WEBVTT - Mutiny on the Somers

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<v Speaker 1>You are listening to History on Trial, a production of

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<v Speaker 1>iHeart podcasts. Listener Discretion advised the prisoners had to die.

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<v Speaker 1>It wasn't an easy conclusion to reach. Seven officers of

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<v Speaker 1>the USS Summers had spent all of November thirtieth, eighteen

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<v Speaker 1>forty two locked in the wardroom of the ship, questioning witnesses,

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<v Speaker 1>gathering the full story. The next day, December first, they

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<v Speaker 1>presented their findings to their captain, Commander Alexander Slidell Mackenzie.

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<v Speaker 1>After as dispassionate and deliberate a consideration of the case

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<v Speaker 1>as the exigencies of the time would admit, the officers wrote,

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<v Speaker 1>we have come to a cool, decided, and unanimous opinion

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<v Speaker 1>that the prisoners have been guilty of a full and

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<v Speaker 1>determined intention to commit a mutiny on board of this

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<v Speaker 1>vessel of a most atrocious nature. What was more, the

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<v Speaker 1>letter continued, there was no way to keep the prisoners

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<v Speaker 1>safely away from the rest of the crew and transport

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<v Speaker 1>them back to the United States for court martial. The

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<v Speaker 1>safety of the public property, the lives of ourselves and

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<v Speaker 1>of those committed to our charge, the officers concluded, require

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<v Speaker 1>that the prisoners should be put to death. Who were

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<v Speaker 1>these prisoners? There were three of them. One of them

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<v Speaker 1>was an officer himself, Midshipman Philip Spencer, age eighteen. He

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<v Speaker 1>was alleged to be the ringleader of the mutiny plot.

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<v Speaker 1>His two accomplices were a mismatched pair, the tallest man

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<v Speaker 1>on the ship, Chief Bosun's mate, Samuel Cromwell, and the

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<v Speaker 1>shortest seamen, Elisious Mall. After learning about the mutiny plot,

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<v Speaker 1>Commander Mackenzie had arrested the men, Spencer first on November

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<v Speaker 1>twenty sixth, and then Cromwell and Small on the twenty seventh.

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<v Speaker 1>Even after these arrests, it seemed that the ship was

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<v Speaker 1>not safe. The prisoners were being kept on the quarter deck,

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<v Speaker 1>a raised deck behind the main mast, from which they

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<v Speaker 1>could see the crew at work, and the crew could

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<v Speaker 1>see them. Two Mackenzie and his officers had seen meaningful

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<v Speaker 1>looks and maybe even hand gestures exchanged between the prisoners

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<v Speaker 1>and the crew. How many conspirators did the plot have?

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<v Speaker 1>At any minute, Mackenzie feared some signal would trigger the

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<v Speaker 1>crew to rise up and rebel. That could mean dozens

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<v Speaker 1>of deaths. There were one hundred and twenty Navy sailors

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<v Speaker 1>on board the USS Summers, Commander Mackenzie stealed his resolve.

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<v Speaker 1>Executing prisoners was a grave matter, and it was technically

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<v Speaker 1>outside of his legal rights as a captain, but he

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<v Speaker 1>was convinced that it was the only path forward. Mackenzie

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<v Speaker 1>ordered that Spencer, Cromwell and Small be put to death.

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<v Speaker 1>He called the crew to the deck. If there were

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<v Speaker 1>indeed more conspirators amongst their ranks, Mackenzie wanted them to

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<v Speaker 1>see the consequences of crime. The crew of the US

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<v Speaker 1>Summers watched silently as the three prisoners were informed of

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<v Speaker 1>their fates, and then hung from the yard arm, slowly

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<v Speaker 1>suffocating to death. When the USS Summers arrived back in

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<v Speaker 1>New York two weeks later, bringing news of the attempted

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<v Speaker 1>mutiny and the subsequent executions, the public was horrified about

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<v Speaker 1>the mutiny, that is, not about the hangings. These were

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<v Speaker 1>seen as a difficult but necessary choice made by a

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<v Speaker 1>courageous captain in a terrible situation. But as the Navy

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<v Speaker 1>probed into the events aboard the USS Summers, troubling questions

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<v Speaker 1>began to emerge. Had Mackenzie's actions been justified even worse,

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<v Speaker 1>had this threatened mutiny even been real On December twentieth,

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<v Speaker 1>an anonymous letter published in a washing In, DC newspaper

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<v Speaker 1>alleged that the inquiry conducted by the officers into the

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<v Speaker 1>mutiny had been biased and had denied the prisoner's basic

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<v Speaker 1>civil rights. The letter claimed that the three men had

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<v Speaker 1>been hanged on the basis of extremely thin evidence. The

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<v Speaker 1>letter was only signed s, but many people knew right

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<v Speaker 1>away who had written it. It was Philip Spencer's father,

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<v Speaker 1>John Canfield Spencer, and that meant trouble for Commander Mackenzie.

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<v Speaker 1>Because John Spencer was not just any grieving father. He

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<v Speaker 1>was the United States Secretary of War, and he was

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<v Speaker 1>determined to get justice for his dead son. But could

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<v Speaker 1>the Navy administer justice to one of its own. That

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<v Speaker 1>question would be tested at the court martial of Commander

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<v Speaker 1>Mackenzie in early eighteen forty three, a trial that sparked

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<v Speaker 1>debates over just how far military discipline could go. Welcome

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<v Speaker 1>to history on trial, I'm your host, Mira Hayward. This

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<v Speaker 1>week the court martial of Commander Alexander Slidell Mackenzie. Philip

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<v Speaker 1>Spencer had always dreamed of going to sea, but not

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<v Speaker 1>with the Navy. No, Philip Spencer wanted to be a pirate.

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<v Speaker 1>Born in eighteen twenty four in Canadagua, New York, Philip

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<v Speaker 1>missed the peak of piracy, a period in the seventeen

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<v Speaker 1>tens and twenties during which some two thousand pirates roamed

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<v Speaker 1>the Atlantic and Caribbean, by a century, but the legend

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<v Speaker 1>of pirates lived on long after their numbers were decimated

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<v Speaker 1>by European naval forces. In eighteen thirty seven, when Philip

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<v Speaker 1>was thirteen, Charles Elms published The Pirate's Own Book, a

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<v Speaker 1>four hundred and thirty two page epic filled with swashbuckling

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<v Speaker 1>tales from the High Seas. The book was so popular

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<v Speaker 1>that it ran for eight editions. It was one of

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<v Speaker 1>Philip Spencer's favorite books. Philip's pirate fantasies were met with

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<v Speaker 1>disapproval by his father, John Canfield Spencer. A brilliant, combative,

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<v Speaker 1>ambitious man. John Spencer wanted great things for his children. Philip,

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<v Speaker 1>the sixth of John Elizabeth Spencer's seven children, always struggled

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<v Speaker 1>to meet his father's expectations. Philip was undeniably bright. He

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<v Speaker 1>had a facility for languages. He quickly picked up Latin

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<v Speaker 1>and Greek, and would later become fluent in Spanish, he

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<v Speaker 1>could give a speech better than almost any of his

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<v Speaker 1>classmates at Geneva College, where he studied in the late

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<v Speaker 1>eighteen thirties, and he was brave in an era before anesthesia.

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<v Speaker 1>Classmates remembered with awe how Philip had refused the traditional

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<v Speaker 1>restraints during surgery to try to correct his wandering eye,

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<v Speaker 1>holding himself still through the agonizing procedure through sheer force

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<v Speaker 1>of will. But the discipline he showed in enduring pain

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<v Speaker 1>did not translate to other areas of his life. He

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<v Speaker 1>neglected his schoolwork, He snuck off campus and into town.

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<v Speaker 1>He drank. In November eighteen forty, when he was sixteen,

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<v Speaker 1>the school cited Philip for participating in what they called,

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<v Speaker 1>hilariously a cider disturbance. We'd probably call it a door party.

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<v Speaker 1>In the spring of eighteen forty one, hoping that a

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<v Speaker 1>change of scenery might do Philip some good, John Spencer

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<v Speaker 1>made his son transfer to Union College. Before he left Geneva,

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<v Speaker 1>Philip gave the school a copy of the Pirate's own book.

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<v Speaker 1>At Union, Philip did not take advantage of his fresh start.

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<v Speaker 1>Instead of focusing on his studies, he devoted himself to

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<v Speaker 1>founding a fraternity, the perfect place to host more cider

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<v Speaker 1>disturbances and to create secret handshakes and codes and rituals,

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<v Speaker 1>the kind of thing that Philip loved. The fraternity Philip

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<v Speaker 1>helped found Kai Sai today has chapters at thirty four

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<v Speaker 1>colleges and universities. John Spencer, however, was not impressed by

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<v Speaker 1>Philip's activities. During the eighteen thirties, the elder Spencer's political

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<v Speaker 1>star had risen. In October eighteen forty one, President John

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<v Speaker 1>Tyler chose John Spencer to be his Secretary of War.

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<v Speaker 1>Managing the military might have seemed easy in comparison to

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<v Speaker 1>managing Philip Spencer. At his wits end with his son,

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<v Speaker 1>Secretary Spencer decided that maybe the Navy could instill some discipline.

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<v Speaker 1>In November eighteen forty one, Philip was appointed as a midshipman,

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<v Speaker 1>the lowest rank of officer in the United States Navy.

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<v Speaker 1>But even the Navy could not tame Philip's energies. He drank,

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<v Speaker 1>fought with senior officers, and, on an official trip to Brazil,

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<v Speaker 1>brawled in the streets every time he got in trouble.

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<v Speaker 1>Though his father put in a good word with Abel Upscher,

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<v Speaker 1>the Secretary of the Navy, and Philip got another chance,

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<v Speaker 1>But by the summer of eighteen forty two, Secretary Upsher's

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<v Speaker 1>patients was wearing thin. He told Philip that he would

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<v Speaker 1>be watching carefully and gave him one last assignment on

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<v Speaker 1>which to prove himself. On August thirteenth, eighteen forty two,

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<v Speaker 1>Philip Spencer received orders to report to the USS Summers

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<v Speaker 1>in New York. Upon boarding, he met the man who

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<v Speaker 1>would one day order his death, Commander Alexander Slidell Mackenzie.

