The Wheeling repository — Wheeling, Va. [W. Va.], 1807-12-03 00:00:00, page 4

6. It appears to the court, that the
British ship of war Leopard, of 50 earns,
one of the squadron then at anchor with
in the limits of the U. States, weighed
immediately after these signals were
thrown out, and stood to s- a.
9. It does not appear to the court, that
at this time there was anv vessel in igh.t,
or am other object to induce her to go
to St a, hut the Chesapeake.
10. It appears to the court, that at the
time the Leopard got under weigh, the
wind was at S. S. W. nd then
tor her to proceed to sea ; hut that in
stead of availing herself of this to cleat
the iand, silt hauled h\ the wind, ei ■
round Cape Henry, and stood to th ■
southward, under ease sail; tlu-ivbv
shewing that it was not her intention to
get ifl the iand speedde.
11. It apj ! to
th: the wind b came i.gh: and bv.tHing,
and likely to shift, and came out fr >m
eastward ; that when this n , q..n.d
t.ic Ltw pard shortened sad and stood to
the eastward.
1 It app* 21-? to the court, that after
th: tii wad did i >me out fr» m a' >iu
r*i. b. l . at ad that the Leopard having
f ' tv eat , preserved it,
hy tacking m sho e when the Chcsa
pi ake di 1 > in ordei to discharge her
pilot, an 1 after the C lies peake . gain
stood otl to the eastward, that the Leo
pa (l won, and !>e>ie down for her.
Id. It appears to the c \:rt, that vhen
th L ( j rd t k l an d stood . ; ,
*n c - th the Ch< ap« ik<,
"th it h i lowi i tic el. ports vui ail triced
up.
14. It p] ■ to tin- (•. irt, tl t hen
tin Leo . r-t run dev, n Jor th t sa
p ..Ki , she rouuticd to on her st'trho..m
<]t aru r, an 1 t > win !war , of hi r, Him
t . ,t t d , time 1; i mp. - •. • o <•> t
<n h ; gun .
15. It ppears to t t, that
mod' re Barron was t.j • n d c .. i>h*crv
‘ c J opart , to.; n ;; th. time t;
nui a.. ;rv< .» were j i• . ; and th .<
v,'i ■■ ss vxhii it' 1.
11.. 1 u cou.t . - t/1 opinion, that th*
irctnn vc state d v r * n
.hemsel > m t nt :ous, as to h.tw
.1 liislrccl Si .ii-nr.t warning to ;* p:u
r.t. di rect, and itienth'j officer, of
lu- ]Ji’*-• ;v !e ih ng ol I . r,f war
; online ] ::i that h , ;o . ' i\ .
t: u'v- 1 c -•mi'idorc ! hr. von > have pr ■
P*i >; *-> siiij> <raelion,« -,f. .d\ wl h
I i .... i ♦
itiuii of l iS crei* gcu.i.i v, oi luose who
lir.d been demanded by the British go
vernnn it particularly, and of the gene
ral state of tile ship at that time.
1 T. It appears to the court, that com
modore Barron nevertheless did not or
('• r his ship to be cl. a red for a- ti. n, and
that h did not call his men to (ju .teas.
18. It app- ars to the court, that when
the JL a ig id of the
Clu-sapesk , an <lac.r was s; nt from
lur with a .onunuidc uion from captain
Hum; hrh s, the comma: lev ot the Ueo
jiar.., to iomm ilore Barron, which lie
letter couhl n t and did rot nusu.sdf
‘ tand, but vtrv correctly understood to
i'- a demand with which he ought not
: which, if
enforced, it possible.
Id. it app-.-ir.-s to the court, that al
though such w s the situation and im- j
; . s.-a n <•! conn.odore li iron at this I
lime, yi t that he did not still order his
s.jip to !:e ; 1 .-pare 1 lor action, although
ample turn v. a t allowed ior that pur
1 n the British officer being detained
on board the Chesapeake from 35 to 45
mi nut s.
