The cruise of the Somers : illustrative of the despotism of the quarter deck : and of the unmanly conduct of Commander Mackenzie

              THE

CRUISE OF THE SOMERS:

ILLUSTRATIVE OF THE

DESPOTISM OF THE QUARTERDECK

AND OF

THE UNMANLY CONDUCT OF COMMANDER MACKENZIE

"Difficulty is a bugbear to children, a stimulus to men."

New York:
J. WINCHESTER, NEW WORLD PRESS, 30 ANN ST.
W.B KIMBALL, 23 STATE ST., BOSTON.

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CURIOUS AND STRANGE.

PUBLISHED THIS DAY,

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ST. PATRICK'S PURGATORY,

AN ESSAY ON THE LEGENDS OF

PURGATORY, HELL AND PARADISE

CURRENT DURING THE MIDDLE AGES,

BY THOMAS WRIGHT, ESQ. M. A. F. S. A.

THE

CRUISE OF THE SOMERS

ILLUSTRATIVE OF THE 

DESPOTISM OF THE QUARTER DECK;

AND OF

THE UNMANLY CONDUCT OF COMMANDER MACKENZIE.

"Difficulty is a bugbear to children, a stimulus to men."

New- York :

J. WINCHESTER, XXX ANN- STREET.

1844.

PREFACE

THERE is a singular fact connected with the sad

affair of the United States brig Somers, which has

prompted the  writer of the following pages to his

present work. The fact is this: that while the

great majority of private opinion, both among lands­-men

and seamen, is decidedly against the course

pursued by Commander Mackenzie on the occasion

of the supposed conspiracy; the public expression,

with some few exceptions, has been in his favor.

This should not be so.

There are many people, particularly in the rural

portion of the country, who are desirous of having

a succinct, and reasonably adequate sketch of this

interesting subject, from the pen of some one

con-versant with sea life. They wish for a. sketch

which shall not be encumbered with the technical­ities

of the law, or of the nautical profession. They

desire Imple, ofl- hand, until r- of- faut slo ry .

s.

CHAPTER I.

THE cruise of the United States brig Somers, in the let­r

part of the year 1- 1. · 12, will be long remember6d. The

tory of the tragic scenes which occurred on board of her,

- ill pass from mouth to mouth, not only of the officers, but

of the sailors which shall form the navy of our country.

Xot only will it be remembered :- it will have practica l

influences, tending, materially, to lessen the confidence

which it is indispensable should exist, on the part of the

junior officer and the common sailor, toward those high in

mmand .

flagrant act of injustice and inhumanity. like that

,...... rmttNl by CommandN Meckenaie and his associates,

oaDft l be done with impunity. The law may shield the

perpeua; ors of it- Dnal courts- martial may color the

transaction as best they can. to the end that a brother offl,

oer shall not have his commission taken from him- but

voice of public opinion will, sooner or later, utter a

t'enrct paramount to all these; and the leaven of distrust

and jealousy between officers and crews will spread till

eat evil come.

navy and the mercantile marina are deeply inte,

etts4d in having the truth in this affair of the Somer...

I)" understood ; and in having justice done, no mutter

on whose head the blow may fall . An efficient nav y i

s thou liLt be no i

it of thl a " Rill) II ith , h,) true IIH~ ·

' I'hr la\\" lw rl1li it, it i. trw>, OIl he

1 of Its II I,.. n tltulo! I t is Ill ' sery, IOtli~ ­bl

ind 1 to , • tho III ral wulf.... n and 88 fIt ty . of all

• b ~ il 11 Sliily is its only plea. 18 mcore

lpabl anti oU;' lIsh'e, when compa red with the

1111 h punishment eujoyed by every other

I citizens .

It' neces ary to, name other anomalous powers

. biah are \ ", tod in na val officers, as they will occur to

t reeder on a moment's reflect ion.

If there be. therefo re, any j ust ground for the disfavor

a loded t .... a true upril de corpe; to say noth ing of justice,

W Jld lead the orficers to use their extraordinary powers

with the lttmosl prudence. T he most sea rc hing sc rutiny

~ bould be exercised by a court- martial, when cha rges,

l'b those preferred against the commander of the Somers,

are brought before it. It i I a sound max im tha t, " where

much is gin · n, much will be requ ired ." The public

BMe a right to require that there be no attempt to g loss

the abuse of power. It is a mischievous policy to

an officer from the loss of his com missio n, because

is an officer. True discipline can not be thu s perpetu.

nor can the honor a nd integr ity of the naval service.

The merchant service, also, has an interest in this

rna er. Tho- navy cannot be de mora lized without an evil

influence upon the sailors of the mercantile marine.

i\ fe. n. of. wa rs. mpn Irequcmly enter the merchant se rvice,

and if they do 90 with jcalcu y, and a se nse of injustice

rankling in their bosoms. t he vii I aven will work. It is

a d id rat um in sea mau ere, 10 elevate the character of

common !! ailor!!. It will he in vain 10 improve upon III

model of our merchant Ahips, 10 mak e th eir officers rna

edv enturcue awl more accomplished, if there be not II.

hich th pol/ he C lIHI muatiou is im(> N. ati ,' l¥

T hou h- tbe prim ipal pcrl'c! tQrof em hu

saftlly pa: js tho ortll'nl of a court. martial- Io the

d r- ef all who ha' r ad thr: testill1ony; the blood of! t e

slain ri('~ from nul tht; deep, and soon r or la ter will e

rd, no mall sr , hat all mpts may be made to stifle i

The public is not satisfied that such a precedent shou d

S$ un buk . Life is too valuable to be taken as it

on board the Somers. and to let those , vho took it,

ntin occupy posts of honor and profit in the service

of tn le .

The true bearings of this affair are beginning to be

und rstood, especially in the country; and there will be

but little sympathy for that branch of the nation's defense,

if such atrocious conduct as that ofCommander Mackenzie

and his associates is held to be honorable, just, and lawful.

With these remarks. we proceed to a brief historv of

that remarkable cruise. .

\ '

'.! Oth of August, a few days before the sail mg

of mers from. T ew., York , ~ I id sh ipman Philip S pen­cer

JOined her, in pursuance of orders from the Navy De­partment.

He hat! received these orders in the ordinary

course of such matters, without solicit ation on his own

pan, or that of his friends .

. lmost immediately after Mr. Spencer joined the Scm­ers.

probably a day or two at the farthest, a few facts

occurred. which present the comma nder in the most uuen­viable

ligh t; indeed, a disgraceful one to a man who, by

his own report to the Secretary of the Navy, is so exces­sively

evangelical in his notions. It is, a lso, the first

d velopment of that prejudice which met the young offi,

eer almost as soon as he crossed the ga ngway of the brig

to in her, and which fullowed him till he crossed it again

w- th the fatal whip around his neck.

The commander's version of the matte r is as follows:

" Whrn he (\ lr. S) .... port.. d hirn- elf 10 me f" r J Ul y Ilt New- York,

about u..: 2f. Ith of AUilJJlI, I at ern- e ~ Qy('- I. im Illy hand and welcomed

hUn board th" g..-",,~", I IJI1t""' llWlIlly heard, tha t he hnd quite

been dmn_ rl willr , tisgm... · fWIIl Ill" Hrnzilinn squndron, Rlhl

",.,. U<* I u I r druuk" ml"''' nnd 1Il'llnd lllnll~ conduc t. Tili

f m ., ry ,! rflllll fur hI' n- movnl from tl ll l vl'II6o.: I, chi,. fly vn

a ru nf d, g )' l. ITIna: fl" II whn wen- Iu llWMS wieh nnd 00 nMilldafe, 1

with hw - tho roth r IIHit Iwo nl' ItWIn \\ (' t(: "/ llln" ct... 0.1 with III hy

blood, and IWOby aJhanr" , and tlHJ four intrusted 10my CtJVeclal care ,

1\ gN''''' ­in

his \ 1

uerently 11111 I II to pn.' XW Ii upo n

11111' 18. lIder ,*, in~ very rongly pre- judi

hi _ it III; in tho nature or thing fwcossarily to

, that th f(' Cling spread thence to the family

pact. Beyond all que' ion, tIle junior officers .... re

ceuiieeed aeainst anv intimacy with him; the results

\ hich would be a ~ ldness er manner toward him . To

a vouth of keen, indeed morbid sell ibilitv, like that

.... hich it i~ known Mr. Spencer possessed, th i~ would be

exceedingly repulsive, and will naturally and s ufficiently

account for his intimacy with some of the cre w, as is al,

leged was the case. A youth of nineteen yea rs of agf",

especially on shipboard, must have some one with whom

he can exchange a word of pleasant ry and friendsh ip,

now and then. Great stress is laid by the commander

on ) Ir. Spencer's alleged intimacy with Cromwell a nd

others. The circumstances now alluded to, will place

that matler ill its proper light.

