The Charlotte journal. [volume] (Charlotte, N.C.) 1835-1851, 1843-03-02
From the Commercial Advertiser.

Ii is full and explicit acquittal oil Com.
mander Mackcnzie,-an ample Juslihca-
ton, by the Court, of the course which
that officer found it necessary to pursue IN
the painful circumstances in which he was
placed. Nor does the opinion stop here.
A high and Just encomIum is passed on
Commander Mackenzie, both for his hu.
maniiy and his bravery. The good con-
duet of his officers is also warmly COM
mended. In all these respects We believe
the opinion oflhe Court accords with sound
and intelligent public sentiment.
L. 5. SniP NORTH CAROLINA,
january Goth, ls13,
Present Commodore CHAs. STEwART,
Commodore JACoB JONES,
Commodore A. J. DALLAS.
O. HOFFMAN,, Judge Advocate.
The Court, after due deliberation re.
solve 10 report the facts aud circumstan-
ces of the case submitted 10 them, and TO
deliver their opinion upon the facts as fol.
lows:
lu execution oc tie order of the Hon.
Secretary OF The Navy, the Court with the
exception Of ten OF the crew, who are IN
confinement, examined every officer, sea-
man and apprentice belonging TO The L. ;.
brig Somers, in her late cruise, aud unani.
mously rcpor, The following facts as proved
to the satisfaction OF the Court by the ties.
timony, the record of which they have the
honor herewith 10 submit.
That on the 9Th of November, 1912,
IN lat. 3. 81 l6, and hong. IL u -,
Commander Mackenzie discovered tia, a
mutlHy had been organised Oh board the
brig Somers.
The Cour, farther finds that such mu-
tiny did exisl, and that midshipman Philip
Spencer, noatswaln's mate Samuel Crom.
well, and seaman Elisha Small, were ring
leaders in ii, and that others OF the crew
had knowledge Of the existence aud parlIc.
pated in the guilt.
That on the 27ih November, mldship.
man Spencer vas arrested aud confined III
irons, that on the subsequent day boat.
swans mate Cromwell aud seaman Small
were also confined in irons, aud al the lime
they were 80 confined, Il was the intention
Of Com. Mackenzie to bring them TO the
tnued States 10 be tried by the laws oil
their country, and that to effect his dcsir.
ed object, Com. Mackenzie adopted every
measure that brave, prudent, and skliu
officer could adopt. That during the con.
fnemont Of the prisoners, sullenness, dis
content, iuaiteniion to duty, dlsobedicncS
To orders, often as seamen know, and na
val records prove, the sole precursors tc
open acts o( violence and blood, were man.
lfestcd by the crew, and Justly excited the
belief IN the commander and the officers
that an attempt would be made 10 rescue
the prisoners and take the brig from those
to whom she had been entrusted By the
Government.
The Court further fud, that there wa.
no place on board the brig which would
have given greater assurance Of protecting
the prisoners from rescue, than the quar-.
ter deck, on which they were confined.
That Com. Mackenzie in the responsible
situation IN which he was placed sought,
as II was his duty to do, the advice and
counsel Of his officers, and that The unani.
nous advice and opinion Of those officers,
after an examination Of some Of the crew
and careful delibcral,on, was hat the safe.
y Of the brig SomcTs depended upon the
immediate execution Of nidshipmnn Spcn.
Ger, boaisvalu's mate Cromwell and sea
man Small.
That Commander Mackenzie, in pursu.
aHcc Of the advice of MS officers, and in
obedience to the dictates IL his own iudg.
ment, did execute, by hanging, mldship.
man Spencer, boatswaln's aate Cromwell,
and seaman Small.
That such execution ooh place on the
l7t December, i-i2, in latitude II deg.
BAN. 25s., and longitude Al deg. 2lm.
i35. and that the brig at the time Of the
execution was, by The log, distant from ST.
Thomas j25 aud q half miles. at which
place she arrived on Tho 9TH December,
l-I2.
4 The Court farther End that the conduct
Of Com. Mackenzie had been klud to his
crew, attentive 10 their wants and their
comforts, that he was studious 10 promote
their knowledge IL their profession. and
that no puushmcnis were inflicted greater
than were rendered necessary by the dis.
cordant nature Of the crew, and the proper
discipline OF IA man Of war.
The Court farther find that The conduct
Of Com. Mackenzie, Lieut.. Ganscyoort and
the officers Of the brig, was, during tho
trying scenes through which they passed.
collected, calm and brave, and justified the
coniidcnccrcposcd inthem b. their country.
OPINION.
The Court arc therefore Of opinion:
That mu,iny has been organized on
board the I. s. brig Somers, to murder The
officers aud take possession Of the BRIG.
That mdshlpnIan. Philip Spencer, boat.
swain's mate Samuel Cromwell, and sea.
man Elisha Small, were concerned in and
guilty Of sucl mutiny.
That had not the execution taken place,
m attempt would have taken place to re.