The Somers Affair was an incident on board the American brig while on a training mission in 1842 under Captain Alexander Slidell Mackenzie (1803-1848). Midshipman Philip Spencer (1823-1842) was accused of plotting a mutiny that would kill those who opposed him and then use the Somers as a very fast, well-armed pirate ship. Spencer was arrested and executed, along with two other alleged co-conspirators, Samuel Cromwell and Elisha Small, when the Somers was thirteen days away from shore. The three were hanged without a court-martial following a hastily assembled shipboard meeting. The ship then returned to New York. An inquiry and a court martial both cleared Mackenzie. There was enormous public attention, most of it unfavourable to Mackenzie.[1] [2]
The case is particularly notable since Philip Spencer was the son of Secretary of War John C. Spencer.
The brig USS Somers had been newly constructed for a naval apprentice program. It was intended to take children considered “the sweepings of the street,” including orphans and the poor of a nation ravaged by a long economic depression, and train them into personnel of the US Navy. Of the 120 crew on board, ninety were in their teens, with half of those between the ages of fourteen and sixteen. Under Captain Mackenzie, they were flogged for "infractions" such as not being fast enough, being "disorderly", not being clean or neat enough, for rebellious adolescent behavior, and for masturbation.
Philip Spencer, who was the son of Secretary of War John C. Spencer, was given a commission of Midshipman after he ran away to work on a whaler at Nantucket after an abortive stay at Union College. His father located him and convinced him that if a life on the sea was what he wanted, to live it as "a gentleman"; i.e., as a commissioned officer. Considered "wild and uncontrollable despite displaying signs of high intelligence" at his attendance of Geneva College (now Hobart College), he would assault a superior officer twice assigned to the USS North Carolina, having punishment of a court-martial averted to forced resigning due to the prominence of his father, and then reassignment to the USS Somers.
He was popular with a large number of the "sweeping of the streets" enlisted personnel onboard of the USS Somers and provided them gifts of money, tobacco, alcohol, and likely had sex with at least one of them, probably more. He was mainly disliked by his fellow officers though.
Philip Spencer was a founding member of the Chi Psi fraternity at Union College, Schenectady, New York, in May, 1841.
On 26 November, Captain Mackenzie through his chain of command via purser H.M. Heiskill and first lieutenant Guert Gansevoort was informed that purser's steward J.W. Wales claimed to have been offered to join a mutiny by Spencer the day prior. Captain Mackenzie was not inclined to take the matter seriously, but instructed Lt. Gansevoort to watch Spencer and the crew for evidence of confirmation. Lt. Gansevoort stated that he learned from other members of the crew that Spencer had been observed in secret nightly conferences with Seaman Elisha Small and Boatswain's Mate Samuel Cromwell. Captain Mackenzie confronted Spencer with the mutiny allegation that evening. Spencer replied that he told Wales the story as a joke. Spencer was arrested and put in irons on the quarterdeck. Papers written in English using Greek letters were discovered in a search of Spencer's locker and translated by Midshipman Henry Rodgers.[3]
"CERTAIN: P. Spencer, E. Andrews, D. McKinley, Wales
"DOUBTFUL: Wilson (X), McKee (X), Warner, Green, Gedney, Van Veltzor, Sullivan, Godfrey, Gallia (X), Howard (X)
"Those doubtful marked (X) will probably be induced to join before the project is carried into execution. The remainder of the doubtful will probably join when the thing is done, if not, they must be forced. If any not marked down wish to join after the thing is done we will pick out the best and dispose of the rest.
"NOLENS VOLENS: Sibley, Van Brunt, Blackwell, Clarke, Corney, Garratrantz, Strummond, Witmore, Waltham, Nevilles, Dickinson, Riley, Scott, Crawley, Rodman, Selsor, The Doctor
"Wheel: McKee
"Cabin: Spencer, Small, Wilson
"Wardroom: Spencer
"Steerage: Spencer, Small, Wilson
"Arm Chest: McKinley"
As evidence of a conspiracy, however, the document had several problems. For starters, nobody named “E. Andrews” was aboard Somers. Cromwell, a leading suspect, was not listed, while Wales—the man who had brought the story to his superiors’ attention—was listed as a “certain” conspirator. [4]
A mast failed and damaged some sail rigging on 27 November. The timing and circumstances were regarded as suspicious by Captain Mackenzie; and Cromwell, the largest man on the crew, was questioned about his alleged meetings with Spencer. Cromwell said: "It was not me, sir – it was Small." Small was questioned and admitted meeting with Spencer. Both Cromwell and Small joined Spencer in being restrained on the quarterdeck. On 28 November wardroom steward Henry Waltham was flogged for having stolen brandy for Spencer; and, after the flogging, Captain Mackenzie announced to the crew of an alleged plot by Spencer to have them murdered. Waltham was flogged again on 29 November for suggesting theft of three bottles of wine to one of the apprentices. Sailmaker's mate Charles A. Wilson was detected attempting to obtain a weapon on that afternoon, and Landsman McKinley and Apprentice Green missed muster when their watch was called at midnight.[5]
Four more men were restrained on the morning of 30 November: Wilson, McKinley, Green, and Cromwell's friend, Alexander McKie. Captain Mackenzie then addressed a letter to his four wardroom officers (First Lieutenant Gansevoort,[6] Passed Assistant Surgeon L.W. Leecock, Purser Heiskill, and Acting Master M.C. Perry) and three oldest midshipmen (Henry Rodgers, Egbert Thompson, and Charles W. Hayes), asking their opinion as to the best course of action. The seven convened in the wardroom to interview members of the crew.[7]
On 1 December, the officers reported that they had "come to a cool, decided, and unanimous opinion" that Spencer, Cromwell, and Small were "guilty of a full and determined intention to commit a mutiny;" and recommended that the three be summarily executed. Spencer claimed that the accused conspirators "had been pretending piracy". Different accounts state that the Captain “badgered” the officers to convict the accused. Nevertheless, the three men were hanged that day and buried at sea. In response to others stating that they were only thirteen days to home port, and could have just waited to try them at shore the captain noted the fatigue of his officers, the smallness of the vessel and the inadequacies of the confinement to justify the executions.
Somers reached St. Thomas on 5 December and returned to New York on 14 December. She remained there during a naval court of inquiry which investigated the alleged mutiny and subsequent executions. The court exonerated Mackenzie, as did a subsequent court-martial, held at his request to avoid a trial in civil court. Nevertheless, the general populace remained skeptical.[8] President John Tyler ordered the court martial verdict changed from "honorably acquitted" to "not proven." No charges were brought against the other alleged mutineers, who were quietly released. Thirty-five of the new apprentices deserted, and the apprentice system, which the brig was intended to establish, was abandoned.