The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1843-01-17
YORK HERALD
new York. Tuesday, january IL, Is4s.
The Somers Case.

ne courier ana Enquirer Tc-opeheu iee i"e yee-
terday upon the Somers case, with more modera-
ton and greater show of argument than 1t began
its campaign when the first news of the mutny and
execution reached the public ear.
The position of the Courier is now somewhat
open and frank-not by any means so vulgar, perso-
nal.and abusive formerly This is great I'M
provement, and may be attributed to our teachings.
This Journal sets itself up, alone, the deen-
der OF Commander Mckenzie, for the manner in
which he treated the mutiny and hung up the per-
sons implicated-but he seems to think that no
other person should have different opinion, and
that the government is bound TO honor and advance
the captain and his associates for their boldness and
rigor in executing those persons illegally, as they
admit.
As the views and reasonings' of the Courier
probably the best defence that be made by Cap
tain Mckenzie we.shall give the material points, as
folows:-
The execution OF Xcting Mdshpmsn Spencer and his
associates; Cromwell and small is avowedy without the
sanction color Law; first because not the
necessary number of Commission officers board
stute Court Martial and secondly even if there had
BEEN the necessary material for such Court the Com
mander not vested with leg al authority it.
It follows therefore, that his conduct to be ushed,f at
ALL ny the necessity OF the and Of this necessity
he was the sole judge II he clearly demonstrates to the
satisfaction OF the Government that in his opinion such
necessity did exist there ends his official responsibility
The next question which arises is whether he salts
iy the public at large that he judged wisely nationally
and with all the delberaon OF cool and dispassonate
Commander, ofthat necessity This question however,
IN affects his individual responsibility for the
cuon OF the muneers. but OF vital importance TO his
reputation as an officer and upon the decision of it,
pesas the equally important whether his conduct has
been such to ente him to the confidence of his fellow
citizens and further advance in his profession.
But to return to the first great question Did Com
ander really and conscientiously believe that
the execution of the mutineers absolutely necessary
to enable him to bring his vessel into port ' -
The next and only remaining question to be considered
by the Government and the public sDid he arrive ct
this conclusion from sound deliberate and correct
Judgment of the facts Appearances and circumstances
at the time they presented themselves, uninhuenced by
passion panic
The only possible mode in which this question can be
answered to take the judgment and opinions of those
on board All the Government the people can know
of this matter the dimnutive character of the brig
Somers crowded from stem to stern with twice
large should have been without any ofthe usual pre-
cautions against mutny facilities Tor the safe Keep
ing ofprisoners They know that of necessity. officers
and crew-henest men and mutineers-were all hudded
together IS II In small room with nothing but the Hea
above and the wide around them and that their
only safety was in the decision and energy of the
manding ofhcer and his truehearted associates They
know that thus situated the safety of the vessel in
imminent danger and that of the arrested ring
leaders was not only possible and probable but we may
almost absolutely certain and hazard nothing in
adding, that even if Commander Mackenzie had succeed
ed In bringing home the Somers without executing the
rngeaders and the facts before the public had been
developed-thdt the public ourselves among the number
would have united in censurng him for having made the
attempt, and condemned him as a unwilling to
sumo necessary responsibility in extreme casethus
nszarding the safety of national vessel and eoparding
the commerce of the world
But what is the testimony of those board the Somers
with regard to the possibility of bringing herihome, if
Spencer and his associates had not been executed must
be.borne in mind that the Judge Advocate of the sitting
Court OF Inquiry representing the Government, has in
each required the witnesses state only what
they thought at the tme but what they think in
lation to this matter.
Lieutenant Gansevoort, the second in command Of the
Somers, follows
From what observed of the feeling and state Of the
crew. and the OF the mutiny the time Of the
execution ofthe r;ngeader then believed, and do
oeeve that the somcrs could not have been brought in
safety to this port the execution Of the rngleaders had
not taken place do not now believe if had not taken
officers
Acting Master NJ C. Perry Assistant Surgeon Liececk
Midshipman Rogers, Mid Thompson, Mid Hays, Mid
D. Londe, Mid Totson, Comd. Clerk o. Fl. Perry, Pur
sers Steward, Jw. Wales, Quarter Master C. Rogers
Captain of the Forecaste Charles Stewart Sergeant Gar
try and William Collins, Gunners Mate, each and ALL
swear to the fact both to their convictions at the
time of the executions and their belief now when
there has been abundant time for reflection all the
events and incidents OF the cruze.
This testimony at least should be conclusive with
all disinerested persons, that Commander Mckenzie is
only justabe for the execution of Spencer and his
associate mutneers but that he merits the thanks Of the
people the United States for the cooness deliberaon
Judgment and decision evinoed throughout the whole Of
We might add that all the thus far examined with
the exception Of two who upon spencer's list Of
doubtful and arrested their arrival in port parties
to the attempted mutny, unite in opinion with the Off
GERS and petty officers to the absolute necessity Of the
executions for the safety OF the somers
II will be observed from this view of the case,
that after assuming and abandoning several prell-
all, on the opinions of the witnesses, to the i'm
possibility Of taking the brig to New York without
the executions. Ii is not pretended that there
mutiny-it is not pretended that even Spencer or
Small perpetrated any overt act. The only particle
OF evidence indicating plan is that given by Wales
and that simply duplicates Spencer, but hangs very
loosely even on Small. But to Cromwell, not
word is given duplicating him in any degree. Yet
when this plot first told by Lieutenant Ganse-
WORT 10 Captain Mckenzie the latter treated it with
perfec. indifference, alleging that the brig was in
good state of discipline.
The plot is thus thrown back upon the simple pro-
position made by Spencer who in being questioned
about II, by the commander at once acknowledged
the iact-but declared it "was Joke" Now,
although this was a species of joking on improper
Subjects and deserved punishment yet there is no
evidence whatever showing that any general agree
ment or understanding entertained by the crew.
The frightfuness of the plot seems to have grown
up afterwards. All the evidence given tending
10 show the invincible necessity Of the execu-
ton, for fear OF rescue, seems to be a
mere matter of opinion, without being found
ed on a single fact. The looks of the
men-their grouping together-their enquiries Of
each other as TO what the matter, all ma
tural events in such contingency the arrest of
an officer, who made music to them with his jaw.
To commander of firm nerves, cool resolution,
high moral and physical courage, those very ma
tural events would never have been invested with
the character of an intended rescue.
But this is not al--if we look at the log book,
we find also, that, by that inalllble guide, the
discipline of the ship was in a somewhat similar
state from the beginning to the end of the cruise
before and after the execution. This log-book
tains facts-not opinions, and hence reliance can be
FULLY placed on its records
The conclusion OF the Courier that the evidence
tabhshes the opinion that the Somers could not have