The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1843-01-19


once determined adopt no but after mature de-
liberation shrink from that the Of
country and my sense Of duty should demand Whether
the influence this determination is not apparent in all
subsequent acts submit to the judgment of the court
believ ed then in the existence of plot In which, by the
declaration of Mr. Spencer at least twenty Of the
concerned The nature Of this plot, involving the
murder Of the and large portion 0fhs crew and
those who had agreed to capable Of carrying into
execution and committing any atrocty. This opinion
depraved character the crew and by the fact that ma
them although in strength and size were still
temptation and easily aured by the pleasures
held out to them accompanying the life Of pirate Ha-
wing stated the reasons which produced the conviction in
my mind the existence Of the plot only remains for
to those which induced TO change my orgi
nal determination to bring the prisoners the United
states for trial. and to deem their immediate execution
cessary.
was infuencedFrst. by the INSTRUMENTATION of the
crew. manifested after we had left the coast of Africa and
very much increased after the of the prisoners;
tn gloomy and angry looks their conferences
broken of when an officer appeared their increased
obedience of some; the attempt Of several 10
with the prisoners All these circumstances convinced
that there danger Of rescue and that this scheme
was in constant agitation.
Secondly, by the uncertainty under which we labored
to the extent of the mutiny and the nuty and dan.
ger attempting to ascertain by examination of the
crew, how many were to be relied on Let us suppose
that the whole crew had been examined, and all had Pro-
tested their innocence and ignonorsnce; could we have
been diminished? On the contrary must not
the universal denial have increased justified our susp
that many were guilty, and could not have known that
any innocent II the examination had resulted in
the discovery OF the certain guilt many of the
fine and guard them was impossible leave them at
large, with knowledge that their guilt known, and
that if they arrived in safety death might be their
DOOM was to render them desperate and outbreak in
evitabe.
Thirdly by the exhaustion of the officers and by the
tbokt
tgue to which they were subected and by the fact
from loss Of rest and continual exertion were daily
losing strength whilst that of the mutineers from
creasing numbers was daily becoming greater
Fourthy by the conviction that. If it posi-
BILE for the officers to defend themselves and their
iar weather, If storm should arise ang the attention
Of the officers and petty officers from the prisoners the
necessary duties Of taking of the vessel it would
have easy for few resoute to have released the
prisoners and taken possession Of the vessel
Filthy by the size of the vessel which rendered il i'm.
possible for me to conne any prisoners and prevent
other and with those ofthe who were at large
Finally by the conviction that by the execution the
power navigating the vessel as other person would
be capable taking charge of her. and that this the
only eectual method Of bringing them back to their al
legiance, and preserving the vessel committed to my
charge.
Having thus briefly stated the motives which produced
the beliethat the execution of the
was necessary would only add that had any doubts
listed in to the necessity of the be
sued they would have been removed by the unanimous
whose means of judging better than my own that
such course was necessary and inevitable Their opin
that in pursuing this course was doing my duty faith
fully to my God and to my country have the honor to
be very respectfully,
Your most obedient,
ALEX. sLIDELL MACKENZIE,
Commander U. s. N.
U. s. s. North Carolina, 18th January, is43.
To the Court Of Enquiry.
Some conversation then took place respecting the
proprfety Of giving this statement place the record
Commodore JONES thought it should be placed the
record.
Commodore DALLAs.-It is nothing nor less than
defence, and cannot therefore, with propriey have
Captain MoKENzE.-I would merely beg to remark that
would regard as equally admissible with my official
narrative.
Commodore DALLAs-If it had been presented with the
narrative il would
The JUDGE ADvocArE-1h have no legal objection to Of
fer against its admission into the record But the precep
authorizes us merely to enquire into the facts and from
them to form an opinion cannot see, then. how the
s
duct can have place on the record The court to
judge Of these motives from the facts disclosed by witness
oath.
Commodore STEwARr.-The statement in that paper
cannot, OF course influence our decision.
JUDGE ADvocAlE.-Why, then should they be placed
Commodore srEwARr.-The official narrative cannot
have any influence on our decision, and yet it given
Commodore DALLAs.-We necessarily obi ged to
hear the first statement.
Commodore STEwARr.-Oh no.
Commodore DALLAs-How, then, could we have
known anything Of the facts to be elicted7
Commodore STEwART.-By the witnesses, of course.
JUDGE ApvooA1E.The decision then, is that the paper
be placed on the record
Commodore JoNEs.-Yes.
yet ready
Captain McKEszrE No, SIR One Of them has, Ibe
lieve some i'll feeling against me- and may not come at
all.
Commodore srEwARr.-where are the witnesses
Captain McKENzIE.-In the Bowery.
Commodore SrEwARr.-Then we cannot expect them
to-day The court stands adjourned till at half
past II o'clock
The court accordingly adjourned,