The I'oyage OUI, was one of constantly oppo. sing winds.

The crew was composed mainly of boys, who, we have

reaaon to presume, were more or less home- sick and spa.

eick ; and many of them suffering the peculiar prlva­tiooB

and trials of 8 green- band, on his first voyage.

The outward paMage wa.. marked I. y some featu res ,

at wbl h it is necessary to £:: 18n(:('. There WaJO, in the

lira pI a very remarkable amount of floggi" g n

board. Th", eat end the colt were in constant use a mon"

. a k home. slck, crew of hOy:: l. T here we , Io

.,. I.. a iI terruiuation to try wllllt tho lash would

do, in tJ'i .... di ciplino . ~ fi C•• h' , l lIak ihg too, QDth e

part or thfll m a nder, see ms t. o 1 1I~ Yf! be II unother morAl

m rum nlahlv.

I ~.. of IllUbnrdii\ l tiOIl tJfthe er ..... f'lr t..... o or thre•

.. I~ tI&. met of Mr. 8pt' 1l '!

" I'WQ " d. li r

Q ill whet Ihm cbause in the lIob « dinat lon of the C I'l'! W ..- III 1101 Itll!' nding IQ dut)'. ntreleM in obeying ortlll. fII ; an

orJet woaJ. d hall!' 10 be ~ ed t 0 or three timl' 8-

Q \ V.. lhe rnlnlll'r of the erew toward the offil." 1!' 1' S disrespectful. or

OUleI"'...... during th.. period last inquired of f

A In IIOme eesee il ..... as not ~ ctful It aU 10 the office", j eome

of the c~ w were ; the smalle r portio n were.

Mid,; hipman Hays thus testi fied:

Q. On one occasion after the Somers lefl the coast of Africa, and

fell in. during squally weather. with a \"('_ 1 having the appearance of

a cruise r. and the Somers was cleared for action, did you nonce any­thing

particular in the conduct of Crom well 1

A. Yes, eir, his manner Jron8id,.,. ed mutinons ; he said there was

II d- d eight of humbug about nething ; he enid he had bee n abo ard of

a \ · ~ l ..' here Mot had been fired. and not balf llU much noise about

it; this was at qUllrkr. o.

~ I i ds h i pm an Rogers testi fied that Cromwell, on one oc­casion.

in a fit of passion, occasioned by the awkward

working of the jib, said, " Damn t~ jib and lacing, and

, Ire dilmn~ d fool that imented it." It was also proved that

CoII1mander . Ua( k~ n= ir, was the incmtar of this new fash.

loned lecine, and tha t Cromwell knew this at the time.

Rogers furthe r testifies, tha t Lieutenant Gan se voort knew

or. hillimproper, nay, flagrant remark, and that he simp

' I reprimanded " Cromwell.

. Now here is a ~ a! le , in which the most inexcusable neg.

ligence was manifest on the part f till>' first lioutenenr,

~ n stead of makin g it the subjec t of. discipline, of reporting

It to the cormnauder as a grave 0 ence, as it really was ;

II mauaer at :\ ladd", JO aeUinc in .. val: cr and pr........

en and disreapectful ; tl re were no officer- on boenI

\\ \ lr Spencer, alia ftIytlelf; he- "' led about .. -- p.~

au v, and, I think, Mid it WBIl' Jaml! e.., j It1" rd -. F "

iv him nn order, instead of en twa I D he had done ;~ 3=['

he merely repeated it in a djsr~ spectful mllJln~ r, llhowing no

to.- e it . eeuted. At anoth er nme, while at Ilea, they ....

n the Jib; the lacing jammed on the eray ; he said, .. God

J h nnd lacing, and the damned fool that invented it ~ he kn

tiimud.. r was the inventor of it, because 1 told him so bef r

r . < 1 him severely at till.' time , lind 110 was disrespectful and

I n Railing--' fnster Perry \\' D8 on the forecastle at, the n

ne , the morning after -' Jr. Spencer was confined I I

11l' if he had been aloft I" examine the rigging, as he \ II

J ~ wbenever he hod the morning watch; his maWl

.11M peetful, 50 much IlO 3lI to be noticed by K '''; C''''-. t to me aflerward; I think 1 swore at bim

al rt and report to me: he did not ttport to

1Jy wlth a. ~::; uu I r. Hkc It uct f the I

01 r- ly appear) \\ 0 ubjcln hie OW"

G rnIng th manner of Crouiwull :

us, lan~\ rt'. 0\\ n m 1111 in tile ( 01.

n · e oonfo ' I ur inability to 90Ive tile mystery that at.

taoh to this matter of the discipline , If the evil did

ext the extent the testimony asks U9 to believe, then

was there a demoralization on the part of the officers,

hich k; utterly disgraceful to them. With the lash

never idle toward the younger portion of the crew, the

man Cromwell ( as they say.) was suffered to " damn the

captain" in full hearing of those employed on the fore.

castle, and no notice taken of it, save u " reprimand," ( as

Midshipman Rogers has it.) Not a ~\' orJ of all this

reaches the commander !

If all this be true, it places the government of the bri~

and the vigilance of the commander in a disgraceful light ,

It a lso accounts, in the most satisfactory manner, for the

unmanly fear s of the commander and his associates, when

the cri sis arrived. If there was no more manliness in

their composition than to permit such outrageous conduct,

we should not look for manly courage and manly cool.

ness in more tr) · jng circumstances,

We a re not, however, among the believers in this ex,

tremely mutinous condition of the crew, at any period .

We have no doubt the discipline < l fell off," as might

naturally btl expected, where the cat and the colt were

at oonatantly at their irritating work among a c rew of

homc.. ck, ace- sic k boys, tHI was tile C8j1; e in the carlv

part of the \' oyogc; and where men W(' fC a llo wed to curse

the Cf. lmlllandcr, But the extOllt to which thi~ Illuti nous

J _ dxl' 1lI" ( Iboo III11, W: lGfl of LI~ lIIudny) " to the Csm-

___ r imllHlllllar"' v ~ look Ulery coolly,. 1< 1 fM .,.. d ilia.;', / I

....... 1~. and rxpr...- ed h. Joublll .~ to the truth of the

•

e li I'TER III.

Tu.-' 1 rs sailed from .\ friea 0 11 the 11th of :\ 0­mber.

The course Icr St. Thomas lay directly th rough

the tropical latitudes, where warm and plea. nt weather

is al 8) ~ found, no ruarter at what season of the year.

Over this route the northeast trade. wind prevails ; a

fair wind for her all the way to St . Thomas. There

W8'. in consequence, no extraordinary stress of weather

to be apprehended on her passage thither; no extremity

of suffering and danger growing out of eny possible cold .

ness of weather. With the exception of a few passing

squall.._ of Yery inconsiderable force, the pas. · ;;. age was

made ",.. ith royals and skysails set, and studdlng. sails elcw

and aloft. These considerations are adverted to, as a

cursory glance at the date of the principal occurrences

_ . ' ve her and December- might lead the landsman

to suppoee that, in adJition to the other difficulties of thei r

posiu . the officers were suflcri ng those of a winte r' s

passaoe. The fact is, the vessel's course was through

the most charming latitudes of the Atlantic.