2-K l iie court is of opinion, that the
lag *ct oi commodore liarron to prepare
f.:s ship for action under such circurn
‘u.u.ce.-., is a direct 1.-reach of the fourth
article of tin rub s and regulations for
-he government ot the navv of the Ur.i
! ci States, adopic i y an act of the con- i
gr- ss of the United States, passed <,n 1
th< td day of April, 1 ■ ■ ntitle I “A i ;
act hr the . tier s vernment of the na- i
vy < . ii. United St ite-.”
~' • -t appears to the court that after I
• ’ liritiSii oinev r ieli the Ch sapenke,
heat : a ;■ si ive r rusal from comrr,o
'lore barn n f , tie <i niant! which h »d
-t > n iiuul. h\ er |)t. 1J umpiin Vj, and af
tv : i .nimodore liarroa v .is hi at self sa
li' fu i t a : • . .> :;ion his ship would
• ’ h (. ’ not t-ice prompt* nect s-j
sarv c i:. it*:.; means to prepare his |
i ship lor b: • ; that l»..s hrst order v> j
deck, and the
tontl. given after ine lapse of -o . c
time, '. ;ts to /et ii , men to quart. . > *- I
erf:!y, without beat of drum, a’th >e h '
v. it 1. such a crew ah had on c d, '
and in such a sit v .. as the <h'p th- i 1
t waa no Kpect I that sm
order. could h« s!».:<.taal.v accot.ipl.:-a- ]
ed.
*22. It appears to die court, that tin
c ndue* ol coinur ioie IS rrou <’ uin
tin attack ol th. i,en; .:d, in ni .
gi at in tie-, id on, .da di-., idem to r, -
i goLiate, rather than a ueUrmiiiuiion
bravely to defend his ship ; that he re>
peaudly hailed the Leopard during her
attack upon him ; that he drew his men
from their guns to lowering down boats
to send on board of the attacking ship ;
..ml that he ordered his first lieutenant
r«>m his quarters, during the attack, to
: a m< >sage on board of the Leo
; 'iv t that time* tiring upon him.
. it. ppears to the court,that during
’ i k. i ommodore Ibirron us< d lan
gu ■ i i tne presence of his men, calcu
lated to dispirit his crew, by ordering
them io ktep down, that they would all
be cut to pn ces.
2 t. it appears to the court, that com
it-'' 1 li t ron ordered the colours of
tile Lhcsap- Ve to e struck, and that
the\ tui'c s ruck. !. tore i sin le gun of
in ; kin ! was iir< i i;<>;n lurjanu that at
th tint - th« y were so struck, her main
deck batten was in a situation which
would have enabled the return of a
broad.-ide in a very short time.
Lin court is therefore of opinion,
that the Chesa’ nke v ,< prematurely
surrendered, at a liir.e when she was
m ad . pr paid for battle, and when die*
ii juri sustained cith r on the ship or
ti. crew, did m t make such a sumn
d- y thi a necessary ; and that for this
c . : mod ore Barron mils under a part of
the sixth article oi the rules and regula
tion ior the gov. rnment of the navy of
the United States, adopted by an act of
the congres- .f the United St tes, pass
eJ on Liie 23d ol April, 1800, entitled
kn ct for tter ment of
tlie navy of the Uniti d States.”
23. 1 iie court is oi (j|'inion, that al
though to conduct oi’commodore Bar
ron, befor and during th attack of the
Leopard, ivir.ccd great iaatt* ntion to
liis duty and want oi (dcision, yet tliat
during hat attack In exposed his per
> i.i and did not nun i. si, either by his
or act ns, any j rsonal fear, or
want oi eoura, .
. it appc^ t . the court, that a,l
t.i - t, i .i C :* a{ tiv might anti ought
t > h a .• be. !u it- r ilaii tulfcl than she
■>, . that : lie v. a not in a situation
H :3u ci'th. attack made upon hqr,
to h. ,t c i.i. ;• u so gallant a defence be*
. i -. If s . . ,-ht b.- exp cud. Some
<*• l.< r r. . v ert not secureiy fitutl in
then tai.iagi • ; i>oim: ot her opungt.s 8?
v. a.Is ‘.v fit too la v c ; but font' ot her
c: ? -hot.... w«.i\ li . . ; her matches
.vere n >t pi .m ; so. <■ in. rr.miner*
. c not in th r j oner t . -.a, h r n»a
lin.s v.\re neither supplied vith enough