CASE OF THE SOMERS' MUTINY
DEFENCE OF ALEXANDER SLIDELL MACKENZIE
COMMANDER OF THE U.S. BRIG SOMERS,
BEFORE THE COURT MARTIAL HELD AT THE NAVY YARD, BROOKLYN
NEW YORK:
TRlBUNE OFFICE, 160 NASSAU STREET,
1843
CASE OF THE SOMERS' MUTINY
DEFENCE OF ALEXANDER SLIDELL MACKENZIE
COMMANDER OF THE U.S. BRIG SOMERS,
BEFORE THE COURT MARTIAL HELD AT THE NAVY YARD, BROOKLYN
NEW YORK:
TRlBUNE OFFICE, 160 NASSAU STREET,
DEFENCE.
MAY IT PLEASE THE COURT:
The first three charges under trial and on which you are to pass
judgment have for their common subject the execution of Midshipman
PHILIP SPENCER, boatswain's mate SAMUEL CROMWELL, and seaman ELlSHA
SMALL, on board the United States brig SOMERS, on the lst day of
December, 1842. It will be found that these three charges are but
variations of one and the same identical charge ; which is, that such
execution was directed and carried into effect without justifiable cause.
To the fourth charge, alleging that taunting and unofficer-like language
was used to Mr. Spencer by the accused at the time of the execution;
and to the fifth charge, alleging that the conduct of the accused towards
his crew was cruel and oppresive, nothing is required to be said. The
defence to those charges is respectfully, yet confidently, submitted on
the plain, full, and conclusive evidence before the Court, without a
word of comment.
In judging of the necessity of the execution, it is of vital importance
to ascertain preliminarily, whether a mutinous conspiracy in fact existed
on board the Somers, and whether the persons executed were parties
to that conspiracy.
That such conspiracy existed; that it had for its object the conversion
of the brig into a piratical cruiser; that such object was to be
effected by the murder of the officers and faithful of the crew; and
that Mr. Spencer and Small were not only parties but ringleaders, in
the conspiracy- appears from their own repeated and solemn decl-
ations, and from unequivocal documentary evidence. Mr. Wales
testifies that on the 25th of November, Mr. Spencer took him aside to
a place of secrecy, and communicated to him the whole mutinous
scheme. He told him that he was leagued with about twenty of the
crew to get possession of the brig, murder the commander and officers,
- and commence piracy. Mr. Spencer detailed to Mr. Wales the plan
of the operations, which was systematic, and evinced much deliberation.
That this communication was a frolic of boyish fancy, as has
been sometimes suggested, is clearly disproved by Mr. Wales, and by
the intrinsic circumstances of the case. The appearance and manner
of Mr. Spencer were earnest and grave; before he would make his
communication, he bound Mr. Wales by an oath of secrecy; and pre-
vious to parting;, told him that if be betrayed the secret, he should be
murdered. Small was present at a part of this interview, understood
the nature of the communication, and expressed his gratification that
Mr. Wales had consented to be one of them. Mr. Spencer told Mr.
Wales tbat the plot was detailed in a secret paper in his llosscssion.
This paper was found nex. tday in Mr. Spencer's razor- case and isin hi.
hand- writing, in Greek characters,- It is in two pieces, forming, however,
parts of one whole; and hilS been, thel'cforc, generally aml correctly
called the Greek paper, in the flingular number, f11ld is so .(~ allcd
in this defence. One of its pieces oontllins the names of the conspirators
and of others expect~ d to join them, llull'ldng them liS certain,
< 1oubtful, or to be retained on board, willing or unwilling, together
with a few explanatory relUarks; the oliler piece, torn from a book
( lD geometry, and bavillg its back co\' ered with geolllC'trical figures,
assigns to some of the chief conspirators their statiolls when the outbreak
should occur. This Greek document is the oOlcial record of
the mutinous conspiracy prepared by the chief conspirator j ami, lik('
other records, contllins on its { ace, as against tlle parties 2nd privies to
it, tbe stamp of incontestable ,' erily.
No valid objection results from the circumstance that the Greek
paper contains only three conspirators marked eertoin, cxclusi\' c of Mr.
\ Vales, the otber names on the paller being entered either ill the
doubtful list, or in the l~~ t of persons to bl' rletained on board at nll
• See Appendh..
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~ vents. This paper had doubtless been prepared at tbe inception of
the conspiracy, wben in truth there were only three confinned asgo..
dates. It appears that some time before the disclosure to Mr. Wales,
Mr. Spencer had, on several occasions. e.' I( hibited the Greek paper to
one of his associates in guilt; and tbat it was even then a paper
soiled with use. The paper having been thus prepared when the
nllmber of confirmed conspirators was in fact only three, it wns not
afterward!! deemed necessary. as proselytes were daily multiplied, to
transpose their names from either of the other lists to that marked
certain, or even to add their names to the paper at all. The lisJ
marked certain, for instance, does not contain the name of Small, nor
is his name to be found in any part of the paper. except where a
prominent post at the meditated ~ assacre is assigned him. So, there
was a like omission to add to the list, the names of the other new aecessaries,
though tbe band of( Jetenniaed COllSpirators had already io- creased
from tbe original number of three to tbe formidable number
of twenty. It is possible that the name of Mr. Wales might llave
been inserted in tile paper after Mr. Spencer'sconversation wilh him f
as, from his being nn officer, his accession woulll be thought of pecu-dinr
importance j but more probably his name was placed tbere when /'
the paper was first written. The existence of a misunderstanding of V
some duration between the commander and Mr~ " Vales was noto--
riow; and it is not strange that the conspirators, judging of his feel~
~ Dgs and principles b)' their own, sbClnld have placed his. name, eVer!
witbout consulting him, in the front rank of the conspiracy.
J pass over, at least for tbe present, many other parts of the evidence,
tending to show the existence of the conspiracy, and the guilt
of Mr. Spencer and Small, and proceed at once to the final scene just
befoTl'l the exC'Cution. There Mr. Spencer and Small, wilh their
. dying ~ ips, voluntarily confused their guilt in the presence of the offi.~
cers and crew, anI'! acknowlellged t11at their punishment W\ lS just j Mr:.
Spencer adding that he hod attempted a mutiny on board tbetwo nation~
a1 vessels in whicb be. had last sailed, anel that his pirati(' al propensity
was a sort of mania. Surely no innocent man ever confessed himself
guilty of a felony or other heinous crime, unless the confession was
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extorted from l1im bJ the rack or fOffir other inslrumfnt of tortUJ'f'.
To condemn a mall out of his own mout) l, is Brule of evidence which
the Judge of 1I11 the ealth has condescentlcd to 11.' 11 us be will bimsrlf
adopt in tbat great rilly when judgmfl1l will not be based on any
fallible proof.
The guilt of Cromwell is not Jess manifett. The badn(' S$ of his
general character ami conduct j the 5\ lddcll change of his demeanor
towards the Ilpprenlicrs, ceAsing to treat Ihno witll llardw('/; s as lie bad
been wont, and alfeding towards tbem popular ffianneNl, as he found
their adhesion to tbe conspiracy needed j his repealed am) profane
declarations of deep and desperate hostility against the commilDdH'
and officel' 8; his tbrellt to the carpenter's mate a little befafl' tbe di..
covery of Ill(: plot, wben thrown off his guon} by S\ l< lden passion, that
hu time teas Sh07t; his intironcy witl} h1' r. Spencer, receiving gifta
from him in money and other articles, and speJlIling with bim bour
lifter bour almost daily in deep and secret consultation, an intimacy
made more suspicious by the diJJ'erellce in tbe r8llk of tbe parties; biI
being asked by Mr. Spencer in privoteconversation, whether be could
disguise the brig so tbat she would nol be Known, ond his sD)' inp; that
he could easily do it j his advising Mr. Spl'. ncer, in Dnolher private
con. ersation, to hnethe booms ofthe Somers cut awny and lU'r launch
thrown o\' erboard, with a riew to render ber more fit for piratical
sen'ice, in singular coiJ: cidelitc with the subsequent declaration of Mr.
