U.S.S. Somers - Mutiny or Murder
Created | Updated Mar 9, 2004
In the closing months of 1842 the United States brig Somers left the port of New York crammed with 120 young men bound for the slave coast of Africa, the southern side of the bulge of west Africa sometimes called the ‘ Gold Coast ‘. The two-fold mission was to deliver dispatches to the sloop of war 1 Vandalia , and to teach the new apprentices about seamanship and the customs of the navy.
Background
The Brig
A Bainbridge class brig 2 of 259 tons displacement, the Somers carried 10 - 32 pounder carronades 3. She was launched on 16 April 1842 and commissioned on 12 May of the same year.
She was named for Lt. Richard Somers, who had served in the war against the Barbary Pirates, a group of countries along the western end of the African coast along Mediterranean Sea, for centuries they had demanded money from any weak nation to allow trade, the young United States replied with the slogan ‘ a million for defense but not a penny in tribute, a series of wars followed.4 In September 1804 he was given charge of the Intrepid , a bomb ketch 5 that had been filled with explosives, and was to be sailed into the harbour at Tripoli and set to explode in the centre of the enemy fleet after the crew had abandoned her. Unfortunately the Intrepid exploded before she could reach her intended position killing Somers and his entire crew.
With a length of 100 feet between perpendiculars 6, a maximum width of 25', the Somers did not leave much space for privacy. Her sails were carried on two masts, a foremast mounted near the front and a taller main mast mounted a bit behind the centre of the hull. Both of these masts carried several square sails. A bowsprit thrust from her bow supporting an array of jibs and stay sails 7 .
The Navy
The U.S. Navy in the 1840s was divided into squadrons. Unlike the large fleets of ships of the line 8 that were the standard of the major navies of the time, the U.S. had squadrons with possible one ship of the line, one to three frigates 9 The squadron would have perhaps a dozen or so smaller war vessels depending on the threat and available assets at the time. The highest rank in the navy was captain. Captains appointed to command a squadron were given the temporary title of Commodore. Once his tour of duty was completed his rank was officially reduced back to captain. The rank of Rear Admiral would not come into existence in the U.S. until 1862. These small squadrons where stationed at various stations around the world looking out for the interests of their country. The Africa squadron was primarily charged with suppressing the slave trade which had been outlawed by the U.S. The West Indies squadron spent much of its time capturing and suppressing piracy among the many islands and newly formed republics.
The rules for conduct in the U.S. Navy were contained in the ‘Articles for the Government of the United States Navy' unofficially referred to as ‘Rocks and Shoals' from the passage about punishment for anyone who ‘...intentionally or willfully suffers any vessel of the Navy to be stranded, or run upon rocks and shoals, or improperly hazard or maliciously or willfully injures any vessel of the Navy...' .
The Captain
Born in New York City of 6 April 1803 Alexander Slidell joined the Navy in 1815 as a midshipman. With sea-duty and advancement slow in the post-war Navy he accepted command of a merchant ship in 1822. By 1825 he was given permission to sit for his lieutenant exam and was promoted to that rank. After service in the Mediterranean Squadron, the West Indies Squadron, the Brazil Squadron and service in the mid-Pacific protecting the whaling fleet. He added his mother's maiden name to his own in 1837 at the request of her brother. In 1841 he was promoted to the rank of Commander.
A learned man, Mackenzie published several pamphlets and books on his adventures in foreign lands as well as sailing the oceans. His brother John Slidell was a Senator in the U.S. Congress.
Commander Alexander Slidell Mackenzie was given command of the Somers and saw to her commissioning.
The First Officer
Lieutenant Guert Gansevoort, the grandson of a Revolutionary War hero was the only other commissioned line 10 officer on board the Somers . Born on 7 June 1812, he was appointed as midshipman in 1823, and was commissioned as Lieutenant in 1837
The ‘Mutineer'
Philip Spencer was born in 1820. During the years 1838 - 1841 he was enrolled as freshman at Geneva College where he was one of the founders of the Chi Psi fraternity. After three year of failing to advance in his studies his father Secretary of War John C. Spencer requested his dismissal. He entered Union College in Schenectady, NY for the spring session of 1841, but by November of that year he was appointed midshipman in the Navy.
By June he was on his way to the Brazil Squadron aboard the frigate John Adams . Shortly after their arrival in South America, Spencer was forced to resign his appointment on charges of dereliction of duty and drunkenness 11.
The frigate Potomac entered Boston harbour on 31 July 1842 carrying Spencer back from the coast of South America as a failure. Once more he was in disgrace. However either through quick talking or political influence he managed to be reinstated as a Midshipman. On 13 August 1842 Midshipman Spencer was assigned to the brig Somers which had just returned from a shakedown cruise to the West Indies.
