mander Mackenzie discovered that n mu
tiny hldbcen org .niLcd on board The brig
; 1mers.
TAe Cou ar'her find tn t such NIL
nay ,,3 c st,ani shat mdsh pntn Philip
&f.nser tou;.vaia's mate Samuel Crom-
vel, .a. seaman Elisha SIN were ring
lea et- ia #, and thlt hers OF the crew
ha snow. dge Of rs existence and patti
zip ted IN is guilt.
That on thc 9th NoYcm' er, midship-
MN Spencer WAS ar es,ed and 1nincd in
ircns, hat on the su sequent day boat.
swain's mate CromNe AMI seaman Sma |
were also contine in ironS, IN at the tim =
they were so confined, it WAS the inten
t on of Commander Mackenzie t. bring
them to.the United Sta es t. b. trie by
tie laws of their Counry, AMI that Ia eff
feet his desired object, Commander Mac.
kenZe adopted every measure that a
brave, prIleu,, and ski fpl ptiicer coa!d a.
dept. i'ha, daring the confinement oil
the pr:s lners, suIlynneSs, GScon' ent mat.
! ton 20 dlty. dis laCllcnce to orders, often
ass2aneu kno =, any naval records prove.
the sole precursors to 90 n Is Of VIC
| Iencc and blood, were mani este Ivy NE
crew. and Just Y excited the belief in the
commandec and o.liatr', IN an attempt
would be IN de t. r2sc c the prisoners and
take the brig from h Sc to VIII 'm she h ID
cen entrus e / hy ;he Government.
Ths G ,ut Grlher find, that there WIS
no place on a:d the brig which would
have given greater assurance Of protect.
ing the prisoners from rescue, than the
ollor.er deck. On which the prisoners were
confined.
That Commander Mackenzie. in the
respou,jbl, sitaa,ioo IN viii n he was
placed, S u hit. ms j, was his dpty to d..
tie advice nnIconnse of his officers. an
lha' the unanimous a'vice and opinion OF
lh),e officers, after an cyamin ,tion of
me Of the crew and clrerur de'ibcr .tion.
was That the sate,v Of the b.i1 SINNERS d.
nendcJ unol III, imncdi te exe.n,ion ot