The Middlebury people's press. [volume] (Middlebury, Vt.) 1841-1843, 1843-03-22
PRESS.
Middlebury, March %, 1913.
COMMANDER MACKENZIE.


We regret to find that attempts are ma
king in the Circuit Court in New York 10
procure an Indictment against Commander
Mackenzie and Lieut.. Gansevoort for MUIR
der in causing the deaths of Spencer and
others. The Jury came into Court, Judge
Belts presiding. requesting 10 be informed
whether they had jurisdiction in the matter.
The court have been hearing arguments Of
the counsel upon the subject. Chancellor
Kent has given an opinion in the papers adj
verse TO the jurisdiction of the civil courts.
To those who have watched the public mind,
il is obvious that, except by few desperate
fanatics Of The non- resistant stamp, Com.
mander Mackenzie has been fully acquitted
by verdict Of the people of the country in
his favor. Indeed every reasonable man
must view with unmingled admiration the
courage, decision, and prudence with which
he discharged the responsibilities resting
upon him to save the lives of his officers and
crew from massacre, and the honor of ma
tional vessel from the disgrace of wearing a
piratical banner. Still there arc few ma
lignant spirits stimulated, ii may be f,om a
high quarter, who are determined 10 follow
Commander Mackenzie through all the
forms of persecution, until they have depri-
we'd him of character and life. We have
never seer, any thing in civilized commu.
nifty TO be compared with the hoi haste Of
his prosecutors for his blood. After having
been once fairly tried and honorably acquit-
ted by Court of Enquiry, and now on trial
before Court Martial, 10 endeavor 10 en-
barrass him with civil prosecution for the
same offence, is an evidence of implacable
malice which none, but barbarians without
the semi, could indulge. Even the worst Of
criminals, and of the most unquestionable
guilt should be more fairly dealt with, nuch
more gallant naval officer, who, TO say the
worst, was unnecessarily hasty in executing
mulinesrs who were guilty upon their own
confession.
We are rejoiced TO find that the N. York
press are taking hold of this matter, and ex-
pressing The most unqualified Indignation al
the course pursued towards The officers of
the Somers. However corrupt other de-
parlmenis Of the government NAV be, we
trust that the pure ermine of Justice may not
be contaminated, and that no aid will be
given in our legal tribunals to crafty the
malicious propensities Of any mao however
exalted his station, or persevering and pow.
crful the energies of his revenge.
The Journal of Commerce" asks The fol-
lowing pertinent questions:
els there not manifest improperly in
bringing Captain Mackenzie before a grand
jury while vet he is on trial before a court
martial? Does not the Constitution ex-
pressly declare that no person shall "be sub.
ieci, for the same offence, to be twice pu;
in jeopardy CT life or limb - But, apart
from this. why such indecent haste? Will
there not be time enough 10 consider his
case in another court, after The court mar
tia shall have disposed of it? DO the ene-
mics of Captain Mackenzie expect TO carry
him by storml Can they not wait for the
usual forms Of procedure 10 be gone thro'
with 7"
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