Chapter CXXIII (4)

Leaving out every thing minor, and dependent upon the oaths of others, there are some things sworn to by Gansevoort himself which derogate from his chivalrous patriotism. _First_, going round to the officers who were to sit in council upon the three prisoners, and taking their agreement to execute the three on hand if more arrests were made. _Secondly_, encouraging and making those arrests on which the lives of the three depended. _Thirdly_, going out of the council to obtain from Spencer further proofs of his guilt--Spencer not knowing for what purpose he was thus interrogated. _Fourthly_, his calmness and self-possession were shown in the fire of his pistol while assisting to arrest Cromwell, and in that consternation inspired in him at the running towards where he was of a cluster of the apprentice boys, scampering on to avoid the boatswain's colt--a slender cord to whip them over the clothes, like a switch. Midshipman Rodgers had gone aft, or forward, as the case may be, to drive a parcel of these boys to their duty, taking the boatswain along to apply his colt to all the hindmost. Of course the boys scampered briskly to escape the colt. The lieutenant heard them coming--thought they were the mutineers--sung out, God! they are coming--levelled his revolver, and was only prevented from giving them the contents of the six barrels, had they not sung out "It is me--it is me;" for that is what the witnesses stated. But the richness of the scene can only be fully seen from the lieutenant's own account of it, which he gave before the court with evident self-satisfaction: "The commander and myself were standing on the larboard side of the quarter deck, at the after end of the trunk: we were in conversation: it was dark at the time. I heard an unusual noise--a rushing aft toward the quarter deck; I said to the commander, 'God! I believe they are coming.' I had one of Colt's pistols, which I immediately drew and cocked: the commander said his pistols were below. I jumped on the trunk, and ran forward to meet them. As I was going along I sung out to them not to come aft. I told them I would blow the first man's brains out who would put his foot on the quarter deck. I held my pistol pointed at the tallest man that I saw in the starboard gangway, and I think Mr. Rodgers sung out to me, that he was sending the men aft to the mast rope. I then told them they must have no such unusual movements on board the vessel: what they did, they must do in their usual manner: they knew the state of the vessel, and might get their brains blown out before they were aware of it. Some other short remarks, I do not recollect at this time what they were, and ordered them to come aft and man the mast rope: to move quietly." To finish this view of Mr. Gansevoort's self-possession, and the value of his "beliefs," it is only necessary to know that, besides letting off his pistol when Cromwell was arrested, he swore before the court that, "I had an idea that he (Cromwell) meant to take me overboard with him," when they shook hands under the gallows yard arm, and under that idea, "turned my arm to get clear of his grasp."

The two non-combatants, purser Heiskill and assistant surgeon Leecock, come in for high applause, although for the low business of watching the crew and guarding the prisoners. The report thus brings them forward:

"Where all, without exception, have behaved admirably, it might
seem invidious to particularize: yet I cannot refrain calling
your attention to the noble conduct of purser H. W. Heiskill,
and passed assistant surgeon Leecock, for the services which
they so freely yielded beyond the sphere of their immediate
duties."

The only specification of this noble conduct, and of these services beyond their proper sphere, which is given in the report, is contained in this sentence:

"Both he and Mr. Heiskill cheerfully obeyed my orders to go
perpetually armed, to keep a regular watch, to guard the
prisoners: the worst weather could not drive them from their
posts, or draw from their lips a murmur."

To these specifications of noble conduct, and extra service, might have been added those of eaves-dropping and delation--capacity to find the same symptoms of guilt in opposite words and acts--sitting in council to judge three men whom they had agreed with Gansevoort two days before to hang if necessary to make more arrests, and which arrests, four in number, were made with their concurrence and full approbation. Finally, he might have told that this Heiskill was a link in the chain of the revelation of the mutinous and piratical plot. He was the purser of whom Wales was the steward, and to whom Wales revealed the plot--he then revealing to Gansevoort--and Gansevoort to Mackenzie. It was, then, through his subordinate (and who was then stealing his liquor) and himself that the plot was detected.

A general presentation of government thanks to all the officers, is next requested by the lieutenant:

"I respectfully request that the thanks of the Navy Department
may be presented to all the officers of the Somers, for their
exertions in the critical situation in which she has been
placed. It is true they have but performed their duty, but they
have performed it with fidelity and zeal."

