The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1850-12-20


ope ration sof commerce and free government the
enc rgies of men had been stimulated 10 extraor.
binary force IN tie pursuit OF all those objects
which contribute to The happiness. and G Ss
the pursuits Of wealthin such an age the discovery
off the gold mines of California added so great
and sudden an increase tothese objects-so power
full incentive to these energies-effected vast
a change in the business OF the commercial
world, as must form an important epoch in the
history OF "a nation which is already filled with
wonders. The California squadron was on
the very verge-almost within the yortex--of
this excitement. Every man saw before him
not only the near, but the immediate and GER
tain, opportunity Of wealth. Could the country
retain It's sailors, for its hard earned and scanty
pay, when all the gold mines were before their
| eyes and within reach of their hands Was the
law then strong enough to control all the power.
| full motives which actuate human nature land
was II so strong that It's supertuous rigors 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 its
| penalties and power | am sure need offer no
argument, and hardly a suggestion, on this head,
| to any reasonable man.to enforce the necessity
| the absolute and overw Ginning necessity-of ap-
plying promptly and efficiently, every legal power
| with which | was entrusted to check deserions
| and suppress mutinies in the Pacific squadron.
he desertion and mutiny of the Ewings men
| (attended as il was, with murder) was not the
first which had occurred, 10 leave theanecessty Of
example, and OF the enforcement OF law to be
| question of reason and speculation, but other
| instances had occurred 10 enforce the argument
| with all the strength that terrible experience
could give 1t.
| will relate the circumstances attending the
| fate Of the launch of the Warren, which, in
| the leading facts of the mutiny,ithe murder, and
the desertion-cosely resembled the history OF the
Ewn's boat, only remarking here, inregsrd to the
latter, and by way of passing explanation, that
il is the trial and execution Oft of the mutneets
| of the EwiOg's boat which forms the only
terial part Of this specific alton to the third charge,
| 10 which The exception is directed
| During The operations of the war with Mexico,
| the United States soop of war Warren was
| for a while stationed in the Bay of San Fran
cisco The senior officer present, Commander
| Montgomery, of the Portsmouth, despatched the
Wanen's launch, ia charge of his son, the sailing
| master Of that ship, accompanied by another of
| Capt. Montgomeg's sons, clerk TO his father, IN
charge of considerable amount OF specie required
by troops in the neighborhoOd OF Suffers Fort,
| $50 miles up the Sacramento nver From the day
the launch left the Warren at anchor, near the
| scene where the Ewing's boats crew mntinied no
udings transpired of her fate, or the fate of her
officers and crew, until some time In the early part
of 1913, when some articles, known 10 have been
| in possession of the officers of the launch, were
| seen in the possession of woman, then in the
newly discovered mines. The character of the
articles such to make il impossible that they
| could have been submerged In the water, or could
have drifted on shore. Among them box chro-
| nometer was identified. The woman said she
| obtained them from sailor. Upon the discovery
of this first glimmer OF light TO the fate of those
| unfortunate young officers, for whom the most
anxious interest was felt by their brother officers
OF the squadron-bcih for their own worth and
| promise, and sympathy with their bereaved father
a captain in the squadron, the most Judicous means
were immediately employed and put in force TO
trace up the clue which had been accidentally dis
covered, and 10 apprehend and bring TO punishment
the criminals, if the suspicious then entertained
should be realized; but without any other result
than TO satisfy the late Col. II. b. Mason, myself,
and believe all in California at the time the cir
hat he hfC had
mutnied and murdered those officers. The sailors
OF the Pacific squadron, am sure were OF that be-
lief, os learned from faithful coxswain who had
opportunity TO know their opinions.
The mutineers of the Ewing's boat knew all
these facts relating TO the Warren's launch.
give the narrative OF il as taken from the recorded
evidence of the trial-they attempted the like
crime near the SEINE scene, and with like hope
and opportunity OF impunity. They threw their
officer, Passed Midshipman Gibson, the only Off
Ger in the boat with them, into the sea. IN the
night, encountered with his heavy watch coat, to
buffet against the strong currents OF that coast and
with no apparent probability Of escape; but to
make sure Of their victim, he was thrust under
water BY the two men named Black, whilst others
drown, drown the damn rascal" or the like
words; and, under the impression that the deed
was done, rowed away with the boat to an unfre-
quented part 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 course
for the Upper Sacramento, until, forced by hunger
10 seek food, they went into the embryo town
called New York Of the Pacific near one of
the mouths Of the San Joaquin, where Lieut.. Nc
Arthur, commander OF the Ewing, had preceded
them, and succeeded in arresring the whole gang.
The cries and struggles of Passed Midshipman
Gibson were fortunately heard by some passer by,
who went TO his relief; but not until life was appa-
rently extinct. The body, when recovered, was in
state OF entire msensibll,ty, and the attending
physician saw no hope Of the life which, however,
his skill, under Heaven, succeeded most unexpect.
edly IN restoring.
Had Midshipmsn Gibson been drowned outright.
and his body been dried away by the strong aud
irregular currents into which he was thrown by the
mutineerr, they would probably have made good
their escape TO the mines, as the discovery would
not have been made, nor would the pursuit have
been hot neither would the officers of the squad
ron have received that aid assistance from the
citizens, in regard TO mere desertions, which they
gave To the apprehension OF murderers.
Had the commander Of the Pacific squadron,
or the couri. martial which he convened, shrunk
from their duty, and the responsibility OF exc
cutting the law in regard to these muiineers, how
many like cases OF mutiny and murder, as those
of the Warrens launch and the Ewines boat
would now backen the annals Of the Pa
chic squadron, and the records OF the Navy
Department. Notwithstanding their crime, the
highest in The naval code, and attended with
all the eggravations that are possible to it, these
men were not only allowed, but furnished, every
means ofdefence consistent with fair trial. The
best counsel in California was employed by me to
defend them, who conducted their defence with all
The resources Of professional learning and ability.
The question of the jurisdiction Of that court was
fully argued, (the exact que ston which il is now
attempted TO bring before this court as il one court
martial had any revising and appellate power over
the decisions OF another court martaD and decided
as II always had been before, and always was
afterwards, by all other courts before which the
question was raised. The sentence of death was
certified on the record as sustained by the majority
OF two thirds, which the law requires, and was sub
mittcd without recomme ndation to mercy from
single member of the court, thus conveying to me
that every member of the court was Of opinion that
the sentence should be executed on ali the con.
vicis; nor did receive from any source whatever
any recomme ndahon to mercy, or application for
pardon, except from passed midshipman Gibson,
against whom the mutiny was committed, and who
requested the pardon Of the young man who pulled
the bow oar, and except, also, from the counsel,
who thought that some distinction might be made
between the two men who ha1 pitched their officer
overheard, and the other three who stood by aid