The daily Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1841-1845, 1843-04-14
OFFICIAL.

Charge l-.uarder on ue high board Of
United States vessel
Specification LIST alleged hat Commander Maeksr.
zie, then commanding the United States brig soner
did, on the Isl December, 1912, on the high sea, N
latitude II degrees SO minutes % seconds and long.
tude 81 degrees 81 minutes As seconds without form
Of law wifuy, deliberately, aud with malice aiore-
thought, hang and caused TO be hanged by the neek
at the yard arm of said brig until he dead Phi.
lip Spencer, Midshipman then serving on board
thereby violating the 2st article Of the LIST section of
the act Of Congress entitled An act for the better
government of the Navy Of the United States" ap.
proved April %, 1900.
Specification ID alleges the same thing in regard 10
Samuel Cromwell, Boatswsins Mate, sc.
Specification Sd, in relation to Elisha Small, sea.
man.
Charge 2.-OPpressioD, under three specification
the the others, except that they allege did
without form Of law and without good and sufficient
cause, oppressivey kill by hanging, &c. &c.
Charge 3.--Megai punishment--three specification
above, except that they charge that he did, of his
own authority, and contrary to the Act of Congress
in such made and provided, kill, &c. &c.
Charge A. Conduct mlbeeoming officer
Specifcation-In that he used haunting and insult
ing language to Spencer at the moment of his execu
ton.
Charge 5.-Crrieiy and oppression.
Specifcation-In that he habituaIly inflicted cruel
and unnecessary punishment upon his crew
Finding Of the Court in Commander Alexander
Slidell Mackenzie's case:
On the LIST Charge and its three specifications tho
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 ID specification is not proven.
That the Sd specification is not proven.
That the % 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
huNoCatc, anu no Ssuthony UT eNiueHCe OHtl-
ed to sustain it, the Court took action upon it,
The specification Of the 5th charge, being deemed
by the Judge Advocate too vague waived by
him. No one having complained to the Department
Of specific -treatment, it could not be made more
specific, as the Department had no particular lnlor-
nation. The court therefore took action upon it.
As far as evidence was offered under the 9Th
charge the court find proof of mistreatment Of the
crew Of the Somers generally, by Commander Mac.
kenzie, nor Of individual maltreatment, and there.
fore find it not proved.
The court do therefore acquit Commander Alex
ander s. Mackenzie Of ell the charges and speci6ca
TONS preferred against him by tho Secretary of the
Navy.
As these charges involved the life of the accuse
and the finding 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 constitutionsy deprive him of that bene-
fit The finding, therefore, is simply confirm d. and
carried into effect without any expression Of appro
baton or disapprobaton the part of the President
no such expression being necessary.