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

| Barron, which The latter could not anC
ard not miiunderaand, but very coTrectI!
concluded 20 be demand with which h'
ought not and Could not comply, and one
which, if rcfutld, would be enforced
Polible.
rot appears to the court, that al
though luch was the ftuatiCn ana m
prefiion of commodore Barron At this tme
yet that he did not fiji order his hip K
be prepared for action, altho' ample time
was allowed for that Purpole, the BntIif
officer being detained on board the Cheia'
Peake rom SIS to AS minutes.
ao.-The court is Of opinion, that the
neglect Of commodore Barron TO prepare
his flip for action under fuch clrcumitan-
ce5, IS dirt6 breach of the forth artI-
Gle or the rules and regulations Tor the
government of the Navy of the United
States, adopted by an act Of The CongreiS OF
The U. States, paffed on the 25d day o!
April, 1900, entitled " An act for The bet
ter government of tie Navy of the United
Statcs."*
Alt appears to the court, that after
The hritiih Officer left the Cheiapeake, bear
ing pofltiVe rrhidl from commodore
Barron to the demand which had been
made BY capt. HUMPHREYS, and after com
InOdore Barron was hmielf iatished that
an attack upon his fhip would BE- made,
ne did not take prompt, necefiary and Ct
fcient means 10 prepare his flip for bat
tle-That his fit order was merely 10
clear his gun deck, and the fecond given
after the laplc Of fome time, was to get
hia men to quarters iecretly without beat
Of drum although with fuch crew as
he had on board, and in fuch a lituation
as the fhip then was, it was not To be eX-
petted that iuch orders could be eilcGtualiy
accomplished.
at appears to The court, that the
conduct OF commodore Barron during the
attack Of the Leopard maniteaed great in
declhon, and a dupoiition 10 negotiate,
rather than a determination bravely to de-
fend his ihIp. That nc repeatedly hail
ca the Leopard during her attack upon
him-That he drew his men from their
guns TO lowering down boats to ttnd on
board Of the attacking ihip-and that he
tiers during the attack, to carry a mefiage
on board the Leopard, at that time firing
upon him.
at appears to the court, that dur
ing the attack, commodore Barton ulcd
language in the pretncc Of his men calcu-
lated to difpirit his crew, by ordering them
to keep down that they would all be cut
20 pieces.
at appears to the court, that COM
modOre Barron ordered the colors Of the
Cheiapeake to Be nruck, and that they
were truck, before Jingle gun Of any kind
was fired from hei and that at the time
they were 70 fruck, her main deck bat
terry was in ftuatiOn which would have
enabled the return Of broadhde in very
ihort time.
z5.-The court IS therefore Of opinion,
that the Chetapea5e was prematurely fur
rendered, at time when ihe was nearly
prepared for battle, and when the injuries
1uitlincd either on the fhip or crew did
not make fuch a iurreuder then neceGary
and that for this commodore Barron falls
under part Of the Gxth article Of the rules
and regulations for the government of the
navy of the United States, adopted by an
act OF the Congrefs os the United States,
palIed on the a3d day of April, 1900, enti-
tied " An act for the better government
Of the navy Of the United States"
-6.-The court is Of opinion, that al
though the conduct Of commodore Barron
before and during the attack of the Leo
pard, evinced great imattentiou To his du-
ty and want Of deciion, yet that during
that attack he e&poled bis perion, and did
not maniftit either by his orders Of action:
any periOnal fear, OF want 0f courage.
z7.-It appears 10 the Court, that al
though the Chefapeake might and ought
to have been better defended than the was
yet that the was not in a fituatiOn at the
time Of the attack made upon her, to have
enabled 70 gallant defence being made
as might be expected. Some of her guns
were not iccurely fitted in their carriages
fome of her fPunges and wads were toe
large, but few Of her powder horns were
filed, her matches were not primed, iomt
of her hammers were not in their proper
places, her marines were neither lupphed
with enough cartridges, or were thOlt
which they had Of the proper 6ze. None
of thelt circumstances however could have
Influenced Commodore Barron il ltrikinE
his coIorS, becduie they were not know
to him 1T the time.
23.-Tbe Court il Of opinion, that III,
conduct Of al the other officers Of tn,
flip, except thofe whole duty it was <
have rerseJicd the deficiencies before fta
ted, aud Of the crew generally, was proper
| commend4ble and honorable. a tru,
copy. /. ". TAZEWELL,
Judge Adv7rats
The f1llwins A-ticle Is Extracted iiomth
%.f Law, alluded u u tic above IL
qur,
SAc1. IN. Every commander Q
other o.lcer who shall upon signal p
D