The purser's steward, Wales, is then specially and encomiastically presented, and a specific high reward solicited for him:

"I respectfully submit, that Mr. J. W. Wales, by his coolness,
his presence of mind, and his fidelity, has rendered to the
American navy a memorable service. I had a trifling difficulty
with him, not discreditable to his character, on the previous
cruise to Porto Rico--on that account he was sought out, and
tampered with. But he was honest, patriotic, humane; he resisted
temptation, was faithful to his flag, and was instrumental
in saving it from dishonor. A pursership in the navy, or a
handsome pecuniary reward, would after all be an inconsiderable
recompense, compared with the magnitude of his services."

Of this individual the commander had previously reported a contrivance to make a mistake in doubling the allowed quantity of brandy carried out on the cruise, saying: "By accident, as it was thought at the time, but subsequent developments would rather go to prove by design, he (Wales) had contrived to make a mistake, and the supply of brandy was ordered from two different groceries; thus doubling the quantity intended to be taken." Of this double supply of brandy thus contrived to be taken out, the commander reports Wales for continual "_stealing_" of it--always adding that he was seduced into these "thefts" by Spencer. Being a temperance man, the commander eschews the use of this brandy on board, except furtively for the corruption of the crew by Spencer through the seduction of the steward: thus: "None of the brandy was used in the mess, and all of it is still on board except what was stolen by the steward at the request of Mr. Spencer, and drank by him, and those he endeavored to corrupt." By his own story this Wales comes under the terms of Lord Hale's idea of a "desperate villain"--a fellow who joins in a crime, gets the confidence of accomplices, then informs upon them, gets them hanged, and receives a reward. This was the conduct of Wales upon his own showing: and of such informers the pious and mild Lord Hale judicially declared his abhorrence--held their swearing unworthy of credit unless corroborated--said that they had done more mischief in getting innocent people punished than they had ever done good in bringing criminals to justice. Upon this view of his conduct, then, this Wales comes under the legal idea of a desperate villain. Legal presumptions would leave him in this category but the steward and the commander have not left it there. They have lifted a corner of the curtain which conceals an unmentionable transaction, to which these two persons were parties--which was heard of, but not understood by the crew--which was hugger-muggered into a settlement between them about the time of Spencer's arrest, though originating the preceding cruise--which neither would explain--which no one could name--and of which Heiskill, the intermediate between his steward and the commander, could know nothing except that it was of a "delicate nature," and that it had been settled between them. The first hint of this mysterious transaction was in the commander's report--in his proud commendation of this steward for a pursership in the United States Navy--and evidently to rehabilitate his witness, and to get a new lick at Spencer. The hint runs thus: "I had a trifling difficulty, not discreditable to his character, on the previous cruise to Porto Rico." On the trial the purser Heiskill was interrogated as to the nature of this difficulty between his subordinate and his superior. To the question--"Did he know any thing, and what, about a misunderstanding between the steward and the commander at Porto Rico?" he answered, "he knew there was a misunderstanding, which Wales told him was explained to the satisfaction of the commander." To the further question, "Was it of a delicate nature?" the answer was, "yes, sir." To the further question, as to the time when this misunderstanding was settled? the purser answered: "I do not know--some time since, I believe." Asked if it was before the arrest? he answers: "I think Mr. Wales spoke of this matter before the arrest." Pressed to tell, if it was shortly before the arrest, the purser would neither give a long nor a short time, but ignored the inquiry with the declaration, "I won't pretend to fix upon a time." Wales himself interrogated before the court, as to the fact of this misunderstanding, and also as to what it was? admitted the fact, but refused its disclosure. His answer, as it stands in the official report of the trial is: "I had a difficulty, but decline to explain it." And the obliging court submitted to the contempt of this answer.

Left without information in a case so mysterious, and denied explanation from those who could give it, history can only deal with the facts as known, and with the inferences fairly resulting from them; and, therefore, can only say, that there was an old affair between the commander and the purser's steward, originating in a previous voyage, and settled in this one, and settled before the arrest of midshipman Spencer; and secondly, that the affair was of so delicate a nature as to avoid explanation from either party. Now the word "delicate" in this connection, implies something which cannot be discussed without danger--something which will not bear handling, or exposure--and in which silence and reserve are the only escapes from a detection worse than any suspicion. And thus stands before history the informer upon the young Spencer--the thief of brandies, the desperate villain according to Lord Hale's classification, and the culprit of unmentionable crime, according to his own implied admission. Yet this man is recommended for a pursership in the United States navy, or a handsome pecuniary reward; while any court in Christendom would have committed him for perjury, on his own showing, in his swearing before the court-martial.

