Herald of the times. [volume] (Newport, R.I.) 1830-1846, 1843-02-23
Commodore CHARLLs STEWART,
JACOR JoNEs,
ALEXANDER J. DALLAS,
OGDEN lIaFFM,N, Judgo Advocate,

II The Curt, after mature drlberation, re-
solve to rcpor, the facts and crcuinstulc,
! of the Case submitted Ia them, and to Jeiiyc
their opinion upon The facts as follows:
Il ln execution Of The order OF The Hon. Sec
| retary Of the Navy, the Court, with the cy
81 tlon at ten Of the crew who urc ~ cunfnr
mcnt, examined every 9th or, seaman, an,
| apprentice belonging to the u. >. Brig Som
crs ~ hrI late cruise, and unanimously n,
port the following facts as proved TO the salts
| faction Of the Court by the testimony, the
record of which they have The honor here.
with 10 submit:
Il Tina, on the 9Th ui November, 1912, in lat
1924 III, aud Ion. II "a 25, Commander Nc
KenZie discovered that n inuiIny had been
organized on board the brig Somers.
| The Court further find that such muiny
did exist aud Ihal Mldshpman PhIlIp Spcn-
Ger, Boaiswaln's Mate Samu, Cromwell, and
Seaman Elisha Small were riDgleaders IN 1t,
and that others oi the crew h ,d knowledge oi
rs existence, aud participated m It's guilt.
| That on the 27ta Of November, MidsIl-
man Spencer was arrested and confined IN
irons, HAT on the subsequent day IioalswnlH's
Mate Cromwell aud Sra,nan S nall were also
confined IN irons, and AT The tine they were
so confined, It was the intention of Cominan.
der Mckenzie 10 bring them To the United
States 10 be ,rrd by The laws oi their coun.
try, and that 10 ,iE Ct this desired object.
Commander Mckeuzlc adopted every ,nras-
urc that II brave, prudent, aud skiliu officer
Could adop'. That during the confinement of
the prisoners. snllcnness. discontent, iuattcn-
tlon to duty, dlsobcdirncc Ia orders, often, as
-camcn know, and navy records prove, The
sole precursors Ia open acts Of violence and /
blood, were manifested by the crew, and Just |
~ excited The belief ~ the Commander and /
The officers, that an attempt would be made
10 rescue the prisoners and take the bng h
from those 10 whom she had been entrusted /
by the Cover nmcni. Il
The Cont further find, that there was no Il
p'acc on board The brig, winch would have
gwen greater ASSURANCE at protecting the Il
PRISONERS from rescue, than the quarter
leck, on which they were confined. II
That Commander Mckenzie IN the respon-
'IO'e situation IN which he was placed, sought II
IS 1t was his duty 10 do, the advice and coun-
'C. OF his officers, and that tn" UNANIMOUS ad-
nee gDd opinion oi those officers, after au
examination of some OF the crews and care
al deIiberatIon, was that The safety OF the
'rlg Sincrs depended upon the immediate u
HccatlOn of Mid,hIpnnn Spencer, Boal-
Waln'S Mate Cromwell and Seaman Small. Il
That Commaudcr Mckenzie, ~ pursuance
/ he advlcc oi hts officers. aud jn obcdlcuce II
The Dictates %! his own Judgment, die exc. \
ute by hanging. Mldshlpuan Spencer, Boat
wah's Mate Cromwell, aud Seaman Snall.
Ilai snch execution took place on the lst II
)"crmber, lel2, IN latitude IL dc: BIN 2SS
nd longitude i deg. 2Im 45.. and that The
rly at the time Of III" execution. wa, bvIi
ne Iog, distant from ST. Thomas :j2JI miles.
which place she arrived on The ) II Drccm =
er, 1919 q
The Court further find that the conduct OF ,
Mckenzie had been kind to his i "
cw, attentive 10 th"r wants. and their CON.
rtS, that he was sludlons to promotc their y
i"w'"dge "f their profession, aud that no
lnishmrnlS were inflicted greater than were -
hdcrrd necessary by the d,scor'ldrt nalnrc
The crew. and the proper discipline of .'
an of war. u
The Court further find that The conduct OF q
Mckenzie, L"u;rnaut Ganse-
ort and the officers of the brig, was, during "
e trying scenes through which They l-seJ. L r
llecled. calm, and brave, aud justified The
nilacncc roposcd III ihcm by l!,ir country. u