In a Idirlcu to the absence of'uuy pa rticula r dangers of

the leU, it WM a time of peacl'. There was not the reo

motett chance of meeting 11. h ()~ ti l l' vessel. No ccntin.

g Dey or thi kiwi hud lu lin gUilt/ I!'.! aga inst. lutornnl

dan Tf wpm Iho only on'S tu be fourcd.

T bus fi, llfJ" i ng I b ~ Rumer!, as she IHI1' S\ led bcr way

before the gentle though s ufficien t trad e~ willdl we come

to the niug or.

:..; unv ntE 20m OP ovo:•••

" On & turdar, the 26th of November, Lie 7~':~:~ 5i

~ me moo the cabin, and informed me, ( sa" tbe c

cotl8plracy existed on boo'" of we brig 10 capture

Clonnnander, the office aml most of the crew. and con

pIrate; and that Actin -' tldshipman Phillp Speneer ~.''''! i''

ct He stated thot :\ Ir. II. 1\ 1. Heiskill, the p rser,

him that :\ lr. J. w. Wnl 3, his steward, h d ...........

! 1Y'l.: rIIe on the r Joint dury, and reveejed to

baina: comm n cered to he commander,

Nothin. g unn LIllI ha I occurred Oil hoard ( J{'

th~ Ol; Piriod, far a tIll commander knew; or

any t stim uy show , \ I ith th I ~ UII of

Ious st ry ut the discipline; \ I I carn

own face signal marks of uncertain

rt_ oy tTtry

n h.~ 141 II J h.~ Wlli U J ;

pAM \ 11II11111II \ Ifl ," 11111,1.:. bllli oil r II )'

, to dj~ I'uII: uf lj, ell!. flIr ~ IM Jl(':. r o*"

I plnn of lUI pruJect ill tl. · I, n" k d hI,

\\ 10 ;\ lr, \ ~ · . I ,. 1/ 1 el, miu\ Il; efser

.......~"'.. tcrnhk IbruLi Oil tho 1' 6rt :\ Ir.• • OOJl~' r,

-..... \ ks, from hUllllrlfor his aeo.. omplie » >," Id

....... word o{ wh! it ra- d.

_ dw pIIr, on of the inionllllion laid before me by Lieu ·

(._ ftIOrt. and ahhouKb be wu evidently imp~ with the

Neli of ttJt, pro~ cl. r~ I, u .. emed 10 rue 10 monstrous, eo imprcbeble,

..... J uk! ! Lut Ivrbear treaung it with rklicule. I WOH under the im­pl'ftl!

llon th l " Jr. Spencer hnd lwen reading eome piratical stones, e nd

bad anllmed hinl8l'li with " IT. Wall'S. Snll I felt That IhiB was jokina

011 .. Improper theme, and determined 10 notice it hereafter. 1 alllo

CGIIIidered ! hat dUI)' required me to be on my guard, leAt there sbould

•• & dow of realiry in thi8 projeci j and I directed lbe fiB! lieuten,

_ Io... ad " Ir. Speocer narrowly, ", ilOOut seeming to do HI. In

~ 0DQT! Ie of the day, Lieutenant GatlllC\' oort informed me that ~ fr.

speeee- had been in the wardroom, examining a chart of the ' Vest

I He bed asked the passed asalsmnt- surgeon ecme qees tlons

aiIoul lhe J::! W of Pines; and the latter had infonncd him thai it was

a place mueh frequented by pirates, and (/ ryly ad · td hi'fI if M / « , 1( 1

• ., IIC1JWJUNflrl~ CI that . 1ft I} fUll/ td tnt My ratltt'r . ull"' Ily, in one

e- rwr #/ , .,,.,..,. agt, fl. Uln. hill CfUtm", engaged in examining &

JIIIIce til paper. and wrikng on it with his pencil; and occaeicn,

...... lion in working with m. penknife at lhe lail of a

..,;; 1......,... of the Joints of which he had fonned into a eliding ring

r. .. era"' a!. Lieutenant GllfI8e\' oon alea made an excuse of duty

10 101Io.... him to the foretop, where he found him engaged in havi ng

lOme lo.,. e- d · vicr: s rauooed on hia ann hy Benjnmin F. Green , cr di,

nary IClffillfl and epprennce j Lieutcnnm ( lllllS/' voort also lenmed rbet

be a. J been endeavoring, far "" me li, lY., I" nseertain rhe roll' ;; r" tho

chnDolnewr, by Ipplying 10 !\! iJllhipmln 1: 010: 18, tu whom it Willi un,

1tMwn; aDd ' II" fIO tdC~ d hun 10 the lIlut T. He hod been eecn In

. ad DiPsJy « HJ& rmetli WIth oo. awam'lI mate, ~. l: romw II,

.., ..... Ebab.:: imaU. [ aila beard. thaI he h•• I. ai' n money lo

IftIIIaI ci erc,,"; 10 g .. Small, on the l: lth :; q,~, thc ds y

~ depllr1llle from Nevr · York, the Ill' , Ia)' nn W ieh, in r ply

In C mnedor J'. rry'. 1l: UIlWoli" r! S t" rtf, mlql i" ll,! m hud mad tllil

n\•• IO! tIlU I ( lTmIT of Duwrulwcnl ; to ~ IUlI llOI ' IIlW II, ( III the

ra : t

\ IUl'IO

lUI t__ nd my

",.. rdroom * WIInJ, ca

n m whjeh h. I r Spt

........ ly UlllJl drunk when rerun

had •., atlrmmslereJ to eeveral 01 the

ill Imb" l of alflulIing the crew by makin \:~::~:

J th fecul y of throwing h~ JIlW out of JO n ud by C

the Dones. playing with accuracy and elegance a varie y

vile in hi~ intercourse with me, when among the crew be

with blasphemous vituperations, and proclaimed thai It

p a. mg III k to roll me off the roundhouse, overboard. H

II before drawn 11 brig with It black Ilag, llnd asked on ,* itIo. li

n ' Il what he thought of it j he hnd repeatedly assert

r y par t of the cruise, that the brig might easily be rakea

1 ec 1l11y examined the hand of :\ Iidshipmllll Rogers,

a I r Tf · die ted for him a spe( · dy and \' iolent death'

11, pllrporlin" to lmvc hcen t1i~ lcsed

\ 111 I' bat ' 1NIt deem I a J kl by the

I Fu rth ir re ll . cuon it assumed a tno re

''''''',~ f \\ shal l bv. and- bv sec.

B I t us an e lyzo ' th e extracts al ready

ma

• I ...,. ell thl' Jay," .)'" the eemmender, I.! abo v,.," Lieu-waa

r..,*~ mlornll.. J me that he (:-' pf'IlCt' r) ha d been in the

..- nkoom ~. nminin, II. cbart " f the WNt Indies, lie had asked the

-... u. nt- 4Url _ I! IOm6 questjon aboltt the lsle of Pines, and

I r had lnf... rmed him that it was a place much frequen ted by

tes ; lIIId dryly .. Ltd lim if At h4d an, aC'luainltJnulJ tlU'f" t."

I ' Ii" Il be remembered that Lieutenant Gansevoort had

directed, by the commander, to " watch Mr , Spencer

JttJI'nwcly ,£ itMut 8uming to do $ 0." T his necessarily im­or

should have implied, in j ustice to the pa rt ies

s seected, ( and would have been so understood by a man

of ordinary ccnslderetion.) that the intell igence which ha d

been communicated by Wales should have bee n kept

within exceedingly smalllimits~ ra few hou rs, at le ast j

and until some corroborating facts should be discovered.

h wee 100 delicate a subject, too dre adful , indeed, to

broach at once among the inferior officers, and thus to

make common talk of it in the wardroom and steerage.

The fir t information the comma nde r received of the

matter was about ten o'cloc k, A. x ., of this 26th day of

November j and, in thr course rf the same (}( I!) the assistant,

surgeon was " dryly" catechizing Mr. Spence r. Now

what does this prove? It proveRthat the lieutenant had,

with indecent haste, made known 11i ~ euspiciona to R ve ry

inferi or officer, to wit, au alffli"! lI11t. Rll r~{ Jo n ; an d if to him,

proba bly to miters. Allll this, too, ill tho face of a ! lece".

