New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1843-01-09
THE TRIBUNE E.
Tbe Case of the Somers Another View.
Private Correspondence OF the Editor

Friend Greeley: In your paper of the 29tt
inst / have read an article on the subject of Capt.
,aI Punishment at the close of which you aude tc
the Mu,iny on board the Somers, and say:
nJf It. Mackenzie had evidence that the preservation
his .hp and from piracy demanded the immediate e1
tron the ringeadert OF the mutiny, he fully jpsi
led 10 coesigning Them TO death. All judgement on hi,
poo should be suspended mt; the clearly before
The public"
am your friend-certanly no enemy of Mac.
kenaie-and you know that / am rot likely to be
biased by favor toward one here most afflicted b,
the affair in question: but you must pardon me
for saying that deem your proposition, so coolly
put forth, as most monstrous. You assume tina,
the only point is whether Mackenzie had evi.
dencc, &C., and on that you require suspension
ofjudgement. Sir, it seems to me judgement had
better be suspended on the other proposition. 1t
appears to me of snail moment how the point you
make may be determined, in comparison with the
other great question of poper, unlimited, as you
state the proposition, except by the evidence the
Commander might have, no matter hoac obtained.
understand you to maintain that the Commander
of nan.ofwar, or merchantmen or fishing
smack if ne has evidence that the safety of his
sci and require it, is fully justified in hanging
z,
A. B. c. or D., and that he may hold this grave
couaci in bis cabin. and there by his ez-parte In
QUESTION, decide and execute; and if afterward ii
stall apPear that he had evidence, he must be jus.
tifed hang first and try afterward. Blu, the dan
ger may be, or appear, imminent; 80 this good
Christian Commander may take counsel OF his
fears, or his malice If he be not good Christian,
and doom his man TO death de'sberately-other
wise ne aud his crew may meet like fate. This
is pushing the doctrine of sefdefence with a
gengeance. The oid-fashioned notion of re-
treating to the wall must give way to this
new discovery for the prevention of crime
Or the avoidance of hazard by anticipation. And
hereafter we shall understand that all "who &C
down to the sea in ships and do business upon the
great waters, liable to be run up to the yard
arm by order Of tho Commander, and the only
point OF inquiry will then be whether he had evil
dence that the safety of his ship and crew required
such & curse. formerly it was held that Judge
without jurisdiction, who should try and sentence
man to DEATH was murderer if the sentence
was executed, however guilty the culprit executed
might have been: but this novel doctrine of ne
cessity will Of one murder to prevent two
decided seuiag: necessity-the cowardy plea
for all tyranny.
| have not tine to pursue this subject noa0 furS
ther Than TO stats the true doctrine as | understand
it. fake tho case of the Somers as most favorabls
sa,ed for Mackenzie: h had right to be obeycd
in oil iawi1i i'tters-to coniine mutineersif there
was resistance, 70 enforce obedience to the taking
OF life in actual conflict bat he had no right to
hang men already in irons, through fear that they
might be rescued and he and bis faithful men MUIR
dered. No matter how strong the evidence that
there wss such design ON board-he was bound
Ito stand the hazard OF the attempt. But he held
an inquisition in his cabin, and hung three men
through fear of what might happen if be did not.
viii uot say that brave man Nigh not 90 it:
but must say that it was cowardy act as wall
monstrous usurpation of power. If it was as
sisted, it was murder. And although would mol
have Mackenzie hung. 1 would have him tried and
convicted and dismissed from the Navy, mat
ter indspensably necessary to its well-being.
Yours, A. l.. f.
R5 Having given our own view of this case, we
let this pass without further comment. Our cor
respondents views are very forcby stated, and are
certainly deserving of consideration. Ed. Ir.
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