The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1843-01-22

Il
| The case has been closed so far as the Court of
Inquiry, goes with the proofs This investigation
establishes the following points,
is That three men, Spencer, Cromwell, and
the lst day ofDec. 1912, when in command OF the
United States Brig-of-War Somers, when upon the
high seas, and within three days sail of the Island OF
ST. Thomas IN the West Indies
I'd. That the crime Tor which these men were
executed was for alleged mutny.
Sd. That the men were executed without the
formalities of trial, Court Martial and without
having had the privilege of confronting their accu.
counsel or assistance, and without the benefit of
err ss.examining witnesses brought against them
4th. Thattne accused were denied the privilege
| OF being present when the testimony was taken
9Th. That NO explanations were allowed to the
| accused by the officers who conducted the exam-
nation exparte.
9th. That no actual mutiny ever tool place, nor
was there any thing In the shape of evying war
against the officers OF the Somers, nor any such
thing as usurping the command OF the vessel or re-.
sisng the officers in the free and lawful exercise of
their authority and command on board of such yes
sell nor was there any attempt to deprive any officer
OF that vessel OF his authority and command on board
| thereof.
7th That nothing further than a plot or conspira-
cy to commit mutny at a future day has been prov
ed by the examination.
| The laws of the United States ought to be admin
stered with justice, hrmness and spirit of bene
Violence and forbearance. On board of vessel and
IN the military or naval service, the right Of trial by
Jury does not appear TO be cOntemplated aris-
ing in the land or naval forces, and in time of war
or public danger, are properly to be tried by Count
Martial The accused ought to be informed of the
nature and cause of the accusation to be confronted
with the witnesses against him-to have the assist
ance OF counsel or peers fOrhs defence land when
person is put to death contrary to all these rules
the body polite have great stake in the question
While Court Martial is conducted according to
military usages, the rule OF law applies "inter arma
silent 6ges, Il. e.) the civil authorities ought not to
Interfere: The jurisdiction of the military tribunal
is complete, but when the rules and regulations of
the military law are Frustrated, they in the
case on board of the Somers, the civil law slips
in as handmade to protect the rights of the citizen
The civil tribunals are competent to take into con-
sderation the conduct OF Capt Mckenzie, and try,
and punish him for his offences, which amount in
our humble judgment to murder. The act of Con-
gress extends to cases OF crimes committed upon the
high on board of United States ships OF war; by
persons duly enlisted and in service of the United
States, upon other persons at the same time who are
in the service of the United States. The 9Th Sec
ton of the act of Congress, passed Both April $780,
chap g. confers this jurisdiction upon the Courts of
the United States-when the crime is committed on
the high seas or In any rver haven, basin, or bay,
out of the jurisdiction of any particular State of the
United States, the courts of the United States have
exclusive jurisdiction TO try such offences. Chief
Justice Marshal,in the case of Bevans, Wheaton's
repts $50, who was indicted for murder, committed
on board of the U. S. ship of war Independence,
then in commission, and in the actual service of the
United States, and under the command of Commo-
dore cambridge, says, "the Indictment in this
appears to be founded the Sth section of the arti
Gle for the punishment Of certain crimes against the
Union cognizance Of certain offences committed
on the high seas, or in any river haven, basin, or
bay, ont of the jurisdiction of any particular State"
lie further says" it is not questioned that what
exercise of admiralty and maritime Juris-
dichon Is In the government of the Union"
He further says, -" that Government which pos.
sesses the broad power of war, which may provide
government and regulation OF the land, and naval
forces, has power 10 punish offence committed by
marine on board of a ship of war wherever that
ship may lie, Is proposition now to be questioned
in this Court"
Capt. Mckenzie ought to be indicted, in our hum
bic opinion, for murder. Whether the Jury would
convict HIM OF this offence or OF manslaughter may
be question OF some doubt No necessity appears
for executing the three men, but great deal Of cow
ardlce, trepldation, and want OF manliness and
humanity shows itself in the case, Notwithstanding
Captain exhibited before the Cont of Inquiry The
Captain has not explained why Spencer was lroned
and kept on deck night and day for three days or
more before his execution. He shows no cause that
would have prevented Spencer and the other men
from being confined In the run of the vessel, in
the state rooms OF the officers The idea of putting
men to death because they lumber up the deck, is
more horrible than any thing we have lately heard
of.
The vessel sailed less than $50 miles after Spencer
was put to DEATH to reach the Island of St Thomas
and no man is In his senses to believe that Captain
Mckenzie did not know the latitude and longitude
OF this Island. He was in the trade winds He was
to the windward of the Island and as certain as the
earth rolled eastward upon her axis so certain the
winds were TO blow the vessel towards ST. Thomas
with steady breeze. The stormy months in the
West Indies had passed The vessel in three DAYS
reached the Island Captain Mckenzie had % Off
GERS on board his vessel who had not Joined or bow
ed their knees to the conspiracy.
he had his cooks and stewards and servants In his
interest, and what persons trouble to HIM be-
by the twenty-three or twenty four hundred lashes
which he had inflicted upon them during the voy-
age. No man who has the talent reauired to com.
mand vessel or regiment, or to conduct cam.
paign military or otherwise, will resort TO hogging in
any great degree Foggng, like angels visits should
be slew and far between" A good man and
brave man will do little at fogging, but coward
resort to fogglng on every trIf1lDg occasion The
human mind abhors the idea OF mutiny-no indl-
yidual will resort to it unless badly treated in the
first instance. The human mind obeys the laws of
nature, and follows out the principle of obedience
to the supreme head, unless something is done to
violate that disposition and feeling Of action. Mill
tary leaders, monarchs and great and good men al
ways find the human family obeying the laws of ma
ture revolving around the greater lumnary. The
very fact that a commander OF a vessel finds his
crew dissatisfied, unfriendly, and in a state of mu-
tiny towards him, proves concusively that he is un
worthy and incompetent to the command thereof
NEPTUNE.
FRANKLIN THEArRE.-This byou of house opens
tomorrow, on the cheap system-at a shilling and
sixpence. All sorts of amusements will be given,