Ha rd y impl ie I injunotlon of NCC rpcy.

Thi fact is of Im portan cc : fOt we shal l find, ill I e

2 ms rI\ U I~ E 01' THE . sOMERS.

c ur of the history of thi.. tra ction, that u

head or lis otlioious lieutenant, in common wf h

tho commander, the blood of the executed

also of importance, as it shows the carry ing

spirit of suspicion end prejudice which met " ' r. ~.;, o. t · 1

Oil his joining th... Somers at ~ [ ow- York .

T he course of Lieutenant Gansevoort ShOUld: ih~'~!~:!

to allay suspicion rather than create it. But 1

not do. His own version and opinion of the a

ject, was sent among the inferior officers; and, J

fore the sun went down, it became the subject of

jtlking among some of them.

In it - el f alone, this would not be of sufficient

lh dwelt upon; but it is important, as iilh..."

lund ring rashness of the lieutenant,

adth which any tale against .. lIr. SptmC4f'

s.

he 1)( 1. d Ihl} day " rather

\\ , II tl~ 8c1 wWlO... I... · '

~ I; uld I i n! 1I ~

.." n"",~. r C\ ill ntlv elfers ill corrol. orll.

IU us of Mr. Hpcnc(' r. Allowing tho

bee n e, facl, bu whi ch may \\' 611 be

... 11 . the inftm nalion cllncumillg it mu

ehed I h~ commande r at colld. hand, ( proba bly

~ h the prejudiced lieutenau t.} it was the very natu­7&

1 ceesequence of the suspicion a nd jl'i11011Sy wi th wh ich

Mr. Spencer bad been treated by his brother officers .

The fcrtber alle~ ation. " as seas hi6 rustom," sufficiently

ves that it is idle for the cl. lrnmander to urge it as cor.

roboraliu! of any new dangers.

The sian- that ,. Lieutenant Gansevoort also learned

that he P. l~. S.) had been endeavoring for sow: days to

,. esc rtain the rate of the ehro nemeter," amoun ts to no,

t " ng more than rhat it was for the purpose of deciding a

1, which :\ fr. Spencer had made with one of his mess­mat

s as to the time of the vessel's arrival at SI. Thomas.

T . frawing a brig with a blac k nag, and the fortune­t

D~. were fully ex plai ned at the court- ma rtial, and

are worthy of no consideration here.

A I these corroborating cl rcumsta nces were st eps in

the reasoning which led the comma nde r to a rrest ;\ Ir.

Speno r; and this arrest took place at evening quarters

of this :.! IJth day of Ncvembor. Now it should be remcm­bered,

that it " a" te ll o'c lock of tho same day when the

mender firs t twa rd of llJ'l allf'g" f'd con spiracy. It

ould alJlfJ be rf'lIlI mbe red , tlllll up I f) th is time he WM

pro' undly ignorant of allY falling- ofr of the discipline of

the v I, an d ignorant of llw ! ll' rl n llSl charges he CUlt.

mcratee against Mr. Spencer. lt lIIU3l follow, therefore,

~

m' 1ItItJ. I'll"".

C fl.\ P T E II IV.

\\ : 8 QOlY com 10 the ar rest, on the evening of the 26th

l'i..... eber. We give it in the la nguage or Commander

f eeeeeie's otOoial report .

t ~ quart~ rs I ordered, lhrougb my clerk , O. H. Perry,

&: rbe dUly & leo of midshipmen and aid, all the offict' rI 10 lay olf

he quaMer · J « k, excepting the midshipmen atat icned on the fore­e.

The mast.. r Will' ordered 10 la ke the wheel , nnd those of the

51alj<> ned aba/ 1 Sl'nt to the lOainmas t ; I approached :\ 1r. Spencer

d. iIi to him, • I learn. :' 1[,. Spencer, that you uspire to the com-lid

ollbe Somers!' "" ilh a deferential, but unmoved and gently

expression, he replied, • Db, no, BiT.' • Did j- on not tell ) Ofr.

m .• T. that you baJ • project 10 k. iIl the commander, the offic... I1I,

• ~ e ponioo of the crew of thia v_ I, and convert her

• parl~ ' r • I mIIf havt' lold him 80, sir. but it Wg in joke.'

• Mail, men, fhal you Ioid him _ r • Y" . li r j bul in joke: I :......._ lti: i joIi. ill( on I forbidden SIIbjeet- this joke may cost you

r 1ifL Be pleased to remove your neck handkerchief.' II was reo

d Ind opened. but nothing wee found in ie. I lI ~ keJ him what

had done with fhe pnper containing an account of hie project,

he IHld told :\- Jr. WlIletlwas in the hnck of his neck hnndker .

, It ill a paper eentaining my dly'e work , and I have destroyed

• It til I . D'tular pleoe to keep dll)' ll' wor k in.' • II ie • COli" •

aae: r ~ pljed, Wilh In . ir of def.. renee and bll ndm · lIIIl. I said

.. Y0tI rouE have been lwafe thll yoo could only hllTe com,

y_ ~ by ~ na: O\' Uf my dead bOOy, . n, l. ftt'f thai,

oJ. O tbe oflirt'l" II; fOlI h. d I" VO" n your8elf, IIlr• • ~ Il d I

11 will be ~ " r me 10 ronfine you. l ir.' l turned to

"'.._ <:'- 1' OOf1 lind . Id, ' Arr l! llt .\ fr. SVCncu, I n, 1 flU l him in

iff-' Mr Gnluoon MCpped fvrwlrd lind I<... k h! J sYI'/) rd

Wit! orderW to ti t down on the I I(;. lTI JX1I! f. dOllhle · imn.. d, and, II

Idd ilion nl aecun ly, handcuffed. I directed Lit ulCOQ nl Gllnae.

R 01" TlI

T he lone of exaggN8tion and lombeet w eh

teri zcs this narration, is illustrative of that dra I

on the part of the commander, which no doubt

the sec ret springs that led him to take the COO

in the awful tragedy .

T he arrest having been made, the person of

eer was searched, to find the II written plan

ject," which Wales had said was concealed lfI

of his cravat. Nothing of the kind was found

however. On searching Mr. Spencer's priva e

razor- case was found, which contained a

r; rolled in another. " On the inner one' es

N , which proved to be Greek, with ,"_ r-er

was familiar."

rc is a notable discrepancy in the te

nan { i an SCH) Ort and the report of the

1 tim and manner securing this. PI:

~~ i: lI~ o~ n~ o~ tic6 the enormous bud et f

v. 1 c, we will not mp

s.

' VooTI 10 walch ¢~" r IlifI Ily, 80U to onl~ r I to '''''::':::

death if he "" III d tu · aM . I~ ak. in£ to, or holding HI.!

war , with a ny of tile crew.'

28

D. McKrl'tLU".

UWALI:: i: 5 · D

P . Sn;~ C E II. ,

E. A YDIUWS,

mand a car ful ( l amination, for it

a r in ttt. tl, f nee of the oomma nder,

ad Itas been 1..< 1 cry much of a bu, 1 ar before the

- puhhc. I f - e eumino it cercfull jv, we shall not find it

' _ "' . ;.' ~ reat atfllir, after all that has been said.

II this Gr k pape r were found tho names of a num,

r of pt'rsons on board the Somers, classed under three

ead._ the •. Certain ;" the " Doubtful j" the" Nolens

' olens :" or those who were" 10 be kept, willing or un. .

", · i ll i ll ~ .' ,

Them were four under the head of " Certain, "

nsonely :

And ten unde r that of U Doubtful," to wit .

w~,

) f Xu:.

\" a. u: a,

G""""

G EDU Y,

V j,.' 1 V ELSOB.

SCLUTj,.' I",

G ( lDFlU: Y.

GA. LL1A,

IIOWJ... ItD.

