Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1843-02-22
OPINION
0fMc Court Of Inquiry in The case Of The

and intelligent PUBIC sentiment:
U. s. SHIP NoRrH CAROLINA,
January Goth, lS43.
PRESENT.
Commodore Charles Stewart,
Commodore Jacob Jones,
Commodore Alexander J. Dallas.
Ogden Hoffman, Judge Advocate.
The Coun. afier due deliberation, resolve
TO report The facts and circumstances oil the
case submitted to them, and TO deliver
their opinion upon the facts, as follows:
In execution Of the order OF the Hon. So
cretary o. The Navy, the Court. with The
exception Of Ten OF the crew, who are in
confinement, examined every officer. sea
man. aud apprentice, belonging TO tho U.
States brig So.ners, in her late cruize, and
unanimously repor, The following facts as
proved TO tue Court by the testimony, the
record Of which they have The honor here
with to submit.
Thai on the 9th November, 1912, in
lat. l3 - 10, aud in long. al "a 10, Com
mandcr Mackenzie discovered that a mu'i-
ny had bcen organized on board the brig
Sorncrs.
The Cour, farther finds that such a mu.
my did exist. aud that mid,hipmau Philip
Spencer, boatswain's mate Samuel Crom-
well, aud seaman Elisha Small, were
ringIcaders in il, and that others Of the crew
had knowledge of It's cxistcucc aud par:i.
cipa,ed in its guilt.
That on the 9Th November, midship-
man Spencer was arrested aud contiued in
irons, that OH the Subsequent day boat
SWANS mate Cromwell aud ANA Small,
were also confined in irons, aud al the
time they were 30 confined, it was the in
%,cn,ion Of Commander Mackenzie TO bring
them 10 the United S,a,cs 10 be tried by
the avs ofrheir country, aud that 10 eiEcc,
his desired object, Commander Mackenzie
adopted every measure that q brave, pru-
deaf, aud skillul officer could adopt. That
during The confinement of the prisoners.
~sul,cuness, discomfort, inatteu,ion 10 duty,
d~isobedience TO orders, often Us came
know, aud naval records prove, the sulc
TO open acts OF violence aud
blood, were manifested by The crew, and
justly excited the belief in the commander
aud officers, that an attempt would be
mads TO rescae the prisoners and take the
brig from those TO whom she had been en-
trusted by The Government.
The Court farther find, hat there was
no place on board the brig which would
have given greater assurance Of protecting
the prisoners from a rescue, Than the quar-
ter deck, On which the prisoners were con.
Sued.
That Commander Mackenzie. iT the re-
sponsible situation in which he was pluced,
sought. ms i, was his duty 10 do, Tie advice
and counsel of his officers, and hat the
unanimous advice and opinion Of those Of
fccrs, after all examination Of some Of the
crew aud careful delibcra,ion, was that the
safety of the brig Soruers depended upon
the immediate execution Of midshipmau
Spencer. boatswaiu's mate Cromwell aud
seaman Small.
.rhc commander Mackenzie, in pursu-
of tie advice Of his Officers. and in
obedience 10 The dictates OF his own judg-
uienl, did execute. by hanging, midstNip-
Spencer, beatsw aiu's Inalc Cromwell
and Seaman Small.
That suci, execution took place on the
ist December, 1872, in latitude II deg.
BIN. 2ss., and longitude Al deg. 2I'n. l5s,
aud that the brig a, The time Of the execu.
lion was, by los, distance from ST. Thorn
rs 5254 miles, III which, place she arrived
OH the 5lh December, 1912.
The Court farther find that the conduct
of Commander Mackenzie had been kind
TO mis- crew, attentive to their wants cod
their comforts, ;ha, he was studious 10 pro-
moe The knowledge Of their profession.
and lha, no punishments were inflicted
crcuter than were rendered necessary by
the discordant nature Of the crew, and the
proper discipline ola man Of war.
The Court farther fluid lha, the Com
n,andcr Mackenzie. Lieutenant G%anscvoort
and the officers Of The brig, was, during.
the trying scenes through which they pas
sed, collected. calm and brave, aud iusti-
fed tho confidence rcposcd in them in their
country.
The Court arc therefore Of opinion:
That n mu,iny had been organized on
the United States brig Somers. TO
The officers and take possession CT
the brig.
That midskipman Philip Spencer, boat.
swuin's raale Samuel Cromwell, and sea-
men Elisha Small, were concerned in and
guilty Of such muIiny.
That had NOT the execution taken place,
attempt would have taken place 10 re.
lease the prisoners. murder ,hsoficcrs, aud
take command of the brig.
That such an attempt. had it been made
in the night. or during a squaIl. would, in
the Judgment Of the Court, from the mum
Der and character Of the crew, the small
size o! the brig and the daily decreasing
physical strength Of the officers, OCCASION
ed by almost constant watching aud bro
ken SAUNDERS, have been successful.
That Commander Mackenzie, under
these circumstances, was not bound TO
risk the safety Of his vessel. and leopard
The lives of the young officers, aud The 10y
a Of his crew, in order to secure 10 the
guilty the forms Of trial. aud That The im.