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<v Speaker 1>The Commander was born Alexander Slidell on April sixth, eighteen

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<v Speaker 1>o three, to John and Marjorie Slidell. In his thirties,

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<v Speaker 1>he would adopt his mother's maiden name Mackenzie, as a

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<v Speaker 1>condition of receiving an inheritance from a maternal uncle. The

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<v Speaker 1>Slydells were a wealthy, well connected family. One of Mackenzie's

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<v Speaker 1>brothers would become a US Senator and another would become

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<v Speaker 1>Chief Justice of the Louisiana Supreme Court, but it was

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<v Speaker 1>his sister, Jane who would most influence Mackenzie's life. In

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<v Speaker 1>eighteen fourteen, Jane married Matthew Perry, a member of a

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<v Speaker 1>naval dynasty. Matthew's older brother, Oliver hazard Perry, was an

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<v Speaker 1>American hero for his victory at the Battle of Lake

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<v Speaker 1>Erie during the War of eighteen twelve. Matthew Perry too

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<v Speaker 1>would become a naval hero, eventually leading the mission that

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<v Speaker 1>opened trade with Japan. In the eighteen fifties. The Perry

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<v Speaker 1>family encouraged young Mackenzie to join the Navy, and he

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<v Speaker 1>became a midshipman at age eleven, sailing around the world

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<v Speaker 1>throughout his teenage years. The Navy was a good fit

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<v Speaker 1>for the boy. Unlike Philip Spencer, Mackenzie liked discipline. He

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<v Speaker 1>liked rules and laws, making them and following them. In

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<v Speaker 1>his early days in the Navy, he saw what happened

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<v Speaker 1>when the laws were broken. Assigned to anti pirate duty

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<v Speaker 1>in the West Indies, he witnessed the devastation pirate's pillaging

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<v Speaker 1>left in its wake, not nearly so glamorous in real

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<v Speaker 1>life as it was in the pirate's own book. In

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<v Speaker 1>eighteen twenty four, Mackenzie contracted yellow fever and took a

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<v Speaker 1>leave of absence from the Navy to recover. While on leave,

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<v Speaker 1>he traveled to Spain and began to work on a

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<v Speaker 1>book about his experiences abroad. He befriended the writer Washington

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<v Speaker 1>Irving while in Madrid, and Irving would help Mackenzie publish

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<v Speaker 1>his first book, called A Year in Spain. The publication

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<v Speaker 1>made Mackenzie a minor celebrity, and he would continue writing

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<v Speaker 1>even after returning from leave, though his later books received

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<v Speaker 1>cooler receptions. Journalist and historian Richard Snow argues in his

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<v Speaker 1>book Sailing the Graveyard Sea that Mackenzie's writings reveal quote

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<v Speaker 1>an opacity about common human feelings. They also depict a

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<v Speaker 1>man full of contradictions, both moralistic and prudish. Mackenzie also

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<v Speaker 1>displays a taste for violence. He describes both crimes and

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<v Speaker 1>public executions, which, despite professing to dislike, he somehow couldn't

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<v Speaker 1>seem to stop attending while abroad in gruesome detail. In

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<v Speaker 1>eighteen thirty six, Mackenzie married Kate Robinson. Soon after, he

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<v Speaker 1>adopted Mackenzie as his surname in order to receive the

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<v Speaker 1>family bequest. Using this money, he bought a farm in

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<v Speaker 1>New York's Hudson River Valley, near his friend Washington Irving.

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<v Speaker 1>He also began thinking seriously along with his brother in law,

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<v Speaker 1>Matthew Perry, about how to reform America's navy. The Navy

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<v Speaker 1>at this point was struggling to attract, train, and retain

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<v Speaker 1>good men. The pay was low, the training programs were haphazard,

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<v Speaker 1>and promotions were difficult to obtain. In eighteen thirty seven,

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<v Speaker 1>Mackenzie and Perry wrote about the need for naval education

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<v Speaker 1>in the Naval Magazine, calling for the establishment of an

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<v Speaker 1>apprenticeship program. Congress agreed with their recommendations and provided funding

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<v Speaker 1>to recruit and train boys aged thirteen to eighteen. Congress

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<v Speaker 1>also agreed to create a schoolship, a floating naval school

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<v Speaker 1>with on the job training for the young apprentices. The

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<v Speaker 1>USS Summers, a beautiful new ship designed in part by

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<v Speaker 1>Matthew Perry, was chosen for the job. In eighteen forty one,

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<v Speaker 1>Alexander Mackenzie was promoted to the rank of commander. The

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<v Speaker 1>next year, he was assigned to the schoolship that he

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<v Speaker 1>and Perry had dreamed of. The stakes for this voyage

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<v Speaker 1>were high. If it went well, the Navy might be

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<v Speaker 1>willing to produce more schoolships, Congress might agree to fund

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<v Speaker 1>more apprentices, and Mackenzie's beloved navy would flourish. To ensure success,

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<v Speaker 1>Mackenzie and Perry carefully selected the ship's officers. The first Lieutenant,

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<v Speaker 1>Mackenzie's second in command, was thirty year old Garrett Gansvoort,

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<v Speaker 1>a member of a prominent New York family and a

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<v Speaker 1>skilled sailor who had risen quickly through the ranks of

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<v Speaker 1>the Navy. For the midshipmen, the lowest ranking officers, Perry

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<v Speaker 1>and Mackenzie filled the ranks with their relatives and their

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<v Speaker 1>friend's sons. Two of Perry's own sons were serving on board.

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<v Speaker 1>Into this tightly knit crowd appeared the disruptive Philip Spencer.

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<v Speaker 1>Mackenzie took an immediate dislike to dists Spencer. He had

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<v Speaker 1>heard about Spencer's record and wanted him off the ship.

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<v Speaker 1>Mackenzie recommended that Spencer ask for a transfer. Spencer did so,

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<v Speaker 1>but Matthew Perry refused the request. Philip Spencer needed discipline,

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<v Speaker 1>and Perry may have hoped the strict Mackenzie might be

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<v Speaker 1>just the one to provide a firm hand. Little did

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<v Speaker 1>anyone know just how firm that hand would be. The

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<v Speaker 1>voyage of the USS Summers began smoothly enough, departing New

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<v Speaker 1>York on September thirteenth, eighteen forty two, the ship sailed east.

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<v Speaker 1>Its mission, an easy assignment fitting for a school ship,

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<v Speaker 1>was to deliver dispatches from America to another Navy ship,

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<v Speaker 1>the Vandalia, which was assisting the British Navy in intercepting

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<v Speaker 1>slave ships off the west coast of Africa. Quarters on

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<v Speaker 1>the ship were tight, at one hundred feet long and

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<v Speaker 1>twenty feet wide at the thickest point. The Summers was

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<v Speaker 1>only meant to carry ninety men, but in an attempt

0:18:13.680 --> 0:18:17.400
<v Speaker 1>to squeeze as many apprentices in as possible, the Summers

0:18:17.440 --> 0:18:20.240
<v Speaker 1>had a crew of one hundred and twenty for this trip.

0:18:20.880 --> 0:18:24.159
<v Speaker 1>Of these one hundred and twenty, only thirty were older

0:18:24.200 --> 0:18:28.720
<v Speaker 1>than nineteen. A third of the crew was between thirteen

0:18:28.840 --> 0:18:33.280
<v Speaker 1>and sixteen years old. Life at sea must have been

0:18:33.320 --> 0:18:37.720
<v Speaker 1>bewildering for these boys, many of whom had no sailing experience.

0:18:38.800 --> 0:18:43.680
<v Speaker 1>Time was measured in watches and bells. Sunday mornings were

0:18:43.720 --> 0:18:47.920
<v Speaker 1>spent mustard on deck. The sailors stood on deck while

0:18:47.920 --> 0:18:52.440
<v Speaker 1>their uniforms were inspected. Attendance was taken, and the Articles

0:18:52.480 --> 0:18:56.760
<v Speaker 1>of War, a list of prohibited actions and resulting punishments

0:18:57.160 --> 0:19:02.359
<v Speaker 1>were read. Aloud. The one form of punishment was flogging,

0:19:03.119 --> 0:19:06.800
<v Speaker 1>lashing either with the Cat nine tails, a whip with

0:19:07.080 --> 0:19:11.920
<v Speaker 1>nine eighteen inch braided cords, or the Colt, a three

0:19:12.000 --> 0:19:17.399
<v Speaker 1>foot long single strand whip. Both instruments could rip a

0:19:17.440 --> 0:19:22.199
<v Speaker 1>sailor's back. Open. Floggings were usually done in front of

0:19:22.240 --> 0:19:26.959
<v Speaker 1>the whole crew. Congress would ban flogging in eighteen fifty,

0:19:27.400 --> 0:19:31.600
<v Speaker 1>and some captains had already abandoned the practice, believing it

0:19:31.640 --> 0:19:36.800
<v Speaker 1>to be too cruel, but not Commander Mackenzie. He had

0:19:36.840 --> 0:19:41.199
<v Speaker 1>a reputation as being quick to order floggings, and the

0:19:41.240 --> 0:19:45.360
<v Speaker 1>reputation was well earned. The boys of the Summers soon learned.

0:19:46.320 --> 0:19:49.880
<v Speaker 1>The first flogging happened only three days into the voyage,

0:19:50.720 --> 0:19:54.280
<v Speaker 1>six lashes each of the Colt for three crewmen accused

0:19:54.320 --> 0:19:58.440
<v Speaker 1>of avoiding work on the Summers, Sailors of all ages,

0:19:58.920 --> 0:20:03.119
<v Speaker 1>even those as young as thirteen, were whipped frequently for

0:20:03.200 --> 0:20:07.960
<v Speaker 1>offenses as minor as borrowing someone else's shirts, smoking after

0:20:08.040 --> 0:20:13.199
<v Speaker 1>ten PM, or being impertinent. One fourteen year old apprentice,

0:20:13.400 --> 0:20:17.600
<v Speaker 1>Dennis Manning, received a total of one hundred and one

0:20:17.960 --> 0:20:23.680
<v Speaker 1>lashes during the ship's two month journey. Despite the frequent punishments,

0:20:23.880 --> 0:20:27.600
<v Speaker 1>morale aboard the summers was high, at least for the

0:20:27.640 --> 0:20:31.800
<v Speaker 1>first few weeks. Part of the crew's good attitude might

0:20:31.880 --> 0:20:36.240
<v Speaker 1>have been due to Philip Spencer. Spencer had quickly found

0:20:36.320 --> 0:20:40.000
<v Speaker 1>himself the odd man out amongst the other officers, who

0:20:40.080 --> 0:20:44.679
<v Speaker 1>had all taken their commander's queue and shunned Spencer. He

0:20:44.800 --> 0:20:49.840
<v Speaker 1>decided to search for friends amongst the crew instead. Spencer

0:20:49.920 --> 0:20:53.240
<v Speaker 1>amused the younger boys with a strange talent he had,

0:20:53.920 --> 0:20:59.080
<v Speaker 1>rhythmically dislocating his jaw to create eerie music. He won

0:20:59.119 --> 0:21:03.200
<v Speaker 1>the older sailors over with small gifts of smuggled brandy

0:21:03.400 --> 0:21:08.359
<v Speaker 1>or tobacco for money. Spencer especially concentrated his attention on

0:21:08.480 --> 0:21:14.679
<v Speaker 1>two other misfits, Samuel Cromwell and Elisha Small. Cromwell was

0:21:14.840 --> 0:21:19.680
<v Speaker 1>widely disliked, and perhaps for good reason. As the chief

0:21:19.720 --> 0:21:23.920
<v Speaker 1>bosun's mate, Cromwell was in charge of administering the floggings.

0:21:24.560 --> 0:21:28.320
<v Speaker 1>An enormous man in his thirties, heavily muscled and scarred,

0:21:28.760 --> 0:21:33.360
<v Speaker 1>Cromwell had a fierce temper and a filthy mouth. Crewman

0:21:33.440 --> 0:21:38.040
<v Speaker 1>whispered that he had once sailed with slavers or pirates.

0:21:39.280 --> 0:21:43.600
<v Speaker 1>Elishah Small, thirty years old, was a good sailor with

0:21:43.680 --> 0:21:48.760
<v Speaker 1>a bad drinking problem. He begun the voyage as the Summers' quartermaster,

0:21:49.280 --> 0:21:56.040
<v Speaker 1>responsible for navigation, but had been quickly demoted for drunkenness. Small, Cromwell,

0:21:56.119 --> 0:22:00.359
<v Speaker 1>and Spencer soon formed trio. Spencer provided the men with

0:22:00.440 --> 0:22:05.360
<v Speaker 1>alcohol and tobacco. In return, Cromwell and Small told Spencer

0:22:05.560 --> 0:22:10.240
<v Speaker 1>wild stories from their lives at sea. The other officers

0:22:10.359 --> 0:22:15.120
<v Speaker 1>judged Spencer for his friendship with lowly crewmen and got

0:22:15.160 --> 0:22:20.399
<v Speaker 1>annoyed by his laziness and tasteless jokes. Commander Mackenzie's dislike

0:22:20.480 --> 0:22:24.879
<v Speaker 1>for Spencer had also increased, but he largely ignored the

0:22:24.960 --> 0:22:30.000
<v Speaker 1>eighteen year old. By mid November, the Summers had reached Liberia,

0:22:30.760 --> 0:22:33.360
<v Speaker 1>but they hadn't managed to catch up with the Vandalia,

0:22:33.560 --> 0:22:36.080
<v Speaker 1>which always seemed to be one port ahead of them.

0:22:36.440 --> 0:22:40.120
<v Speaker 1>Mackenzie decided that it was time to head home. Despite

0:22:40.119 --> 0:22:47.040
<v Speaker 1>this incomplete mission, everything was well aboard the Summers until Saturday,

0:22:47.040 --> 0:22:52.240
<v Speaker 1>November twenty sixth, that is, shortly after eight am, First

0:22:52.280 --> 0:22:56.720
<v Speaker 1>Lieutenant Ganzifort burst into the Captain's cabin with shocking news

0:22:57.440 --> 0:23:03.880
<v Speaker 1>a mutiny was afoot. Kenzie was stunned. Gansafort laid out

0:23:03.920 --> 0:23:08.760
<v Speaker 1>the details for him that morning, Purser Stewart James Wales

0:23:08.920 --> 0:23:12.800
<v Speaker 1>had approached his superior purser, Horace High School, with a

0:23:12.880 --> 0:23:18.080
<v Speaker 1>troubling story. The night before, Wales said he had been

0:23:18.119 --> 0:23:23.880
<v Speaker 1>approached by Philip Spencer. After swearing Wales to secrecy, Spencer

0:23:23.960 --> 0:23:27.240
<v Speaker 1>told him that he was planning to seize the ship.

0:23:28.400 --> 0:23:31.240
<v Speaker 1>Spencer said he had a number of the crew signed

0:23:31.320 --> 0:23:35.760
<v Speaker 1>up for his plan, which involved murdering the ship's officers

0:23:35.840 --> 0:23:40.600
<v Speaker 1>and any uncooperative crewmen, sailing the Summers to the Caribbean,

0:23:41.200 --> 0:23:45.560
<v Speaker 1>and turning it into a pirate ship. While Spencer laid

0:23:45.560 --> 0:23:50.600
<v Speaker 1>out the details for Wales's Elisha Small approach, Spencer told

0:23:50.680 --> 0:23:55.240
<v Speaker 1>Small that he had enlisted Wales, and Small said he

0:23:55.480 --> 0:23:59.840
<v Speaker 1>was glad to hear it. When Spencer finished, he asked

0:24:00.440 --> 0:24:04.639
<v Speaker 1>for his thoughts. Whales said he liked the idea, but

0:24:04.920 --> 0:24:10.960
<v Speaker 1>inside he was horrified. Wales resolved to report Spencer to

0:24:10.960 --> 0:24:14.960
<v Speaker 1>Commander Mackenzie as soon as possible. The next morning, and

0:24:15.160 --> 0:24:18.520
<v Speaker 1>able to easily get to Mackenzie, Wales had reported to

0:24:18.600 --> 0:24:22.480
<v Speaker 1>high school high school to ganzi Ort, and now ganzi

0:24:22.600 --> 0:24:27.000
<v Speaker 1>Ort was telling Mackenzie. At first, the captain could not

0:24:27.240 --> 0:24:32.639
<v Speaker 1>believe it. It seemed to me so monstrous, so improbable, that

0:24:32.720 --> 0:24:36.680
<v Speaker 1>I could not forbear treating it with ridicule. Mackenzie later wrote,

0:24:37.320 --> 0:24:39.800
<v Speaker 1>I was under the impression that mister Spencer had been

0:24:39.880 --> 0:24:44.160
<v Speaker 1>reading some piratical stories and had amused himself with mister Wales.

0:24:45.400 --> 0:24:48.480
<v Speaker 1>But improbable or not, Mackenzie felt he had a duty

0:24:48.520 --> 0:24:53.040
<v Speaker 1>to investigate. He told ganzi Ort to watch Spencer closely.

0:24:54.480 --> 0:24:58.440
<v Speaker 1>Ganza Ort followed Spencer all day, and what he saw

0:24:58.680 --> 0:25:03.880
<v Speaker 1>concerned him. I had observed, Gansibort reported to Mackenzie that

0:25:03.960 --> 0:25:08.240
<v Speaker 1>he was exceedingly intimate with the crew. I had noticed

0:25:08.359 --> 0:25:13.760
<v Speaker 1>as individuals passed him by a strange flashing of the eye.

0:25:13.920 --> 0:25:18.040
<v Speaker 1>When Spencer had caught Ganzibart watching him, he had looked

0:25:18.080 --> 0:25:22.960
<v Speaker 1>at the lieutenant, in Ganshwort's words, with the most infernal

0:25:23.160 --> 0:25:28.280
<v Speaker 1>expression I have ever seen upon a human face. Moreover,

0:25:28.880 --> 0:25:32.040
<v Speaker 1>gans of Ort had seen Spencer pouring over a map

0:25:32.080 --> 0:25:36.280
<v Speaker 1>of the Caribbean and asking the ship's surgeon, Richard Leacock,

0:25:36.800 --> 0:25:42.560
<v Speaker 1>about the Isle of Pine's, a notorious pirates haunt. It

0:25:42.680 --> 0:25:45.840
<v Speaker 1>wasn't much to go on, but Ganzibort and Mackenzie were

0:25:45.920 --> 0:25:50.639
<v Speaker 1>now convinced that Spencer was up to something. They couldn't

0:25:50.720 --> 0:25:55.120
<v Speaker 1>risk a mutiny. Mackenzie decided that Spencer should be detained.

0:25:55.800 --> 0:25:58.840
<v Speaker 1>When he approached Spencer and asked him about the plan,

0:25:59.359 --> 0:26:03.399
<v Speaker 1>Spencer replied that it was just a joke. This joke,

0:26:03.720 --> 0:26:09.160
<v Speaker 1>Mackenzie told Spencer, may cost you your life. He ordered

0:26:09.200 --> 0:26:12.640
<v Speaker 1>that Spencer be shackled, and, because the Summers had little

0:26:12.680 --> 0:26:15.920
<v Speaker 1>free space below deck, be taken to the quarter deck

0:26:16.080 --> 0:26:21.200
<v Speaker 1>and kept under observation. The next day, the investigation into

0:26:21.240 --> 0:26:26.760
<v Speaker 1>the mutiny continued. Lieutenant Ganziwort and Midship in Henry Rogers

0:26:26.920 --> 0:26:31.680
<v Speaker 1>searched Spencer's belongings. Inside his razor case. They found several

0:26:31.760 --> 0:26:37.640
<v Speaker 1>pieces of paper. Two of these were written in Greek letters. Rogers,

0:26:37.680 --> 0:26:41.200
<v Speaker 1>who could read Greek, translated the words. It turned out,

0:26:41.240 --> 0:26:45.400
<v Speaker 1>were just English words spelled out with Greek characters. On

0:26:45.400 --> 0:26:50.879
<v Speaker 1>one page, a paragraph read those marked X will probably

0:26:51.000 --> 0:26:54.480
<v Speaker 1>be induced to join before the project is carried into execution.

0:26:55.600 --> 0:26:58.320
<v Speaker 1>The remainder of the doubtful will probably join when the

0:26:58.359 --> 0:27:03.440
<v Speaker 1>thing is done. If not, they must be forced. If

0:27:03.480 --> 0:27:06.480
<v Speaker 1>any not marked down wish to join after it is done,

0:27:06.880 --> 0:27:12.560
<v Speaker 1>we will pick out the best and dispose of the rest. Below,

0:27:12.800 --> 0:27:18.600
<v Speaker 1>a list of names was sorted into three categories, certain, doubtful,

0:27:19.280 --> 0:27:27.280
<v Speaker 1>and to be kept Nolan's Volan's willingly or not. It

0:27:27.400 --> 0:27:31.359
<v Speaker 1>was a damning document, to be sure, but also a

0:27:31.440 --> 0:27:35.560
<v Speaker 1>confusing one. The list of crew members who were certain

0:27:36.000 --> 0:27:40.520
<v Speaker 1>was small and included the name E Andrews, which did

0:27:40.560 --> 0:27:44.680
<v Speaker 1>not match anyone on board. Elisha Small's name was not

0:27:44.760 --> 0:27:48.199
<v Speaker 1>on the certain list, but per Wales's story, he was

0:27:48.240 --> 0:27:54.320
<v Speaker 1>indeed involved. Despite these discrepancies, Mackenzie was now sure that

0:27:54.400 --> 0:27:58.320
<v Speaker 1>Spencer had been plotting a mutiny, and the captain had

0:27:58.359 --> 0:28:02.720
<v Speaker 1>concerns about Samuel Cromwell too. Spencer had not mentioned to

0:28:02.800 --> 0:28:06.359
<v Speaker 1>Cromwell to Wales, and Cromwell's name was not anywhere on

0:28:06.400 --> 0:28:11.200
<v Speaker 1>Spencer's list, but Cromwell was known to be close to Spencer.

0:28:12.440 --> 0:28:17.280
<v Speaker 1>That afternoon, Mackenzie's suspicions seemed to be confirmed. One of

0:28:17.320 --> 0:28:21.439
<v Speaker 1>the ship's top masts suddenly collapsed, causing a number of

0:28:21.520 --> 0:28:25.800
<v Speaker 1>sails to fall. In the chaos that followed, Mackenzie noticed

0:28:25.840 --> 0:28:29.680
<v Speaker 1>that Cromwell and Small were first on the scene. Had

0:28:29.720 --> 0:28:33.600
<v Speaker 1>they caused the mast collapse? He wondered, It was just

0:28:33.720 --> 0:28:38.120
<v Speaker 1>the type of distraction that mutineers could use to their advantage.

0:28:38.480 --> 0:28:41.800
<v Speaker 1>It was true that no uprising had begun. The masts

0:28:41.840 --> 0:28:45.600
<v Speaker 1>and sales were repaired, but Mackenzie believed that the crisis

0:28:45.600 --> 0:28:50.320
<v Speaker 1>had only narrowly been averted. He ordered Cromwell and then

0:28:50.440 --> 0:28:55.040
<v Speaker 1>Small arrested and stowed on the quarter deck. Cromwell denied

0:28:55.120 --> 0:28:58.360
<v Speaker 1>any involvement in the plot, and Spencer also said that

0:28:58.400 --> 0:29:01.960
<v Speaker 1>the man was innocent. Small, on the other hand, said

0:29:02.000 --> 0:29:06.120
<v Speaker 1>that he had heard of plans. Mackenzie informed the three

0:29:06.120 --> 0:29:08.280
<v Speaker 1>men that they would be kept under lock and key

0:29:08.440 --> 0:29:11.320
<v Speaker 1>until the ship arrived back in America, where they would

0:29:11.320 --> 0:29:15.840
<v Speaker 1>be tried for the crimes. Over the next three days,

0:29:15.880 --> 0:29:20.440
<v Speaker 1>tensions on the ship reached a fever pitch. Mackenzie ordered

0:29:20.440 --> 0:29:24.240
<v Speaker 1>his officers to arm themselves and patrol the ship. He

0:29:24.360 --> 0:29:27.640
<v Speaker 1>informed the crew about the mutiny plot and warned them

0:29:27.720 --> 0:29:32.320
<v Speaker 1>to abandon any schemes to free the prisoners. He arrested

0:29:32.360 --> 0:29:35.600
<v Speaker 1>three more men believed to be connected with Spencer and

0:29:35.680 --> 0:29:40.320
<v Speaker 1>put them on the quarter deck. These further arrests brought

0:29:40.400 --> 0:29:45.440
<v Speaker 1>new concerns. The Summers was a small ship, Surely it

0:29:45.560 --> 0:29:49.480
<v Speaker 1>could not hold many prisoners, and Mackenzie was convinced that

0:29:49.520 --> 0:29:53.000
<v Speaker 1>the existing prisoners were plotting an escape with their uncaptured

0:29:53.040 --> 0:29:57.360
<v Speaker 1>co conspirators. Maybe the leaders of the mutiny needed to

0:29:57.400 --> 0:30:03.800
<v Speaker 1>be removed permanently. Mackenzie had always seen his ships as

0:30:04.080 --> 0:30:10.000
<v Speaker 1>quote little worlds, self contained environments in which discipline meant harmony.

0:30:10.920 --> 0:30:15.120
<v Speaker 1>One bad apple could spoil the whole bunch, But he

0:30:15.160 --> 0:30:19.240
<v Speaker 1>didn't want to make such a serious decision alone. On Wednesday,

0:30:19.320 --> 0:30:23.800
<v Speaker 1>November thirtieth, Mackenzie wrote a letter to his officers asking

0:30:23.840 --> 0:30:26.960
<v Speaker 1>them to investigate the situation on board and come to

0:30:27.000 --> 0:30:31.320
<v Speaker 1>a conclusion about the best path forward. The seven officers

0:30:31.400 --> 0:30:35.760
<v Speaker 1>moved swiftly. They took over the wardroom, the officer's mess hall,

0:30:36.080 --> 0:30:39.160
<v Speaker 1>and brought in crew members for questioning. Many of the

0:30:39.160 --> 0:30:42.120
<v Speaker 1>crewmen claimed that Spencer had spoken to them about dreaming

0:30:42.200 --> 0:30:44.480
<v Speaker 1>of being a pirate and of hoping to have a

0:30:44.520 --> 0:30:48.560
<v Speaker 1>ship of his own. They all agreed that Spencer, Small

0:30:48.600 --> 0:30:52.200
<v Speaker 1>and Cromwell were the ringleaders. Many of the sailors spoke

0:30:52.320 --> 0:30:57.120
<v Speaker 1>especially harshly about Samuel Cromwell. The questioning continued throughout the

0:30:57.200 --> 0:31:03.000
<v Speaker 1>day and into the next morning. The officers reached a decision.

0:31:03.920 --> 0:31:06.560
<v Speaker 1>They wrote to Mackenzie and told him that they believed

0:31:06.640 --> 0:31:12.040
<v Speaker 1>the prisoners should be executed. Mackenzie wasted no time in

0:31:12.120 --> 0:31:15.360
<v Speaker 1>carrying out the sentence. Summoning the crew to the deck,

0:31:15.560 --> 0:31:19.160
<v Speaker 1>McKenzie donned his full dress uniform and told his officers

0:31:19.160 --> 0:31:23.760
<v Speaker 1>to arm themselves. Then he told the prisoners their fate.

0:31:24.880 --> 0:31:30.680
<v Speaker 1>Elishah Small took the news calmly. Philip Spencer began to weep.

0:31:32.040 --> 0:31:35.760
<v Speaker 1>Samuel Cromwell fell to his knees and yelled, God of

0:31:35.800 --> 0:31:39.960
<v Speaker 1>the Universe, looked down upon my poor wife. I am innocent.

0:31:41.440 --> 0:31:45.840
<v Speaker 1>Spencer regained his composure and told Mackenzie quote, as these

0:31:45.880 --> 0:31:48.680
<v Speaker 1>are the last words I have to say, I trust

0:31:48.720 --> 0:31:55.480
<v Speaker 1>they will be believed. Cromwell is innocent. Mackenzie was unsettled.

0:31:56.440 --> 0:31:59.840
<v Speaker 1>Seeking reassurance, he questioned his officers if they were certain

0:31:59.840 --> 0:32:03.880
<v Speaker 1>of Cromwell's guilt. They said they were, and this was

0:32:04.040 --> 0:32:08.080
<v Speaker 1>enough for the captain. Returning to Spencer, mackenzie began a

0:32:08.120 --> 0:32:11.880
<v Speaker 1>strange conversation with the eighteen year old. When Spencer said

0:32:11.920 --> 0:32:15.680
<v Speaker 1>that he felt bad for wronging his parents, Mackenzie told

0:32:15.680 --> 0:32:18.400
<v Speaker 1>Spencer that his father was part of the reason for

0:32:18.480 --> 0:32:22.640
<v Speaker 1>his death sentence. If mackenzie had taken Spencer back to

0:32:22.680 --> 0:32:26.480
<v Speaker 1>the United States for court martial, the captain said, John

0:32:26.520 --> 0:32:30.480
<v Speaker 1>Spencer likely would have interfered in the trial for those

0:32:30.480 --> 0:32:34.360
<v Speaker 1>who have friends or money in America, Mackenzie said there

0:32:34.440 --> 0:32:37.920
<v Speaker 1>was no punishment for the worst of crimes. He spoke

0:32:37.960 --> 0:32:41.880
<v Speaker 1>to Spencer for nearly an hour. He asked his steward

0:32:41.960 --> 0:32:44.400
<v Speaker 1>to bring paper and ink so that Spencer could write

0:32:44.400 --> 0:32:47.600
<v Speaker 1>a letter to his parents. When Spencer said he could

0:32:47.640 --> 0:32:52.040
<v Speaker 1>not write with his hand shackled, Mackenzie wrote for him,

0:32:52.320 --> 0:32:59.080
<v Speaker 1>and then finally the terrible moment arrived. The execution itself

0:32:59.240 --> 0:33:05.320
<v Speaker 1>was gruesome and painful. The prisoners, faces covered, hands and

0:33:05.480 --> 0:33:10.840
<v Speaker 1>feet still shackled, had nooses fastened around their necks. The

0:33:10.920 --> 0:33:14.080
<v Speaker 1>ropes trailing from these nooses hung over the yard arm

0:33:14.160 --> 0:33:18.600
<v Speaker 1>of the ship, the large beam running perpendicular to the mainmast.

0:33:19.160 --> 0:33:21.960
<v Speaker 1>Groups of men held the other side of the rope.

0:33:22.400 --> 0:33:25.720
<v Speaker 1>On a signal the firing of a gun, the men

0:33:25.760 --> 0:33:29.640
<v Speaker 1>pulled the ropes, dragging the prisoner's twenty feet in the air,

0:33:30.040 --> 0:33:34.400
<v Speaker 1>where they slowly strangled to death, their bodies spinning in

0:33:34.440 --> 0:33:39.960
<v Speaker 1>the wind. Mackenzie, with the bodies still hanging above the deck,

0:33:40.320 --> 0:33:43.840
<v Speaker 1>gave his crew a speech about the dangers of disobedience.

0:33:45.200 --> 0:33:48.440
<v Speaker 1>The rest of the journey held a tenor of muted fear.

0:33:49.520 --> 0:33:51.800
<v Speaker 1>The summers made it back to New York Harbor two

0:33:51.880 --> 0:33:56.000
<v Speaker 1>weeks after the executions, and a messenger was quickly dispatched

0:33:56.000 --> 0:34:00.680
<v Speaker 1>to Secretary of the Navy, Able Upsher. Soon news of

0:34:00.720 --> 0:34:03.960
<v Speaker 1>the shocking events on board the Summers had spread across

0:34:04.000 --> 0:34:09.160
<v Speaker 1>the country. Most people praised Captain Mackenzie. The New York

0:34:09.200 --> 0:34:13.319
<v Speaker 1>Tribune wrote, quote, by the prompt and fearless decision of

0:34:13.360 --> 0:34:17.480
<v Speaker 1>Captain Mackenzie, one of the most bold and daring conspiracies

0:34:17.560 --> 0:34:22.360
<v Speaker 1>ever formed. Was frustrated and crushed. But six days later,

0:34:22.560 --> 0:34:27.520
<v Speaker 1>on December twentieth, John Canfield Spencer published his anonymous rebuttal

0:34:27.840 --> 0:34:32.000
<v Speaker 1>of Mackenzie's accounts of the events on board. Spencer questioned

0:34:32.000 --> 0:34:36.360
<v Speaker 1>the legality of Mackenzie's impromptue on board court martial and

0:34:36.600 --> 0:34:39.880
<v Speaker 1>questioned whether the threat of a mutiny was even real.

0:34:40.920 --> 0:34:45.640
<v Speaker 1>The Navy promised a full investigation, but would an investigation

0:34:45.960 --> 0:34:53.200
<v Speaker 1>be enough for John Spencer? Pending an investigation into the mutiny,

0:34:53.719 --> 0:34:56.960
<v Speaker 1>no one was allowed to leave the USS Summers once

0:34:56.960 --> 0:35:01.400
<v Speaker 1>it docked in New York. No one except Mackenzie, that was,

0:35:01.800 --> 0:35:05.719
<v Speaker 1>who went to visit his brother in law, Matthew Perry Commodore.

0:35:05.719 --> 0:35:08.520
<v Speaker 1>Perry was now the commandant of the Brooklyn Navy Yard.

0:35:09.080 --> 0:35:12.840
<v Speaker 1>Before leaving the Summers, Mackenzie ordered the arrest of eight

0:35:12.960 --> 0:35:15.760
<v Speaker 1>more men who he believed to be involved in the mutiny.

0:35:16.680 --> 0:35:21.719
<v Speaker 1>Criticism of Mackenzie was growing louder, both within and outside

0:35:21.760 --> 0:35:26.160
<v Speaker 1>of the Navy. Captain Francis Gregory, commander of the USS

0:35:26.239 --> 0:35:31.040
<v Speaker 1>North Carolina, visited the Summers after it docked. He was

0:35:31.400 --> 0:35:35.560
<v Speaker 1>horrified by conditions on board. I have never known the

0:35:35.680 --> 0:35:39.040
<v Speaker 1>crew of an American man of war so dirty and

0:35:39.120 --> 0:35:42.319
<v Speaker 1>dejected in their personal appearance as hers were at the

0:35:42.360 --> 0:35:46.480
<v Speaker 1>time of her arrival here, he wrote a colleague. Gregory

0:35:46.600 --> 0:35:50.560
<v Speaker 1>was also shocked by the number of floggings Mackenzie had ordered,

0:35:51.320 --> 0:35:56.360
<v Speaker 1>a number Gregory said that was quote beyond all precedent

0:35:56.440 --> 0:36:01.280
<v Speaker 1>within my knowledge. News of Gregory's discoveries quickly became public.

0:36:03.520 --> 0:36:07.799
<v Speaker 1>On December twenty eighth, the Navy convened a Court of Inquiry.

0:36:07.840 --> 0:36:12.399
<v Speaker 1>This court could only investigate, it could not punish, and

0:36:12.640 --> 0:36:16.600
<v Speaker 1>unlike in a traditional trial, the person being investigated did

0:36:16.640 --> 0:36:21.240
<v Speaker 1>not need to appear in person. Mackenzie could instead submit

0:36:21.320 --> 0:36:25.640
<v Speaker 1>his statement in writing. In writing his narrative of events,

0:36:25.760 --> 0:36:30.400
<v Speaker 1>Mackenzie brought his authorial experience to bear to ill effect

0:36:31.239 --> 0:36:36.160
<v Speaker 1>the document was bloated full of tangents and philosophical musings.

0:36:36.960 --> 0:36:41.040
<v Speaker 1>Mackenzie's own legal counselor despaired of the narrative, calling it

0:36:41.320 --> 0:36:47.759
<v Speaker 1>quote a diabolical document. People wondered if, given the document's

0:36:47.800 --> 0:36:52.600
<v Speaker 1>excessive length, the captain was protesting a little too hard,

0:36:53.440 --> 0:36:57.759
<v Speaker 1>but the testimony of Mackenzie's officers supported their captain. Their

0:36:57.800 --> 0:37:02.400
<v Speaker 1>stories were consistent with Mackenzie's narrati of On January twenty eighth,

0:37:02.880 --> 0:37:06.280
<v Speaker 1>the day that would have been Philip Spencer's nineteenth birthday,

0:37:06.920 --> 0:37:11.520
<v Speaker 1>the Court of Inquiry announced their findings. They concluded that

0:37:11.800 --> 0:37:15.719
<v Speaker 1>quote the immediate execution of the prisoners was demanded by

0:37:15.800 --> 0:37:21.080
<v Speaker 1>duty and justified by necessity. It was a victory for McKenzie,

0:37:22.080 --> 0:37:26.960
<v Speaker 1>but this was just the first battle. John Spencer, along

0:37:27.000 --> 0:37:31.359
<v Speaker 1>with Samuel Cromwell's widow Margaret, were pushing to have Mackenzie

0:37:31.400 --> 0:37:35.000
<v Speaker 1>tried for murder in a civilian court, but a judge

0:37:35.080 --> 0:37:37.799
<v Speaker 1>ruled that a civilian court did not have jurisdiction over

0:37:37.840 --> 0:37:42.360
<v Speaker 1>the case. Only a military court did. That meant a

0:37:42.400 --> 0:37:47.560
<v Speaker 1>court martial. Mackenzie himself had requested a court martial, believing

0:37:47.600 --> 0:37:50.799
<v Speaker 1>that it would clear his name and believing that a

0:37:50.840 --> 0:37:55.120
<v Speaker 1>civilian jury might not understand what he called his quote

0:37:55.480 --> 0:38:01.040
<v Speaker 1>conscientious performance of my duty. Secretary Upsher agreed, and on

0:38:01.120 --> 0:38:05.680
<v Speaker 1>February second, eighteen forty three, Commander Mackenzie's court marcial began.

0:38:07.160 --> 0:38:11.120
<v Speaker 1>It took place at the Brooklyn Navy Yard, first Aboardisteship,

0:38:11.680 --> 0:38:15.480
<v Speaker 1>and then when the audience grew too large, in the chapel.

0:38:16.680 --> 0:38:21.160
<v Speaker 1>The Navy charged Mackenzie with five crimes murder for the

0:38:21.239 --> 0:38:24.880
<v Speaker 1>killing of Philip Spencer, oppression for the killing of Samuel

0:38:24.920 --> 0:38:29.360
<v Speaker 1>Cromwell without sufficient cause, illegal punishment for the killing of

0:38:29.400 --> 0:38:34.400
<v Speaker 1>Elishah Small, conduct unbecoming an officer for his treatment of

0:38:34.440 --> 0:38:39.200
<v Speaker 1>Philip Spencer before his execution, and cruelty, and oppression for

0:38:39.280 --> 0:38:44.760
<v Speaker 1>his excessive punishment of his entire crew throughout the voyage.

0:38:44.920 --> 0:38:49.120
<v Speaker 1>Eleven high ranking naval officers served as jurors on the case,

0:38:49.920 --> 0:38:53.279
<v Speaker 1>serving in the prosecutor's role called in this context. The

0:38:53.400 --> 0:38:58.040
<v Speaker 1>judge advocate was William M. Norris, a lawyer from Baltimore.

0:38:58.920 --> 0:39:01.760
<v Speaker 1>Little is known about Dorris or how he was chosen

0:39:01.840 --> 0:39:06.160
<v Speaker 1>for this role. It was a difficult job. Norris had

0:39:06.200 --> 0:39:10.000
<v Speaker 1>to go into the trial completely unprepared because none of

0:39:10.040 --> 0:39:13.280
<v Speaker 1>the Summers's officers would speak to him before the trial,

0:39:14.400 --> 0:39:19.200
<v Speaker 1>but Norris was tireless and determined. Over the next five weeks,

0:39:19.239 --> 0:39:24.560
<v Speaker 1>he relentlessly questioned the witnesses. The testimony could be repetitive

0:39:24.840 --> 0:39:29.120
<v Speaker 1>and tedious. Norris did not know who had valuable information

0:39:29.600 --> 0:39:36.440
<v Speaker 1>until he managed to uncover it. But uncover it he did, slowly, steadily,

0:39:37.000 --> 0:39:40.280
<v Speaker 1>Norris began to poke holes in the rock solid story

0:39:40.320 --> 0:39:45.080
<v Speaker 1>of impending mutiny. One of Norris's main themes was how

0:39:45.200 --> 0:39:49.719
<v Speaker 1>little evidence the captain and officers actually had. During his

0:39:49.800 --> 0:39:54.839
<v Speaker 1>examination of First Lieutenant Gansuwort, Norris asked if ganzi Ort,

0:39:55.280 --> 0:39:58.520
<v Speaker 1>in all the hours he spent guarding Spencer on deck,

0:39:59.000 --> 0:40:03.319
<v Speaker 1>had ever tried to question Spencer about the plan. If

0:40:03.320 --> 0:40:07.319
<v Speaker 1>you made no inquiries of Spencer, Norris asked, what did

0:40:07.360 --> 0:40:10.520
<v Speaker 1>you do in pursuance of the Commander's instructions to find

0:40:10.560 --> 0:40:13.360
<v Speaker 1>out from mister Spencer what you could as to the mutiny?

0:40:14.320 --> 0:40:18.400
<v Speaker 1>Ganzi Ort could only answer, I inquired among the crew.

0:40:20.360 --> 0:40:24.360
<v Speaker 1>Ganzi Ort had, also, on Mackenzie's orders, followed Philip Spencer

0:40:24.400 --> 0:40:29.480
<v Speaker 1>around on November twenty sixth. His observations, he testified, had

0:40:29.520 --> 0:40:32.520
<v Speaker 1>convinced him that Philip Spencer was up to no good.

0:40:33.719 --> 0:40:38.160
<v Speaker 1>But Norris revealed how flimsy these observations really were. He

0:40:38.280 --> 0:40:42.200
<v Speaker 1>asked gans of Ort, quote, was mister Spencer till the

0:40:42.239 --> 0:40:45.400
<v Speaker 1>time of his arrest engaged in the usual duties of

0:40:45.440 --> 0:40:49.640
<v Speaker 1>an officer of his station? Ganzi Ort admitted that Spencer

0:40:49.840 --> 0:40:53.120
<v Speaker 1>had been, with the exception of getting a tattoo from

0:40:53.160 --> 0:40:57.920
<v Speaker 1>a crew member. Sailor getting a tattoo was hardly unusual.

0:40:58.920 --> 0:41:02.360
<v Speaker 1>Ganza Ort also claim that Spencer had given him quote

0:41:02.640 --> 0:41:08.360
<v Speaker 1>a menacing look and displayed, quote, the most infernal expression

0:41:08.400 --> 0:41:11.880
<v Speaker 1>I have ever beheld on a human face. Was this

0:41:12.000 --> 0:41:16.279
<v Speaker 1>the kind of evidence that justified executing a man? And

0:41:16.360 --> 0:41:21.080
<v Speaker 1>what about proof of Cromwell's involvement? Norris got Ganziwort to

0:41:21.120 --> 0:41:25.239
<v Speaker 1>admit that Cromwell's name never appeared on Spencer's alleged list

0:41:25.280 --> 0:41:31.240
<v Speaker 1>of conspirators. Not only had the investigation been shoddy, Norris implied,

0:41:31.719 --> 0:41:34.760
<v Speaker 1>but it had also trampled on the prisoner's civil rights.

0:41:35.560 --> 0:41:38.799
<v Speaker 1>From the time of Spencer's arrest to the time of

0:41:38.840 --> 0:41:43.640
<v Speaker 1>his execution, did any officer explain to mister Spencer his

0:41:43.760 --> 0:41:48.320
<v Speaker 1>situation and what was contemplated in respect to him? Norris

0:41:48.400 --> 0:41:54.000
<v Speaker 1>asked ganz of Ort. Ganza Ort said no, neither had

0:41:54.080 --> 0:41:58.360
<v Speaker 1>Cromwell nor Small been warned that they were on trial

0:41:58.480 --> 0:42:02.960
<v Speaker 1>for their lives until the sentence had already been passed.

0:42:04.360 --> 0:42:07.319
<v Speaker 1>Norris pushed the officers as to why they had not

0:42:07.520 --> 0:42:11.720
<v Speaker 1>sought a solution other than execution. Had the officers ever

0:42:11.800 --> 0:42:15.560
<v Speaker 1>considered just trying to reach a port they were in

0:42:15.640 --> 0:42:18.400
<v Speaker 1>the West Indies when they first learned of the mutiny

0:42:19.000 --> 0:42:25.120
<v Speaker 1>nearby islands abounded. Norris asked Acting Master Matthew Perry, the

0:42:25.160 --> 0:42:28.600
<v Speaker 1>twenty one year old son of Commodore Perry, why they

0:42:28.640 --> 0:42:31.160
<v Speaker 1>had not tried to take the ship into harbor and

0:42:31.280 --> 0:42:35.399
<v Speaker 1>get help in suppressing the alleged mutiny. Was discussed as

0:42:35.400 --> 0:42:38.440
<v Speaker 1>to whether she could be taken into Saint Thomas. Matthew

0:42:38.480 --> 0:42:42.480
<v Speaker 1>replied Saint Thomas at this time was a Danish colony,

0:42:43.160 --> 0:42:45.239
<v Speaker 1>but the officers did not want to go to Saint

0:42:45.280 --> 0:42:49.800
<v Speaker 1>Thomas for help or any other foreign island, because, Matthew

0:42:49.880 --> 0:42:54.480
<v Speaker 1>explained quote, it would be a disgrace to the United States,

0:42:55.080 --> 0:42:58.960
<v Speaker 1>the Navy, and particularly to the officers if an American

0:42:59.040 --> 0:43:02.880
<v Speaker 1>man of war could not protect herself. A few men's

0:43:02.960 --> 0:43:06.640
<v Speaker 1>lives were a small price to pay to save face.

0:43:07.080 --> 0:43:11.520
<v Speaker 1>It seemed many in the public believed that fear had

0:43:11.560 --> 0:43:14.799
<v Speaker 1>been a motivator in the officer's decision, fear for their

0:43:14.880 --> 0:43:18.640
<v Speaker 1>lives and for the lives of the crew, But Norris

0:43:18.680 --> 0:43:21.520
<v Speaker 1>pointed out that some of their behavior before the execution

0:43:21.920 --> 0:43:26.480
<v Speaker 1>did not hint a true fear. All the officers cited

0:43:26.520 --> 0:43:29.800
<v Speaker 1>the incident of the collapsing mast as proof that danger

0:43:29.920 --> 0:43:35.160
<v Speaker 1>was imminent. Norris asked Matthew Perry about the event. Matthew

0:43:35.200 --> 0:43:37.720
<v Speaker 1>had been below deck when he heard the ruckus above

0:43:37.880 --> 0:43:40.880
<v Speaker 1>and ran up to see what the matter was, but

0:43:41.040 --> 0:43:45.400
<v Speaker 1>he didn't arm himself before running up, and Norris reminded

0:43:45.440 --> 0:43:48.960
<v Speaker 1>Matthew for his testimony at the Court of Inquiry. After

0:43:49.000 --> 0:43:53.440
<v Speaker 1>seeing the situation, Matthew quote went below because he found

0:43:53.440 --> 0:43:57.480
<v Speaker 1>nothing to do if he really thought mutiny was imminent,

0:43:57.719 --> 0:44:01.120
<v Speaker 1>Norris asked Matthew Perry, would it not have been your

0:44:01.200 --> 0:44:06.560
<v Speaker 1>duty to remain on deck. There were also troubling inconsistencies

0:44:06.560 --> 0:44:11.160
<v Speaker 1>in the officer's stories. While investigating the case, Norris had

0:44:11.239 --> 0:44:15.200
<v Speaker 1>learned that before the execution, Mackenzie had transcribed a letter

0:44:15.239 --> 0:44:20.319
<v Speaker 1>from Spencer to his family, but in his narrative, Mackenzie

0:44:20.320 --> 0:44:24.000
<v Speaker 1>claimed that this had never happened, that Spencer had declined

0:44:24.040 --> 0:44:27.720
<v Speaker 1>to write a letter, and the Spencer family had never

0:44:27.800 --> 0:44:32.759
<v Speaker 1>received a letter. Initially, the officers had backed up their

0:44:32.800 --> 0:44:38.279
<v Speaker 1>captain's claims, but Norris, armed with his discoveries, pushed the

0:44:38.360 --> 0:44:42.839
<v Speaker 1>officers for the truth. Oliver Perry, the seventeen year old

0:44:42.880 --> 0:44:47.880
<v Speaker 1>commander's clerk and another son of Matthew Perry, initially testified

0:44:47.920 --> 0:44:51.600
<v Speaker 1>that he had not seen any writing, but under pressure

0:44:52.200 --> 0:44:56.000
<v Speaker 1>he admitted that he actually had. In the face of

0:44:56.040 --> 0:45:00.360
<v Speaker 1>Oliver's testimony, Mackenzie now admitted that he had helped Spencer

0:45:00.400 --> 0:45:04.920
<v Speaker 1>write a letter. Two more men, Edbert Thompson and Daniel McKinley,

0:45:05.160 --> 0:45:08.840
<v Speaker 1>confirmed that they had seen the pair writing something. Where

0:45:08.960 --> 0:45:15.360
<v Speaker 1>was this letter? The letter would appear under strange circumstances

0:45:15.800 --> 0:45:20.279
<v Speaker 1>Almost a week later, on March fourteenth, Mackenzie said he

0:45:20.320 --> 0:45:23.160
<v Speaker 1>was too ill to come to court and the court

0:45:23.200 --> 0:45:27.839
<v Speaker 1>martial was adjourned. This continued for three days. The court

0:45:27.880 --> 0:45:31.800
<v Speaker 1>would assemble only to receive a note excusing Mackenzie from appearing.

0:45:32.640 --> 0:45:36.240
<v Speaker 1>These notes were all signed by the Summers surgeon, Richard

0:45:36.320 --> 0:45:42.520
<v Speaker 1>Lee Cock. Eventually, on March seventeenth, Mackenzie showed up, bringing

0:45:42.560 --> 0:45:45.080
<v Speaker 1>with him a document that he claimed was the one

0:45:45.120 --> 0:45:48.120
<v Speaker 1>he had written with Spencer on the day of the execution.

0:45:49.600 --> 0:45:54.280
<v Speaker 1>This document is baffling, to say the least. It reads

0:45:54.320 --> 0:45:57.480
<v Speaker 1>like a stream of consciousness of the hours leading up

0:45:57.520 --> 0:46:02.160
<v Speaker 1>to the execution. Occasionally the narrator seems to be Philip Spencer,

0:46:02.680 --> 0:46:08.439
<v Speaker 1>but Mackenzie's voice dominates. The writing is nearly illegible, many

0:46:08.520 --> 0:46:12.920
<v Speaker 1>sentences are fragmented, and there is no reference to Spencer's family.

0:46:14.040 --> 0:46:17.440
<v Speaker 1>Was this really the letter that Philip Spencer had dictated

0:46:17.480 --> 0:46:22.440
<v Speaker 1>in his final hour? William Norris did not think so.

0:46:23.440 --> 0:46:26.920
<v Speaker 1>He thought that Mackenzie, caught in a lie, had called

0:46:26.960 --> 0:46:29.720
<v Speaker 1>in sick and used the time to write a letter.

0:46:30.560 --> 0:46:35.240
<v Speaker 1>If Mackenzie was lying about this, Norris wondered what else

0:46:35.520 --> 0:46:39.840
<v Speaker 1>was he lying about, but time to find out was limited.

0:46:40.520 --> 0:46:43.680
<v Speaker 1>The patience of the court, after nearly two months of

0:46:43.719 --> 0:46:48.560
<v Speaker 1>repetitive testimony, was running out. On March twenty first, Norris

0:46:48.560 --> 0:46:52.359
<v Speaker 1>told the court that he was resting his case. The

0:46:52.360 --> 0:46:56.040
<v Speaker 1>next day, Mackenzie's lawyer, George Griffin, presented the case for

0:46:56.080 --> 0:47:00.279
<v Speaker 1>the defense. He would not be calling more witnesses, viewing

0:47:00.360 --> 0:47:04.520
<v Speaker 1>the evidence, and arguing his client's position. Griffin was a

0:47:04.560 --> 0:47:08.319
<v Speaker 1>skilled lawyer and a passionate speaker. He spoke for an

0:47:08.440 --> 0:47:13.040
<v Speaker 1>hour and a half, enthralling his audience, taking them on

0:47:13.120 --> 0:47:16.239
<v Speaker 1>to the Summers. In those trying days before the execution,

0:47:17.239 --> 0:47:20.600
<v Speaker 1>a nation's honor was at stake. Griffin told the court,

0:47:21.640 --> 0:47:24.880
<v Speaker 1>a vessel which had been consecrated as a defender of

0:47:24.920 --> 0:47:28.399
<v Speaker 1>her country's glory and one of the protectors of the

0:47:28.440 --> 0:47:33.160
<v Speaker 1>great commonwealth of civilized man, was about to be torn

0:47:33.239 --> 0:47:37.800
<v Speaker 1>from her sphere and let loose a lawless wanderer upon

0:47:37.920 --> 0:47:42.399
<v Speaker 1>the deep, carrying along in her devious course like a

0:47:42.440 --> 0:47:48.360
<v Speaker 1>comet loosened from its orbit, devastation and terror and death.

0:47:49.880 --> 0:47:53.759
<v Speaker 1>In the face of such a grave threat, what could

0:47:53.840 --> 0:47:59.000
<v Speaker 1>Mackenzie do but take immediate action? Griffin asked the court

0:47:59.120 --> 0:48:04.520
<v Speaker 1>not to punish Mackenzie, but to commend him. Mackenzie, in

0:48:04.600 --> 0:48:10.480
<v Speaker 1>Griffin's words, had quenched the flame of mutiny. He had

0:48:10.560 --> 0:48:16.279
<v Speaker 1>saved not only the Summers but all future navy's ships

0:48:16.320 --> 0:48:23.279
<v Speaker 1>from quote the demoralizing, destructive principle of insubordination. It was

0:48:23.320 --> 0:48:28.759
<v Speaker 1>a powerful emotional message, especially to the career navymen who

0:48:28.840 --> 0:48:33.600
<v Speaker 1>sat in judgment of Mackenzie. Over the next five days,

0:48:33.640 --> 0:48:37.640
<v Speaker 1>all of the testimony was read aloud again. Then, on

0:48:37.719 --> 0:48:42.919
<v Speaker 1>March twenty seventh, William Norris presented his summation. Norris said

0:48:43.000 --> 0:48:47.440
<v Speaker 1>Mackenzie was not a defender of American values, he was

0:48:47.480 --> 0:48:52.040
<v Speaker 1>a destroyer of them. Though the military code was different

0:48:52.040 --> 0:48:56.040
<v Speaker 1>from the civil law, Norris acknowledged naval men are still

0:48:56.239 --> 0:49:00.960
<v Speaker 1>quote shielded by guaranteed privileges. The law tells of a

0:49:01.040 --> 0:49:05.280
<v Speaker 1>legally constituted court of the right of challenging the judges,

0:49:05.840 --> 0:49:11.080
<v Speaker 1>of examination and confrontment of witnesses. Whether or not Philip

0:49:11.080 --> 0:49:14.560
<v Speaker 1>Spencer had really planned a mutiny, and Norris did not

0:49:14.640 --> 0:49:19.200
<v Speaker 1>believe he had. Spencer was still due these sacred rights.

0:49:20.000 --> 0:49:24.400
<v Speaker 1>Public ships are creatures of the law, Norris concluded, and

0:49:24.560 --> 0:49:28.040
<v Speaker 1>meant to sustain it and not to overstretch it. The

0:49:28.200 --> 0:49:33.320
<v Speaker 1>Navy's officers are sworn to sustain the constitution, but Mackenzie

0:49:33.360 --> 0:49:37.239
<v Speaker 1>had not upheld the law. Norris argued he had put

0:49:37.360 --> 0:49:42.279
<v Speaker 1>himself above it. The panel of Navy officers deliberated for

0:49:42.360 --> 0:49:46.320
<v Speaker 1>five days and then delivered their verdict on April first.

0:49:47.280 --> 0:49:49.719
<v Speaker 1>They had made the same finding for each one of

0:49:49.760 --> 0:49:53.880
<v Speaker 1>the five charges Mackenzie faced on the charges of murder,

0:49:54.160 --> 0:50:00.880
<v Speaker 1>illegal punishment, oppression, conduct, unbecoming an officer, and cruelty. Commander

0:50:00.960 --> 0:50:10.080
<v Speaker 1>Alexander Slidell McKenzie was found not guilty. The verdict had

0:50:10.120 --> 0:50:15.040
<v Speaker 1>not been unanimous. General court martials did not and still

0:50:15.080 --> 0:50:19.440
<v Speaker 1>do not, require unanimity for a guilty verdict, only a

0:50:19.520 --> 0:50:24.120
<v Speaker 1>two thirds majority. The panel of jurors concluded that Norris

0:50:24.200 --> 0:50:27.640
<v Speaker 1>had not addressed the fourth and fifth charges, those of

0:50:27.760 --> 0:50:31.240
<v Speaker 1>unbecoming conduct and cruelty for the general treatment of the crew.

0:50:31.920 --> 0:50:34.360
<v Speaker 1>On the charge of illegal punishment for the hanging of

0:50:34.360 --> 0:50:39.880
<v Speaker 1>Elishah Small, the jurors unanimously acquitted mackenzie. On the charge

0:50:39.880 --> 0:50:43.040
<v Speaker 1>of murder for the hanging of Philip Spencer. The jurors

0:50:43.040 --> 0:50:46.719
<v Speaker 1>split nine to three in favor of acquittal. On the

0:50:46.800 --> 0:50:49.840
<v Speaker 1>charge of oppression for the hanging of Samuel Cromwell, the

0:50:49.960 --> 0:50:53.960
<v Speaker 1>jury voted eight to four to acquit. The military also

0:50:54.040 --> 0:50:58.200
<v Speaker 1>decided to release the remaining sailors whom mackenzie had ordered arrested.

0:50:59.200 --> 0:51:02.719
<v Speaker 1>On March twenty nine, ninth, President John Tyler's cabinet met

0:51:02.760 --> 0:51:06.680
<v Speaker 1>to discuss the verdict. The other members encouraged John Spencer

0:51:06.800 --> 0:51:11.680
<v Speaker 1>to recuse himself from the meeting. He did not. Secretary

0:51:11.680 --> 0:51:14.840
<v Speaker 1>of the Navy Abel Upsher recommended that he and Tyler

0:51:14.960 --> 0:51:19.760
<v Speaker 1>publicly declare that the verdict was an honorable acquittal. Upsher's

0:51:19.760 --> 0:51:23.400
<v Speaker 1>support from Mackenzie apparently led to a full blown physical

0:51:23.440 --> 0:51:26.919
<v Speaker 1>fight between himself and John Spencer, which the President had

0:51:26.920 --> 0:51:31.000
<v Speaker 1>to break up. President Tyler himself was not happy about

0:51:31.000 --> 0:51:34.319
<v Speaker 1>the verdict. He had read the court martial transcript and

0:51:34.440 --> 0:51:37.600
<v Speaker 1>believed that Mackenzie ought to have been found guilty, but

0:51:37.719 --> 0:51:42.640
<v Speaker 1>his hands were tied under the constitutional prohibition against double jeopardy.

0:51:43.120 --> 0:51:46.080
<v Speaker 1>Mackenzie could not be retried for a crime he had

0:51:46.120 --> 0:51:49.359
<v Speaker 1>been acquitted of, and Tyler did believe that the court

0:51:49.400 --> 0:51:53.440
<v Speaker 1>proceedings had been fair. Nonetheless, the President made his true

0:51:53.560 --> 0:51:57.919
<v Speaker 1>feelings clear. As long as my power should last, he said,

0:51:58.480 --> 0:52:02.319
<v Speaker 1>Mackenzie should never be a trusted with another command. He

0:52:02.400 --> 0:52:05.680
<v Speaker 1>publicly approved the verdict, but refused to call it an

0:52:05.719 --> 0:52:12.400
<v Speaker 1>honorable acquittal. Despite the President's criticisms, many people supported Mackenzie.

0:52:12.440 --> 0:52:15.400
<v Speaker 1>A public fund was taken up to cover his legal fees.

0:52:16.160 --> 0:52:20.520
<v Speaker 1>The famous poet Henry Wadsworth Longfellow, author of poems such

0:52:20.520 --> 0:52:26.799
<v Speaker 1>as Paul Revere's Ride, was just one of Mackenzie's prominent fans. Longfellow,

0:52:26.920 --> 0:52:30.799
<v Speaker 1>who knew Mackenzie through Washington. Irving wrote to Mackenzie after

0:52:30.840 --> 0:52:35.560
<v Speaker 1>the court martial, saying, quote, the voice of all upright men,

0:52:35.920 --> 0:52:40.839
<v Speaker 1>the common consent of all the good is with you. Mackenzie,

0:52:41.080 --> 0:52:46.680
<v Speaker 1>delighted and apparently remorseless, replied with the suggestion that Longfellow

0:52:46.719 --> 0:52:51.440
<v Speaker 1>write an epic poem about the USS Summers. But Mackenzie's

0:52:51.480 --> 0:52:54.719
<v Speaker 1>reputation was permanently painted by the Events on the Summers.

0:52:55.680 --> 0:52:59.080
<v Speaker 1>This was in part thanks to another famous literary figure,

0:52:59.760 --> 0:53:03.560
<v Speaker 1>one who made his disgust with the acquittal public in

0:53:03.719 --> 0:53:09.239
<v Speaker 1>impressive form. James Fenimore Cooper, best known today as the

0:53:09.280 --> 0:53:12.680
<v Speaker 1>author of the Last of the Mohicans, had pre existing

0:53:12.719 --> 0:53:16.840
<v Speaker 1>beef with Mackenzie. The two had disagreed over Cooper's writings

0:53:16.880 --> 0:53:20.520
<v Speaker 1>about the Battle of Lake Erie. Cooper had served in

0:53:20.560 --> 0:53:25.000
<v Speaker 1>the Navy himself and felt uniquely qualified to judge Mackenzie's actions,

0:53:26.000 --> 0:53:29.480
<v Speaker 1>believing that his insights might be helpful to others. Cooper

0:53:29.520 --> 0:53:33.160
<v Speaker 1>published two extensive dissections of the events on the Summers

0:53:33.280 --> 0:53:37.720
<v Speaker 1>and the proceedings of the court martial. In the dramatically

0:53:37.800 --> 0:53:42.279
<v Speaker 1>titled The Crews of the Summers Illustrative of the Despotism

0:53:42.320 --> 0:53:46.759
<v Speaker 1>of the Quarterdeck and of the unmanly conduct of Commander Mackenzie.

0:53:47.480 --> 0:53:52.600
<v Speaker 1>Cooper methodically exposed the absurdity of the mutiny claims. The

0:53:52.680 --> 0:53:56.799
<v Speaker 1>truth is, Cooper wrote, the story is an exaggeration. For

0:53:56.920 --> 0:53:59.879
<v Speaker 1>all the testimony gathered by the officers from the crew,

0:54:00.080 --> 0:54:04.840
<v Speaker 1>Cooper noted quote, not an individual gives any fact to

0:54:04.880 --> 0:54:09.839
<v Speaker 1>corroborate his suspicions. He criticized the investigation, noting that it

0:54:09.880 --> 0:54:13.560
<v Speaker 1>was on shaky grounds from the very beginning. Why had

0:54:13.560 --> 0:54:17.640
<v Speaker 1>Commander Mackenzie so readily accepted the words of the purser's steward,

0:54:17.920 --> 0:54:23.399
<v Speaker 1>James Wales? Besides a personal dislike of Philip Spencer? What

0:54:23.520 --> 0:54:28.399
<v Speaker 1>made his character so inherently less trustworthy than Wales's? Yes,

0:54:28.880 --> 0:54:33.240
<v Speaker 1>Spencer had a record, but so it emerged, did Wales.

0:54:34.640 --> 0:54:38.560
<v Speaker 1>The summer before the Summers's first official mission, Mackenzie had

0:54:38.560 --> 0:54:41.720
<v Speaker 1>taken the ship for a practice run to Puerto Rico.

0:54:41.880 --> 0:54:45.080
<v Speaker 1>While there, James Wales had gotten mixed up in some

0:54:45.120 --> 0:54:49.200
<v Speaker 1>sort of trouble, serious enough that Mackenzie acknowledged it in

0:54:49.280 --> 0:54:53.799
<v Speaker 1>his narrative of events. Why was Wales's word taken as

0:54:53.880 --> 0:55:00.440
<v Speaker 1>gospel while Cromwell, Small and Spencer were disbelieved? Cooper after

0:55:00.480 --> 0:55:04.680
<v Speaker 1>walking through each piece of supposed evidence, from the flimsy

0:55:04.800 --> 0:55:10.239
<v Speaker 1>importance of infernal expressions to the likely innocent explanation for

0:55:10.280 --> 0:55:16.200
<v Speaker 1>the mast's collapse, dove into the captain's psychological motivations. Many

0:55:16.200 --> 0:55:20.520
<v Speaker 1>people had attributed Mackenzie's harsh decision to fear, but we

0:55:20.560 --> 0:55:25.160
<v Speaker 1>should remember, Cooper wrote that peril is the very thing

0:55:25.320 --> 0:55:30.680
<v Speaker 1>a sailor expects to meet, wishes to meet. Indeed, wherever

0:55:30.760 --> 0:55:34.680
<v Speaker 1>he goes, he expects to face danger that requires more

0:55:34.760 --> 0:55:39.440
<v Speaker 1>than a landsman's nerve to meet. Despite the ship's isolation

0:55:39.680 --> 0:55:43.640
<v Speaker 1>and the tense circumstances, Cooper believed that a true naval

0:55:43.640 --> 0:55:46.720
<v Speaker 1>officer should be better equipped to deal with such events

0:55:46.800 --> 0:55:51.160
<v Speaker 1>than anyone else. Cooper also discussed a troubling point that

0:55:51.200 --> 0:55:55.000
<v Speaker 1>had emerged during the court martial. Horace High School, the

0:55:55.040 --> 0:55:59.040
<v Speaker 1>purser had been in charge of transcribing the officer's interviews

0:55:59.040 --> 0:56:04.439
<v Speaker 1>with crewmen during his testimony. High School acknowledged that some

0:56:04.520 --> 0:56:08.280
<v Speaker 1>of the transcripts had been edited after the interviews concluded.

0:56:09.160 --> 0:56:13.400
<v Speaker 1>This loose manner of taking down such important testimony, Cooper wrote,

0:56:14.000 --> 0:56:17.280
<v Speaker 1>is not only illustrative of the want of a decent

0:56:17.360 --> 0:56:20.560
<v Speaker 1>regard for the rights of the accused and for public opinion,

0:56:21.400 --> 0:56:24.920
<v Speaker 1>but very justly lays the published account of it open

0:56:25.040 --> 0:56:32.640
<v Speaker 1>to grave suspicions. These suspicions would later be confirmed. A crewman,

0:56:32.920 --> 0:56:37.520
<v Speaker 1>George Washington Warner, told his nephew, the journalist Frederick F.

0:56:37.640 --> 0:56:41.040
<v Speaker 1>Van der Water, that the officers had fabricated part of

0:56:41.080 --> 0:56:46.440
<v Speaker 1>his testimony. Warner, who had been flogged by Cromwell, had

0:56:46.480 --> 0:56:50.120
<v Speaker 1>told the officers that he would hang Cromwell if he could.

0:56:50.520 --> 0:56:54.200
<v Speaker 1>When the officers asked why, Warner said he'd just disliked

0:56:54.239 --> 0:56:59.319
<v Speaker 1>the man. But this answer didn't satisfy the officers. They

0:56:59.360 --> 0:57:02.960
<v Speaker 1>pushed Warren to say he believed Cromwell was guilty of mutiny.

0:57:03.840 --> 0:57:07.960
<v Speaker 1>When he would not, they dismissed him. When Warner next

0:57:07.960 --> 0:57:11.560
<v Speaker 1>saw his testimony, someone had put in their own answer,

0:57:11.840 --> 0:57:16.360
<v Speaker 1>attributing it to him. Now. When asked why he believed

0:57:16.400 --> 0:57:21.040
<v Speaker 1>Cromwell should be hanged, the paper showed Warner saying, quote,

0:57:21.600 --> 0:57:27.200
<v Speaker 1>because I believe him guilty. This example is a neat

0:57:27.280 --> 0:57:32.160
<v Speaker 1>illustration of the whole story of the USS Summers. From

0:57:32.160 --> 0:57:37.520
<v Speaker 1>the beginning, Commander Mackenzie had believed Philip Spencer guilty, guilty

0:57:37.560 --> 0:57:40.960
<v Speaker 1>of what exactly he did not know, but when he

0:57:41.040 --> 0:57:44.080
<v Speaker 1>was given an opportunity to rid himself of a troublesome,

0:57:44.320 --> 0:57:50.160
<v Speaker 1>disliked officer, Mackenzie did not hesitate. This isn't to discount

0:57:50.160 --> 0:57:53.280
<v Speaker 1>the very real fear the officers of the Summers may

0:57:53.360 --> 0:57:57.040
<v Speaker 1>have felt at the idea of a mutiny, but Cooper's

0:57:57.080 --> 0:58:00.880
<v Speaker 1>point that naval men ought to be more for danger

0:58:01.000 --> 0:58:05.520
<v Speaker 1>than other men is a revealing one. Both he and

0:58:05.640 --> 0:58:09.000
<v Speaker 1>William Norris pointed out that the heightened powers of a

0:58:09.040 --> 0:58:14.320
<v Speaker 1>military commander should not give him greater leeway to act. Instead,

0:58:14.560 --> 0:58:18.760
<v Speaker 1>it should subject him to stricter scrutiny. In other words,

0:58:19.320 --> 0:58:24.960
<v Speaker 1>with great power comes great responsibility. This is particularly true

0:58:25.000 --> 0:58:29.360
<v Speaker 1>when those under your command are mainly children. The two

0:58:29.520 --> 0:58:34.400
<v Speaker 1>experienced officers aboard, Commander Mackenzie and First Lieutenant ganzi Ort,

0:58:34.880 --> 0:58:39.280
<v Speaker 1>should have remembered that their accused criminal was a fanciful teenager,

0:58:40.120 --> 0:58:43.560
<v Speaker 1>and they should not have asked the officers, many of

0:58:43.560 --> 0:58:49.080
<v Speaker 1>whom were teenagers themselves, to pass a death sentence. For

0:58:49.160 --> 0:58:53.720
<v Speaker 1>Ganziwort's part, he seemed haunted by the whole ordeal. He

0:58:53.760 --> 0:58:57.160
<v Speaker 1>would later be disciplined for drinking on the job and

0:58:57.480 --> 0:59:00.000
<v Speaker 1>during the Civil War for running a sloop he could

0:59:00.000 --> 0:59:04.760
<v Speaker 1>demanded a ground. He never held command again and died

0:59:04.800 --> 0:59:09.800
<v Speaker 1>in eighteen sixty eight. Ganzafort was not the only officer

0:59:10.040 --> 0:59:14.520
<v Speaker 1>to apparently struggle with what happened on the Summers. On

0:59:14.640 --> 0:59:19.200
<v Speaker 1>March thirty first, eighteen forty three, shortly before the verdict

0:59:19.200 --> 0:59:23.440
<v Speaker 1>in the court martial was announced, Richard Leacock, the twenty

0:59:23.480 --> 0:59:26.840
<v Speaker 1>eight year old ships surgeon who had both recommended the

0:59:26.880 --> 0:59:31.560
<v Speaker 1>executions and written Mackenzie's sick notes during the court martial,

0:59:32.560 --> 0:59:38.920
<v Speaker 1>killed himself aboard the Summers. Mackenzie, on the other hand,

0:59:38.960 --> 0:59:44.600
<v Speaker 1>never stopped defending himself. True to President Tyler's word, Mackenzie

0:59:44.640 --> 0:59:49.000
<v Speaker 1>did not command another ship during that president's tenure. He

0:59:49.040 --> 0:59:53.160
<v Speaker 1>spent this time at home working on his books. Then,

0:59:53.640 --> 0:59:56.680
<v Speaker 1>during the Mexican War, he was given command of a

0:59:56.720 --> 1:00:00.840
<v Speaker 1>steam freighter. This command seems to have passed without incident.

1:00:01.760 --> 1:00:07.320
<v Speaker 1>On September thirteenth, eighteen forty eight, Alexander Mackenzie died suddenly

1:00:07.320 --> 1:00:12.640
<v Speaker 1>at home of a heart attack, aged forty five. Three

1:00:12.720 --> 1:00:17.240
<v Speaker 1>years earlier, in eighteen forty five, the Navy had finally

1:00:17.400 --> 1:00:23.200
<v Speaker 1>established a permanent, comprehensive officer training school. This school now

1:00:23.280 --> 1:00:27.439
<v Speaker 1>the United States Naval Academy at Annapolis, Maryland, traces its

1:00:27.480 --> 1:00:32.000
<v Speaker 1>history in part to the Summers. Per the Academy's website

1:00:32.160 --> 1:00:36.120
<v Speaker 1>quote the incident cast doubt over the wisdom of sending

1:00:36.200 --> 1:00:41.200
<v Speaker 1>midshipmen directly aboard ship to learn. By doing so, mackenzie

1:00:41.200 --> 1:00:44.760
<v Speaker 1>had seen his hopes for an educated officer class realized.

1:00:45.720 --> 1:00:49.640
<v Speaker 1>But in a strange way, McKenzie had actually come closer

1:00:49.800 --> 1:00:55.040
<v Speaker 1>to achieving Philip Spencer's dreams than his own. McKenzie had

1:00:55.120 --> 1:00:59.000
<v Speaker 1>never become a truly famous author, nor risen to the

1:00:59.120 --> 1:01:03.360
<v Speaker 1>highest ranks of the Navy, but he had, by taking

1:01:03.400 --> 1:01:08.560
<v Speaker 1>the law into his own hands, become a pirate of sorts.

1:01:09.920 --> 1:01:14.440
<v Speaker 1>Justice there was none of on board the Summers, James

1:01:14.520 --> 1:01:20.400
<v Speaker 1>Fenimore Cooper wrote, A pirate's deck would have exhibited more mercy.

1:01:22.880 --> 1:01:26.080
<v Speaker 1>That's the story of the court martial of Commander Alexander

1:01:26.120 --> 1:01:30.040
<v Speaker 1>Slidel mackenzie. Stay with me after the break to learn

1:01:30.080 --> 1:01:33.400
<v Speaker 1>about how this case touched the life of yet another

1:01:33.680 --> 1:01:39.600
<v Speaker 1>famous author. Lieutenant Gerrett gans of Ort was part of

1:01:39.640 --> 1:01:44.280
<v Speaker 1>a prominent Dutch American family from New York. His grandfather,

1:01:44.520 --> 1:01:48.120
<v Speaker 1>Peter Gansavort, had served as a general in the Continental

1:01:48.240 --> 1:01:53.040
<v Speaker 1>Army during the Revolutionary War. Peter Gansibort had six children.

1:01:53.560 --> 1:01:57.439
<v Speaker 1>One of them, a son named Leonard, was Gerret Gansifort's father.

1:01:58.360 --> 1:02:03.520
<v Speaker 1>Another of Peter's children was a daughter, Maria. Maria married

1:02:03.560 --> 1:02:07.760
<v Speaker 1>a man named Allan. The couple would have eight children

1:02:07.840 --> 1:02:11.200
<v Speaker 1>of their own. The third was a boy who would

1:02:11.200 --> 1:02:15.680
<v Speaker 1>become perhaps the most well known chronicler of the nautical world,

1:02:16.520 --> 1:02:21.880
<v Speaker 1>Herman Melville. Melville, who was only seven years younger than

1:02:21.920 --> 1:02:26.400
<v Speaker 1>his cousin Garrett, was intimately familiar with the USS Summers.

1:02:26.880 --> 1:02:30.840
<v Speaker 1>He referenced the case in multiple works. The most direct

1:02:30.840 --> 1:02:35.120
<v Speaker 1>connection is in his posthumously published novella Billy Budd, which

1:02:35.160 --> 1:02:38.600
<v Speaker 1>tells the story of a British sailor who accidentally kills

1:02:38.680 --> 1:02:42.400
<v Speaker 1>a sadistic officer who has wrongfully accused Bud of plotting

1:02:42.400 --> 1:02:48.000
<v Speaker 1>a mutiny. Bud, in turn, is himself executed. The men

1:02:48.080 --> 1:02:52.400
<v Speaker 1>who hanged Bud, Melville writes, were brought to something more

1:02:52.520 --> 1:02:55.880
<v Speaker 1>or less akin to that harassed frame of mind, which

1:02:55.920 --> 1:03:00.280
<v Speaker 1>in the year eighteen forty two actuated the command of

1:03:00.320 --> 1:03:03.920
<v Speaker 1>the US brig of War Summers to resolve upon the

1:03:04.000 --> 1:03:09.560
<v Speaker 1>execution at sea of three men, Which resolution was carried out,

1:03:09.800 --> 1:03:13.160
<v Speaker 1>though in a time of peace and within not many

1:03:13.240 --> 1:03:17.600
<v Speaker 1>days sale of Home. Dryly, Melville says that the story

1:03:17.800 --> 1:03:22.440
<v Speaker 1>is quote cited without comment, though his sarcasm makes his

1:03:22.600 --> 1:03:27.120
<v Speaker 1>real feelings clear. Over the years, many have chosen to

1:03:27.160 --> 1:03:31.320
<v Speaker 1>comment more explicitly on the Summer's case. Some have supported

1:03:31.400 --> 1:03:36.320
<v Speaker 1>Mackenzie's choices, others have denounced them, But the story has

1:03:36.440 --> 1:03:41.120
<v Speaker 1>lingered on finding echoes in cases where questions of safety

1:03:41.280 --> 1:03:45.840
<v Speaker 1>are held up against the preservation of rights. Philip Spencer,

1:03:46.200 --> 1:03:50.280
<v Speaker 1>Samuel Cromwell, and Elijah Small may have been silenced by

1:03:50.280 --> 1:03:55.520
<v Speaker 1>a lack of due process, but their lives echo, As

1:03:55.640 --> 1:03:59.800
<v Speaker 1>James Fenimore Cooper so powerfully put it, though the prince

1:03:59.840 --> 1:04:03.960
<v Speaker 1>of perpetrator has safely passed the ordeal of a courtmercial,

1:04:04.720 --> 1:04:08.440
<v Speaker 1>the blood of the slain cries from out the deep,

1:04:09.040 --> 1:04:12.960
<v Speaker 1>and sooner or later will be heard, no matter what

1:04:13.120 --> 1:04:18.120
<v Speaker 1>attempts may be made to stifle it. Thank you for

1:04:18.200 --> 1:04:21.480
<v Speaker 1>listening to History on Trial. My main sources for this

1:04:21.600 --> 1:04:25.960
<v Speaker 1>episode were Richard Snow's book Sailing the Graveyard Seed, The

1:04:26.000 --> 1:04:29.920
<v Speaker 1>Deathly Voyage of the Summers, The US Navy's Only Mutiny

1:04:30.320 --> 1:04:34.160
<v Speaker 1>and the Trial that Gripped the Nation, and James Fenimore

1:04:34.200 --> 1:04:38.600
<v Speaker 1>Cooper's The Crews of the summers illustrative of the despotism

1:04:38.680 --> 1:04:42.520
<v Speaker 1>of the Quarterdeck and of the unmanly conduct of Commander Mackenzie.

1:04:43.000 --> 1:04:45.720
<v Speaker 1>For a full bibliography, as well as a transcript of

1:04:45.760 --> 1:04:50.000
<v Speaker 1>this episode with Citatis, please visit our website History on

1:04:50.280 --> 1:04:55.800
<v Speaker 1>Trial podcast dot com. History on Trial is written and

1:04:55.880 --> 1:04:59.640
<v Speaker 1>hosted by me Mira Hayward. The show is edited and

1:04:59.680 --> 1:05:03.680
<v Speaker 1>produced by Jesse Funk, with supervising producer Trevor Young and

1:05:03.800 --> 1:05:09.600
<v Speaker 1>executive producers Dana Schwartz, Alexander Williams, Matt Frederick, and Mira Hayward.

1:05:10.200 --> 1:05:13.400
<v Speaker 1>Learn more about the show at History on Trial podcast

1:05:13.600 --> 1:05:17.280
<v Speaker 1>dot com and follow us on Instagram at History on

1:05:17.360 --> 1:05:22.760
<v Speaker 1>Trial and on Twitter at Underscore History on Trial. Find

1:05:22.800 --> 1:05:28.120
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1:05:28.480 --> 1:06:00.360
<v Speaker 1>or wherever you listen to your favorite shows.