Sergeant Michael H. Garty is then brought forward; thus:

"Of the conduct of Sergeant Michael H. Garty (of the marines) I
will only say it was worthy of the noble corps to which he has
the honor to belong. Confined to his hammock by a malady which
threatened to be dangerous, at the moment when the conspiracy
was discovered, he rose upon his feet a well man. Throughout the
whole period, from the day of Mr. Spencer's arrest to the day
after our arrival, and until the removal of the mutineers, his
conduct was calm, steady, and soldierlike. But when his duty was
done, and health was no longer indispensable to its performance,
his malady returned upon him, and he is still in his hammock.
In view of this fine conduct, I respectfully recommend that
Sergeant Garty be promoted to a second lieutenancy in the marine
corps. Should I pass without dishonor through the ordeal which
probably awaits me, and attain in due time to the command of a
vessel entitled to a marine officer, I ask no better fortune
than to have the services of Sergeant Garty in that capacity."

Now here is something like a miracle. A bedridden man to rise up a well man the moment his country needed his services, and to remain a well man to the last moment those services required, and then to fall down a bedridden man again. Such a miracle implies a divine interposition which could only be bottomed on a full knowledge of the intended crime, and a special care to prevent it. It is quite improbable in itself, and its verity entirely marred by answers of this sergeant to certain questions before the court-martial. Thus: "When were you on the sick list in the last cruise?" Answer: "I was twice on the list: the last time about two days." Now these two days must be that hammock confinement from the return of the malady which immediately ensued on the removal of the mutineers (the twelve from the Somers to the North Carolina guardship at New York), and which seemed as chronic and permanent as it was before the arrest. Questioned further, whether he "remained in his hammock the evening of Spencer's arrest?" the answer is, "Yes, sir: I was in and out of it all that night." So that the rising up a well man does not seem to have been so instantaneous as the commander's report would imply. The sergeant gives no account of this malady which confined him to his hammock in the marvellous way the commander reports. He never mentioned it until it was dragged out of him on cross-examination. He was on the sick list. That does not imply bedridden. Men are put on the sick list for a slight indisposition: in fact, to save them from sickness. Truth is, this Garty seems to have been one of the class of which every service contains some specimens--scamps who have a pain, and get on the sick list when duty runs hard; and who have no pain, and get on the well list, as soon as there is something pleasant to do. In this case the sergeant seems to have had a pleasant occupation from the alacrity with which he fulfilled it, and from the happy relief which it procured him from his malady as long as it lasted. That occupation was superintendent of the bagging business. It was he who attended to the wearing and fitting of the bags--seeing that they were punctually put on when a prisoner was made, tightly tied over the head of nights, and snugly drawn round the neck during the day. To this was added eavesdropping and delating, and swearing before all the courts, and in this style before the council of officers: "Thinks there are some persons at large that would voluntarily assist the prisoners if they had an opportunity."--"Thinks if the prisoners were at large the brig would certainly be in great danger."--"Thinks there are persons adrift yet, who, if opportunity offered, would rescue the prisoners."--"Thinks the vessel would be safer if Cromwell, Spencer, and Small were put to death."--"Thinks Cromwell a desperate fellow."--"Thinks their object (that of Cromwell and Spencer), in taking slavers, would be to convert them to their own use, and not to suppress the slave trade." All this was swearing like a sensible witness, who knew what was wanted, and would furnish it. It covered all the desired points. More arrests were wanted at that time to justify the hanging of the prisoners on hand: he thinks more arrests ought to be made. The fear of a rescue was wanted: he thinks there will be a rescue attempted. The execution of the prisoners is wanted: he thinks the vessel would be safer if they were all three put to death. And it was for these noble services--bagging prisoners, eavesdropping, delating, swearing to what was wanted--that this sergeant had his marvellous rise-up from a hammock, and was now recommended for an officer of marines. History repulses the marvel which the commander reports. A kind Providence may interpose for the safety of men and ships, but not through an agent who is to bag and suffocate innocent men--to eaves-drop and delate--to swear in all places, and just what was wanted--all by thoughts, and without any thing to bottom a thought upon. Certainly this Sergeant Garty, from his stomach for swearing, must have something in common, besides nativity, with Mr. Jemmy O'Brien; and, from his alacrity and diligence in taking care of prisoners, would seem to have come from the school of the famous Major Sirr, of Irish rebellion memory.

