The commander, now become sole witness of Spencer's last words—words spoken if at all—after his time on earth was out—after the announcement in his presence that the ten minutes were out—and hearing the commander's response to the notification, "Very well:" this commander thus proceeds with his report: "I asked him if he had no message to send to his friends? He answered none that they would wish to receive. When urged still further to send some words of consolation in so great an affliction, he said, 'Tell them I die wishing them every blessing and happiness. I deserve death for this and many other crimes—there are few crimes I have not committed. I feel sincerely penitent, and my only fear of death is that my repentance may come too late.'"—This is what the commander reports to the Secretary of the Navy, and which no human witness could gainsay, because no human being was allowed to witness what was said at the time; but there is another kind of testimony, independent of human eyes and ears, and furnished by the evil-doer himself, often in the very effort to conceal his guilt, and more convincing than the oath of any witness, and which fate, or accident, often brings to light for the relief of the innocent and the confusion of the guilty. And so it was in this case with Commander Alexander Slidell Mackenzie. That original record made out upon inaudible whispers on the camp-stool! It still existed—and was produced in court—and here is the part which corresponds (should correspond) with this quoted part of the report; and constituting the first part of the confession: "When asked if he had any message to send: none that they would wish to receive. Afterwards, that you die wishing them every blessing and happiness; deserved death for this and other sins; that you felt sincerely penitent, and only fear of death was that your repentance might be too late."—Compared together, and it is seen that the words "other sins," in the third sentence, is changed into "many other crimes,"—words of revoltingly different import—going beyond what the occasion required—and evidently substituted as an introduction to the further gratuitous confession: "There are few crimes which I have not committed." Great consolation in this for those parents for whom the record was made, and who never saw it except as promulgated through the public press. In any court of justice the entire report would be discredited upon this view of flagrant and wicked falsifications. For the rest, there is proof that the first sentence is a fabrication. It is to be recollected that this inquiry as to Spencer's wishes to communicate with his parents was made publicly, and before the pen, ink and paper was sent for, and that the answer was the inducement to send for those writing materials. That public answer was heard by those around, and was thus proved before the court-martial—McKinley the witness: "The commander asked him if he wished to write? Mr. Spencer said he did. The commander ordered Dunn to fetch paper and campstool out of the cabin. Spencer took the pen in his hand—he said, 'I cannot write.' The commander spoke to him in a low tone: I do not know what he then said. I saw the commander writing." This testimony contradicts the made-up report, in showing that Spencer was asked to write himself, instead of sending a message: that the declaration, "nothing that they would wish to hear," is a fabricated addition to what he did say—and that he was prevented from writing, not from disinclination and declining, as the commander attempted to make out, but because upon trial—after taking the pen in his hand—he could not with his handcuffs on. Certainly this was understood beforehand. Men do not write in iron handcuffs. They were left on to permit the commander to become his secretary, and to send a message for him: which message he never sent! the promise to do so being a mere contrivance to get a chance of writing for the Secretary of the Navy, and the public.
The official report continues: "I asked him if there was any one he had injured, to whom he could yet make reparation—any one suffering obloquy for crimes which he had committed. He made no answer; but soon after continued: 'I have wronged many persons, but chiefly my parents.' He said 'this will kill my poor mother.' I was not before aware that he had a mother." The corresponding sentences in the original, run thus: "Many that he had wronged, but did not know how reparation could be made to them. Your parents most wronged ... himself by saying he had entertained same idea in John Adams and Potomac, but had not ripened into.... Do you not think that such a mania should ... certainly. Objected to manner of death." The dots in place of words indicate the places where the writing was illegible. The remarkable variations between the report and the original in these sentences is, that the original leaves out all those crimes which he had committed, and which were bringing obloquy upon others, and to which he made no answer, but shows that he did make answer as to having wronged persons, and that answer was, that he did not know how reparation could be made. There is no mention of mother in this part of the original—it comes in long after. Then the John Adams and the Potomac, which are here mentioned in the twelfth line of the original, only appear in the fifty-sixth in the report—and the long gap filled up with things not in the original—and the word "idea," as attributed to Spencer, substituted by "mania."
The report continues (and here it is told once for all, that the quotations both from the report and the original, of which it should be a copy, follow each in its place in consecutive order, leaving no gap between each quoted part and what preceded it): "when recovered from the pain of this announcement (the effect upon his mother), I asked him if it would not have been still more dreadful had he succeeded in his attempt, murdered the officers and the greater part of the crew of the vessel, and run that career of crime which, with so much satisfaction he had marked out for himself: he replied after a pause; 'I do not know what would have become of me if I had succeeded.' I told him Cromwell would soon have made way with him, and McKinley would probably have cleared the whole of them from his path." The corresponding part of the original runs thus: "Objected to manner of death: requested to be shot. Could not make any distinction between him and those he had seduced. Justifiable desire at first to.... The last words he had to say, and hoped they would be believed, that Cromwell was innocent ... Cromwell. Admitted it was just that no distinction should be made."—This is the consecutive part in the original, beginning in utter variance with what should be its counterpart—hardly touching the same points—leaving out all the cruel reproaches which the official report heaps upon Spencer—ending with the introduction of Cromwell, but without the innocence which the original contains, with the substitution of Cromwell's destruction of him, and with the addition of McKinley's destruction of them all, and ultimate attainment of the chief place in that long career of piracy which was to be ran—and ran in that state of the world in which no pirate could live at all. What was actually said about Cromwell's innocence by Spencer and by McKinley as coming from Cromwell "to stir up the devil between them," as the historian Cooper remarked, was said before this writing commenced! said when Mackenzie returned from announcing the ten minutes lease of life to him and Small! which Mackenzie himself had reported in a previous part of his report, before the writing materials were sent for: and now, strange enough, introduced again in an after place, but with such alterations and additions as barely to leave their identity discoverable.
