Portland gazette and Maine advertiser., 1807-11-30


having heard all the evidence adduced, as
| well by the Judge Advocate, as by the sand
! captain lanes Barron, and having mature
/ M and thoroughly considered the same (c4p-
| tain James Barron having declined 70 otter
any detcnce) REPORT 20 Tire honorable the
! Secretary Of the Navy Of the United States,
| Us b. his va 4 warrant il required, state
IF the matters touching the said surrender,
I together with their OPINION thereUn, IS
| l1llowcth
Lit appears % the court, that the Uni
I SEQ States ship Chesapeake, then Under the
command Of James Barron, Esquire, cap
tain n me navy Of the United States, saAed
iiorn-Ifamptoa Roads, on N intended Cruize
In tie Mediterranean sea, on the morning
= the 29d OF June last past having Oh board
! a crew consisting Of more chan three nun
G.cd and evenly men, and completely e
ugjDDed with every thing necessary tor such
"a snip 1T war, sailing on SUCH a cruise.
BIT appears to the court, that captain
Barron was appointed Commodore OF the
SHIPS and vessels destined for the MedIter-
l;.hcan service on the 18Th day Oi May
last past, and hoisted mis- broad pendent III
board the Chesapeake, the first time he
came on board OF her after her arrival IN
Hampton Roads, to vii, on u about the 9th
day Of June last past.
Sit appears 70 the court, that cOmmO-
dore Barron visited the Chesapeake only
twice during the period she remained al
Hampton Roads. and before he came on
board TO proceed to sea on neither Of
winch occasions, did he examine particular
ly INTO her state and condition.
At appears to the court, that the guns
of the Chesapeake were never exercised
before she proceeded to sea; that her crew
were quartered but 4 few days previous 70
that time, andhad never been called To quar-
tiers more than threc times prior to her san
iuE Tor sea.
Sit appears to the court, that the ship
was reported 10 commodore Bar on to BE-
ready for sea On the 18th day Ut June, that
lie came Oh Dgard Oh tie Dist, and that the
ship sailed Oh tAc morning Of TIC 22I Of
June last past
Sit appears To the court, that anteCe-
dent 10 the sailing of Lhc Chesapeake, there
had Leen received Oh board Of her some per-
sons who had been CLAIMED by tie British
government as dcser,ers from their service,
but who were not ordered to be delN cred
up by the American otHcers-That there
was also report IN circulation, and gener-
ally known on board tue Chesapeake, hat
threat had been used by the captain OF the
British ship Of war Melampus, to take these
men from the Chesapeake.-That commo-
dOre Barron had fuli lnowledge of the facts
that suCh men were on board his shin, tnat
they mad been demanded BY the British
government, and had not been delivered up,
the court are precisely satisfied but no
positive evidence has been adduced to prove,
that the report Ot the threat above mention
cd was communicated to HIM before Ills
ship sailed.
lit appears TO the court, that the Ches-
a?eake IN proceeding from HAMPTON Roads
to sea, passed British squadron al anchor
III LyhAtleh BAY, vino at the time Of her
passing thehl were making signals 10 each
other' "lHch was not only reported to COM
. modo.e barron BY one OF his officers, but
actually observed BY himself
Sit appears to the court, that the Brit
ISL snip OF war Leopard Of fifty guns, one
OF the squadron then at anchor within the
limits OF the U. States. weighed immedi-
ately after these signals were thrown out,
and stood to sea-
lit does not appear to the court, that
at tins time there was any vessel in sight, OF
any other object 70 induce her to 60 to sea,
: but the Chesapeake
lot appears to the cotirt, that at the
I time the Leopard got under weigh, tie
wind was At soTth-sOutu-West and therefore
fair for her to proceed to sea but that i'll
stead Of avaiiing herself Of this to clear the
: land, she hauled by the wind, close round
, Cape Henry, and stood to the southwark,
under easy sail ! thereby shelving that 1t
was not her intention To get off the land
speedily.
lit appears TO the court, that after
thu the winl became light and film (, and
likely to shift, and came out from the east
ward that when this happened, the Loop
2 ard shortened sail, and stood 10 the east
, ward.
l2,-it appears to the court, that after
this the wind did come out from about south
southeast, an that lhe Leopard then hav-
: ing thus got the weather-guagc, preserved
: 1t, by taC.,ITE in shore when tile Chesapeake
did 50 in order to get oft her pilot, and after
F. the Chesapeake again stood oif 70 tie east
4 ward, That The Leopard wore, and bore
Z down tor her
t 13-It appears 10 tie court, that when
y the Leopard tackled and stood III shore, on
, the same tack with the Chesapeake, tia,
her lower deck ports were all triced Up.
|, l4.-It appears to the court, that when
the Leopard ran down for the Chefapeake,
inc rounded to on her cardboard quarter, s.
10 wiadward of her, and at this time her
tUmpions were out of her guns.
.e IS.-h appears TO the court. that COM
y mOdoIe Barron was upon deck, obierying
Z the Leopard, during .h- time thelc ma
Z nuuues we're Praeti6nE, and thele appear.
II aaCes exhibited.
NJ 1.-THE court is Of opinion, that N,
crcumtaHCcs above Gatcd were in them.
,civts io lIip.Cious ls % have furniihed
i-ihrieut warning % a prudent, difcrret, &
attentive officer, 0f TIE probable trfgnt
Ci ihiD of wal conducted in that way,6r