Mr. O. H. Perry, the commander's clerk and nephew, the same whose blunder in giving the order about the mast, occasioned it to break; and, in breaking, to become a sign of the plotting, mutiny, and piracy; and the same that held the watch to mark the ten minutes that Spencer was to live: this young gentleman was not forgotten, but came in liberally for praise and spoil--the spoil of the young man whose messmate he had been, against whom he had testified, and whose minutes he had counted, and proclaimed when out:

"If I shall be deemed by the Navy Department to have had any
merit in preserving the Somers from those treasonable toils by
which she had been surrounded since and before her departure
from the United States, I respectfully request that it may
accrue without reservation for my nephew O. H. Perry, now clerk
on board the Somers, and that his name may be placed on the
register in the name left vacant by the treason of Mr. Spencer.
I think, under the peculiar circumstances of the case, an act
of Congress, if necessary, might be obtained to authorize the
appointment."

All these recommendations for reward and promotion, bespeak an obliquity of mental vision, equivalent to an aberration of the mind; and this last one, obliquitous as any, superadds an extinction of the moral sense in demanding the spoil of the slain for the reward of a nephew who had promoted the death of which he was claiming the benefit. The request was revolting! and, what is equally revolting, it was granted. But worse still. An act of Congress at that time forbid the appointment of more midshipmen, of which there were then too many, unless to fill vacancies: hence the request of the commander, that his nephew's name may take the place in the Navy Register of the name left vacant by the "_treason_" of Mr. Spencer!

The commander, through all his witnesses, had multiplied proofs on the attempts of Spencer to corrupt the crew by largesses lavished upon them--such as tobacco, segars, nuts, sixpences thrown among the boys, and two bank-notes given to Cromwell on the coast of Africa to send home to his wife before the bank failed. Now what were the temptations on the other side? What the inducements to the witnesses and actors in this foul business to swear up to the mark which Mackenzie's acquittal and their promotion required? The remarks of Mr. Fenimore Cooper, the historian, here present themselves as those of an experienced man speaking with knowledge of the subject, and acquaintance with human nature:

"While on this point we will show the extent of the temptations
that were thus inconsiderately placed before the minds of these
men--what preferment they had reason to hope would be accorded
to them should Mackenzie's conduct be approved, _viz._: Garty,
from the ranks, to be an officer, with twenty-five dollars per
month, and fifty cents per diem rations: and the prospect of
promotion. Wales, from purser's steward, at eighteen dollars
a month, to quarter-deck rank, and fifteen hundred dollars
per annum. Browning, Collins, and Stewart, petty officers, at
nineteen dollars a month, to be boatswains, with seven hundred
dollars per annum. King, Anderson, and Rogers, petty officers,
at nineteen dollars a month, to be gunners, at seven hundred
dollars per annum. Dickinson, petty officer, at nineteen dollars
a month, to be carpenter, with seven hundred dollars per annum."

Such was the list of temptations placed before the witnesses by Commander Mackenzie, and which it is not in human nature to suppose were without their influence on most of the persons to whom they were addressed.

The commander could not close his list of recommendations for reward without saying something of himself. He asked for nothing specifically, but expected approbation, and looked forward to regular promotion, while gratified at the promotions which his subordinates should receive, and which would redound to his own honor. He did not ask for a court of inquiry, or a court-martial, but seemed to apprehend, and to deprecate them. The Secretary of the Navy immediately ordered a court of inquiry--a court of three officers to report upon the facts of the case, and to give their opinion. There was no propriety in this proceeding. The facts were admitted, and the law fixed their character. Three prisoners had been hanged without trial, and the law holds that to be murder until reduced by a judicial trial to a lower degree of offence--to manslaughter, excusable, or justifiable homicide. The finding of the court was strongly in favor of the commander; and unless this finding and opinion were disapproved by the President, no further military proceeding should be had--no court-martial ordered--the object of the inquiry being to ascertain whether there was necessity for one. The necessity being negatived, and that opinion approved by the President, there was no military rule of action which could go on to a court-martial: to the general astonishment such a court was immediately ordered--and assembled with such precipitation that the judge advocate was in no condition to go on with the trial; and, up to the third day of its sitting, was without the means of proceeding with the prosecution; and for his justification in not being able to go on, and in asking some delay, the judge advocate, Wm. H. Norris, Esq., of Baltimore, submitted to the court this statement in writing:

"The judge advocate states to the court that he has not been
furnished by the department, as yet, with any list of witnesses
on the part of the government: that he has had no opportunity of
conversing with any of the witnesses, of whose names he is even
entirely ignorant except by rumor in respect to a few of them;
and that, therefore, he would need time to prepare the case by
conversation with the officers and crew of the brig Somers,
before he can commence the case on the part of the government.
The judge advocate has issued two subpoenas, _duces tecum_,
for the record in the case of the court of inquiry into the
alleged mutiny, which have not yet been returned, and by which
record he could have been notified of the witnesses and facts to
constitute the case of the government."