~ the ,. nolens volens" men obviously formed no

poruon of the conspiracy, if conspi rac y there was, no

man in his sober senses would have troubled himself

about them.

weere thu brought flown to the ( our " certa in," and the

n « doubtful." I f the Greek parer wu worth anything

a • ma rer of ,.,' irfl'nN · , it should have been a UIll d that

it d tbe " hole exten t of the COil piracy. It would have

teen the tlatural course for the mas ter Iolpir il lt1 put down ell

1' h II"! rill n " narnea ; and among lit 1i3t of " doubtful,"

all thoM of hom he had the IIlilo( htllil hope tha t th t\ Y

THE CRUISE Of' rue SO' IEIlS.

would join him. It is 1101 in tile nature of thillJ{ lI to IRIP.

pose that he would make tim document Ie impo i n~ thao

facts woul d wa rrant ; when, accord ing to \ V all ~ ' t Jry, .

was used to induce him ( Wtdl' 8,) to join the conspiracy

Common sense should teach allY man, that Mr.. ' P( ocer

had the strongest motives, at this stage of the Lu II~

( on the supposi tion of a conspiracy ,) to make the most OIl

paper of his allies.

Now, who are the four called " certain 1" The paper

says: P. Spencer j E. Andrews ; D. ~ lcK inl ey; and

(): 7 WALES. .. t;: O

It is a matter of proof, which the commander will

admit, tha t there was no pe rson on board of the name of

E. Andrews. This disposes of him, an d leaves but tllru

in thi s feebl e band of .. certain."

We now come to two questio ns of the utmost impor.

ce ; questions, which demand with earnest voice a

tisfactory solution. They cannot be evaded, nor ex.

' ned away by legal sophistry, where the tribunal'

mmon sense, common humanity , and common justice.

e first question is this : Where, on this all import..

nt, is the name of SA ~ t tl' £ L CRO) lW'ELL 1 TV.. ­!!!!

i IS there, but not even the initials ofCromw 1 •

thar, after the arrival of the mers in

Stat J lilie name " E. And r ws t · wa s pr.....~...

or Samuel Cromwell. But not th

Lbilit. y : ti!! t. upon which to mak

. a i k d ii i toniou f al l f

. t I

uf lui" III II \ Vul , Ill}

' I'll '! lTIa r bo good,

public am otllcially

11' 1" 10" 1' iii an UIl ·

111 h v us and " auk in

au I \ J in prncti c 10 ~ i \ e uc II instant, un ,

,," a crt'lChmee. as did the eonunundcr, II story from

~/ Il8 stood as nne of the " certain" three,

Too n ra especiall y, when the story Lore internal evi ­deo

of iucredibihy.

What proof was there, wha t proof is there, that ' Vales

.. a" IIot one of the guilty. if there were any guilty ~

Who can tell, but tltat w ale s helped to form and mature

the a Ie- getf project 1 Who knows but that the whole

.- as a madcap ., joke," ( as the commande r te lls us he at

lim supposed it to be.) and that '\' ales, getting alarmed

at its p ress, took the course he did to rid himself of its

eoesequences 1 .\ t all events, his name is foun"- conspic­IIOU

among the" certain," IChil~ Cromwelfs and Small's

crt twt to befoe nd, not nm Olll( JIIi{ tn ~ dOllhljul.'

One thing is beyond a ll question, namely, that if the

Greek paper is worth any thing ill the way of testimony,

it must be taken as B whole. There is no alternative .

It must stand or fall as a reno/ t. The commander had

no sbadow of right to tusum~ on the evidence of this fa.

mous Greek docume nt, that ' Vales was pe rfectly honest,

and that :' ol r. Spencer was a mutineer, when both names

were down upon it in the satue div ision of ,; certain."

The wickedness of this conduct of the commander's

is enhanc e.. d by the fact , that, in Il l) stage of tho pro.

ceediuJ's, from IllI" dlsclosurr- til l tile execution, were the

ec uu d a llowe d to eoufrout Wll] PII !

fl ow ea utiou , Ill' It , shuuld ha ve 11\'(' 11 the counuandor•

under euch circum rane es. Willi whut scrutiny should

he have examined the testimony 1)( Wales . l l c shou ld

' II A P, r · 1l

\ . weeue, in the natura l orde r- of the transacuon'l

cood of the six memorable clap which intervened

n the disclosure and the execution, 10 wit:

S U:-; O. H, THE 2 7TH OF N OVE:' dBER•

•\ ! l ( h i~ j..; a day of special importa nce in this tragedy,

we beg the reade r 10 follow its chai n of fact s with par.

ticular attention. ' Ve sha ll gi ve the fucts as they reach

us through Comman u. e r Macken zie's official n'port to the

Xevy Depa rtment ; a source which the commander, at

lea- r, will nor gai nsay.

T he brig du ring th is day was" going la rge ;" that is,

WI h the wind on the qu ar te r ; the most desi rable point

w nee it could blow. T he wind had been somewha t

f er in the earlier part of the day than it was in the

3fero : rendering it pruden t not to carry the skyseils

and royal tu ldin~- sails. These sails are what are called

• ft . kitce," and are used more fOl' ornament than for

any a1 peed they give a vessel. T hey ha ve a

rak jaunty look; and if a ve!' l~ l have plenty of lig ht

baad lake care of the m, they arc of no special disser.

Ucca tonally, they may be of some ~ l ight U~ in

eetch ng a light breath of \\ illli a lon , when there seems

00 be no a ir li r ri n~ below. It may he well 10 t(' 11 tho

landsma n, that skyeail s am the drdioato sails which arc

et on the fragile llJ aiiL! J the hlgbe t frmu the deck, those

ta rer 1' 11.... whence the pennan t is displayed . The mast

"

ky ail- run t t I. l

Til sail upon ( 11

n below II

d licat aila- ir.

the roy I.

~ tuddlug. sail ar those n I which are

USt}. They a[ used only I I ligh t wind .

outside of th principal ' 1, by means of

are shoved out from the yards . Their a. p""'.......,

unlike that of wings affixed to the ordi na ry

iible the landsman may call them to .. II1II

h have ever seen an)", by this simile .

form a force to which Seamen resort in light

' 0 are thus parti cular in this description, f

which will shortly appear.

~ t 10 o'clock of this day the crew were .

uarters. We will now use the comma r

i!;~:=~~ Tlia no I IIlI6CCc ":~:~~~ ~::::~~:: 1Ca. J II " • ...-< 1 I' 1rK. 1", 14.1 II} I ~ r". n, IIr",

"", t ' ''! I, ll ~, .. dJI" iIt~" II. II'''~ . d.

ry I" lft l til r I" lun", no a! rfIln on

br ......... .....,. rd • 1M ~ y or .. oJl .. ~ ralo. w.

a_ r ank " lllI lnIl-' Wlli \\ ., 0.1 I U ajp: Jy.

f lbe bell: a nd I1 Wet .. knl f ld of ou r 1l1' I'tr. Il11/; o: t. WII' Yflt on lh~

Illaw- rt> f1l1-) u, l, II r llI'ltllljj: Ih,' 1I1I1ill- lIky. il." ~ u, hle ll j. rk u( the

tbf. _ Ul- l'.., n!.... ot'. F I? II by ~ n~ lI •• oJ. an.. l hu, wboee II _ mil

I.. .. ....' l'ft'ed. ClIITI~ d tho loppJlant- ma! lll away in Iho: .....\" c. ­....

~ I[ lilr..- rd cbe royal- lIla. I, with ro)' al- toky... il, ro yel- erud­diDpail.

maiu . topl!: ftllllnl- lll11 rllllil, and the hend of the gnft- lo plllliJ.

