The Hillsborough recorder. [volume] (Hillsborough, N.C.) 1820-1879, 1843-02-23


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OPINION OF rye c0tRT OF sSQUIRY
We have Il Iengih received ihe fol-
lowing document through an unexpected
|ehannel. having for some days past ex-
peeled lis publication by sdireet emaua-
iion'from The Navy Deparupenc
MAJ. Infsi.
From the New ssrk IieSh q Feb s-gR. NJ
We have received from onr special
correspondent al Washington a cofrees
copy Of The v.illen Opinion Of late Court
OF Inquiry in tie ease Of Commander
Mackenzie. and we hasten 10 give II 10
orr readers with as liule Delay a possi-
bic:
uaised States 5 Up North csfssns.
sJssoaFy 20 is43
Present, Comnodo-e Charles stewart,
Commodore Jacob Jones. Commodore
Alexander ]. Dallas, and Ogden Hoff-
man, Judge Advocate. ?
The Court. after due deliberation, re-
solve 10 report the facts and circumsian-
ces Of the case submitted TO them, and 10
deliver ihsjf opinion upon the facts as
follows;
In ne exception 81 he order of the
Hon. Secretary OF iheNsry. ii.e Court.
with the exception Of ten Of the crew.
who are in confnemens examined every
officer, seaman. and apprentice belonging
TO The United States brig Solhersein her
late cruise, and unanimously report The
!. facts, as proved tolhe satisfaction Of the
I Court BY the testimony, the record d
\ which they have the honor herewith 10
submit.
1 That on ihe 9Th November, 1872. n
latitude 10 "a kl6, aud Longitude Al -
As, Commander Mackenzie discovered
that muiins had been organizedon board
the Somers. u Y -
The Court further finds that such mu-
tiny did exist, and..ihat Midshipman
Philip Spencer. boatswain's male samuel
Cromwell, and seaman Elishe Small
were rinsleaders.in il. and that others 81
the crew had knowledge OF its exislencs
and participated in its guilt.
i That on the 9th November Midship.
] man Spencer was arrested and confined
Z in irons that Oh the subsequent tlay boat
swai..,s mate Cromwell and seaman Small
were also confined in;irons and, al the
time they were so confined, .itwas the in
,tention Of Commander Mackenzie 10 bring
them to the United States to be tried by
The laws of their country, and that 10 eff
feet this desired object Commander Mac
kenzie adopted every measure that a
brave, prudent, and skilfnl officer could
adopt. That during the confinement oil
the prisoners. sullenness. discomfort, in
attention to duty. disobedience 10 orders,
often, as seamen know. and naval records
prove, the sole precursors to open acts oil
violence and blool. were manifested by
the crew. and justly excited the belief in
the Commander and the Officers that an
attempt would he made 10 rescue the pri
soners and take the bril- from those ia
whom she had been entrusted by the
Government.
The Court further find that there was
no place on boardsihe brig which would
have given greater assurance Of protecting
the prisoners from rescue than the quar-
ter deck, on which they were confined.
That Commander Mackcnzie, in the
responsible situation in which he was
placed, sought, as twas his duty to ito,
the advice and counsel Of his officers, and
that the unanimous advice and opinion Of
those officers. after an examination ol
some of the crew. and careful deliberatlon,
was that the safety Of the brig Somers
depended upon the immediate execution
of Midshipman Spencer, Boatswaln 5
mate romwell. and seaman Small.
That Commander Mackenzie, IN pnr-
suance of the advice Of his officers. and
in obedience TO the dictates Of his own
Judgment, did execute, by hanging. Mid
shipman Spencer. Boatswain's mate
Cromwell, and seaman Small.
That such execution took place on the
/ st of nereaib,r. 1912, in latitude II de-
g,ees 81 minutes % Seconds, and longi'
tule Al d grees "a minutes As seconds
and that the brig, atihe time ofthe execu
ton. was, by the'log. disian,irom St. Tho
| - ~n,l t,,,o,.,, 6vo nnI I