The judge advocate then begged a delay, which was granted, until eleven o'clock the next day. Here then was a precipitation, unheard of in judicial proceedings, and wholly incompatible with the idea of any real prosecution. The cause of this precipitancy becomes a matter of public inquiry, as the public interest requires the administration of justice to be fair and impartial. The cause of it then was this: The widow of Cromwell, to whom he had sent his last dying message, that he was innocent, undertook to have Mackenzie prosecuted before the civil tribunals for the murder of her husband. She made three attempts, all in vain. One judge, to whom an application for a warrant was made, declined to grant it, on the ground that he was too much occupied with other matters to attend to that case--giving a written answer to that effect. A commissioner of the United States, appointed to issue warrants in all criminal cases, refused one in this case, because, as he alleged, he had no authority to act in a military case. The attempt was then made in the United States district court, New York, to get the Grand Jury to find an indictment: the court instructed the jury that it was not competent for a civil tribunal to interfere with matters which were depending before a naval tribunal: in consequence of which instruction the bill was ignored. Upon this instruction of the court the historian, Cooper, well remarks: "That after examining the subject at some length, we are of opinion that the case belonged exclusively to the civil tribunals." Here, then, is the reason why Mackenzie was run so precipitately before the court-martial. It was to shelter him by an acquittal there: and so apprehensive was he of being got hold of by some civil tribunal, before the court-martial could be organized, that he passed the intervening days between the two courts "in a bailiwick where the ordinary criminal process could not reach him."--(Cooper's Review of the Trial.) When the trial actually came on, the judge advocate was about as bad off as he was the first day. He had a list of witnesses. They were Mackenzie's officers--and refused to converse with him on the nature of their testimony. He stated their refusal to the court--declared himself without knowledge to conduct the case--and likened himself to a new comer in a house, having a bunch of keys given to him, without information of the lock to which each belonged--so that he must try every lock with every key before he could find out the right one.

The hurried assemblage of the court being shown, its composition becomes a fair subject of inquiry. The record shows that three officers were excused from serving on their own application after being detailed as members of the court; and the information of the day made known that another was excused before he was officially detailed. The same history of the day informs that these four avoided the service because they had opinions against the accused. That was all right in them. Mackenzie was entitled to an impartial trial, although he allowed his victims no trial at all. But how was it on the other side? any one excused there for opinions in favor of the accused? None! and history said there were members on the court strongly in favor of him--as the proceedings on the trial too visibly prove. Engaged in the case without a knowledge of it, the judge advocate confined himself to the testimony of one witness, merely proving the hanging without trial; and then left the field to the accused. It was occupied in great force--a great number of witnesses, all the reports of Mackenzie himself, all the statements before the council of officers--all sorts of illegal, irrelevant, impertinent or frivolous testimony--every thing that could be found against the dead since their death, in addition to all before--assumption or assertion of any fact or inference wanted--questions put not only leading to the answer wanted, but affirming the fact wanted--all the persons served as witnesses who had been agents or instruments in the murders--Mackenzie himself submitting his own statements before the court: such was the trial! and the issue was conformable to such a farrago of illegalities, absurdities, frivolities, impertinences and wickednesses. He was acquitted; but in the lowest form of acquittal known to court-martial proceedings. "Not proven," was the equivocal mode of saying "not guilty:" three members of the court were in favor of conviction for murder. The finding was barely permitted to stand by the President. To approve, or disprove court-martial proceedings is the regular course: the President did neither. The official promulgation of the proceedings wound up with this unusual and equivocal sanction: "As these charges involved the life of the accused, and as the finding is in his favor, he is entitled to the benefit of it, as in the analogous case of a verdict of not guilty before a civil court, and there is no power which can constitutionally deprive him of that benefit. The finding, therefore, is simply _confirmed_, and carried into effect without any expression of approbation or disapprobation on the part of the President: no such expression being necessary." No acquittal could be of lower order, or less honorable. The trial continued two months; and that long time was chiefly monopolized by the defence, which became in fact a trial of the dead--who, having no trial while alive, had an ample one of sixty days after their deaths. Of course they were convicted--the dead and the absent being always in the wrong. At the commencement of the trial, two eminent counsel of New York--Messrs. Benjamin F. Butler and Charles O'Connor, Esqs.,--applied to the court at the instance of the father of the young Spencer to be allowed to sit by, and put questions approved by the court; and offer suggestions and comments on the testimony when it was concluded. This request was entered on the minutes, and refused. So that at the long _post mortem_ trial which was given to the boy after his death, the father was not allowed to ask one question in favor of his son.