Gap y w.~ on thE' royal- yard, I ecercely da red t o look Oil the boom ',

01' lD b .. tbocard gangway. wbere be fthou. ld ha ve f. lltn. F or t min­ute

, I Wall iII mU' 1lllr agony; in the neat, I A W tllo<' sha dow of the boy

Utl'\ lQgh tho! topgallam-! Illil, r is ing rapidly thro ugh th e lop ga llnll t- }' lIrd ,

_ hi h " uU remain.. d at the mast- head . Pr esently he rose 10 view. de­seeeded

on th .. afl .. l'lIIid<'" to the topm" rt- ca p, and began to examin e

W' 1 h ~, [ 0 Ill" e .... bat was fit!! 1 10 be done to el.. a r the w reck, I

& d DOt dream, , t the lime, Ihal the ulTJing away of this maet was

Ih.. work Qf rreechery ; but I kne w it W: l. 9 an occasion of th iHs or t, the

of a boy ol'f'rboard, or an accident to a spar, c~ a ' in" confusion,

merrupting the ~ gularily of duty, which .... as likely 10 be taken

ad ancage of by the coMpiralol"!!, were th.. y etill beru o n rhe prceecu­non

of their enrerpriee. T he ( Tea leet pains were therefore ta ken to

pre\ enl all ccnfueion : the firsl lieutenant look the deck i "'\' erylhing

« ; d with the wreck Wall lIl'nt'do.... n from alofr, the rigging un ·

lOY aud C' eel" doom, sails bent aftl'sh 10 lbe yard.'!, th.. spare topgal­malt

got 0111, and scraped, and aluell",< I, and t he tid. hole CUI, every

employed. and cvprything mede to go on with u ndeviatin g regu­To

my a8tonillbUlf'" nl, all rhcee who were IU06t collllpirunu. o: ol y I

III programme of :\ Ir. Spencer, no maner ill ... ho l part of tbe

might be . UtlioneJ, muarered al Ill<' mllin- top llll\ SI. hf'a ,1

her llnmUHptl I, y IIOn1l' new- horn 1." I'! in til!' scrv irc of th eir COllll -

Iected tlar ... (. r 1111 PU'lK*' of "/ lnlll, irill/!, it .... u 110t I:' uy 10

co nridrn~ COIlJirm<"< l the Pllllh n"" " I' • JllljerollS 10-

.- pendfil, 1" t p", hnpl / l01 . lmlidotlf', l. ' 1' 110 r .. of Ir.

I1CO'r lt1lv. U. · J ppr,~ l< lntly 10 rIm mDlt- h ,-, ut. nud e'l.! lt th idwr many

Ilnn, e 8nJ IP. hl> y glInt" which I had Il" ff lufl n- uolkoJ."

.... lemt: dea~, eup r w.. pi'''''' before 1IPnd t1JI t n '"

..... .- ppeor rbe _ nlf 11I' 1WNI 1ltllllC red ' p ill m.... J* 1II

s us . 37

~ l!",,~,.. mdr. as " 1ilut!: J and un,

lmen sai d, W8!' 1 fr he r

. '''''-' 1. rh,' qu ion of u dl'CrGll! Mt of

to It meu r ( If ( lpiui n. \ Vc have onc

,. n lnuu ediatelv nfl r di/ lller 10 make more

1 , h II til re was even more wind than be fore dinner.

\ ~ :' U Ida) dinu r, w ith it> l various ., downhauls, U

JIto W Id.. u) . i a wonderful timulam in the way of

' 1 carry'p . Iauy is the st udding- sail- boom and the

1 e I ant- mast tha t has ~ onc over the inc, from the good

c r of a Sunday J inner; end it will be SC(" n that, not­'"

ithst uding the commander .. held that the drinking of

brand) i.. more to be dreaded than the malaria," it found

" ay into the ward room, and was rather carelessly

us there. \ Vah' ing this, we may admit that the wind

had .:}' ghtly moderated .

It is r ight. indeed nec essary. to presume, that up to the

f le of the moderating of the wind , the vessel had carried

as much sail as she could with safety. This must be

2' ranted, as a matte r of course : for it was the command.

ers duty to see that such was the casc o The vessel was

n f on a lei" urf'ly c ruise, but was mal.: illg a passage; and

no ubt, !' lSi! was carried a... long as it could be. It is

i rtant that thl .. lie borne in mind .

.\ rlOlhcr important preliminary consideration, is this:

It was proved, by the testimony of Henry Kin!;! that the

rr val. mast hall 110 backst" ys . For the information of the

la~ t1 na n, it may he w,, 11 to say, that a mast without

bac k~ lay: t ill ve ry Insecure, aa compared with a mast that

bu them. TIJis inse cu rity i ~ ~ n'at ly cuhnnced. if, as

~ 810 the C8!' C " ill. tllf' Sonwrs' " aftror. ynrd;, the braces

lead ( un\ ard.

It is vp. ry rJ( · irablc tbnt thi s J( f'llf m l

be appreciated by the r uder, ll lj: it v- Ill

3J!

tle. ttl 10. I ~ ' IIr I hy OOC , one Qf

Ii i". II in th di Igra nl, IIInrk t"' t1 7. 0. 4 is th e

rna II - r>:') l. mast, \\ ht t'h , on IJollnl tho 30m l rs, hall 11( 1

bth r securlt v rhen mul! shrouds, the lower I lids of which

were fa<:' I~ II(: J near the place ma rked 11. No. {) is 11m

sm II and fre. ile sky- ail- mast, with lS rcel y nny secu rity.

Il \\ ill beseen by til diagram, that the lecketay is e

I important piece of rig~ illg", in its support to a mast.

It leads down 10 the deck in a direction best calculated 10

increase its efficiency. Il;! I usefulness call scarcely be

overrated. The most unpracticed eye will Instantly p~ r.

ceive the comparative insecu rity of masts withou t it.

lt should now be remembered that on all the masts, 8 5

high up as No. 4, sail was carried till afternoon. After

dinner the sail on No. {) was set, 10 wit : the skvsail. At

the same time, the royal studdtng. setl was set. that addi,

tional force to which we have alluded in another place.

Under the best of circumstances, these delicate masts

arc liable to be carried away..\ flaw of wind may ear.

ry them over the side ; the slightest defect in the ! lpars

themselves, or in their shrouds. or in the haulyurds, or

braces, or lifl'::, or perrel of their yards, may cause the

same accident. Nothing is more common than for light

spars to be carried away without any seemingly adequate

cause, The w riter of these pages has very recently seen

an illustration of this, while off Long Island, with a pilot

on board the shlp. She was stretching in- shore under easy

sail, with nothing set higher than topga lla nt- sail s. A

barque was within hail, bound in a lso, with royals set. A

boy was just going aloft to loose tho ma in- royal , on board

the ship, when the main. topcallant. mast broke short olf at

Ute sheave. hole. There was no increase of wind at tho

time; the ship was not 10 windward of her ursc, nor

could any cause for the accident be discove red. Tho

barque that was ncar the ship kept 011 he r way un de r th o

( 11 • III . ) hilt \ ill admit

nln". How \\ ick I, 1111 II,

hich i ur ' ell II,. tile com.

For th h r fof th ." l Y.\\ l · blll!' Jh turecurd

I n I utr r l. un t nnbll I'OSilllfil.

a r SO I othe r detail s of Ihis rrensectloo, as

rec- orde, 11 II) f eemmund r, to \ I hlch we will give n pas•

.. T . my ., oni hrnent ," he sa Y! l, " a ll those who were

p'I: U usly named in the programmei' of Mr.

~ r, no matter in what part of the vessel they miuht

ati N, mus ere! at the main- topmast head . whether

a a C'J by - orne new. born zea l in the se rvice of their

u urv, or collected there for the p" rpose of cOl/ spiring ,

i was not ea" y to decide ; the coinc idence corifirmed th~

e . t net of a dangl'TlJIU conspiracy, suspended, yet per,

h n t abandoned."

T~ rp. is the most culpable wic kedness in this precious

parazraph, to say nothing of its weakness.

W . at are thefiu" ts in the premises, as they were known

a" ( me by the commander; and which were d ragged

• I f rhe witnesses by piecemeal, before the court . marti al"

C mwell was one who went to the mas t- head at this

m m nt. Was his name in the programme 1 No. Be.