The Voyage
The Somers cleared New York harbour on 13 September 1842 headed for the west coast of Africa . A large portion of her crew consisted of teenage apprentice volunteers. The Somers was being used as an experimental school ship in hopes of recruitment. After crossing the Atlantic the Somers stopped at the ports of the Portuguese island of Madeira, Tenerife in the Canary Islands and Puerto Pria in the Cape Verde Islands, inquiring at each about the whereabouts of the Vandalia . After almost 2 months at sea without success, the Somers reached Monrovia, Liberia on 10 November. After inquiring ashore Mackenzie was told the Vandalia had already departed for home waters. Putting once again to sea the Somers set off for the Danish port on St. Thomas in the Virgin Islands in attempt to catch the sloop before she returned to the U.S.. This island was located at the extreme north east corner of the area patrolled by the West Indies Squadron.
On Saturday 26 November Mackenzie received a most disturbing report from his first officer. Gansevoort said that the purser HM Heiskell told him that his steward Josiah Wales had been asked to join in a plot to seize the ship! Wales explained that he had pretended to go along with the idea to gain as much information as possible. Midshipman Spencer said he had a fancy to slip into the Caribbean and become a pirate. This could be accomplished by merely seizing the officers and loyal hands and throwing those who were not needed overboard while still far out at sea and compelling the others to comply under threat and by force. While he was talking with Spencer, Wales reported one of the Seamen, Elisha Small, had approached them and was obviously familiar with the plan. As incredible as this might seem today, piracy was still a real concern in the 19th century and a fast brig like the Somers could pose a significant danger in the wrong hands.
With only ten officers ( one of whom it had been said was disloyal ) to control over a hundred men Mackenzie dared not proceed too quickly. He asked Gansevoort to discreetly watch the activities of Spencer and report back to him later in the day. Among Spencer activities he had been seen studying Caribbean charts, including one for the Isle of Pines ( a large island off the southern coast of west Cuba, an area far from the course of the Somers , that had been a known base for pirates ). He had also inquired about the accuracy of the ship's chronometer, accurate time was considered vital to determine how far east or west the vessel was from the prime Meriden which passed through Greenwich England.
Satisfied that there was a reasonable proof of Wales's accusations Mackenzie went on deck and confronted Spencer telling him, that he ( Mackenzie ) had heard that Spencer wished to take command of the Somers . After an initial denial, Mackenzie told the midshipman about Wales report. Spencer then tried to pass it all off as a joke. The captain was not amused and ordered Spencer to be chained hand and foot and had him placed in a corner of the quarterdeck where he would be isolated from most of the crew and the officer of the deck could keep him under constant observation.
After his arrest Mackenzie ordered Spencer's personal effects searched for evidence. A paper written with Greek characters was found which listed the names of four persons as "certain" including Spencer and the informant Wales. Another four men were marked as expected to join after the plan was put into effect, another six names were listed as doubtful. Under the ‘Articles' anyone who had heard about the slightest hint of mutiny was eligible for a death sentence if he did not do ‘ ... his utmost to suppress it...' . Another 18 names were listed to be kept whether or not they chose to join willingly. One of the four "certain" conspirators did not mach the name of anyone aboard the brig.
The following evening, Sunday the 27th, after having the crew set more sail. Mackenzie ordered boatswain's mate Samuel Cromwell and seaman Elisha Small arrested and placed with Spencer, bound in the same way. With thee men confined on the tiny quarterdeck the officers began to get nervous any time the handling of the vessel required a group of sailors to enter the area near the prisoners. On at least one occasion an officer pulled his pistol on such a group until one of the midshipmen intervened and explained the were acting under his orders.
On Tuesday November 29, 1842 the crew was mustered at their inspection stations at 9:00
am. At that time sail maker's mate Charles A. Wilson, landsman Daniel McKenly, apprentices
Benjamin Green and Alexander McKee were all put into double irons and placed on the
quarterdeck with the others.
Mackenzie ordered each of the petty officers to be armed with a single pistol and cutlass. All the officers, except the officer of the deck, were ordered to assemble in the wardroom and determine the guilt or innocence of Spencer, Cromwell and Small, and if found guilty, give their recommendation about what they believe should be done with them.
The ship's log indicates that the report stated ‘...they were decidedly Guilty, and that the safety of the vessel required that they be immediately put to death.' Mackenzie ordered three ropes to rigged to the main yardarms, one to larboard and two side by side to starboard 12
Thursday 1 December 1842, at 1:45 pm the hands were called to witness punishment. Philip Spencer received the outboard noose on the starboard side, next to him was Elisha Small, Samuel Cromwell was placed on the line to larboard. Petty officers were stationed at various position to make sure that the crew did their duty. At 2:15 a gun was fired to windward while the crew ran the three men up to the yardarms. The National flag was hoisted and after a short speech Mackenzie ordered the crew give three cheers, which they did loudly. Whether this due to loyalty of fear we will never know. The hands were piped down to their dinner at 2:30.
The corpses remained at the yard until the watch was called at 3:30, when they were carefully lowered and given to their messmates to prepare for burial. Each man was sewn into their hammock, a round shot placed at their feet. At 6:30 pm every lantern aboard was lighted and
the Captain solemnly read the burial service and the three bodies were committed to the deep.
The Somers proceed to St. Thomas arriving on 5 December 1842, the elusive Vadilia was not there. She then sailed north to her home port of New York , arriving on 14 December 1842. Mackenzie sent his clerk to Washington with his report on whole affair. He then had the four remaining prisoners, and eight others that he suspected might have been involved transferred to the ship of the line North Carolina for imprisonment.
The Aftermath
Two weeks after their arrival, on 28 December, a court of inquiry was held on board the North Carolina to investigate if there had been anything improper or illegal in the execution of the prisoners. On 20 January 1843 Mackenzie was fully exonerated by the court in an unanimous opinion. Although this finding protected Mackenzie from any further action from the military he could still be brought up on charges for murder in a civilian court. Considering the influence of Spencer's family Mackenzie requested and was granted a full court-martial on any possible charges that could be brought against him.
The court-martial lasted for almost two full months, with the Somers under the acting command of lieutenant Gansevoort while the officers and crew were called to testify. After deliberation on the charges and testimony the court handed down its findings on 31 March 1843;
Charge | Finding | Votes |
Murder | Not Proven | 9 to 3 |
Oppression | Not Proven | 8 to 4 |
Illegal Punishment | Not Proven | 12 to 0 |
Conduct Unbecoming an Officer | Dismissed | N/A |
Cruelty and Oppression of crew | Dismissed | N/A |
Mutiny or Murder
Over a hundred and fifty years after these events the controversy remains
Mutiny
Mackenzie was charged with the safety of his ship and crew, and faced with mutiny he was required to " do his utmost to suppress it ". Had the plan succeed he would have been responsible not only for the loss of his ship and those killed in its capture, but all the others killed and captured while Spencer played at being a pirate. Of course he would have been dead by then. After receiving Wales report he could not ignore the threat, or take Spencer's word that it was joke without being guilty of severe dereliction of duty. Even if there had not been an actual mutiny his juniors could have asked for a court of inquiry where he would have had to defend himself. Any negative finding would have at least ended his career. After Spencer's arrest the events took on a momentum of their own. The officers recommendation, though not legally binding buttresses his decision. Lastly he was tried and acquitted.
Murder
There was no mutiny. Even if the plot was real the leaders had all been subdued and could have been carried home for trial. Mackenzie had months to defend himself, he was allowed to cross examine his accusers, and he was judged by his peers. Spencer, Cromwell and Small were arrested confined and executed without any trial. The evidence was judged by their superior officers with little or no chance to speak in their own defense. The fifth amendment to the U.S. Constitution guarantees every citizen certain right if accused of a crime, these were denied on the Somers .
EPILOGUE
The 12 prisoners who were suspected as conspirators were kept confined for a time and eventually all were released without any formal charges having been brought against them.
On 8 December 1846 the Somers was serving in Mexican War under the command of Raphael Semmes, she was struck by a squall while chasing a ship that was trying to run the blockade. She capsized and lost 32 of her crew to the sea, and another 7 where captured by the enemy. Her wreck still lies on the bottom of the Gulf of Mexico off the port of Vera Cruz.
Mackenzie was sent to Cuba by president Polk in the spring if 1846, and served as an artillery commander in the Mexican War before his death in 1848.
Gansevoort went on to a distinguished naval carrier commanding the John Adams in the Mexican war and the ironclad Roanoke during the American Civil War. Commodore Gansevoort retired in January 1867.
On 10 October 1845 the United States Navy opened its officer school at Annapolis Maryland to train young midshipmen in a formal academic setting. It is generally accepted that this was a direct result of the Somers incident.
In 1924 a novella was published from the unedited manuscript that Herman Melville had been working on at the time of his death. It is commonly accepted that the inspiration for Billy Budd was his older cousin Guert Gansevoort's experience on board the Somers
issue multiple at this as the ‘articles' limited the punishment that could administered by the Captain, multiple offences meant multiple punishments. 12 The left and right sides of the ship respectively.