And here two remarks require to be made--first, as to that faithful promise of the Commander Mackenzie to send to his parents the dying message of the young Spencer: not a word was ever sent! all was sent to the Navy Department and the newspapers! and the "faithful promise," and the moving appeal to the "feelings of nature," turn out to have been a mere device to get a chance to make a report to the Secretary of the Navy of confessions to justify the previous condemnation and the pre-determined hanging. Secondly: That the Secretary despatched a man-of-war immediately on the return of Mackenzie to the Isle of Pines, to capture the confederate pirates (according to Wales's testimony), who were waiting there for the young Spencer and the Somers. A bootless errand. The island was found, and the pines; but no pirates! nor news of any for near twenty years! Thus failed the indispensable point in the whole piratical plot: but without balking in the least degree the raging current of universal belief.

The trial of Mackenzie being over, and he acquitted, the trial of the rest of the implicated crew--the twelve mutineers in irons--would naturally come on; and the court remained in session for that purpose. The Secretary of the Navy had written to the judge advocate to proceed against such of them as he thought proper: the judge advocate referred that question to Mackenzie, giving him the option to choose any one he pleased to carry on the prosecutions. He chose Theodore Sedgwick, Esq., who had been his own counsel on his trial. Mackenzie was acquitted on the 28th of March: the court remained in session until the 1st of April: the judge advocate heard nothing from Mackenzie with respect to the prosecutions. On that day Mackenzie not being present, he was sent for. He was not to be found! and the provost marshal ascertained that he had gone to his residence in the country, thirty miles off. This was an abandonment of the prosecutions, and in a very unmilitary way--by running away from them, and saying nothing to any body. The court was then dissolved--the prisoners released--and the innocence of the twelve stood confessed by the recreancy of their fugitive prosecutor. It was a confession of the innocence of Spencer, Small, and Cromwell; for he was tried for the three murders together. The trial of Mackenzie had been their acquittal in the eyes of persons accustomed to analyze evidence, and to detect perjuries in made-up stories. But the masses could form no such analysis. With them the confessions were conclusive, though invalidated by contradictions, and obtained, if obtained at all, under a refinement of terror and oppression which has no parallel on the deck of a pirate. When has such a machinery of terror been contrived to shock and torture a helpless victim? Sudden annunciation of death in the midst of preparations to take life: ten minutes allowed to live, and these ten minutes taken up with interruptions. An imp of darkness in the shape of a naval officer in full uniform, squat down at his side, writing and whispering; and evidently making out a tale which was to murder the character in order to justify the murder of the body. Commander Mackenzie had once lived a year in Spain, and wrote a book upon its manners and customs, as a "Young American." He must have read of the manner in which confessions were obtained in the dungeons of the Inquisition. If he had, he showed himself an apt scholar; if not, he showed a genius for the business from which the familiars of the Holy Office might have taken instruction.