Spencer to Air. Walts, IlIDt lIe Ol( llnl to have Iho. o;;(' things dOlle; his
being o'\" erhcnrd to suy to Smnlllhnt tht,), would SOOn lJC uble to fee
the blc of Pines ( 0 noted rcndt'z\' o\ Js for pirntrl'l), also ill l> 1range
coincidence with another stntcmcnt by Mr. Spcnc(' r to Mr. " Wales, that
be intended to C8rry the brig thitller; his withdrawing his monty,
just before the disclosure of the cOllspiracy, from t! l(' pett)' officer in
whose hunds be hml placed it for safe custor!), with no pamble
motive but his wish to keep it Ollt of ! larm's way when the work
of destructior. should ensue; his absence of mind for clap; before
the arrest of Mr, Spencer, seeming to be broccling onr lltilj'Jrrate
thoughts j his secret and repeated conveNiations \ lith Small jus!
after Mr, SpenCf'r's arreslan( 1 hefor" his own, b.. tnIJinJ! b~' lli! ill( Klkt
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Md manner · deep emotion and revengeful feeling i bis wilful disobe.
dience of a standing order of the ship on tbe morning preceding bis
own arrest, and Ivbich order bavin~ been repeated to him by tbe
first lieutenant on discovering the default, be a~ in stubbornly
omitted to obey; SmaWs declaration the day before his execution,
that if anyone was leagued wilh Mr. Spencer, iL was Cromwell j
the cotemporalloous, united and ~ Iemn opinion of all the officers that
he was guilty, founded, at least in part, on their ocular view of many
little incid~ nt3 and appearances which, though collectively carrying
home to their own minds a just and sure conviction, cannot be adequately
COffilnunicated to others in all their nice, and sometimes faint,
though forceful import; arc all circumstances in e\ · jdence before the
Court, and which leave no reasonflble doubt of Cromwell's guilt,
Dut if further proof is needed, it is found in the controlling fact
that Cromwell WllS the very person to whom Mr. Spencer had been
. seen privately exhibiting and explnining the Greek papt'r, some days
before the revelation of the plot to l\ t.-. Wales. From the close intimRC)'
thai subsisted between Mr. Spencer and Cromwell, it might
indeed be inferred, even without external proof, that the latter could
not have been a stranger to that paper. its secret was designed to
be divulged within certain limits; for a single arm could not ba\' e
achieved the conquest of a national ship. A confederacy was neces.
sary; and a band of conspirators could not have been formed without
disclosing to Ihem the object of the conspiracy. Hto Mr. Wales,
~ with whom he WQS nol on terms of special intimacy, Mr. Spencer
divulged the pxistence and contents of the Greek paper, it would
ha\' e been strange had he withheld it from Crom\ vell, the companion
of his secret hours, the sharer of his bosom thoughts. But therc is
no nct'cl to resort to inference. Three witnesses have SWOrn before
this Court to the exhibition of the paper by Mr. Spencer to Cromwell,
Oil three different occasions i and tllal Cromwell, on having the
paper explained to him, expressed his concurrence nnd satisfaction.
These three witnesses could not have been mista1Leu as to the identity
of the paper, marked as it was by the peculiar form of the Greek
charactt'rs. They say that the letters were not common English let-
,
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ters', aad one of th£ rn stat that they looked Itlre crollK1l, aDd" thai
the papel' had on its back geometrical ( lgurtll. The testimony of
these three wito amounts to dmonstration tbat Cromw(' 11 was
not Dilly a conspirator, but a ring) luter in th collspiracy. n.
knowledge and Approval of the Or ere paptr uUerly Iltl'Clude the
pO$ llibility of his jnnocencc. Oy knowing llmlllpj> ro\' ing the papN,
be in cacCI 8ubsoribeV his ! lame ther ' 10 j he virtually oftixcd his own
proper signature to the treasonable and murderous longue. We net<!
Dot pause to inquire \ Hletbcr h SllW or had read to him both picees of
the paper j for ellch part, and every lent nee of each part, betrayed
the existence of a conspiracy, having for ill object murder and pitacy.
That the name of Oromwell tloes not 8ppenr on' the Greek paper,
ubtracts notbiog fr<! m tbe proof of his guilt.. lie - was 100 adroit and
wary to ha\' e his own name ~ istered without di gui8e On tbe guilty
record. He wantf< 1 the benefit of th ornissiOtfOf the nalll~ of Cromwell,
in case the paller should be diaconred. Doubtless tbe name of
Andre,~ s, nowhere to be found in tbo libip'. paperili. but starnling UI
the Greek document next to that of Mr. Spcncer 11illwelf, \\' 08 inteoded
10 designatc. not I) fictitious pCl1lOn, but hilJ own real Rud effi.
cienl lieutennnt in guilt. rr Cromwell had been by turn; a
pirate and n slaver, it was prObRbly not tho fll'lt time that he had
found it convenient to have two nomes in use. Tbe' nvcrment of Mr.
Spencer that the name of Andrews on the Ore<' k paper was inteoded
( or Small, \\" a8 manifestly a mere pretence. If it hael hern dtsigned
Jor Small, the insertion of ma11' s own I" nper name nncrwards OrA
the paper would have been a needlCll$ dropping the disguiso 1IO warily
sought j and the suggestion tbat AndrewlJ might have been his true
name, and Small only an assumed one. is repcllc( by the unimpeached
witness. who has sworn thal be knew him from 11m infllllcy.
and his father and grandfather ' before him, nnd that he never wcot by
the nnme of Andrews, but nlwllys by tlmt of Smnll. That 110 par ·
ticular post in the meditated massacre WIIS assigned in the Greek
paper to Ihe person designated ns Andrcws. wbile Mr. Spencer,
Small, McKee, ' McKinley and Wilson, bad special statiolls assigned
them by name. strengthens the conviction that Cromwell, nnd no 1_
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8 character, was the real person thus designated.. Cromwell was the
eldest 1 the strongest, a'od the most cunning of the conspirators; . and
their policy required that be should not he circumscribed, when the
outbreak should occur, by any particular limits of place or of service
He was to he not only officer of the deck, where the main strwggle
was expected j but was to act tbrouA'hou~ as the master- spirit ' of
tumult and of death, and, clothed with a sort of evil ubiquity, was to
interpose his malign counsel, and giant strength, wherever they shou, ld
most be needed. His persisting in the declaration · of his innocence
at the time of the ex€ cution, only proves that he was a more hardened
offender than either Mr. Spencer or Small. Much Ipeir sbior in ·
years, he had becn longer cllucating in the various schools of vice. Besides,
his own name not being on the Greek paper, there was, he knew,
no record eviul':: llce of his guilt. It is a well known fact in the history of
crime, proved by all the books on criminal law, that veterans ill i. niquity
hav~ seldom or never those If compunctious visitings of nature"
which bften cxtort confessi9ns of their guilt from youpger and less
disciplined offenders. The declara, tion by Mr. Spencer that Crtlmwpll.
was innocent might . have bien owing to some deep pledge, like
the oath of. a bandit on his d~~ wn dirk, whi~ h Croinwell- b:, d adroitly
exacted, that; in. ~~ se of disCovery, his adhesio~ fo th. e mlltiny ' Should,
' under all circulJ) stanccs, be kept secret j or i1 might have been O\ ving'
Jo a liope grasped at by Mr. Spencer that Cromwl: lI, · jf set at ~ ibe~ ty
by his means, would rouse his assoiliatC9-, and r~ cu. e hil1: l even' at ~ e.
last moment. What makes it most prpbable t~ lat oJt. his . declaration
was caused by the motive last sugg~ ted, is" thQ rematkable fact tliat,
during the half ~ ollr pr. pding his death, wheni. a) l hope of ~ ape
had vanished, r\ b:,. SpClicer ceased to say anything of Cromwell's innocence.
He was collected and tranquil, seemingly earnest to make
his . peace with Gnd, amI with such of his shipmates as he had chiefly
. wronged. Of Small, whom he had seduced from duty, he pathetically
implor~( l pardon, saying that he could not die composed without it j
for Mr. Wales he anxiously inquired, and, when. he came, begged to
be forgiven by him for tamperil1gwith his fidelity. But to Cromwell,
his bosom associate, who, upon the supposition ' of his innocence, was
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th~ individual of all others most injured- who had been involvrd by
his treacherous friend in unfounded suspicions and fallacious proofs,
just about to consign him to the gallows-- w)\ OSC blood at the dread
tribunal above would call loudest for vengeance agninst Ilis destroyer
_ whose forgivcnc~ was to btl instantly Ill'ld cngerly lJO\ lgllt by tears
and IJraycrs as the only c'Xpiatioll tllll! cOIlld be mnde-- to him Mr.
