The daily Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1841-1845, 1843-04-13
OFFICIAL.

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Charge l.-.u'~der on he high seas Q, board q a
Unied Siaies Uessei.
Specification lst alleged that Commander Maekon-
ze, then commanding the United States orig somers,
did, the Isl December, 1912 on the sigh seas in
latitude IL degrees 50 minutes rs second aud Iong
tude 81 degrees 81 minutes IS seconds Without foru,
OF law, wilfully, deliberately and with malice afore-
thought, hang and caused TO be hanged " tho neek
al the yard Of said brig until he Wan dead, Phi
lip Spencer, Midshipman then serving on board,
thereby violating the 2ls article Of the dissection Of
the act of Congress entitled An act for the better
government Of the Navy OF the United Sites" APP
proved April %, 1900.
Specification ID alleges the same thing in regard 10
Samuel Cromwell, Boatswain's Mate, sc.
Specification 80, in relation to Elisha Snail sea-
man.
Charge 2.-Oppression, under three specifications,
the same as the others, except that they ae he did,
without form Of law and without good aud sufficient
cause, oppressivel kill by hanging &c. &c
Charge 3.-Iaegai punishment specifications
as above, except that they charge that he DID, Of his
own authority, and contrary to the Act ofCongress
in such cases made and provided, kill, sc. &c.
Charge 4 -Coadiet uabeeomi,,g officer.
Specilcation-In that he used haunting and insult
ing language to Spencer at the moment of bis
ton
Charge s. Cruelty aud oppression.
Specication--In that he habitually inflicted cruel
and unnecessary punishment upon his crew,
Finding of the Court in Commander Alexander
Slidel Mackenze's case;
~ ~ a.
Court finds
That the LIST specification is not proven.
That the I'd specification is not proven.
That the Sd specification is not proven.
That the lst Charge is not proven.
On the I'd Charge and its three specifications, the
Court finds
That the LIST specification is not proven.
That the % specification is not proven.
That the Sd specification is not proven
That the I'd Charge is not proven.
On the Sd Charge and its three specifications, the
Court finds
That the LIST specification is not proven.
That the I'd specification is not proven
That the Sd specification is not proven
That the Sd Charge is not proven.
That the 4th Charge being waived by the Judge
Advocate aud no testimony or evidence being offer
ed TO sustain it, the Court took no action upon it,
The specification Of the 5th charge, being deemed
by the Judge Advocate too vague, was waived by
him. No one having complained to the Department
of specific -treatment, it could not be made more
specific, as the Department had particular infor
nation. The court therefore took action upon it.
As far as evidence was offered under the 5lh
charge the court find proof Of nistrcatmen of the
crew of the Somers generally, by Commander Mac
kenzie, Of individual maltreatment, and there.
fore find it not proved.
The court do therefore acqnt Commander Alex
ander s. Mackenzie Of all the charges aud specifca-
tons preferred against him by the Secretary of the
Navy.
As these charges involved the life Of the accused,
and the finding is in his favor he is entitled TO the
benefit Of it, as in the analogous Of verdict Of
not guilty before civil court, and there power
which constitulionay deprive him Of that bene-
it. The finding, therefore, is simply contpm,d, and
carried into effect without any expression of appro-
baton the part of the President such express
sion being necessary.