Spencer's real design was clearly deducible even from the tenors of the vile swearing against him. He meant to quit the navy when he returned to New York, obtain a vessel in some way, and go to the northwest coast of America--to lead some wild life there; but not piratical, as there is neither prey nor shelter for pirates in that quarter. This he was often saying to the crew, and to this his list of names referred--mixed up with foolish and even vicious talk about piracy. His first and his last answer was the same--that it was all a joke. The answer of Small was the same when he was arrested; and it was well brought out by the judge advocate in incessant questions during the two months' trial, that there was not a single soul of the crew, except Wales, that ever heard Spencer mention one word about mutiny! and not one, inclusive of Wales, that ever heard one man of the vessel speak of a rescue of the prisoners. Remaining long in command of the vessel as Mackenzie did, and with all his power to punish or reward, and allowed as he was to bring forward all that he was able to find since the deaths of the men, yet he could not find one man to swear to these essential points; so that in a crew steeped in mutiny, there was not a soul that had heard of it! in a crew determined upon a rescue of prisoners, there was not one that ever heard the word pronounced. The state of the brig, after the arrests, was that of crazy cowardice and insane suspicion on the part of the officers--of alarm and consternation on the part of the crew. Armed with revolvers, cutlasses and swords, the officers prowled through the vessel, ready to shoot any one that gave them a fright--the weapon generally cocked for instant work. Besides the officers, low wretches, as Wales and Garty, were armed in the same way, with the same summary power over the lives and deaths of the crew. The vessel was turned into a laboratory of spies, informers, eavesdroppers and delators. Every word, look, sign, movement, on the part of the crew, was equally a proof of guilt. If the men were quick about their duty, it was to cover up their guilt: if slow, it was to defy the officers. If they talked loud, it was insolence: if low, it was plotting. If collected in knots, it was to be ready to make a rush at the vessel: if keeping single and silent, it was because, knowing their guilt, they feigned aversion to escape suspicion. Belief was all that was wanted from any delator. Belief, without a circumstance to found it upon, and even contrary to circumstances, was accepted as full legal evidence. Arrests were multiplied, to excite terror, and to justify murder. The awe-stricken crew, consisting four-fifths of apprentice boys, was paralyzed into dead silence and abject submission. Every arrest was made without a murmur. The prisoners were ironed and bagged as mere animals. No one could show pity, much less friendship. No one could extend a comfort, much less give assistance. Armed sentries stood over them, day and night, to shoot both parties for the slightest sign of intelligence--and always to shoot the prisoner first. What Paris was in the last days of the Reign of Terror, the United States brig Somers was during the terrible week from the arrest to the hanging of Spencer.

Analogous to the case of Commander Mackenzie was that of Lieutenant Colonel Wall, of the British service, Governor of Goree on the coast of Africa--the circumstances quite parallel, and where they differ, the difference in favor of Wall--but the conclusion widely different. Governor Wall fancied there was a mutiny in the garrison, the one half (of 150) engaged in it, and one Armstrong and two others, leaders in it. He ordered the "long roll" to be beat--which brings the men, without arms, into line on the parade. He conversed a few minutes with the officers, out of hearing of the men, then ordered the line to form circle, a cannon to be placed in the middle of it, the three men tied upon it, and receive 800 blows each with an inch thick rope. It was not his intent to kill them, and the surgeon of the garrison, as in all cases of severe punishment, was ordered to attend, and observe it: which he did, saying nothing: the three men died within a week. This was in the year 1782. Wall came home--was arrested (by the civil authority), broke custody and fled--was gone twenty years, and seized again by the civil authority on his return to England. The trial took place at the Old Bailey, and the prisoner easily proved up a complete case of mutiny, seventy or eighty men, assembled in open day before the governor's quarters, defying authority, clamoring for supposed rights, and cursing and damning. The full case was sworn up, and by many witnesses; but the attorney-general, Sir Edward Law (afterwards Lord Ellenborough), and the solicitor-general, Mr. Percival (afterwards First Lord of the Treasury and Chancellor of the Exchequer), easily took the made-up stories to pieces, and left the governor nakedly exposed, a false accuser of the dead, after having been the foul murderer of the innocent. It was to no purpose that he plead, that the punishment was not intended to kill: it was answered that it was sufficient that it was likely to kill, and did kill. To no purpose that he proved by the surgeon that he stood by, as the regulations required, to judge the punishment, and said nothing: the eminent counsel proved upon him, out of his own mouth, that he was a young booby, too silly to know the difference between a cat-o'-nine-tails, which cut the skin, and an inch rope, which bruised to the vitals. The Lord Chief Baron McDonald, charged the jury that if there was no mutiny, it was murder; and if there was mutiny, and no trial, it was murder. On this latter point, he said to the jury: "_If you are of opinion that there was a mutiny, you are then to consider the degree of it, and whether there was as much attention paid to the interest of the person accused as the circumstances of the case would admit, by properly advising him, and giving him an opportunity of justifying himself if he could._" The governor was only tried in one case, found guilty, hanged within eight days, and his body, like that of any other murderer, delivered up to the surgeons for dissection--the King on application, first for pardon, then for longer respite, and last for remission of the anatomization, refusing any favor, upon the ground that it was worse than any common murder--being done by a man in authority, far from the eye of the government, on helpless people subject to his power, and whom he was bound to protect, and to defend from oppression. It is a case--a common one in England since the judges became independent of the crown--which does honor to British administration of justice: and, if any one wishes to view the extremes of judicial exhibitions--legality, regularity, impartiality, knowledge of the law, promptitude on one hand, and the reverse of it all on the other--let them look at the proceedings of the one-day trial of Governor Wall before a British civil court, and the two months' trial of Commander Mackenzie before an American naval court-martial. But the comparison would not be entirely fair. Courts-martial, both of army and navy, since the trial of Admiral Byng in England to Commodore Porter, Commander Mackenzie, and Lieutenant-colonel Frémont in the United States, have been machines in the hands of the government (where it took an interest in the event), to acquit, or convict: and has rarely disappointed the intention. Cooper proposes, in view of the unfitness of the military courts for judicial investigation, that they be stripped of all jurisdiction in such cases: and his opinion strongly addresses itself to the legislative authority.

