Grant County herald. [volume] (Lancaster, W.T. [i.e. Wis.]) 1843-1844, 1843-04-01
THE SOMERS CASE.

ds IL uHuouoteuiJ 70, 'oi 'n"i'.S
,als or for the public press 10 disturb the de-
ibefa,ions Of Courts constituted by the laws
of the country for the trial OF those charged
with offences, is quite time for all presses ana
all persons claiming responsibility to speak
out and speak loudly in the case OF Comman'
der Mckenzie and his gallant comrades 10 the
suppression OF the mutiny on board .lhe Som
ers. The regular press Of this city has done
enough for decorum and reifalned long enough
from participation, and il is quite time now,
to do something for justice and for the char
acler Of the country. A most able and dislin'
poished Court is engaged 10 the investigation
Of the case, without the slightest room for doubt
Ina, lis decision will be in accordance with
strict Justice TO the country, to the honor and
welfare of the Navy, and to the officers on
Trial. This being the case, the city press has
preserved an almost unbroken silence on the
subject, except in instances where the most
irocious falsehoods in other places have SEEM
ed to render prompt denial imperative.
Bot, il were the grossest dereliclion ofdu,y
any longer to refrain from meeting manfully
and thoroughly, the nefarous insirumen,asles
that have been put in requisition 10 poison The
feelings Of The public, aud if possible those OF
the Cont Martial. against Captain Mckenzie.
~--T-
very seriously with that portion of the news
papers " hich are making daily onslanghts upon
the officers on trial. for there is nothing either
in their character or their position which calls
for it. The moving causes OF This movement
are TOO we'll understood TO leave any necessity
for deviaing from the general disregard with
" hich their malicious imbeciilty and wan. Of
character is held.
When however, high officer Of this Gov
eromen, so far forge,s the prophecies of his
station as 10 aid 10 such disgraceful proceedings.
and uses the authority and probably The pat
ronage of the Government itself In prosecuting
merilorious officer Of its own, the press IS
bound TO drop all delicacy. and dismiss all
fasiidiousness Of phrase. II Cabinet Min
lister is al liberty 10 use his official Influence
aud to employ mercenary and degraded pub
lie press, Tor the conviction Of an American Of
fcer whom nine-ieDihs of the community be-
leve not only to be innocent of offence, but
deserving Of honor for his acts, we know Of
no right that we and all oihsrs have, not 10 ex-
pose such conduct and TO stand between the
accused and those who prosecute him.
That John G. Spencer, the present Secre-
,ary of the Treasury, has used and is still using
his official influence and his most Jealous per
sona Efforts to procure the punishment, of as
good an officer as there is 10 The United States
Navy, there is no room to doubt That he has
employed eminent lawyers TO aid him 10 The
design. and endeavored, against all preceden,
and agains, all the usage OF the service, to bring
such inslrumenaiiy 10 The Court Martial now
in session, we all of US know from the actual
facts before US; that he has done and is now
doing much more for the attainment, of his end,
admits of no donbt. We charge nothing up
on any man that Cannot be proved; bur we all
have tho right TO say what ia universally be-
leved that the father Of Philip Spenceris goii-
~ Of course Of conduc, on this subject that
should consign him TO the execration Of the
country, even after allowing all that can be
called for the feelings of father and TO the nat.
ural seusbility 10 family disgrace.
Theirs is something in the attempt now ma
king TO procure grand jury supple enough to
find bill of indictment for murder against
Mckenzie, which in our opinion is one of the
mos, extraordinary proceedings ever attempted
in the country. While an officer is on trial
before the very tribunal provided by the laws
OF The land to sit in judgement on him, the
Grand Inquest of United States Court is call
ed upon to place him before civil forum, and
try him capilally parri passu! --subjeci him
10 double trial at the same time, and putting
him in position from which every American
| citizen is projected by law---lwice in peril oil
his life for the same acil II is known axiom
of the Common law. not only that
Memo bis puniier pro sodem deiteto.
but that no man shall twice be put in leopard
~ of his life for the same crime. Ii the Grand
Jury Of Civil Court has the right 10 indcI
man in the midst OF his Trial before a com.
petent tribunal, the Court has the right. for
ough, we see, actually TO put him on trial, and
TO pass sentence upon him il convicted, whe,h.
Ell he be acquitted or found guilty in the other
jurisdiction. II this be the law Of the United
States, we advise the officers of the Navy and
Of The Army 10 throw up their commissions as
4 speedily as possible. There is not moments
safety in remaining in either branch OF the ser
vice. Il is quite clea: from the express words
Of the Act OF Congress that they are Amena.
BILE to Courts Martial. and if The Civil juris-
diction is concurrent nay, II IL may be exercis-
oil regardless of the military tribunal, every Of
! fcer. every seamen and every soldier. has two
chances TO be hanged where the citizen has bu.
one. That's all that can be said aboutn. A
doctrine TOO monsuous 10 be admitted for a
moment.
/ However we will no, entertain even a doubt
/ as 10 the course Of The grand jury in his case.
! The bill will be refused: no matter how tina,
grand Jury may have been constituted: even
/ If i, has been packed I'VE do no, say it has)
/ for the very purpose of indic,ing the officers of
| the Somers. We will not permlloutselyes 10
befleve /, possible.
With regard to the inananres that have h-sn
attempted TO be brought TO bear upon the
Conr, Martial itself. we have veiy little to saw
The distinguished ot'icers who compose The
Court are not the men 10 be effected by them.
They know their duty and will discharge it as