The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-12-20

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The California squadron was on the very verge almost
\ within the vortex. Of this excitement Every man
saw before him not only the near, but the immediate
and certain opportunity of wealth Could the country
retain its sailors for It's and scany pay, when
all the gold mines before their eyes and within
reach OF Their hands Was the law then strong enough
10 control all the powerful motives which actuate human
nature And il strong that its supehuous rgors
could be then relaxed and the experiment then made how
far men may be governed by persuasion and without
force and the criminal law stripped OF It's penalties and
powers am sure need offer no argument, and hardly
a suggestion on this head to unreasonable man 10 en-
force the necessity the absolute and overwhelming neces
sity, OF applying promptly and efhcenty every legal
power with which was ntrused 10 check desertions
and suppress munities in The Pacific squadron. The de-
sertion and mutiny OF The Ewi.g's men (aeaded as \
was with murder) not the first which had occurred
TO leave the necessity OF example and OF the government
of law to be question o reason and speculation bu
other instances had occurred to enforce the argument
with all the strength that terrible experience could
| give II.
will relate the circumstances attending the fate OF the
launch oil the Waen which, in the leading facts of the
mutiny the murder, and the deseron closely resembed
the history Of the Ewngs boat only emarking here, IN
regard TO The latter, and BY way OF passing eXpana-
ton, that is the trial and execution OF two OF the mu
lDees Of the Ewings boat which forms the only mate
rial PART OF this specification to the third charge, 10 which
| this exception is directed. (. lT
United States sloopofwar Warren was Tor awhile sta
toned in the bay Of San Francisco. The senior officer
present Commander Montgomery, OF the portsmouth)
despatched the Warren's launch in charge Of his son. The
sailing master Of that ship accompanied by another oil
Captain Mongomerys SONS, clerk TO his father 10 charge
of considerable amount OF specie required by our troops
in the neighbohood OF Suffers For," 1870 miles up the
g Sacramento" From The day the launch left the War
rem at anchor, near the scene where the Ewlngs
boa-crew munied, no tdngs transpired OF her iae or
the fate of her officers and crew, until some time IN the
early part Of 1915, when articles known TO have
been in the possession OF the officers OF the launch were
seen in possession Of woman ,n the newly discovered
gold mines The character OF the articles was such as
to make il impossible that they could have been SUBJ
merged in the water, Or could have d1i,ed shore
Among them box and chronomeer were identified. The
woman said she obtained them from sailor. Upon the
discovery OF this first gmmer OF light as to the fate OF
those unfortunate young officers, for whom the most
anxious interest felt by their brother officers in the
squadron the most judicious means were Immediately
employ and put in force TO trace up The clue which had
been accidentally discovered and to appehend and bring
to punishment the criminals, il the suspicious then enter
taned should be realized, but without any other result
than to satisfy the late COL r. b. Mason, myself, and
believe all in California at the time the circumstances oc
cured that the aunchs crew had muttnisd and murdered
those officers. The sailors OF the Pacific squadron am
sure, were OF that belief, learned iron faithful cock
swain, who had an opportunity to know their opinions
| The mutineers OF the Ewng's boat knew all these
facts relating to the Warren's launch give the nara
tive OF il taken from the recorded evidence OF The trial
They attempted the same crime near the same scene and
with like hope of opportunity OF lmpunty They threw
their officer Passed Midshipman Gbson-he only officer
in the boat with themino the in the night, encum
bered with his heavy watch coat, to buuet against the
strong OF that coast and with apparent prob
ability OF escape but TO make sure OF their viciin he
thrust under wafer by the two men named Black,
whilst others oil tne boat IS crew v0cifeTated, 'hll
killn or .Drown, drown the damn rascal or the like
words and under the impression that the deed was doae
70 wed away with the boat uDfrequented pait Of
the eastern shore OF the bay Of San francisco where
they landed at an early hour next morning, and from
thence by unfrequented routes through the mountains
bent their TO the Upper Sacramento, unt forced
called New York Of the Pacific near one Of the mouths
of the San Joaquin, where Lieutenant Macarthur, com
mander OF the Ewing had preceded hem and succeeded
IN arresfng the whole gang
apds aonfD ihsnn
fortunately heard by some passer-by, who went TO
his relief, but not until lie apparently exuact The
body when recovered was in state OF entire insens-
bly, and the attending physician saw no hope oil ihe
life, which, however his skill under Heaven succeeded
most Unexpectedly IN restoring
Had Mdshipman Gibson been drowned outright, and his
body bee dred away by the strong. and irregular
rents INTO which he thrown BY the mutineers, they
would probably have made good their escape TO the
mines, the discovery would not have been made, nor
would the pursuit have been hot neither would the
officers Of ,he squadron have received thai aid assist
from the citizens IN regard 10 mere dssekrs which
! they gave 10 the apprehension of murderes. t...
Had the commander OF the Pacific sqadron the
martial which he convened shrunk IRON their duty and the
responsibility oil executing the law regard 10 these mutt
neers. how many like cases OF mutiny and murder
those OF the Warsn's launch and the EwBgs boat would
now backen the annals OF the Pacific squadron and the
records OF the Navy Department. Notwithstanding
their crme the highest in the naval cole aud attended
with all the aggrayaons that possible TO IT, these
men were not only allowed but furnished every OF
defence consistent with fair trial The best counsel in
California employed by 10 defend them, who
conducted their defence with all the OF pro-
fessional learning and ability. The question OF the urs-
dction OF that court fully argued he question
which Il is now attempted 10 bring before this court, a-
il court martial had any revising and appellate power
over the decisions OF another court maral) and decided
always had been before, and always ailsrwardr,
by all other courts be fore which the question raised
The sentence OF death certified the record as
asceraned by the majority OF two-hrds. which the law
requires, and was submitted without a recommendation
10 mercy from single member OF the court--thus con-
veying TO me that every member of the court OF
opinion that the sentence should be executed all the
convcts Nor did receive from any source whatever any
recommendation 10 mercy, application for PARDON
cep, from Passed MIdsbpman Gibson against whom the
muny committed, and who requested the pardon Of
the young who pulled the bow and except also,
from The counsel, who thought that some distinction
might be made betw cen the two men who had pitched
their officer overheard and the other three who stood BY
aiding and abetng but found 1t unnecessary 10 adj their
hands 10 the work confess had extreme difficulty in
recognising the least legal moral distinction in the
guilt OF the parties. But hoped that partial execution
OF the might be sufficient for the discipline OF the
i TO the two ringeaders a
feel that should pay but an III compliment TO this
court IL TO offer further explanation 10 satisfy them
OF the necessity and justice Of the execution OF the
tence But may take aston 10 add, and solemny TO
affirm H. that have yet heard and do not believe that
any in California, the Pacific ocean, the navy,
having knowledge OF the facts. has questioned
the execution OF the mulnees necessary, except
the two leuenanis, who seized their opportunity TO add
this grave charge TO their unfounded personal COM
plants against me- .fIs seagP4a
3d. That acted in pprsudnes of The blstrueiions Of
ne government The treaty OF peace found me execu-
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