Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1843-02-10
VElD PRRS
From the New York Spectator, Feb 4,l.
THE COURT MARTIAL.

shutting and attendant upon the organization
OF the Court Martial now in daily session at
the navy yard, Brooklyn. 1t will be seen
that the Judge advocate announced his expec-
,aiion of professional assistance from an en-
mont eoadjuor; and it is stated also that
Mcssrs. IF. Butler and Charles O'Connor
have been specially retained as counsel by
the Secretary fWar.
Paragraphs have appeared in some journals
intima,ng that one member Of the Court of
Inquiry dsscnled from the judgmen, of the
two others, in exonera,ing Commander
Mackenzie. We are enabled to rectify this
error by saying that the cxonera,on pro-
nonnced by the Court of Inquiry was unanl-
nous and unqualified.
NAVAL COURT MARTIAL.
Prosent--Commodore ions DowNEs, pros-
dent. and all the members OF the Court.
Mr.. CiaStnn, the secretary Of the Cont of In.
qury has been detailed as secretary to the "a
seit Court, and Captain Douglass, Of the Marine
curis, as provost marshal.
GORGE griffin and Jous DuER, Esors, ap.
,"sr ~ counse! on behalf Of Commander Mack.
er2io.
A! half past eleven the gun was fired, and the
Court being opene1 the judge advocate read the
order from the Navy Department to Commodore
Duwnes, enclosing the precept for the general
Court MARTA, and also the charges against Com
mander Mackenzie.
Also all order and precept for Court for the
t,ial of any such persons as may be brought be-
htc ii, specifying the number Of the Court, any
five OF whom may act in the premises, and con-
e,tute Court.
Also two letters from the Secretary, excusing
certain previously named members from attend
Ing, and detailing others.
Commander Mackenzie being asked il he was
ready for trial, said he was. and that he had no
objections whatever to any of the members OF
the Court.
The judge advocate then administered the
oath TO the president and members of the Court,
and il was in turn administered 10 himself bv
Com. Downcs.
The judge advocate then read the following
charges and specifications preferred against Com
narder Mackenzie:
Charges and specifications of charges preferred
BY the SECRETARY OF THE NAVY, against ALEX
AMER SIIpELL MACKENZIE, a commander in
tho United States Navy. to wit:
Charge I.
MURDER on BOARD UNITED STATES VESSEL
on THE HIGH SEAS
SPECIFICATION Isl. In this that the said Com
nandor ALEXANDER SLIpELL MACKENZIE, of the
Navy, commanding the U. $. brig Somers, be-
ing on the high seas, to wit, in II deg. 81 mn
% sec. north latitude, and 81 deg. 81 min 45 sec
west longitude from Greenwich, or tbereahout.
on the lst. day Of December A. d. 1912. did
then and there 7ritlout farm IF I13r 7r;Jf,IIv de-
lJc-ctelv and wih malice afJrctbo,.GM. hang and
cause to be banged by the neck at the main
y.rd.artn of the aforesaid brig until he was dead
Philip Spencer. an acting midshipman, then in
the service of the United States. thereby viola.
tnr the 2Ist. article of the act of CONGRESS. en-.
titled An act for the better government Of tho
Nav of The United States, approved Aprjl Odd
$500.
Specification ID, Exactly the same as the nre.
vio,is ona. suhsti,utinr "Ss,nuel CromwelI hnat.
.u..;,,, mate ,ho, 20 ,lo ,ox,.;,, &c H. Lifted
S,.tos and hornn IN ,Lo mns,or roIi of G, ia hro
Tar" p,;Iin s;nonror oc,in,, r;Ish;nno, ,bon u T.
mo scry;ra 81 Tho J,nited States, y "
c..c,.,.,,y rr,'. A., o.,
t, i1M ou a ne Salne do ne "e, suo
C,, t..",. ..'''s'' s."',,"''' 'o' o'''ue
o'o"'"e''' ooA''" 1nn mat
Nharse~'
fIh. ~!
NIeo1".''" NE ',at lie sa'u Con
ma''ue' i-.eArnost S1.eei' Iiacnenz'e, Vi 'lie VA
~ Io','na'u''.s we - =. o,Is "o,Ners' ool,'s VI
VI. t'f. go ~ ~. y! uoe, ~ mn, 90 see
Hof'" 4a' anu 81 de ~ INN. ot Yves, long. iron
H1een%lcIN or 1heteapoul, on ,h9 ISL. Gay
Deo,"'oiF rot@' olu t''eh ana there' "nhou
gee" "no StgIc 't, cGnSf'a to "unow Jorm " "a"
s.r.SS5't,sSy XIII oH haneL'g ana causing 70 "
"""Beu ny t!e neCh' NJ Tue i'ali' yaiu arm VI th
a'olesa'u pilg'fh4P Hpehcer'ah act'ng ihlushiP
man. 'heh IN Inc service OF Inc Cnited states
thereoy violating the 3D. article OF the LIST. sec
uoh OF the article OF congress- entitled. Al
&C! Tor the better government OF the Navy OF tn
onted SIates' approved April 20, loOO
npscy'a!'0h 2a'-Saine as lhe above, wit
the sane alterations as IN the I'd specialization G
:. cnarSe.
hpeciHcafion 3a.-Sane as the %, with tn
same alterations as IN the 80 specification OF tn
LIT charge.
Charse "'
ILLEGAL PUNISHMENT.
HgecY,'as'oh i"'U c- ,n!s mat The SAID Com
g'anugr A,eE :, ' o.ueli MacNenze' comman
olns lhe y. D: pr,s somers' oe'ng on the h'g
seas 10 WIZ III II oeg. 54 MN. 20 sec. Mort
!hl. ana 81 de. % mn 40 sec. w est long 1ror
(rT1Npr1pH lInTP1bHit n ST nf