The official report proceeds: "'I fear,' said he, 'this may injure my father.' I told him it was too late to think of that—that had he succeeded in his wishes it would have injured his father much more—that had it been possible to have taken him home as I intended to do, it was not in nature that his father should not have interfered to save him—that for those who have friends or money in America there was no punishment for the worst of crimes—that though this had nothing to do with my determination, which had been forced upon me in spite of every effort I had made to avert it, I, on this account the less regretted the dilemma in which I was placed: it would injure his father a great deal more if he got home alive, should he be condemned and yet escape. The best and only service which he could do his father was to die."—Now from the original, beginning at the end of the last quotation: "Asked that his face might be covered. Granted. When he found that his repentance might not be in season, I referred him to the story of the penitent thief. Tried to find it. Could not. Read the Bible, the prayer-book. Did not know what would have become of him if he had succeeded. Makes no objection to death, but objects to time. Reasons—God would understand of him offences ... many crimes. Dies, praying God to bless and preserve.... I am afraid this will injure my father."—The quotation from the report opens with apprehended fear of injury to his father: it concludes with commending him to die, as the only service he could render that parent: and the whole is taken up with that topic, and crowned with the assertion that, for those who have friends or money in America there is no punishment for the worst of crimes—a sweeping reproach upon the American judiciary; and, however unfounded in his broad denunciation, may he not himself have counted on the benefit of the laxity of justice which he denounced? and—more—did he not receive it? The rest of the paragraph is only remarkable for the declaration of the intention to have brought his prisoners home, and of the change, of which intention they had no notice until placed in the presence of the completed preparations for death, and told they had but ten minutes, by the watch, to live.—Turning to the original of this paragraph, and it will be seen that it opens with preparations for death—goes on in the same spirit—barely mentions his father—and ends with his death—"dies praying God to bless and preserve".... This is evidently the termination of the whole scene. It carries him through the last preparations, and ends his life—sees him die praying to God. Now does the report give any of these circumstances? None. Does the report stop there? It does not. Does it go on? Yes: two hundred and thirty lines further. And the original record go on further? Yes: sixty lines further—which was just double the distance it had come. Here was a puzzle. The man to be talking double as much after his death as before it. This solecism required a solution—and received it before the court-martial: and the solution was that this double quantity was written after hanging—how long, not stated—but after it. Before the court Mackenzie delivered in a written and sworn statement, that his record embracing what was taken down from the lips of Spencer finished at the sentence—"I am afraid this will injure my father:" and that the remainder was written shortly afterwards. Now the part written before the death was thirty-three lines: the part written shortly after it, is above fifty. This solecism explained, another difficulty immediately arises. The commander reported that, "he (Spencer) read over what he (Mackenzie) had written down," and agreed to it all, with one exception—which was corrected. Now he could not have read the fifty odd lines which were written after his death. (All the lines here mentioned are the short ones in the double column pages of the published, "Official Proceedings of the Naval Court Martial.)" These fifty odd lines could not have been read by Spencer. That is certain. The previous thirty-three it is morally certain he never read. They are in some places illegible—in others unintelligible; and are printed in the official report with blanks because there were parts which could not be read. No witness says they were read by Spencer.
The additional fifty odd lines, expanded by additions and variations into about two hundred in the official report, requires but a brief notice, parts of it being amplifications and aggravations of what had been previously noted, and additional insults to Spencer; with an accumulation of acknowledgments of guilt, of willingness to die, of obligations to the commander, and entreaties for his forgiveness. One part of the reported scene was even more than usually inhuman. Spencer said to him: "But are you not going too far? are you not too fast? does the law entirely justify you?" To this the commander represents himself as replying: "That he (Spencer) had not consulted him in his arrangements—that his opinion could not be an unprejudiced one—that I had consulted all his brother officers, his messmates included, except the boys; and I placed before him their opinion. He stated that it was just—that he deserved death," For the honor of human nature it is to be hoped that Mackenzie reports himself falsely here—which is probable, both on its face, and because it is not in the original record. The commander says that he begged for one hour to prepare himself for death, saying the time is so short, asking if there was time for repentance, and if he could be changed so soon (from sin to grace). To the request for the hour, the commander says no answer was given: to the other parts he reminded him of the thief on the cross, who was pardoned by our Saviour, and that for the rest, God would understand the difficulties of his situation and be merciful. The commander also represents himself as recapitulating to Spencer the arts he had used to seduce the crew. The commander says upwards of an hour elapsed before the hanging: he might have said two hours: for the doom of the prisoners was announced at about eleven, and they were hung at one. But no part of this delay was for their benefit, as he would make believe, but for his own, to get confessions under the agonies of terror. No part of it—not even the whole ten minutes—was allowed to Spencer to make his peace with God; but continually interrupted, questioned, outraged, inflamed against his companions in death, he had his devotions broken in upon, and himself deprived of one peaceful moment to commune with God.