Spencer opened not his lips. He asked 1101 forgiveness from CrolD~
well, though tlley calmly mct fnce to fncc, and pnused lIS tlwy met,
almost louching each other in dlcir way \ 0 the execution, because he
well knew that Cromwell, instend of being his victim, hod heell his
prompter iJl guilt. To his willing associate ill crime he had 110 apology
to make; from him, 1JO IJartlon to auppJicntc.
It is Hlen fully IJrovl'il not only tbat a mutinous COllspirnoy existed,
but also that Mr. Spencer1 Cromwclll1nd Sml1ll were tho primo COII~
spirators. It follows that they had forfeited Uleir lives to the laws of
their injured country. F'or it is cllllcted by the thirteenth nrticlc of
/ the first section of the Act of Congress of 1800 1 that, lC lf UIlY llorson
. in the navy sball make or attemp~ to muke any mutinous assembly, hc
shall on co, nviction thereof by a Court MartiQI 1 suffer denth, ll nut by
the Act of 1806 1 the statutory punisbment of a mutiJ1Y on Jaml is to be
measured out by, the discretion of a Court Martial. The Court may
exact life, or it may imposc l1 lesser 1 or even a slight punishment.
The wisdom of the national legislature has thus strikingly discrimi~
natid between the guilt oCthe same Rot done on land or at sea. The
discrimination i~ just j a mutiny on the ocean is a more dangerous
offence than one on land 1 and needs the check of a severer penalty.
The commander of II ship at sea cannot, like n cOIUJunnuer 011 tihorc,
invoke the aid or'some neighboring trool> S, or oppcfli to the potriotism
of the sturdy militia. Iirom nn overpowering JlIlld mutiny, the filith~
ful may retreat as from a burning e< lificc; but from n mutiny at tie8,
there is po retreat bcyond the norrow liluilll of the ship. A mutiny
on land does not always vitnlly cndanger the interests or Ihe famc of
the country. But the very object of a mUliny at seil, ill the nOI'al
service, is the cOllversion of n national 1l11ip 10 : lOrne evil usc, lind tile
consequent wounding of the Ilotionnl honor Hence tIle law, with an
11
unwanring band. bas engraved on the list of capital offences, all naval
mutinies, whether great or small, whether matured or yet in their early
developemenl Nor need tbe evil intent be bodied forth in action, to
complete the legal crime. The mutinous imagining of a single heart,
if revealed to a single ear, with a corrupting purpose, l: irings dowu
on the offender, the death- bearing sentence of the law. Not only a
mudny, but the" attempt" to create one in the naval service, is, by
the words of the statute, punishable with loss of life.
But it does not follow, nor is it pretended, tbat because Mr. Spencer,
Cromwell and Small had forfeited their livcs. the commander of the
Somers might therefore direct them to be executed. It is admitted that, ~
under ordinary circUlnstances, it would ba\" c been his duty to de--
tain them in safe custody, and bring them home to be tried. But the
mutiny was of an unusual and unprecedented character. It created a
case which the statute IRw did not contemplate. and could not reach.
Jt was believed. and for reasons of overwhelming force, that neitllcr
Mr. Spencer, nor Cromwell, nor Small, could haye been brought into
port, without the most imminent jeopardy to the brig and the lives of
the faithful officers and crew. It was on this ground- the unyielding
ground of imperative necessity- that the commander of tbe Somers
found himself placed, when be reluctantly rlirected the execution of
Mr. Spencer, Cromwell, and Small. And it is on this ground that he
now appeals for his justi6cation. to this court, to his country. to the
civilized world. and humbly and re\' erentiaUy to bis God.
The size. and construction. and equipment of the Somers must be
taken into consideration. in judging of the necessity of the execution.
She had no marines, a body of men distinct from the crew in organisation
and feeling, on whom in ordinary ships of war the police and
discipline greatly depend, and who form a counterpoise anti check to
the turbulent spirits of common seamen. She i! l of the smallest class of
vessels of war. She hnd no place where prisoners could be safely ................
secured or even separated from intercoul'SC with the crew. Her hold
was filled to its utmost capacity by ballast, woter tanks, ammunition.
stores, and other necessaries of a vessel of war in actual service.
J
eO ·
12
There was nol I foot of room for coofininp; pNon in the bold j ...
had there been room there, DO melDS tDlled for effectuaUy separating
it from the berth deck. wbere all lh crew . lttl1 and ale, the
berth- deck being di,. ided from the hold only by lOOle moveable
batcbe:;, which could ha" e ~ en either 1i1\ et! up from above, or
knocked up { r( lln below by the lInallelll boy on bonrd. The berthdeck,
the slcerogc, the ward- room, nnd Ole <! llbin, formed the four
npartmcntll below deck. The tllrce 10m WCfC very tUllnll rooms j
and ull the apnrtmenls below were ICplnted from each other by only
thin and frail purtitioll~ through wbich a Itrong mall wd foroohis
way froa: n the brig's stem to ber , tern, by the shove of the Ihouldcr, Of
the pusb of tbe foot. Nor was there auffici nlaubltallce in the thin and
frail partitions helow deck to prevent communication in th onlinary
tone of voice, or even by R whi5ptr. The aafett ploce of confinemmt
on board tbe Somers WBS, therefore, the open deck j in the after part. of
wbich the mutineers were in fllct confined. But the J k i5 flush fore
and aft j and there the prisoner! nccC81arLly fCJill\ inoo within l\ few
feet of each other Qnd in full sight of I. he orew. To preyent the prisoners
communicating with each other, and with t11e rcst oftbe crew
by words, was difficult j to prevr. nlauch communication by signs Willi
impo6Sihle. The officers perceived that the Itt of ee<:. rct Dnt! silent
communication WBS not only understood, but practised on board tbe
Somers j and they were not surprised 10 Jearn, on r aching home, that
Mr. Spencer had taken lessons and become an pert. in that art, which
no doubt he taught to his associltel in the conspiracy. It would
have been only the work of a minute for the unconfined malcontent:&,
had they made a rush on the after part oflhe declc, to hllve struck of
the irons of the prisoners, and plnted I. hem at their head. And bad
the rush overcome the officers on deck, the officers below could scarce- Iy
hnve come to the rescue, as they must III\\' c ascended by nllrrow
steps, Rnd througll the small companion scuttles, lit which two or three
resolute men might easily have cloven them clown.
When the mutinous conspiracy firsl r(' lIehetl the earl of the commander
of the Somers through Mr. Wales, it had nUained a fonnidable
growth. Until the arrival of the brig alMadcira, on the autwan!
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13
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", oyage, the conduct and demeanorofthecrew'had been correet. From
her sailing thence a difference was observedj and after. leaving the coast
of Africa on the homeward : voyage, their conduct and demeanor became
' worse and worse. These facts are proved by all the witnesses for the defence.
The cause of this remarkable change was for a time veiled in
my~ tery. Itwas well known that tberchad been no variation in the conduct
of the commander; that bis government throughout the voyage,
though firm, had been uniformly paternal. But the discovery of11e plot
solved the mystery, and demonstrated tbat the mutinous conspiracy
bad been the sale cause of this change of conduct and demeanor. TJ1C
extent of the change clearly evinced the powerful and widc- spr~ ad ...
though silent operation of the causc which produced it. The conclusion
was inevitablc, that the poison of tlle mutiny hnd alreacly pervaded
a large portion of the sllip's compan)'. According to Mr, Spencer's
s~ atelDent, proved by the change in the conduct and delDcanor
of the crew not to have becn exaggeratetl, he already numbered
twenty determined associates, comprising of course the eldest and the
strongcst. For Mr. Spencer had declared to Mr, Wales that he woulet
have none of the" small fry," as he termed the lesser boys; that they
were useless on board; and that lIe would get rid of them when he came
into power, by making them" wuJk lhe planlc." And yet the lesser
boys composed a large portion of the crew. The foundations of the
mutinous conspiracy had been laid deep, and broad, and firm, for all
offi. eer of the brig had been the chief arcllite<: t. He, though bound ill
duty and in honor t. o use his best efforts to promote the disciplille onll'
elevate the mental and moral character of the crew, had been for
weeks sedulously cmllloyed in sinking them to the lowest depths of
insubordination and crime; ami to this nefarions object had been devoting,
but too successfully, all the weight ( lerived from his birth
and official rank, and all the influence of talents, manners, and
acquirements, well fitted for the work of demoralizatiOIl. It is
well known that a mutiny, unless suppressed OIl its very outset,
usually increases as it goes on, in a fcarfully rapid ratio, especially
when thus fomellted and impelled. Nevertheless, the commander of
the Somers proceeded with great caution, He first caused Mr. Spcn-v
• 34
eer to be put in irons i which was done on tbe 26th of November.
This, so far from intimidating, only irritated the mutinoUlJ SJ? irit. The
Dext day Cromwell and Small were arrested. till tbe mutiOOUl
spirit continued to gather strength. Then ( our other delinquents we~
added to tbe number of the prisoners. And now the aU5C of irril8 ·
tiOD was multiplied seven. fold; the diJconlenled of ilia crew had seVl': n
objecb of supposed oppression befofe them; seven themes upon which
10 appeal to their yet uncontaminated sbipmates j seven common wrongs
to avcnge. Besides, the unconfined ~ ilty fented that Ulcir own
turn might come next. The Oourt Martial anti gallows at bome
baunted their morbid imaginations. Seven of their accomplices were
in irons, either of whom, by turning Stnte'll witness, might ensure
their own conviction,. To arrive in port, wns to come within the jaws
V of danger, probably of death. Tho words of the c9mmllllder that !. he
o£ fcllders would be taken llomo for trilll, were perpetulll1y lfOunding in
their ears. Tbey became com · inced Illot the boldest OOUI" lJC was to
them the saft: St oue j that the pirate's black f1a~ was now the surest
protection against tbe " iolated laws of their counlry.
Never was a crew where malconteDls could have had a fairer
chance of making proselytes. The crew of the mcl' 1 were alm06l.
all apprentices; many of them men in physical strength, but all of
tbem boys in mind. Their youthful feeling! wore peculiarly O!) CfI
to sympathetic appeals j their undisciplined imaginations liable to be
easily beguiled by seductive pictures of the freedom and plcasurCli of
v' tbe rover's COUISe. The season of youth, especially of untutored
youth, is proverbially e~ to temptations. How impressive, then,
must have been tbe mutinous appeals to the crew of the Somers, carried
home, as they were, by the corrupting example of tbe chief COllspirator!
Highly born and eduCRted, be had renounced hopes llS
brilliant rlmI dear as ever glittered before the eye, or touched the
heart, of an American youth- the laurels of hOllest fomo, and the
sweet delights of domcstic love- his country's plaudits alld his parents'
smiles- for the wild and tragic drama of a pirate's life. How
resistless must have been the influence of this pernicious example on
the lowly, credulous, reckl~ spirits of the ship's berth- ded,; to whom
.
16
the path of virtue might baveseemed to promise nothing but unremitting
toil and unrelenting poverty, and to each of whom their tempters
might have said, ' f The world is not thy friend, noI' the worlU's law!"
It was impossible for the officers to draw a line of separation between ..........
tbe sound and the unsound parts of the crew. They slept and ate in
the same apartment, unattendE'd by any officer. _ They walc. bed and
worked in groups. The life of common seamen on ship board, is necessarily
gregarious. They can com~ unicate with each otbr. r by
whispers, by signs, by 100' k8. The officers could 110 more check. the..
progress of mutiny among the crew, than tbey could the progress of
conbgious disease. Nor could they ascertain how far the mutiny had
extended. ThE'y knew that the mora) malady llad been constantly on
the increase since the day wben Mr. Spenrer had boastl- d tbat he had
already twenty associatcs at his call j and it required the omnisc: ent
eye to select those, if any, on whom the officers might now rely. To
have held an inquest with tbe view to ascertain the namcs. of the unconfined
malefactors, would hlne ~ en worse than useless. Tllcir
universal asseveration of ionocency could not have gained credence
against the daily and bourly demonstrations of their guilt. And bad tbe
names of the unconfined malefactors been tnIly ascertained, there could
have been no ~ ction on the discovery. There was not space to hold,
or force to guard, any increased number of prisoners. And to have
singled out the culprits by name, and brandc( 1 them by a sort of anticipated
con,' iction, and yet have pennil1ed tbem to roam at large,
intenningling freely with the crew, with the halter of t, he law about
their necks, would only have made the culprits tbcmseh- es more infuriated
and dCS( K'ratc j whilst the government of the sbip, by exposing
its own imbecility, would Imvc sunk inlo disrepute nnd contempt.
Between the atrest of Mr. Spencer and the execution, the mutinous
indications were unceasing. Yet were they deep rather than loud.
The fire beneath the surface which causes the earthquake, reserves for
the hour of the explosion, its more palpable and awful demonstrations.
tn this instance especially, the mutiny had now been taught by its
own brie£. history to be circumspect and subtle. Nevertheless Ihe
t
16
name, covered but not suppressed, gave ceaselc. llllil sure signs that
the time of its bursting forth was nt: ar at lllmd. ' flIO gtmcral diaobedienee
of orders ,,, hen first announced, Rnd lh stern defiance with
which they were afterwards obeyed when moro pc: r mplorily repeated i
the frequent gathering of the older alltl lilronger of tho Crew in groups
for secret consultation, and their stealing Il, wny at tho approueh of an
officer, or else changing the discourse to some indifferent subject) Rnd
raising their voiceR to tlll) ordinary key j lha cnrrying away of tho u, lain
Jop- gallant mast by the sudden allli violent jock of tho 3Vca1hor- royal
bare hf SruRll, who had just left the sille of Cromwell, evidently by de&
ign J and ,,, jlh intent to throw overboard the lIoy on the roflll yard, that
confusion and a chance for the outbreAk lnight thence ollsue; the llimul.
taneous mustering of the chief coll.! lpiratorH [ It tho main top- mast head
on that occasion, wAtching the momeul lor ncdoll, to which pOl'nt WllB
also directed the fixed nnd anxIOus gaze of Mr. pancer; the re. fusnl of
the mcn to come aft: at first WllClI ordered tbore to aid in sonding up
the new top- gallant mast, nnd the'll the tumultuous rushing thither by
nearly all the crew, lltamping wilh lheir feet- on outrage mado more
suspicious by its har. pening after dark j tho repetition of the / lame
seditious conduct on the following. llvening when the crcw wero
called aft to the main try-./ lnil sheet, wilh the further circumstance
that the rushing aft was continued even lifter tho crew bad been distincfly
ordered to return forward j the repeated millsing of the musler
without excuse by those nflmed ill the Greek paper, in defiance ofilie
government of the ship j the mysterious removnl of the hnndspikcs,
heavers and holystones, so as to mnke them accessible to the conspi.
rators at the moment of need, and the sharpening of the African
knife and baltle- axcj lhe stealthy glances of the conspirators towards
the places in the ward- room anll stecrage where the officers ofT tlllly
kept their arms j the d<.' Clarntion hy one of the conspirators that he
would like to get the African knif(~ into the hamls of Mr. Spencer, and
tbat the knife woult\ yet have to do it grent tlenl of slaughter j the
raising of a handspike in n threatening manner uy the some coospira~
tor against an ollicer, whom he sought lo take unawares; the cease ·
17
less elforts: of those named in the Greek paper to steal aft under pretence
of some call of duty so as to be near the prisoners, watching
an opportunity for communication with them, and the frequent interchange
ofsignificant glances between the prisoners and them; tbe
sullenness and moroseness of the crew; their wllisperings; the sedi ·
tious expressions which were occasionally overheard; the insolent and
menacing tonc assumed by them; their ominous expressions of dis~
pleasure at the prisoners bciug kept in irons; arc alnong the Dum ·
bcrless circumstances, which collccti\" cly force on the intelligent and
experienced observer the full conviction that the mutiny was rapidly
maturing for it!; final outbreak. Add to these the dark : md portentous
looks oCtile crew, which, like the lowering sky pres,' ging a tornado,
a scaman's eye could detcct aDd appreciate, but which a seaman's
tongue cannot adequately describe. The sullenness : llld moroseness,
the violent and menacing demeanor, and the portentous looks of tbe
crew between the arrest of Mr. Silencer and the cxt'Cution, arc not
the creations of fancy. Every officer and many of the seamen hav~
sworn to their existence. All these witnesses would not Jengue to~
getber to deceive you j and they could not have been tllemselves deceived.
They arc nautical mcn, well acquainle< 1 with tIle usual man~
neTS, demeanor, and looks of seamen, and were eye-. witncsses of what
tbey state. They observed tbe ominous appearances from hour to
hour and from day to day, and watched with care their fearful p~
gress. That one witness might be mistaken in such a case, is not
very unlikely j that a multitude of witnesses should be so mistaken, is
against nll probability. To reject their united evidence as fabulous
or imaginative, would be to destroy tbat faith which man, from his
socinl relations, is bound toplace in the testimony of his fcllow mcn.
But to oppose all these accumulated proofs, McKinley, McKee,
Green, nnil some others, whose names appear nil the Greek
paper, have been introduced on the part of tbe prosecution, and ele.
vated to the rank of witnesses in a court Qf justice. By tbat paper
McKinley and McKee had prominent posts spccially assigned them
In tbe meditated massacre. They with Greet! were brougbt
3
,
18
borne In irons; and all the conspiralon Ilanll candidatel for trial lit.
fore the proper tribunal of th.. ir count,)" for life or d atb. Their
own safety required tbal they , hould OoMIJ Ilclly the . ente of
the mutiny j aod J if Mr. pt'. nccr com~ lly ctiliullLll · d their chll' 3cter j
tbeir denial was not likely 10 fnlter throu~ h lilly llclicacy of con ·
science. To ( C) OIlS ICllguetl in II cOllllpirllcy of llIunlcr and of piracy,
it would seem n IIligll! Ihin~ tOllll] 1I'rl1l1d the crime or wilful fnlsehood.
Comment UpOIl such wilncACIi would blJ n lIt1cl\'! lIl wunto oflimc; nor
is it worth while to mnl'llhnl IIgnill.' lt thclll the plllllullx of opposing
testimony; they Rralcft to . ink umler their OWII weight. The omission
to examine Wilson, 10 whom til(' ( lreck papt" likewise usigned
a chief place in the meditated lnlllNfllCrC, IIml who WIIS the actor in the
lICtnes of tbe African ' mife, the hnnd. spikl', lUl11 the blttJ~ axe, and
who was also brought home in iron., i~ II virtunl Illlm. ion that the
prosecutor was afraid to examine ! lim i- thnl, if exnmined, he wouW
han betrayed secrets ( alaI 10 the 11I1" l',' utillll. IIml ,,! lith arC still
loclr: td up in the hr as1.8 of til comlpirUIOnl.
The slander sometimes suggestl'II, Ihlll Illl' olIic(' l'll of tile Somers
were rendered nervous by unmallly leur, bl'lraY/' lliH ignorltlloo of the
case and of tile true character ofthcAlIIcriClllllll1\, td offtcer. Of himself,
the commander would, in this rCtt\ lecI, suy lIolllillg. But of his
eleven associate officers, be is bomlll to fllly thut nl'\' cr wtre meo, in
periloW3 circumstances, more cool, coll('(" l('( l 1111,1 tcmpcrale than the,.,
They proposed no bast)' effusion o( blood, though cOll! lcious that their
own lives were in momentary peril. After Ihe llisfOVCry o( lhe motiny,
live da}' s and nights wer~ giH' 1I In tlilll'ulltliollllle and aolemn
deliberation, Nor was the execution rt.' Comrncn, I,', 1 until it had been
gradually nsccrtaincd, by melancholy proofli, l\ l'(' lllllulating daily and
hourly, thnt the c. xperiment of rcilert\\ c'llllrrctilll, iw'\ cll, 1 of breaking
the heart of the conspiracy, huel only l'l'llllcrcd illllnrc ferocious nnd
desperale, Unmanly ( cnr, il i4 believed, ill not WOllt In be nil inmate
in the bosoms of Allll: rican llll. valolliccl' 8, ( Jur youthful 1l11\' y has
produced mallY heroes j pcrhll. ptl few cowllr, lll. Illllllunly ( ear would
heretofore have been tbought all'rl\ n~" lnl, lucly ill nur IUI\' I\ I ~ n'ice, It
. 19
did nol " in times that tried men's souls " display itseIfin our \' essels of
war on the lakes or on the ocean. That this malady should ha,' c had
its first outbreak in the Somers; that it should have spread at once
from officer to officer until all were infected without ODe exception;
and that its morbid influence should, in every' iDstance. ha\' c destroyed
the healthful exercise of the mental visioll, the jud~ ent. and the
memory- is a sUPIJOSition which, to gain credence, should rest on
something besides mere sugg- cstion.
From the arrest of Mr. Spencer to the execution, the officers of the
Somers had upon them a heavy weight of labor and responsibility.
They stood sentinels on the dcck j and ultimately had no alternative
but to remain there under arms day and night, wlltcll and walth
about. To the I'Cfl'cshing influence of quiet sleep, they Ilad become
strangers. Fatigue and consuming care were wasting away their
youtl1ful frames. Nature would have endured the struggle but little
longer. And while their physical strength was hourly becoming Vless
and less. the danger was bourly becoming g- reater and greater.
It was now manifest tbat the government of the b~ ig bad been des ·
poiled of its moral power. It was lost, that instinct of fliscipline,
that loyalty to authority." that subordination of the beart" wbich
form the conservative elements in tbat little floating world, a national
ship. Anarcby, deep and wide spread, was predominant; and phy-sical
force bad become the sole arbitress. TIle conspiracy. confident
in its strength. matured in its counsels, anel murderous in its resolves,
was now ripe for action. Implements of wood and of iron were always
at. band, well suited to arm tbe malefactors ( or a hasty and close com-bat.
A sudden accident. abstracting the attention of the officers; or the
confusion incident to a squall at sea; or even the Cover of a dark
nighl, might. at any moment have brought the mutiny to a successful
issue. And what wOllld have been lhe consequence l I pass over
the murder of the oflicers and faithful of the crew as comparatively
a ver)" little thing. The lives of military men, whether on land or
at sea, are plighted to their country; and compared to the honor of
t. bat country. indi\' iduallife is as the drop of the ocean. But the na-
20
tiOD'S honor was now at stake. . An American vessel of war w;.
about to become 11 piratical cruiser. A vessel which had been born
into our navlll f{ llDily. Dnd consecrated liS n defender of her country's
glory, and one of the protectors of the great commoDwealth of civilized
man, was about to be tom from ber sphere, and Jet loose B law.
less wanderer upon the deep. carrying along in her devious coune.
like a comet loosened from its orbit, dcvastlltioll, Dnd terrol, rmd death.
Perhaps no vessel could be found better fitted to become !. he pest of
/' the ocean. Seldom surpassed in speed by anything propelled by s~ ils;
of bu. fficicfll strcllKth to overcome mcrchllntmcn j so slIlall lind hght
that, if preaM by superior force, she might retire beyond their rench,
and bide herself in sboal water; capable of supplying herself from
her prizes with men, naval Blores, provisions, and water, she might
have made her home on tbe seas without ever entering port. There,
swift and destructive as the pestilence, by tum. sbowing herself on tbe
Atlantic, and then in the Pacific and Indian oceallS, she might have
been the world's terror for yenrs, without ilb being known from
whence the seourge came, or whither it wellt.
Under these circumstances what was the commnndt'r of the Somers
/ to do 1 He wns alone 011 the occnn. He could llot invoke n regulnr
court- martini. He llsked the best nnlJ'only COUIl.! leI within hill reach.
He made a written appeal 10 his officers for their advice. His officers,
after examining the witm~ es, nnd with full deliberation, returned him
their writtoll, unnnimoo! l, Ilnd solemn judgment, thnt the cxecution of
the three riogleaders of the mutiny was ioui" llClllUlb1y necessary for
."
the safely of Ibe vessel, and the liycs of the faithful On ooard. With
this jtllJgmcnt of the only court within hill rench, hi ... 0\\' 11 opinion
concurred. The high lCD' funlillhed no leltrnetl jurists wilh whom he
might consult. But be had with him " " ohllue of Nature's la~
written by lht' linger of OCHJ on the human Ilcnrl. Inlhnt volume he
rcad thnt ncces3ity ordains its own controJini{ conons; thnt Ihcy who
tcclc unlawfuJJy to slay, may thCffilSeh · cs be Hillin wilhoUl formalllfO- o
cess, when lbe self- pre: rervatiOIl of the llltlllitctl rCIlIJCnt tllc sncrifice
i. nevitable. Anti, above all, he found, ill thul, mmc volumc, the Ila~
21
hiral elements of national jurisprudence; and there be read. that
when, on some remote station, or on the solitary deep, the commanding
olliceT, b)' land or sea, bound, as it were by an oath to protect,
at the expense of life, or hundreds of lives, tbe vital interests, and
sacred bonor of his country, shall find those vital interests and that
sacred bonor about to be deeply and incurably wounded by a band of
apostate felons, and that the evil cannot be averted but by the death
of those felons, without the formalities of law, he is in duty bound
to rouse up his spirit to the majesty of the occasion, and, poising himself
on his own magnanimity, grasp, with unfaltering hand, the sword
of righteous, though summary. relribution. The execution took
place. It was foreseen that the remedy would bcdecisivc; for of the
~
malcontents there were none, save Mr. Spencer, Cromwell, and
Small, who could navigate the vessel; and it was known that guih
would not trust itself to the broad ocean without a navigator.
The commander of the Somers was influenced by no prh'ate motives.
He bad no feeling of personal hostility against the prisoners.
To the deep agony which their fate caused bim his officers have borne
witness. He was conscious that the nation which he served was jealously
alive to any unusual exertion of power; and tbat, upon his return
homet hll would be called lo a strict account for the shedding of
blood not drawn from the public and declared enemies of Ius country.
He was not unmindful that the distinguished father of the chief culprit
held an office of high trust aod authority, and that the hostile influence
of that father would be an evil not lightly to be encountered.
But the exigency of the case impelled him forwan!. The path of honor
and of conscience was rugged, but it was plain. There was no
bye- pal. h to the right or the len by which he could escape. And he
trusts that, hlld the chief culprit been of his own blood, he would
not have faltered in tbe career of duty.
Upon his return home, the commander learned that tbe law of nature
which he had studied and obeyed, was also the law of his country.
It is belie" ed to be the law of the ci," ilizcd world. Perhaps no
name stands higher in British jurisprudence than that of Edward
2ll
Law, anerwards Chief Justioe of Bna1and, by th till of lArd . Ellt...
borough. In January, 1802, 1_ than tbr montM before he ' oTIS
,' retooted 10 the bench, be conducted, in billb n capatilyor Attorney.
General, a public pl'OlOCutioo against JOitph Wall, Ii r all all~
murder at the Island of OOtte, in AfriCI, of whicll . lInd be bad
been Oo," emor. The ael complained of wn one of n I IIld
atrocious cruelty. Under IhCl pretence of. mutlny of doubtful rxislence,
without a Kencrlll or rtgimcntal court- mlrti" I, of whidl the
matcrinls were at hnml, l\ ml wilhout lilly nact'tlity urging immedille
actinn, 8S the mutiny, if I1l1y, Wl~ pasl, tho overnor hnd CIlUSN! a
soldier to be whillPI. · d 00 In.- hell, with n rop eight timet 1\ 8 thick as
lilo or< lil1l1l" y ent 0' lIille tnils. To do the work e{ fcclulllly, hf' had
employed five aI' six Hlrflllf{ tlegroc.. Ipeclally aelo led for thu ] lurpOllt,
who, ill the lIpiril of emulation, clIch whipped wilh " II hi" might till
he WIIS tired, and thell paMed the rope to a frt'. lh hnnd; and thll.! ltbe
rope went round umong the ncgme. in . uoctllion until the whole
number of lashes had been inJ1ictt: tl, The governor hAd . tood by to
enjo1lhe scenc, repcntedly IIrgilll( th ncgl'OeI to whip hllrduj " to
cut bim 10 the liver, lo cut him 10 the heart." The IOldi~ r had died of
his bum, and the brutal go¥' ernor wu oond rolled aud e. ncultd,
But e'en on that occasion, when tbe torrtnt or rilbteoUI indignatiOll
seemed to be bearing all before it, the Attomey. O nenl rote aoo\' c
his feelings ll! I a man to II. tense of his dutl u the reprer ntll. tive of
his king and tounlf)', lind cII. refully Inid down to the jury, as t\ Innd.
mark for their go\' crnmcnt, the grlllli prinoiple cnntained in the following
extract Jrom hia Ill> eech, Tho application of the extract 10
the case of thc Somera, gcnerlllly nnd specially, in ,, 11 it. parts luKl
beariugs, iii too ob,' ioUH 10 need commcnt:-
" nul lel it not," . nYI he, " be undel'ltood on thnt nc(: ounl,
t1Hl. t there tully not be circum~ llIlll'et+- it will be for OOl'ernor
\~ nll to ~ llOw. that such Circlllll'ltlllll'C. 1 existed- which lIlRy constitute
l\, lIUffiCI~ nt" ~ llt'( l\ llttll, nntl rull defence for a military
officer, 11,1 the infliction of Ilulli~ hll\ l'l\ t. without either n general
~ H ~ regimental court~ lIlllrtia ; for if tllt'n' Le that cltlo\' rl'l' of
lmmllle~ tlleccssity which IUperct.' tlcs lbe rt',' U\ IIlil' to IIny ordinary tribunal
j If there be aClually e. tiltillK Ihat Jlawaut mutiny which lUust
23
either be suppressed by force, and by the immediate, though irregular
application of severe punishment, or must be left to rage uncontrolcd,
at tbe utmost peril of public safety, that, which] was just now pronouncing
to be irregular becomes. if the more regular and appropriate
course 01 proceeding in such cases cannot be resorted to. itself regular
and capable of being justified upon every principle of public duty, for
it imports the public sarety, that the means of resisting an enormous
and overbearing evil, should be as strong, sudden, and eapahIe of np-.
plication, as the evi I itself is capable of immediate mis<: hievOlls effect;
and if this has been the case here, it will caTry its own justification
with it Gentlemen, upon this occasion, therefore, it will be most
important for the prisoner to establish tbat there existed, in point of
fact, a mutiny. When he has established in point of fact ( if he can
do so) that there existetl a mutiny; if he can go farther, and show
tbat the ordinary modes of trial could not be resorted to, and that,
upon conference with the officers, that, which on the emergency was
thought best to be done, was done, and that there was no wanton
abuse of power in the infliction of the punishment, the prisoner will
be entitled to go quitof the charge made upon him by this indictment!' ·
Lord Chief Baron Macdonald, wbo presided at the trial ( assisted by
Justices Laurence and Rooke) unequivocally ratified the rule of law
as laid down by the Attorney~ Gcncral.
The grent principle of \ lIli\" ersal jurisprudence thus laid down by
the future Lord Ellenborough to the English jury, and confirmed by
the English court, had been pre,' iously recognized as a part of tile
American code, and c., rricd into practice by Washington himsclf, in
the case of the Jersey mutiny in 1781. The following is e. xtraded
from Marshall's Life of Washington:-
" General Washington: wbo, though satisfied with the conduct
both of the ci\'" il and military officers, had been cxtremely mortified
at the issue of the mutiny in tbe Pennsylvania line, and who was
now confident of the reliance to be placed in the fidelity of the eastern
troops who were composed of natins j detennined by strong
measures, to stop the filrther progress of a spirit which threatened the
destruction of the army. In pursuance ( If this determin; ltioll, he immediately
ordered a detachment to march ngainst tlle mutillllcrs, allfl
to bring them to \ lllconditiOIl< ll submission. General Howe, WIIO commande<
1 this detachment, was instructed to make no terms with the
insurgents, while they had arms in their 11amls, or were in a state of
resistance; and as soon aG lAcy should surrender, to seize afew ofthe
most actirt':. leadcrs, and to f: cccule lilem on (/ U' spot. Th~ e oHlers
• XXVIJI. Hn.... ell's f. I. l~ 1' ri. I~. 60.
24
being promptly and implicitly obeyed, the Jersey mutineers were compelled
to return to their duty." ·
The very words used by General Wl\. Shington in his letter to General
Howe, dated 2.2d JaDunry, 1781, arc ruI follow! J: " Uyou succeed
in bringing the rC' · olted troops to a surrender, you will tmt( lnily txtCtlU
a few ohbe most active and inccndiary IC3llcrs." t This order
for instantaneous exocutiOll could 1I0t ba\' o contemplated either a
general or regimental Court Martial, the formntion and nctioll of
which are always nttcmlcd with some lIcloy. II is tl'UC tbnt General
Howe says tbat , t a fielll Court Martial wru:; prCllcntly held." Dul this
field, or, as it is morc gcnernlly called, l1nun- hcad Court Martial, is
Dot known to the statute law of t. his country or of England. It is tbe
mere creature of urgent necessity, which, as in the ca~ c of tbe en,
may not brook delay; and it is of no more legal validity than the
COn:; ultation of officers on bonrd thnt v(' sscl, Its cll'sign is simply to
nid the judgment of the commander, nllll to IIhow the world thnt he
bas acted with the best ndvice allowed by the l'xigCIICy of the oase.
On the trial of Governor Wall, the Icarned Attorney General, in
speaking of a field or drum- bead Court Martial, lIays; " It is not a
trial, but something tllat the nccc: ssity of the cn! iC overlooks." l
The following is an extract from the joint remarks of Lord Mansfield
and Lollghborollgh ill the case of Johnstone llg11inst Sulton.
U The. salvatio, n ? f ~ his country ilepcnds upon the discipline of the
f1ee. t j ~ Ithout dlSclphnt, they would be n rabhle, llllllgerous only to
their frIends, and hannless to tile enemy: Commnllflcrs in a day of
battle, ll~ and the . same remark applies IlCrhllps more strongly to a day
of. pressmg mu, tiny,)" must nct upon delicate sILspicions; Uj)() n the
evidence of theIr own eye." 9
Only olle more authority will be cited. Sir . fumes Marriott, the
distinguishCl. l Admiralty judge. ill a chnr~ c Itclivercd by him to the
jury in 1792, expresses himself as follows:
II. YoU will call to mind continually lhe state nnll comlition of the
parties concerned, the nature of their li\'( lS. business, and necessitiCi.
• IV. MlV3haIl', \ Vqllingtoa, 868. t VII. Spark'. W'JIlinll'lon, 381.
J xxvm. HOWfij'. St8. tt Trill~ 101. § T. Ournronlnnd F. UI. M9.
•
-
25
Consequently, in judging of matters committed upon the high seas, you
will take into view tbe state of society upon that element, where all is
violence. This consideration makes a great difference between actions
at sell, and actions on land, where everything CODles within the sight
and knowledge of the neighborhood, and where the peace and tranquility
ofthe subject is l; cnerallr secure under a mild and moderate government.
You have to Judge 0 ferocious men, possessed of few but
str. png illeRs, peculiar to their employment j of men hardened by dnnger,
and fearless by habit. The subjects of YOliT deliberation are actions
done on a sudden; vehement from the nature and necessity orthe occasion.
The preservation of ships and Ii yes depends often upon
some act of severe, but necessary discipline. These scenes of violence
present no very amiable pIcture of human nature; but such
violence is frequently justifiable, sometimes absolutely necessary; because,
without it, no commerce, no navigatinn, no defence of the
kingdom, can be maintained. The consideration of this should soften
the rigor ofjudgment, which might otherwise be made on land, by
persons ignorant and inexperienced of wbat is done at sea. It 1$
painful to observe that, without the greatest care in weighing of evidence,
no commander or officer of a ship can be safe upon his trial.
In charge oftbe lives and properties of other men, contending with
the moot ferocious, upon an ungovernable clemenl, a commander is
placed every moment in danger of the loss of character nnd life. A
ship is a little government, compressed into a narrow compass, in
which there can be no hope of security for nny man on boord, without
a rapid and strong occasional exertion' of an absolute power
placed in one man. Like other governments and situations, the command
of a ship is open to the most horrid general combinations and
conspiracies, with all their consequences, fit to make the stoutest
beart tremble. The passions operate at sea without controlj anel
all On board of a ship is too oneo a scene of misery, terror, rlisorder,
license. resentment and revenge." ·
The notion recently suggested that the council of officers on board
the Somers should have proceeded more formally, and, having first
served written charges on the accused. should have conducted the ., .., ot
examination in their presence, subject to their cross examination,
and regular llefence, could not have been carried into effect. Each
of the three persons executed had, at the time of his arrest, been dis- ~
tinct1y informed of the charge against him j nnd two of them hnd af ·
ter wards repeatedly plead guilty to the charge. The certainty of
the guilt of all the three, had been placed beyond peradventure by If
• Bef/. Reports, 110.
•
)
26
tbe ocular view of the commander, lind the summary illquest before
the council of officers. A regular trial WlIS utterly llrecludccl by the
exigency of that awful occasion. Necessity stoou IIlern umpire, lind
allowed no time for Ih~ cert'monics or dc) nys of tllC hnv. The two
investigations of the elise 011 land, with every dcsif( J of tbe Courts to
proceed with dispatch, hll" C OccuI, ied, Ihn! before the Court of Inqui-ry
at least twenty dn)' s, and tbis before the ll\ l? lltlll Court Mru" 081
more than forty daysj ", nd had the 1, rolJOsctllfcgu] oT trill! ut sea
continued but one tentb of the shortest of those timcs, il would, to n
moral certainly, hvebccll interrupted and supcrccllcd by the Ihreatened
catastrophe, which, ill the twinkling of lin eye, would have substituted,
for the reign of law, lithe reign of tcnor." Thu very exposure
ofthc fact tlmt tbe trial of the m\ lliuy wus formnlly gOill~ on
for life or for death, implicating of cOllrse the unCOII[ lIlCII ns well as
the confined guilty, would of itself Imve produced U cOlicUSI> ioll t11St
could not have failed to hasten on the crisis.
It bas been sometimes said that the Somer, j might have left at St.
Thomas, in the custody of the go\' crnment there, the prisoners WIIO
caused the danger, The propriety of such n COUl'HC may Le thought
doubtful, even if the brig could huve reached tha~ island in snfety,
An American sbip- of- war is olways deemed competent to meet Illi
enemy'from without of n force not superior to her own; much more
must she be deemed cOJU! lelent to meet and quell. Ly her own power,
hn enemy from within, If she is not capable of mnintnining her own
~ discipline, she ought not to be held wortllY to fight her country's battles.
It would seem to be a degradation to our illig for all American
ship- of- war to invoke the aid of a foreign government to lJuIJtain the
discipline, or quell the insurrection of ht; r own crew. But these speculations
are foreign to the pending lrial. The evidence repels the
supposition that the Somers couM lmve reuched St. Thomus in sufety
with all the prisoners ulive. There was every reaSOll to Lelieve that
J what tbe conspirators intended to do, they would do ( juickly. Mr.
Wales had understood from Mr. SI, cncer that the mutiny wus to take
effect \" Cry shortly, nnd evcn bifare their arrival cd St ' l'luymas. The
27
arrest of Mr. Spencer and six of his associates, instead of retarding,
was likely to accelerate the catastrophe. Under the exasperatifln
caused by their arrest, every thing indicated an immediate outhreak.
The forebodings of the unconfined culprits that the comman(! er might
invoke even tbe afm of foreign law at St. Thomas, and cause them
to be sent home in irons, by safe conveyances, to meet their country's
doom, lent the stimulant of desperation to the ather causes of excitement;
and it is more than probable that had the execution not taken
place when it did, the squall which followed in the evening of that
day would h" vc been the signal for thE' final explosion. The bearing
away of the Somers fOf some other West India island would have
been a still morc dangerous expedient. The brig would not have es~
caped tlte risks incident to thc passage to St. Thomas; and the sudden
rleparture from the known course of lIle voyage would have been virtually
an official admission that tile mutiny was too strong for the authorities
of the ship, and that the bearing away was but a flight from
the dreaded danger to crave protection from the government on shore.
