Portland gazette and Maine advertiser. (Portland, Me.) 1805-1818, 1808-05-30
Conrf,ooore IFarron's EriaI.

IA Gsssyzl Court Martha! a5imJl'i o. b's'a fof
t-ri.ef States Gib tbe Cheiapeake, IN re bar
bar Of Norfolk, and Fate of,Virg;nia, on Mon
d,r FL firth Ply IF '7aFpayy, " ne ysyr q or
L,yE s4s h1ataci eight baasr43 end eg6'' end
4s-ti-r,e9 - esirrrH1asst tisr7 gay e @y' H""
- El0qazy ~ s.sttb Day gr Fsyrary, in re 'a7Te
Jear PsFsENT,
Capt. JOHN RODGERS, P"5iis'f'
REuBES,
casesi45 WIN BNNBRIDoE, HuGH 9. CAMP
sRLL. sTEPzEN DscATUR, u. * JoHN SHAW.
MrPev5 Cot-zsaH4aat IoHN SMITH, and DA-
vlD PoRTER.
L;e.ts. JOSEPH TAKBELL, JACOB !oNEi, JAS
I.warwcE, and CHAELEs LUu-ow.
The Courr pursuan, 70 an order from the
Honorable Robert Smith, Secretary OF the
Navy Of the United States, 70 Captain John
Rodgers directed, bearing date on the ieventh
dzv Of T..cembcr, in the wear OF nur Lord one
tboniand eight hundred and feven, proceeded
las therein they are dire9edl TO try James
barron, Efq. ca7'ain IN the Navy Of tn
United States, upon the charges in the fad
warrant ftated, and therein preferred againit
him: and having heard all the evidence, and
tie priEoners defence, and very maturely and
thoroughly conGdered the fame, gave the
following OPINION
The frft charge Rated 2gainf captain James
Barron in the warrant If the honorable Sec
retary Of the Navy is in thefe words.
:" FOR negligently performing the duty ar
Egned him"
SPECIFICATION"
III In that ne did not Wifi the frigate
Chefepeake, during the period Che remained
in Hampton Roads, and before fhe proceeded
10 fea, as often as be was in duty bound to
do"
I'd. "In that when be did VIII, her, he did
not, as il was his bouuden duty to do, examine
particularly into her fate and condition'
IN deciding upon this charge, the Court will
make the following ftatements
ut. II appears to the Court shat Captain
JAMES BARRON did Wifi the frigate CBerapsaEe
twice, during the period fhe remained 10
Ha1Psz Rsads, and before fhe proceeded to
fs2. thar is, between the fourth and twenty
FIT days Of June laa And a. by the naval
POPULATIONS, iaued by the command of the
PRECEDENT Of the United States, the number
Of vihits which the commander Of fquadron
Is dire6ted to pay 10 the fhiPs of his fquadron
or oiviilon IS left TO his own difrefion, the
Court is Of opinion. that Captain BARRov was
made the judge upon this fubjea bimfelf-
and feeling in the evidence, 10 reaiens exiting
at that tine, to queltion the proper exercife
- ~ dif.k-etiOn IN this ref2eG. 5he court are
" oPinioa that this irlt fPecidCs4on j. ror-
proved.
Cd. L does not appear to the Court, that
when Captain IAMEs BARRON did viht the
frigate CtycS.sIs, he examined particularly
into her hate and condition But as II Ia,
been clearly ellablifhed by the evidence, THAI
Capt. BARRoN during this period was act
ing under the orders Of the honorable the Sec
retary Of the Navy, whereby he was appoint.
I'd a commodore or commander OF ifuadron
that BY other orders derived frons the fame
fource matter and commander lad been ap-
pointed to act as captain Of this particular
Nap, under the faid JAMEs BARRON as COM
modore, and that this acting captain wss then
on board the Glip. the court are Of opinion,
that il was not the boUndeR duty of commo-
5oTe BAERos 70 examine particularly into
her lla,e and condition, and therefors that
this lecond Specification is not proved.
The Onilion to viGt the frigate CL515e1tr
Caring the period me remained il Hampton
Aol2s, and before he proceeded to Tea, As o.
Ten AZ he was in duty bound 70 do, and the
smifhan when he did VIII her, to examine
particularly into her fate and condition, Be-
Ing the only circumstances averred IN theac-
CITATION As eaabliihing this 81: charge. " for
PegFgeat'y performing the duty aligned
him !" and the Court being Of opinion tina:
he did Wifi the frigate CjsiateeIs as often as
ne was in duty bound 10 do, and thar Il was
not his 5ounden duty 20 examine pa ticularlv
into her fate and copditon, when H aid Wifi
her, muff Of courie decide hat Captain J.airs
BARRON is NOT GUILTY under his frf
charge, as limited and explained BY thefe fpe-
clhcati0ns.
The fecond charge againft Captain BARRON
Rated IA the warrant ofthe Honorable SecreJa-
Tyof the Navy is in thele words
"FOr negle6ing, on the probability Of an
engagement, to clear his fiip for action"
SPECIFICATION
IN, I" In that certain threats on the part
Rioms commander Of Britiih veGel Of war,
that he would take By force if he could not
stherwie obtain them certain men from on
board the frigate Cbya4aate, and that fuch
threats were known TO or heard by the laid
JAMrs BAssoN, and Gill be neglected to clear
his ihip for action"
I'd " In that there were various indica-
sonsof hottie difpohtion towards the f.igate
CisSpeat'. exhibited Nv the britifh llip Of
war the LaePzrd, 20 VIII, her putting to fea after
certain ignas had been ften and noticed BY
the iaid Ta7zss Barron, when there was no
Siaer vehel N 6ght, or any other object to
iRduce her TO 60 TO iea but the Cbefa9eais
chs ports Of the fad ihip Leetsrd were triced
up and her tompions were out comfortable
fine before lhe commenced firing uuon the
G55at alss and fill, that notwithstanding
tfcfe lulpicious appearances, which were
.een and obferved by the laid Jearst B4rroa,
Ae uegleaed 10 clear his NIP for action"
~. +" IN that by various mancsuvres which
ere feg forth IN the opinion OF The Court Of
l.. fqn-y hereto annexed, the Britiih fhip Of
~. Leasz,d did ulaniEel an intentinn ID FIRE