The report of the confessions is false upon its face: it is also invalidated by other matter within itself, showing that Mackenzie had two opposite ways of speaking of the same person, and of the same incident, before and after the design upon Spencer's life. I speak of the attempt, and of the reasons given for it, to get the young man transferred to another vessel before sailing from New York. According to the account given first of these reasons, and at the time, the desire to get him out of the Somers was entirely occasioned by the crowded state of the midshipmen's room—seven, where only five could be accommodated. Thus:
"When we were on the eve of sailing, two midshipmen who had been with me before, and in whom I had confidence, joined the vessel. This carried to seven, the number to occupy a space capable of accommodating only five. I had heard that Mr. Spencer had expressed a willingness to be transferred from the Somers to the Grampus. I directed Lieut. Gansevoort to say to him that if he would apply to Commodore Perry to detach him (there was no time to communicate with the Navy Department), I would second the application. He made the application; I seconded it, earnestly urging that it should be granted on the score of the comfort of the young officers. The commodore declined detaching Mr. Spencer, but offered to detach midshipman Henry Rodgers, who had been last ordered. I could not consent to part with Midshipman Rodgers, whom I knew to be a seaman, an officer, a gentleman; a young man of high attainments within his profession and beyond it. The Somers sailed with seven in her steerage. They could not all sit together round the table. The two oldest and most useful had no lockers to put their clothes in, and have slept during the cruise on the steerage deck, the camp-stools, the booms, in the tops, or in the quarter boats."
Nothing can be clearer than this statement. It was to relieve the steerage room where the young midshipmen congregated, that the transfer of Spencer was requested; and this was after Captain Mackenzie had been informed that the young man had been dismissed from the Brazilian squadron, for drunkenness. "And this fact," he said, "made me very desirous of his removal from the vessel, chiefly on account of the young men who were to mess and be associated with him, the rather that two of them were connected with me by blood and two by marriage; and all four intrusted to my especial care." After the deaths he wrote of the same incident in these words:
"The circumstance of Mr. Spencer's being the son of a high officer of the government, by enhancing his baseness in my estimation, made me more desirous to be rid of him. On this point I beg that I may not be misunderstood. I revere authority. I recognize, in the exercise of its higher functions in this free country, the evidences of genius, intelligence, and virtue; but I have no respect for the base son of an honored father; on the contrary, I consider that he who, by misconduct sullies the lustre of an honorable name, is more culpable than the unfriended individual whose disgrace falls only on himself. I wish, however, to have nothing to do with baseness in any shape; the navy is not the place for it. On these accounts I readily sought the first opportunity of getting rid of Mr. Spencer."
Here the word base, as applicable to the young Spencer, occurs three times in a brief paragraph, and this baseness is given as the reason for wishing to get the young man, not out of the ship, but out of the navy! And this sentiment was so strong, that reverence for Spencer's father could not control it. He could have nothing to do with baseness. The navy is not the place for it. Now all this was written after the young man was dead, and when it was necessary to make out a case of justification for putting him, not out of the ship, nor even out of the navy, but out of the world. This was an altered state of the case, and the captain's report accommodated itself to this alteration. The reasons now given go to the baseness of the young man: those which existed at the time, went to the comfort of the four midshipmen, connected by blood and alliance with the captain, and committed to his special care:—as if all in the ship were not committed to his special care, and that by the laws of the land—and without preference to relations. The captain even goes into an account of his own high moral feelings at the time, and disregard of persons high in power, in showing that he then acted upon a sense of Spencer's baseness, maugre the reverence he had for his father and his cabinet position. Every body sees that these are contradictions—that all this talk about baseness is after-talk—that all these fine sentiments are of subsequent conception: in fact, that the first reasons were those of the time, before he expected to put the young man to death, and the next after he had done it! and when the deed exacted a justification, and that at any cost of invention and fabrication. The two accounts are sufficient to establish one of those errors of fact which the law considers as discrediting a witness in all that he says. But it is not all the proof of erroneous statement which the double relation of this incident affords: there is another, equally flagrant. The captain, in his after account, repulses association with baseness, that is with Spencer, in any shape: his elaborate report superabounds with expressions of the regard with which he had treated him during the voyage, and even exacts acknowledgment of his kindness while endeavoring to torture out of him confessions of guilt.