Such an admission, while it would have disheartened the faithful
could not have failed to give strength to the ranks of the faithless. It
would have confirme( l the wavering in their mlhesion to the mutiny,
and imparted' fresh courage to the confirmed in guilt. That a crisis
would have been suddenly forced on is almost beyond a doubt. The
conspirators would have hesitatel! little in the choice of the two paths
before them- the one leading to the irons, the prison, and'the gallows
of the law; the other conducting, as they would then have boldly
expected, through blood and massacre, to a sure and prompt victory,
sweetened by revenge, and crowning all their desperntc hopes, j
To enable the Court the better to judge of the necessity of the execution,
permit mc to bring the case to another test. Suppose that
the execution had not taken place; that the unconfined malcontents
had risen and released the prisoners; that the mutiny
had triu'mphcd ami the brig been turned into a piratical crui~ r;
that the faithful of the officers and crew had been all mass. 1cred,
except the commander alone; lhat, from a refinement in cruelty,
28
the pirates had spared his wretched lutl, and !> ent him 011 shore that
he might be forced to wend home his solitary way and become himsclf
the disgraced narrator ofwhnt would thell indeed have been lhe tragedy
of the Somers. With wbat a burst of indignation would lhccounlry have
received his harrative! How would the American pr~, with its thousand
longUl.' S, have overwhelmed him WiUI exclamations und interrogatories
like these: " You werc seasonably \ lrged by the unanimous voice
OfyOUf trusty officers, to Sll'" C their liVCIl, the lives of your faithful seamen;
and the honor of your country, by t. he timoly execution of those
malefactors, who deserved to die, and whose immediate death WOJ
ilOperioU.! ily demanded by the exigencies of t. he elise. Why did you
DOt heed the counsel, tbe earnest counsel of your associates in authority-
your constitutional advisers- with wllOse opinion Jour own
too concurred 1 You did not, becnuseyou dllrcc! 71ol. You fnltel'ctl in
the path of known and acknowledged duty, because )' 011 wUlLtc{ lmornl
courage to tread it. On you, in the judgmenl of conscience, Jevolves
the responsibility of those mu; ders which you might amI ought
to have prevented. On you recoils the disgrace of lhat flag whicb
never sustained a blot until it was committed to YOllr charge." To
finish the picture, permit me to fill lip another part of the canvass,
Suppose that the Somers, now turued pirate, while cruising oU' our
coast, had been permitted by benvell, in an evil hour, to cnpture l> Qtne
vessel plying between this and EuroJle, freighted with the tulellt and
beauty of the land. The men ure all murdered, ancl the females, including
perhaps the new made wife, and muidens just blooming iuto
womanhood, are forced to become tile brides of piralcs. A universal
shriek of agony bursts from the Americnn people lhro\ lghoul nil their
vast domains j nnd the wailing il> echoed back from the whole civil.
ized world. And where then could the commander of the Somers
have hidden his head bronded, us it would have been, by a mllrk of
infamy as indelible as thnt stampcr! on the forcheR{ l of Cain.
The case of the Somers may form all epoch in our ! lu" al history,
Should the course of the commander be approvall by his CO{ llltry, mu ·
tinies in our ships of war will probably hereaftcr be of rUlC occurrence.
' But should this Courl, or the high tribunal of public opillion, pJ'o-
29
llQunce sentence of condemnation on the course which he felt himself
bound to pursue, it is respectfully yet solemnly submitted that
the senti: mce will be the signal for the general prevalence of insubordination
in our navy. The means and subjects of mutinous excitement
are always at hand. Filled with mcn of mixed national character
j crowded with spirits as turbulent as the element on which
they dwell. the ship's berth- decK ever abounds in materials of combustion,
which a single spark may ignite. The commander must
quench the flame, even if it is sometimes rione by the sacrifice of life.
He must suppress a mutiny in his little empire by the application of
all Deedful force. No degree of force is superfluous 01' unlawful, that
is necessary for the suppression. Effectual suppression is the only
point at which he can rightfully stop. He must move to that point
with a cautious, not with n faltering step. He must employ gentle
means, if they will reach the evil; if not, he must resort to severer
measures, and if need be even to the severest. He may give such time
to mild expedients as the safety of the ship will allow; not a moment
longer. But if his country's reproach is to be the meed of his faithfulness,
other commanders will take warning from his example. They
will suffer the rage of mutiny to pursue its fearful course, rather than
arrest it by the sure sacrifice of their own character. They will risk
the chance of being cloven down at sea by the wellponll of the mutineers,
leaving to them the choice of time, place, a, nd mode of attack',
rather than incur the certain fate of perishing nt home by the daggers
of calumny, They love their country j for their native land they
would cheerfully die; but they cannot even for that belo\' e< l country,
wiUingly lose for ever their own most precious character. The love
of character is not the least of the motives which has induced them
to relinquish their peaceful hearths, and make their home 011 the unquiet
seas. And to sacrifice their good name-" the immediate jewel
of their souls"- even on the altar of public weal, requires a sublimity
of patrioti'iffi beyond the flight of orllinary men.
Discipline is the first and second and tbird virtue in the naval code.
11 was discipline, perhaps more lhan even courage, which, during our
last waf with England, enabled our little navy to work its miracles
all
on the lakes and upon the oneaD. Of those glorious acbievcmcntll,
the commander of the Somers may ' Peak without egotism, for be
was not theD of an age to participate in their dangel'S or tbeir fame.
The electric shock then communioated to aD astounded worM, can
MYer be forgotten; for it has pdled into tbe immortal pages of history.
The great British historian urtbe plUCnt century Ipcak. of it
i. D. these glowing terms: « When therefore," he says," it WM seen
tbalm repeated instances of combats of single ve! lsct. of the same.
clllSS against each other, tbe ships of the United Siales hnd rrovcd
victoriaus, the English were stunned as by tbe shock of nn cllrthquake
j the Americans were immeasurably, and with good feMon.
elated i nnd the other nations in Europe thoup; ht tllCy discerned at
lnst the smtlll cloud nrising over tho ocenn, which was 10 involve the
BritiJh maritime power in destruction. II. And the ClllISO of these
di9comfitures, the same author more thnn bints lit in the next pngc hilt
oue. He there says: " Experience had now proved, thlll 10llll: continued
aDd unexampled success hnd produced ill wontell ( feel in relaxing
the bands of British naval preparation j al1tl thftt they hall
much need to recollect, that, in the language of the ancient colllluerOrl
of the world, the wonl for an army Wa! dcri\' Cfl from the vt" rb to
uttrcU'," It was then the Spartan discipline of our navy, no 1C9li
tban its Spartan valor, th. t enabled it to triumph o\' er the proud miJtretll
of the Ocean. Let discipline for ever be regarded u il! sheet
anchor j and let it never be forgotten that , ubordinatioll is the life,
and mutiny the death of discipline. In tbis \ · jew of the subject, the
nominal party here sinks into comparative unimportance, nnd the
American nation real' 9 her august form, entreating that her youngest,
her favourite offspring, may be saved from its worst cnclO)',- that
it may be sayee from the clc: norlllizing, dClltructivc principle of insul>
ordination.
All of wbic1l is respectfully submilted.
ALEXANDER LIDELI, MAeKENZIE,
22 },( arch, 1843. COMMANllIm u. 15. NAVY•
• X. AIiIotI.', HitlOI')' ~ . Euro~, 672.
APPENbrx.
•
The following it an aut eopy of th
paper fOllDd in Mr. Spenc: er'. JUOI"- ea& e:
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rU( lQ.{ J( I" .. lt
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ne followiag it a ~ traJuJati01l
of the Greek J- per:
Certain
P Spencer
E Andrews
D M'Kinly
Wales
Doubtful
Wilson +
l\ I'Kec +
Wartier
Green
Gedney
Van Velsor
Sullivan
Go< IJ~ y
GalJia +
Howard +
To be kept willing 01' unwilling
Sibley
Slremel
& ott
Van Brunt
Smith
Whitmore
Gazely
Blackwell
Rodman
Clark
Runle.
Keiley
Selsor
Corney
Dickenson
The Doctor
Garrebrantz
Waltham
•
~,. JoulqJVl l'uqll. J + 11,11 ' ffqofJ- Those doubtful, marbd + will prob ·
afJA. v fJ• •,, 6vxiJ 10 ro&". fJf~ Oubly be induced to join before the
ii UI'IUI'Oa:.
_ Vt1Y, JlI ~ . GflflJf6 ,,, 10 .... IIIIOJI-- projtet it carried into ezecution_
8, f/'/",' Jl6' f/ 09' 8. dovltpll'J., rIU_ vof/. ' rbe remainder of the doubtfull, will
aplll rotJl 1/ 1' 8. 81t'"( I' 60'" j JJ ' 01, probably join when the thing i. donI! j
8,11 p",, 1 !. fl6fJl, J If not, they mu. t be forccd-__
rip / 11' 11 rol pO- V". 6 Jo"", \ 11" 10 ~ o", IftDJ not marked down, wi. htojoi. ll
a" z'QJ~ JO"'. II'''' IU1JI. ow 8. fl', ftor it i. done, we will pick out tbe
a" cl Jlpr~. 09' 8. ,,,,, beat ami di'J} OI1! of the rc. t---
U'lil 111'"" Wheel M'Kce
A. aVpJ" l, Jl' · al IsSJIJ. l.' au. U.". l'v AOrambinChen ~ SM'mp'eKalllilcnely r
UI~" WillOn
Uavd QOOJI S"; I" JI~' l Ward room Spencl': r
~ Sff"' JI,/~ ISI'~ C! nct" r
SlffflGT' SJlfJU Sleerase Slnllll
U. ll~ o .. Wil. on
The Somers Affair