1 It acting boatswain of the brig, and from his off icial

poshi n, necessarily II good sailor, he sprang into the rig.

~ · n!! with alacrity, u a spirited ma n sho uld have done;

an · J went aloft to the place WhNC hung- the damaged

IIJl& . fl ad I,... flonn o! hl'rwisl' , there lII i ~ ht havr- benn

. me ~ ible ground for tlw conrman. l e r · ! I" uloll' icinn... In

such a lime as tlUIII, an ; 1111" 1 · ... ut mnn will h(' prompt to ell)

utm t. It was an !' lIJ ~ rg ... ll(: y wh ich required the

p rfJm l't~ action . E VI nin.':" wn; l drnwiuu Oil ; a IIf'W top­gallant

mil t, roya l- ma t, nnd skv ni l_ l! Iul wnre to he get

• \ .. on.. t f .... k PBI"" " h' hlu r", rlu,( 1' 1" '" a".

.,

if

Itl a

" ,," r k on II wr" ck

,.;..'''~ I ~_.. o1lih", torturing 1ICl natural a train or

ra till 10 LI ( Jom mnn I. r; and the

~ ng t fa d rogak'rr to rh ~ ood eeuse ( Of thoso who

( pon it r a mom nt. wbo ev rhcanJofmaking

a of the .. maill . top llllt_ h ed;" to ma ture a

oonspuacy ' Who could ecnceive of such an idea, but

lOOse obligrd 10 lind the way of escape Iroin a position

I that of mmander ::' Ila ck(, llz. ic ' H? Further than

th s., the accident of the !:' pnr could not ha ve been fore.

know n by Cromwell and Small; an d to suppose that

bet » en its bein~ carried away. and their going aloft,

tbej I ad ti nc 10 orig ina te the thought of th is s ing ula r

rendezvous. ami communicate it to thei r oo. co nsplrato rs, is

uuerly futi le. Between the moment of the disa ster to the

t" wallant mast, and that in which the men Legan to go

aloft. there was scarcely time to exc hange a word , if

thing'S were done in a seaman li ke manner on board the

mnrs,

During the progress of the work necessa ry to replace

the demeced spars, suppe r hour a rrived, an d the men

were ordered below to eat it . After suppe r, the men

.. ere ordered to the work again; an d, as the commander

ser' ly adds. " the same men mustered again at the

mast- bead :.. 8howin~ by this, as he infer red, furthe r co r.

roborati n of .. a dangerous conspiracy. suspended, yet

pe haps Mt abandoned!"

wh I etrenge fatuity is this, that co uld thus reason!

" that men would the commander ha ve had WJ aInn to

jitWh a work out those who hall '''' gUlI it I Or why di\ l

he I order them 10 dCllist frorn ~ ui lJg lip. if Ire deemed

it prudent Ihlll others sllrJu ld "; 0 in Ih, it 1" Illl l

T he telltl( ll' hou ld nul hav e Ill'!'! 1l rrcublcd with this

locfioua detail of the " mil t affair," hwl it not b '. J1 51')

II ' I ..

II; in l him. lI. ( j , lUI tll ~ \\' \; tround

api 1'. III i'I th mumcru (\ 1' tIlt urre t!

retuat k in til RCPQI1, " that Mr. Spencer's uye

IJ'O"" IJ. d rpf'luall )' to Ihe Ill. u. heud, ( llul'ins the pro.

fIll' \ urk of repairing dalllag ~.) and cast thither

ny Qf those Irlln~ c and « eahhy ;.\ lallccs \\ hich I had

.."", 0101"(' not iced," is too silly to spend a word upon.

\\ bat II re na tu ral ( i'T a man ill irons, 011 tke qllarter- rIt'C!.:,

11 to look alo f \ I hen su ch work Was going forward ~

I \\ uhl be an insult 10 the reader to argue this qu es­tion

furthe r. We the refore drop it•

•

,

notable

I ~~~~~ tin1JI IiI)' () rImI tnIlt111~ 1, trhedd, ayIhoatf Nlhoi".

The rm rtunc of tbi !'! 8llmL! t!> Ll'll ca nnot be

; Ii r it IS a new lilarliuR" INilit in this hLslory-

\ h n ta ke a new llupartu re, to use rho

' Jai~" I~ f th If the collHllllmJ r is 10 he ju stified

ha in the three prjsone rs without a t ria l, ( as was

al ~ tho ca ,) \\ 0 must ( inti some facts to that end

", bs<" Iuenl to this ~ " t h of Xoverubc r. If we do not find

u nt occurrences of sufficient magnitude, then is

tbe commander GUILT\" OF XOKDER, on his own officia l

testimony.

The official report of the commander, makes mention

r no other important fact during this day. He says he

.. stopped ' fro Spencer's tobacco," however, as he ccn sid,

eeed it a stimulant, and he wished him to tranquillize hi..

mind. and remain free from excite ment. " The day afte r

Mr . Spencer's tobacco was stopped':' he adds, " his spirits

gue way entirely. He remained the whole day with his

race buried in the grego; a nd when it was for a moment

raised, it was bathed in tears."

The story about ~ r r. Spencer's face being a ll day buried

in the grego, " bathed in tears," is unquestionably false ;

ror not a word of proof to that effect appeared before the

eourt. ma. rtial , Indeed, the contrary was proved. The

brutality of deprivi ng a n accused pe rson of tobacco, which

he W8! J in the daily habit of uslug, ca nnot be too strongly

reprobated. The yOlln~ officer was ke pt night a nd day

Of. deck, with no heltc r but tbn hea ven above, ironed

hands anI! fl" l" t; and under suc h Ci rcumstances, to be JP..

prived vf that little osthnulent," which the strongest.

n rved ma ll can l<"~ arCI Iy f, lrogo IIH~ usc of, if ho have

been habitua ted tf) it, i. pitiable ilHlef d. It is of a piece,

9

II d ubJlj

lU • a. nd an11lh, 1"

II tb earn uau Humors of 011 : Iorta

II' f" llll III nth 10 ruout h ; thn first lieurcnaut,

I nd(' f stl~ . had 1I('£, 0 " Sl'l/ 1Iding" th o jJlltly " 1.; 5;';,; rd to Ihu n- pim ~-\ ith what Iwud611C

• T. his pager I este to breech the su bject on

II tell , W. I the man marked " certain,"

... · , otru'ff f! around, n edy to .. NICk his pistol " when .

r hi" new- born importance sugg- ested; this man, a nd

man. and the other man, gu ilty or nol guilty. were

objects of suspic ion; speec h eflcr speech from tho

.; e commander, had fa llen UpOIl the ears of the won,

i! boys. " " hat wonder, then, that a crowded crew

d gel together in knots, and ta lk over suc h matters 1

rar ereater " onder would it be, had they slunk sil ent ly

su kily away to their hammocks, or marched in single

e around the decks. Men will ta lk, and should tal k,

dcr such intensely interesting circumsta nces . The

urse they took was pe rfectly natu ral , ami entire ly their

VI cc. To have done otherwise under the circum,

wou d have been unnatural, and would hav e

D the strongest evidence against them . That they

eeperated on the approach of an officer," is a180 natural;

everybody that knows a nything about good man ners

board ship, knows that these " knots" ought to suspend

( J versation in the prC:' lCnce of an office r . T he re asons

r this are too obvious to IH'PI! sug;.{~~ ti ng . We submit,

ref, te. whether any other cou rse would have been

Ioudent r p per ( or the crew, under any possible vtcw

cue.

' n1e rarunu mulllf( cnr/':" II) ~ hich the cornma n ler al ,

. ' "," L .. ad the .. •! J7" ptmnA to ' Irikl': '( 11m' hlme," were all 80

tanglble, that the comman de r does 1101 gi ve us any ciu

which we f': an examin- them .

: I

H ·

No I) CW fac t, has

traHqlll'l/ i'%&- d, til"

r as the evening

CHAPTER VII.

