New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1843-01-11

On the Towering heaven wlthered Leaf,
As faint as shadow on the grass
Tbrewn by CLEAN of moonshine brief
So life is bern, grows up, and dies,
Az cloud upon the world Of light;
Il comes in JOY, and moves in love,
Then,-gently fades away in night.
For The Tribune.
The Semers MHtiuy-Captain Macaenzie
Defended.
Nsssrs. Editors No one can TOO highly COM
mend the course of Capt. MACKENZIE and his
friends, in abstaining from all attempts to prelu-
dice ths public mind, through the medium of The
Press. pending the present exciting examination
BIT while decency would seem to require the same
forbearance should be extended TO him, the public
feeling has been outraged by two shameless com
rnunca,ions which lately appeared in the Standard.
The indispostion Of the Editor, Mr.. Mumford,)
forbids his being charged with the responsibility OF
these attacks; but | take the liberty OF saying to
the indiscreet author, be ne whom he may, he has
rendered but poor service to the miserable cause
OF Jshn Tyler, and those who surround INN, by
these unworthy efforts. These remarks are nol
elected by friendship for Capt. MAcKEszlE, as /
am wholly usacduaintcd with him; but by sense
Of what is due TO d distinguished, and hitherto
honored, officer of the Government, whom was
deyolyed without fault of his, the awful response
bility and painful duty of putting to death three
guilty conspilators in defence of the lives OF his
faithful officers and crew and the preservation OF his
ship with the flag Of his country, from the reproach
which awaited it, had these traitors succeeded III
their diabolical undertaking. Fortunately for Capt
Mackenzie he is in tho hands of able and fear
less Court, who will not be deferred from faithful
discharge of their duty by the puny efforts of
hireng Press, or the fear of offending any man or
set of men, however elevated or powerful. Feel
ing justified in approaching this subject under
present circumstances, now take upoa myself TO
saw the case Of Capt. MACKENZIE is free OF a.!
difficulty or doubt. Let us look the facts as noac
in proof. Spencer had planned and matDre6 a
conspiracy against the lives of the Commander, hi
officers and the crew VINO would not Join him in
pulling down the American ensign and hosting
piratical flag in It's place over the Somers. he
had by the grossest departure from duty and the
sacrifice of hs character an officer, by improper
familiarity and intercourse with the crew, gained
to his purpose sufficient strength 10 have car
ried the Somels under proper direction, aad was
only waiting 10 organize and for favorable oppor-
- luully. ne UQQ ulSCCRtlUueu his JOuJNbt WiilSb
by the rules of the ship he knew he must exhibi,
on the ensuing Sabbath, thus proving that the time
.fTed on 6y him to commence the work of death
was prior to that period.
He was arrested and prooed guilty before his
fellow Officers, and with his dying breath not only
confirmed the testimony by which he had been con-
demned, but proclaimed TO the world that ne hao
committed other crimes for which he deserved to
die. What widowed mother or defenceless orphan
may weep murdered father, or what unhouseied
and unannonted spirit he may have cent to pre-
mature account, or what other felony OF equal
atrocity may have demanded the atonement, re-
Inaias unknown 1t may here be asked what in.
justice has been done and what sympathy should
be extended TO one so stepped in villainy at the
early age OF nineteen years conhne myself IN
this review to Spencer, the chief offender; Tor ii
his death can bo justified, there Is no room tor
an argument about his associates.
/, will not, Iapprahend, be denied, at this time
ef day, that in case of actual mutiny the command.
er y:,ay put the mutineers to instant death H. IN has
judgement, the protection OF the ship demands II;
and it has been held in the British Navy, that the
commander nced not stop to inquire of this neces-
atty, but may take the life Of mu,ineer at once.
wilful disobedience Of orders, NTH mutinoaS iM-
tent, is actual and open mutiny; and when the ia
tent is manifest, as in the case eff the Somers, a
delay to arrest and punish until the commencement
Of biood-shcd would have deprived Capt. Macken-
zie of all defence, much less of Justification.
Let us apply these principles TO the facts in thls
case Spencer and two of his cead.j TUTORS were in
irons full evidence of their guilt having been given
in before Lieut. Gansevoort and his associates; and
the fact that many others were in concert with
then and intending TO take possession of the vcs
sel, was also established Orders were issued for
bidding all intercourse between Spencer and his
sccompces. These orders he violated; and il
was lawful at that Instant TO have pus him to deah
Others of the mulineers, and the same named In
the lis, made OUT by Spencer, not only disobeyed
orders, but attempted TO produce confusion by
carving away the fore-top mast--intending, no
doubt to avail themselves of that occasion saould
circumstances favor) to rescue the prisoners and
take possession of the ship. For each OF these
acts, contend, the commander had right TO put
the prisoners, Us well as every other who was act
ing in concert with them, To instant death; the
act of each mutinear being the act of all who We're
concerned in the plot which produced those acts
of mutiny and INSTRUMENTATION. Under this view
OF the subject, the right to put those 10 death
is no loagcr open to debate; and if so, here the
whole matter might rest; for TO whether the
prisoners could have been brought home with safety
to the lives of the officers and crew or nor, was
question solely for those whose lives were ssaked
upen that Issue, and to them alone belonged the
exercise OF discretion. The quiet landsman snugly
seated in his parior, and specializing gossips, may
excaim, it was cruel and unnecessary TO put those
men to death; but had they been removed to the
wide ocean, and there surrounded by set OF desPe
radoes such History has rarely If ever given any
account Of and without the power of determining
their strength aud, in this instance, when twas
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