Commander Mackenzie had been acquitted by the authorities: he had been complimented by a body of eminent merchants: he had been applauded by the press: he had been encomiastically reviewed in a high literary periodical. The loud public voice was for him: but there was a small inward monitor, whose still and sinister whisperings went cutting through the soul. The acquitted and applauded man withdrew to a lonely retreat, oppressed with gloom and melancholly, visible only to a few, and was only roused from his depression to give signs of a diseased mind. It was five years after the event, and during the war with Mexico. The administration had conceived the idea of procuring peace through the instrumentality of Santa Anna--then an exile at Havana; and who was to be returned to his country upon some arrangement of the American government. This writer going to see the President (Mr. Polk) some day about this time, mentioned to him a visit from Commander Slidell Mackenzie to this exiled chief. The President was startled, and asked how this came to be known to me. I told him I read it in the Spanish newspapers. He said it was all a profound secret, confined to his cabinet. The case was this: a secret mission to Santa Anna was resolved upon: and the facile Mr. Buchanan, Secretary of State, dominated by the representative Slidell (brother to the commander), accepted this brother for the place. Now the views of the two parties were diametrically opposite. One wanted secrecy--the other notoriety. Restoration of Santa Anna to his country, upon an agreement, and without being seen in the transaction, was the object of the government; and that required secrecy: removal from under a cloud, restoration to public view, rehabilitation by some mark of public distinction, was the object of the Slidells; and that required notoriety: and the game being in their hands, they played it accordingly. Arriving at Havana, the secret minister put on the full uniform of an American naval officer, entered an open _volante_, and driving through the principal streets at high noon, proceeded to the suburban residence of the exiled dictator. Admitted to a private interview (for he spoke Spanish, learnt in Spain), the plumed and decorated officer made known his secret business. Santa Anna was amazed, but not disconcerted. He saw the folly and the danger of the proceeding, eschewed blunt overture, and got rid of his queer visitor in the shortest time, and the civilest phrases which Spanish decorum would admit. The repelled minister gone, Santa Anna called back his secretary, exclaiming as he entered--"_Porque el Presidente me ha enviado este tonto?_" (Why has the President sent me this fool?) It was not until afterwards, and through the instrumentality of a sounder head, that the mode of the dictator's return was arranged: and the folly which Mackenzie exhibited on this occasion was of a piece with his crazy and preposterous conceptions on board the Somers.

Fourteen years have elapsed since this tragedy of the Somers. The chief in that black and bloody drama (unless Wales is to be considered the master-spirit, and the commander and lieutenant only his instruments) has gone to his long account. Some others, concerned with him, have passed away. The vessel itself, bearing a name illustrious in the navy annals, has gone to the bottom of the sea--foundering--and going down with all on board; the circling waves closing over the heads of the doomed mass, and hiding all from the light of Heaven before they were dead. And the mind of seamen, prone to belief in portents, prodigies, signs and judgments, refer the hapless fate of the vessel to the innocent blood which had been shed upon her.

History feels it to be a debt of duty to examine this transaction to the bottom, and to judge it closely--not with a view to affect individuals, but to relieve national character from a foul imputation. It was the crime of individuals: it was made national. The protection of the government, the lenity of the court, the evasions of the judiciary, and the general approving voice, made a nation's offence out of the conduct of some individuals, and brought reproach upon the American name. All Christendom recoiled with horror from the atrocious deed: all friends to America beheld with grief and amazement the national assumption of such a crime. Cotemporary with the event, and its close observer, the writer of this View finds confirmed now, upon the fullest examination, the severe judgment which he formed upon it at the time.

The naval historian, Fenimore Cooper (who himself had been a naval officer), wrote a clear exposure of all the delusion, falsehood, and wickedness of this imputed mutiny, and of the mockery of the court-martial trial of Mackenzie: but unavailing in the then condition of the public mind, and impotent against the vast machinery of the public press which was brought to bear on the dead. From that publication, and the official record of the trial, this view of the transaction is made up.