The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1843-04-14
BY THE SOUTHERN MAIL.
Washington.
lCorrespondence of the HERALD
WAcIII.,1.-roar a pxl 10 lQ 4.


lCorrespondence Of the HERALD
WASHINGTON, April IL, 1913.
Op'"'o" o. fhe Court Martial and Decision of the
Erecnttre IN Capt McKenzie's Case
see thal the papers, particularly those of your
city, are INDUCING in statements of what has trans
pred here in relation to McKenzie's case and of
course, the usual exaggcrations and peryers;ons an
pear. Ihave no other means of information on the
subject than such possessed by well informed
persons generally in this city, and as your paper has
pursued the most dignified and impartial attitude of
any, have supposed you would not be unwilling 10
hear what is said and understood here by such per-
sons.
You are probably aware, that by the rules and re.
gulations of the navy, all sentences of Courts Mar
tia which shall extend to the loss of life, require
the concurrence of two thirds of the members. AS
the Court convened for the trial of Mckenzie con-
sisted of twelve members (Capt Smith, having
been excused in consequence OF sckness) it required
vote OF to to convict him, so that the strange
anomaly was produced, that minority OF against
caused acquial instead of the discharge of the
Court on account Of their disagreement, as would
De the result In criminal trial bsore jury, when
another trial must be had. Now the understanding
mere IS, derived chiefly from letters from New York
mat the Court actually stood for cOnvlctlng to
Tor acquiring. And in this state of things the find
ing OF the Court has been very peculiar, as it is
is usual, that Mckenzie is not guilty. of the diff
lerent spechcatOns, they say the specifications are
=" not proven" Whether this mode of expression
has been adopted to satisfy the tender consciences
Mckenzie was not guilty, probably can never be
determined. Having found the specifications "not
proven" they of course find him not guilty Of the
charge embracing those Specifications.
If Commander Mckenzie can find consolation
in technical acquttal, when seven of his brother
officers under the awful circumstances of the case,
have pronounced their opinion that he has been
guilty of the murder of three unarmed prisoners, he
is certainly entitled to the full benefit of it.
1t Is the prevailing opinion here, however, that
Mckenzie can never be employed in the public
service; thatwhile ne vii! be summed by his bro
Their officers, seaman will ever under him.
And whether he Is to remain pensloner on the
government remains to be seen.
1t is currently stated. that the language of the
President in dsposipg OF the finding of the Court is
unusual; that instead of "spprovlng, he has con-
firmed the proceedings. In the discussions which
have heard this language is attributed to the pecu-
liar views entertained by some, that IN capital
that of Judge on criminal trial, merely to de-
clare the judgment of the law upon the finding OF
the jury. Others maintain that courts martial are
different from any other courts; that the officer APP
pointing the and its members integral parts
os the whole, inasmuch no finding IS valid until
approved or confirmed by that sfficer, and that
thing is more common than to send back to the
court Its proceedings revision. In several memo
rable cases, this ls known TO have been done whe-
ther the present. being capital case, varies the pin
cple, is more than can say.
The rumors, you may hear about discussions in
the Cabinet this CASE must be untrue, as no one
can possibly be acquainted with them. At all
events, it is known, that Mr. Spencer has absented
himself from the two last cabinet meetings, and the
cause is, Of course, understood. But while the dis
cussions Of the cabinet unknown, the members
Individually have net been able to keep those with
whom they associate, wholly from knowledge of
their feelings and opinions; and it very generally
understood, that with perhaps one exception their
mass of the country, and any thing but favorable to
McKenzie's courage, discretion, humanity, or his
sense of justice
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