Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1843-02-24
U. S. SHIP NoRTH Carolina, !
January goth, lS49. :
Present.
Commodore Charles Stewart,
Commodore Jacob Jones,
Commodore Alexander j. Dallas,
Ogden Hoffman, Judge Advocate.

Commodore Jacob Jones,
Commodore Alexander j. Dallas
Ogden Hoffman, Judge Advocate.
The Court, after due deliberation, resolve to
report the facts and circumstances of the case
submitted To them, and TO deliver their opinion
upon the facts as ioows:--
In execution of the order of the Hon. Secre-
/ tary OF the Navy, the Court, with the excep-
ton of ten Of the crew, who are in confinement,
examined every officer, seaman, and apprentice,
belonging To the United States brig Somers, in
her late cruise, and unanimously report the fol-
lowing facts as proved to the satisfaction Of the
Court by the testimony, the record of which
they have the honor herewith TO submit.
That on the 9th November, 1S42, in lat
! 8 "a l6, and longitude al "a 40, Commander
! Mackenzie discovered that n mutny had been
organised on board the brig S0mers.
The Court further finds that such mutiny
did exist, and that Midshipman Spencer, Boat
swain's Mate Samuel Cromwell, and Seaman
Elisha Small, were ringeaders in it, and that
Others of the crew had knowledge Of its exist
ence and participated in its guilt.
On the 9th November, Midshpman Spen-
Ger was arrested and confined in irons, that on
the subsequent day Boatswain's Mate Crom-
well, and Seaman Small were also confined in
irons, and at the time they were so confined,
TO bring them to the United States to be tried
by the laws of their country, and that to effect
this desired object, Commander Mackenzie a.
dopted every pleasure that brave, prudent,
and skiliu. officer could adopt That during
the confinement of the prisoners, sullenness,
discomfort, inattention to duty, disobedience to
orders, often as seamen know, and naval rec
ords prove, the sole precursors TO open acts of
violence and blood, were manifested by the
crew, and justly excited the belief in the Com
mander and the officers that an attempt would
be made to rescue the prisoners and take the
brig from those TO whom she had been entrust-
ed by the Government.
The Court further find, that there was no
place on board the brig, which would have Civ
en- greater assurance of protecting the prisoners
from rescue, than the quarter deck, on which
they were confined.
That Commander Mackenzie, in the rcspon-
sibe situation in which he was placed, sought,
as il was his duty to do, the advice and coun-
sci Of his officers, and that the unanimous ad-
vice and opinions Of those officers, after an ex-
animation OF some of the crew and careful de-
liberation, was that the safety of the brig Som
ers depended upon the immediate execution of
Mdshipman Spencer, boatswain's mate Crom-
well and seaman Small.
That Commander Mackenzie, in pursuance of
the advice of his officers, and in obedience to
the dictates of his own judgment, did execute,
by hanging, Midshpman Spencer, boatswain's
mate Cromwell and seaman Small.
That such execution took place on the first
December, 1912, in lat. II deg. 3im. 2Ss., and
long. al deg. 24m DDS, and that the brig, at
the time of the execution, was, by the log, dis
tantiirom st. Thomas 5a5i miles, at which
place she arrived on the 9th December, 1912.
The Court further find, that the conduct of
10. Ill.
crew, attentive TO their wants, and their COM
forts, that he was studious to promote their
knowledge Of their profession, and that no pun
ishments were inflicted greater than were rem
dered necessary by the discordant nature of
the crew, and the proper discipline of man of
war.
The Court further find that the conduct of
Commander Mackenzie, Lieut.. Ganseyoort, and
the officers of the brig, was, during the trying
scenes through which they passed, collected,
calm, and brave, and justified the confidence
reposed in them by their Country.
OPINION.
The Court are, therefore, Of opinion,
That mutiny had been organized on board |
the United States brig Somers, to murder the .
officers and take possession of the brig.
That Midshipman Philip Spencer, Boat
swans mate Samuel Cromwell, and Seaman
Elisha Small, were concerned in, and guilty of
such mutiny.
That had not the execution taken place, an
attempt would have taken place TO release the
murder the officers, and take COM
mand Of the brig.
That such attempt, had it been made in the
night, or during squat, would, in the judg-
ment OF the Court, from the number and char
acter OF the crew, the small size of the brig, and
The daily decreasing physical strength of the
officers, occasioned by almost constant watch
ing and broken slumbers, have been successful.
That Commander Mackenzie, under these
was not bound to risk the safe
ty OF his vessel, and leopard the lives of the
young officers, and the loyalty Of his crew, in
order to secure to the guilty the forms of trial,
and that the immediate execution of the pris-
oners was demanded by duty and justified by
The Court are further Of opinion, that thro'-
out all these painful occurrences, so well calcu-
lated TO disturb the Judgment, and try the en-
ergy OF the bravest and most experienced Off
Ger; the conduct of Commander Mackenzie and
his officers, was prudent, calm, and firm, and
that he and they honoraby performed their du-
~ TO the service and their country.
CHARLES STEWART,
President of the Court.
s4 OGDEN HOFFMAN, Il
I.I r.' sa Judge .advocate.
OF E'ermOnt, Natural.