TilE RUISlI Til . ell .

el was pronounced, by the

LET us now notice the transactions on

"~ £ D:-;- E S DA Y , TUB 30tH OF !\' OVE. IBER:

T" nul.

nu'mbforinli Or ' II'. Il. In IIIIQT durin&: lh

nl rrbiAIW rm II l1d iro: n d Ius I. Al

" e tak,'. p the wh' I. and III wall enur y

Cowell. was also Ironed. Th lndlv luall

d the)' were taken ; lind", h n th Y weft! '";::;:.;::

hbera round the uery, follow d by the li_

made log ther II \' I;\ ty nneful in~ llJll of the c. nw

( lbo~ h known 10 be very guilty) were l- oMideff'd 1.0

gerolAl, W re called out and interrogated; CIU"!" was

awaken the suspicions of such 3. S from courage and en

Iy formidable , unless it were intended [ 0 erresr tbern.

IJ( lW amounted to eeven, fillmg up the quarter- deck....

very difficult 10 keep tbcm from communicating with each

fe g eollentiall)' wuh the manaaemenl of the vessel,"

Wlp

. lS nllll' t I bl tl) CJII f iv

\, ithiu th pr em of a

btl II II t rly i 11 raut

;,,,..... and human riHht, to II ld an jinGlue'lll

su h COil cqucnces, without ha inc tl e ace

face \\ ith the accusers. That th ' i did it r ' To-... a.,.

b pi a the) an urge. If not ign rant'v.,.

full. , which alternative they dare 7/ ot take.

In their attempt to escape from th position

ei r view \\ auld place them . they may

W not have been Baff' t bring the Be

room. But if it \\ ere safe to k p

- deck during the progr . f the

I I have been to keep th min r ':~~~:

They lay t U their Mbry to the t

it; I

thttr the ollie rs which c,~ n~:::=

all J ay from the d ck. eb

r ( l gr t app h nsions

' tIU.

t il

, I 11m rn th un y; t: J~':::~ '~~~:~~~~~~ § have n eemw II nnd ::: ifl

I do n' t thmk tl 1 is . t. h

m y d rale IlIn lUii), frorn y; tuH J' IuorJ 11

' - 1' 11 tbllt I tJwt ~ lUll) '~ J tk boy, ~

- J llU. nl.: thll" u., nllrttJm [ ri muonboartl

if they got 11 chance. I can't gtve all)' ( ptnum at!

ch anle. ter- I " IlVO eeen Crom ell Bt the ,. .......

now and then .

( Sworn )

' MlK 1Il'l I ltR • 76

man \ V al f'!' I, a!' l we h . ll.\' l'

been rcceiv d \ Ii ith g a t

Ii i nam wee on till r k.

f. u ~ t should have made h In

I" , MIl \\ I II llllli!, • I would nOI mImI

I. I oil,> rf l 1.11""'. 1 \\,. I\ ll. d I. l hf, r JO ........ 11Io.. U: )"<> II II.... e: U • InoaUt .

bert I to • I ' 1' hou! A '" e will be 111t. ed " ul.'

.' 11 & 1 .... lhat I dhl 11,, 1 CI. nlt' 011 t... ud till' ....... · 1 wll­Tlh

II Jl"' l : Il. t~, lln Wllk,' HI' , and D ~ ketl :\ t.: K . wh nl ltlO l W : l~

I' 1l. II tf1" 1". rrd ~ f"" llrd_ hr ~" id, ' I Wil li ti lkiug of •

,.,........ went I'mnl ' l. t. Thomae fined out m ",, « Ulllr m. n- of- wu alyle,

...... ttuft. Of lOur IIwniM•• nt! relurm- d, .,, 01 bed Illken Ilmle

hr -. ioll~ y ..,,"' fYgular l'iral. cl8 Ul • U1e.. ure. I -. ked him

beweald like 10 go in •• 11l" er; he ... id he would nol mind

_" b.. n \ H' gul I.., St. T homas he would run, if he got II chance

• e1tuer; I 1.., 101 hilI! I hnd ln- ard .., f elll\''' 19 being fitt ed OUI Ilt

Thomas. "( Sworn) " I'ETEa T l " SOl<',"

We now come to the testi mony of 1. ' V. " · . U ES. T he

p" "'. ', ance of his evidence has been given in the command.

r's T<' port, ( pul;" C 20 ,) a nd need not be repeated here.

This is the last witness that the cou ncil call ed. If we

ue not mistaken, no probable proof of the existence of a

serous conspiracy has been found in the stories of the

esses previously examined. Their surmises and opin,

lS are not worthy the name of evidence; for not an

· ... idual gin!!! any fact to co rroborate his suspicions,

y the council did not perceive the folly of re lyi ng on

testimony, is utterly inexplicable. The unmanly

r of the moment must have prevailed , stimulated by

e loog. cberisbod prej udices against Mr, Spencer, and h)'

n - r.. e; a' rneee of tile lieutenant to bring mailers to a cris is.

e a thu reduced to the single w itncss, """ u . s. I f

. t oi the accused WIl sh() wn at al l to the council ,

, I, / C7l by kim, This i~ the iron IlCC6S8it) of the

' f il E ORO"'"

« T wa6 offi cer in charge of t ll f prieonere t we were holyston

( leeks ; I nQ/ iced those men who hlld missed their muster, kf., pt

grl'li(" R ling round the stem of the luuneh, and kept talking in a

manner. I noticed them making signs to the prisoners h)'

I I Hnuda up to their chins; Crcm..... ell was lying on the sta

. he. rose up in his bed, I told him If I S3W any I

tw them, I should JlUI 111m to death- c- mv crd .. 11'/'

e ~ ay down on IllS bed. I then went I~ the

ilitdn hlld a number of Nnnll hC'l. r- ooc",,,,,.""'''

· ng I pull a gun- ben Ike frem

inten ius .. 11 d n'l know, J

~ C~:'- c! l to ( lr( J"".~',,,~

Iili

h

U to rich we now allud

man, \\ h had i ' 0 ret! a. d II rou ~~~~~~ nIh chos n d posito r of a •

w 1 evid lie , aImo I, su h tr m, e,<!<' uo

to 00 1 hIM. At no mom rn d he In

tha tm, solemn, awl manly part which tlte

on witne should have acted. I rom th ii....." ••

a n- 1 1 he appea rs before us th swagge. rin'

offensive purser's stewa rd ; intoxicated with a

his new- born importance. Let liS have his own

proof thereof"; given before the court- martial a

) . ark,

I

l

up •

ts Ii l

t land i and I •

) 0 cncn be afloat. Prov I ,

d unu b saf 1: 00 brou ht to trial.

I f th r be jllsl grounds to) believe that thi

d n ) t. h n the law of necessity steps in, and giv

inn c nt the double office of judge and executi n r.

the pre vision th us named, must be clearly show n.

not eno ugh that a council of inexperienced officers u

nsid - n tions of professional vanity, merely, again 1

u tub! civil righ t! Bcucr that our gallant ships

1 ij than that this mockery of justice be t

e rength of ou r nav y is gone, when a coun

the Somers, is permitted thus to tread

ruerican citizen under their feet. and

pon II tl

0' " O! I~'.

m1~~~::~:.:' 111J1

li au UI

pla d. 0.110\' iug th.. t tb

!' M''' 1d m I be. pr nt II an rI

III of peace, 10 di II U

t th Y nth und r hi charge h w to m

f } a cri sis of imminent hazard ;- 4nd one in ...

In' ht show forth a precedent for all coming tim . "'......

· . · . h ml ht be simila rly situated.

I among the features of this necessity- plea,

11 sitiotr oj tke Somers at the lime oftile execution.

Tile public mind has been leu astray, in some install

a' ' y not carefully considering the geographit!

n 0 he Somers on the day of the execution. T

been overrated vury materially, by the vag~

at the brig was far off upon the ocean­sibil

it)' of hope and of cady succor .

a pictured the lonely vessel, as da: r af

DUm rave had to work h " toilsome wa to

ith an o'rganiv. d ban f despera

w't her ollie 1 rin the

\ t

.. y ..... loado..,