The Charlotte journal. [volume] (Charlotte, N.C.) 1835-1851, 1843-04-20
MACKENZIE AND che
SOMERS

FROM THE UNITED STATES GAZETTE OF APRIL ii.
We give below the charges and speclfi-
cations brought against CummandeI Mac
ken7le, on account Of the execution Of the
muiinecrs on board the L. !. brig Somcrs,
and We add the finding vi the Court Mar
tla in all.
1t will be observed that The result is an
entire acqulital on every specification, and
that the President Of the lnlted States
has approved Of the action Of the Court.
Cn.RGE I.-Murder on the high seas on board q
United Suites ue.sei.
Specification first alleges that Commander
Mackenzie, then commanding the United States
brig Somers, did, on the first Of December, lsi2,
on the high seas in latitude II deg. ) min. -
sec. and longitude 81 deg 81 min. as sec, with
out form OF law, wiliully, deliberately, and with
malice aforethought, hang, aud caused to be
hanged hy the neck, at the yard arm OF the said
brig. until hc was dead, Philip Spencer, mid
| shipman. then ing on board, thereby violat
ing the 2lst article OF the lst section 0! the act
of Congress, entitled can act for the better GOV
eminent Of the Navy Of the United States" APP
| proved April 23d, $500.
Specification second alleges same thing in re-
gard to Samuel Cromwell, boa,swain's mate, and
Specification third, IN relation 10 Elisha Small,
seaman.
Gu, a. L. Oppression.
Under three ,ications the same as the 9th
ers, except that they allege he did, withou, form
of law, aud without good and sufficient cause
oppressiyey kill, BY hanging, &c &c.
CHARGE II.-Meg0I Punishment.
Three specifications above, except that they
charge that be dad, Of his own authority, ant
Acontrary TO The act OF Congress IN such case,
made and provided, oiil &c. &c.
CnARGF IY.-Conduct unbecomine an officer.
Specifca,ion-In that he used taunting ans
+ insulting language To- Spencer al tne moment o
his execution.
Cu,RGE Y.--Cruslty and Oppression.
SpeeItica,ion--In that he habilually inflicted
cruel and unnecessary punishment upon his crew
. Finding Of the Court an HE case Of Commando
ALEXANprR 5. Mackenzie
On the FIRST charge and It's specifications Ia,
Court finds.
That the Isl specification is not proven.
That the 81 specification il not proven
That the 81 specification is not proven.
That the LIST charge is not proven
On the I'd charge and It's specifications
That the lst specification IS not proven.
That the 81 specification IS not proven.
nal Tie 81 specihcdlioH as not proven.
That the 81 charge is not proven.
On the Sd charge and It's specifications
That the lst specification is not proven.
That tho 81 specification is not proven
That the 81 specification is not proven
That the 81 charge is not proven.
The fourth Charge being waived by til,
Judge Advocate, and no testimony or evi
dence being offered 10 sustain ii, the Ccur
took no action upon it.
The specification Of the fifth charge
being deemed by the Judge Advocate too
vague, was waived by HIM. No one hay
lug complained to the Department of spe
cliic i'll treatment, it could not be made
more specific, as the Department had NJ
particular Information. The Court there
fore took no action.
As FAR as evidence was offered unde
the 9th charge, the Court do find no proc
Of mis,rea;ment of the crew OF the Snmer
generally by Commander Mackenzie, no
of individual maltreatnent, and therefor
find it not proved.
The Court do hereby ACQUIT Comman
der Alexander s. Mackenzie of the char
ges and specifications preferred agains
him by the Secretary of the Navy.