Thirty Years' View (Vol. 2 of 2) / or, A History of the Working of the American Government for Thirty Years, from 1820 to 1850

by Thomas Hart Benton

Small and Cromwell were not arrested with Spencer, but afterwards, and not upon accusations, but upon their looks and attitudes, and accident to the sky-sail-mast, which will be noted at the proper time. The first point is to show the arrestation upon looks and motions; and of that the commander gave this account in the official report:

"The following day being Sunday, the crew were inspected at quarters, ten o'clock. I took my station abaft with the intention of particularly observing Cromwell and Small. The third, or master's division, to which they both belonged, always mustered at morning quarters upon the after part of the quarter deck, in continuation of the line formed by the crews of the guns. The persons of both were faultlessly clean. They were determined that their appearance in this respect should provoke no reproof. Cromwell stood up to his full stature, his muscles braced, his battle-axe grasped resolutely, his cheek pale, but his eye fixed as if indifferently at the other side. He had a determined and dangerous air. Small made a very different figure. His appearance was ghastly; he shifted his weight from side to side, and his battle-axe passed from one hand to the other; his eye wandered irresolutely, but never towards mine. I attributed his conduct to fear; I have since been led to believe that the business upon which he had entered was repugnant to his nature, though the love of money and of rum had been too strong for his fidelity."

Here were two men adjudged guilty of mutiny and piracy upon their looks, and attitude, and these diametrically opposed in each case. One had a dangerous air—the other a ghastly air. One looked resolute—the other irresolute. One held his battle-axe firmly griped—the other shifted his from hand to hand. One stood up steadily on both legs—the other shifted his weight uneasily from leg to leg. In one point only did they agree—in that of faultless cleanliness: a coincidence which the commander's judgment converted into evidence of guilt, as being proof of a determination that, so far as clean clothes went, there should be no cause for judging them pirates: a conclusion to the benefit of which the whole crew would be entitled, as they were proved on the court-martial to be all "faultlessly clean" at this Sunday inspection—as they always were at such inspection—as the regulations required them to be—and for a fault in which any one of them would have been punished. Yet upon these looks, and attitudes, suspicions were excited, which, added to the incident of a mast broken by the blundering order of the commander's nephew, caused the arrest and death of two citizens.

After the crew had been inspected, divine service was performed, the crew attending before the time, and behaving well; and the commander again availed himself of the occasion to examine the countenances of the men; and, happily, without finding any thing to give him distrust. He thus describes the scene:

"After quarters the church was rigged. The crew mustered up with their prayer-books, and took their seats without waiting for all hands to be called, and considerably before five bells, or half-past ten—the usual time of divine service. The first lieutenant reported all ready, and asked me if he should call all hands to muster. I told him to wait for the accustomed hour. Five bells were at length struck, and all hands called to muster. The crew were unusually attentive, and the responses more than commonly audible. The muster succeeded, and I examined very carefully the countenances of the crew, without discovering any thing that gave me distrust."

This Sunday then (Nov. 27th) being the first Sunday, and the first day after the arrest of Spencer, had passed half by without any thing discoverable to excite distrust, except the cleanliness, the looks, and the attitudes of Small and Cromwell at the morning inspection. At the second ordeal, that of the church service, the whole crew came out well, and all seemed to be safe and right up to this time—being twenty-four hours after the arrest of Spencer—the event which was expected to rouse his accomplices to some outbreak for his rescue. But that critical day was not destined to pass away without an event which confirmed all the suspicions of the commander, and even indicated the particular criminals. Before the sun had gone down, this event occurred; and as it became the turning point in the case, and the point of departure in the subsequent tragic work, the commander shall have the benefit of telling it himself:

"In the afternoon, the wind having moderated, skysails and royal studding-sails were set. In going large I had always been very particular to have no strain upon the light braces leading forward, as the tendency of such a strain was to carry away the light yards and masts. Whilst Ward M. Gagely, one of the best and most skilful of our apprentices, was yet on the main royal yard, after setting the main skysail, a sudden jerk of the weather main royal brace given by Small and another, whose name I have not discovered, carried the topgallant-mast away in the sheeve hole, sending forward the royal mast with royal skysail, royal studding sail, main-topgallant staysail, and the head of the gaff topsail. Gagely was on the royal yard. I scarcely dared to look on the booms or in the larboard gangways where he should have fallen. For a minute I was in intense agony: in the next I saw the shadow of the boy through the topgallant sail, rising rapidly towards the topgallant yard, which still remained at the mast head. Presently he rose to view, descended on the after side to the topgallant-mast cap, and began to examine with coolness to see what was first to be done to clear the wreck. I did not dream at the time that the carrying away of this mast was the work of treachery—but I knew that it was an occasion of this sort, the loss of a boy overboard, or an accident to a spar, creating confusion and interrupting the regularity of duty, which was likely to be taken advantage of by the conspirators were they still bent on the prosecution of their enterprise."

The commander did not dream at the time of treachery: did not dream of it when he saw the mast fall: and well he might not, for he had given the order himself to set the skysails, the ship running "large" at the time, i. e. with a favorable wind, and when a slight press of sail might carry away the elevated, light, and unsupported mast which carried the skysail. He did not dream of treachery when he saw it fall under an order which himself had given: but quickly he had that dream, and he must tell himself how it came to him; thus:

"To my astonishment, all those who were most conspicuously named in the programme of Mr. Spencer, no matter in what part of the vessel they might be stationed, mustered at the main-top masthead—whether animated by some new-born zeal in the service of their country, or collected there for the purpose of conspiring, it was not easy to decide. The coincidence confirmed the existence of a dangerous conspiracy, suspended, yet perhaps not abandoned."

This is the way the dream began, in astonishment at seeing all those most conspicuously nominated in the razor-case paper, rush to the scene of the disaster. Now, for the misfortune of this paragraph, it came to be proved before the court-martial, and after the men were dead, that the majority of those who ran forward were not named in the paper at all! and especially that one of the two was not upon it who were presently seized as guilty, and whose haste to perform a duty was the passport to death. The crew ran to the place. This would seem to be the most natural conduct imaginable. They ran to the place where the mast and boy were expected to fall. They flew to the place at which the commander, in his intense agony, did not dare to look. This haste to such a place was proof of guilt, take it either way, either as animated by some new-born zeal to hide past defection, or to collect for a conspiracy. The commander finds it hard to decide between these two purposes; but take which he might, it was confirmation of a dangerous conspiracy, and of its suspension, not abandonment. The sudden running to the place was the proof of the conspiracy: the jerk which Small, and another whose name has never yet been discovered, gave to the weather main royal brace, pointed out the two eminently guilty. What put the seal upon the confirmation of all this guilt was the strange and stealthy glances which Spencer, in his irons, and his head then out of the bag (for the heads were left out in the day time) cast at it. Hear him: