The enquirer. [volume] (Richmond, Va.) 1804-1815, 1808-05-17

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OF the said James Barron struck To the. said
ship Leopard, when The guns of the said fri
gate Chesapeake were all loaded The
court are therefore OF opinion ,nat this third
specification is fully proved
4th. 1t does not appear to the court, that
the maln-deck battery of the said frigate
Chesapeake was in situation which would
have enabled the return of a broadside in
very short time after her fag was struck by
order of the said James Barron to the said
ship Leopard. The Court are there fore Of
opinion that this fourth specification is not
proved.
5th. 1t appears to the court. that the flag
OF the said frigatc Chesapeake was bv order
OK the said James Barron struc. to the said
ship Leopard, without the sail James Bar
rons having consulted any of his officers, AZ
to whether the flag ought to &c struck or
not. 1 lie court are therefore of oitiuion that
this fifth specification is fully proved.
9th. 1T appears to the court, that sh.s flag
OF the said frigate Chesapeake was by-,rder
OF the said James Barron struck to the said
ship Leopard, before single gun of any kind
was hired from the Said frigate Chesapeake.
!he court are therefore OF opinion that this
sixth and last specification is fully proved
Although all the specifications annexed to
this charge Zone only e&cepted) ARE fully
proved, yet the court are of opinion that
those which are proved do not SUPPORT the
charge to which they are annexed. The at.
tack OF the Leopard was not suitably re-
PEELED by the Chesapeake, because it an.
pears to the court that circumstanced as the
two ships then were, Boarding the leopard
would have been smpracticable, and Of course
no ether means OF repelling her attack re-
manned but in the use of the Chesapeake's
guns, That all these guns were loaded and
not one OF them was fired before the f1ag of
the Chesapeake was struck is most certain.
But yet 1t appears to the court that captain
Barron and the officers commanding divisions
did every thing which they could do to get
them hred, and hat the colors were not
struck until all reasonable hope OF succeed
ing in properly repelling the attack in this
way was. lost. The injuries sustained Ell
their in the Chesapeake or her crew, did
not at that time make her surrender neces:
sary. Captain Barron might have waited
until she had received many more and
greater injuries, and had lost the lives and
services OF many more of her crew, before
he could have been compelled by these eau
ses to have struck his flag But during this
interval of certain injury, he couldhave had
no reasonable hope, even if he had sustained
1t, OF doing any thing to the annoyance of his
adversary And in such situation he stands
justified In the opinion of the court in s.rik-
ing his fag. The striking his Gag without
which this court consider of no consequence.
1t is not the duty of a commander under any
circumstances and in the situation in which
captain Barron then was, it would have been
highly improper, to consult his inferior Off
GERS as to the propriety of hauling down his
colours. 1t is the opinion ofthe court there
fore, that captain James Barron is NOT
GUILTY under this fourth and last charge.
I" for not doing his utmost to take or destroy
10 I.an ND x,yns oh - -.
to encounter" as this charge is explained
and limited by the specifications annexed to
it.,
III giving these opinions it will be percei-
we'd, that the court have felt themselves
bound to consider the several charges pre-
ferred as explained and limited BY the spe-
clhcations annexed to them RESPECTIVELY
The opinion OF the court therefore upon those
Charges of which they have acquitted the
accused, is to be considered in no other way,
than that he is not guilty under these charges
as explained and limited.-No transpos;tion
OF the specifications, or any other modfcati-
ON OF the charges themselves, would alter
the opinion of the Court as to the firmncss
and courage of the accused. The evidence
upon this heads clear and satisfactory.
The court having agreed in the preceding
opinions that captain James Barron, aitho'
not guilty of three of the charges preferred
against nm, Is nevertheless guilty under
that wherein he is accused =" for neglecting.
on the probability of an engagement to clear
bis ship for action" do further agree, that
the said captain James Barron, being ilty
OF this charge, falls under part of the fourth
article of the rules and regulations for the
government of the navy of the United States.
passed on the twenty-third day of April, in
the year of our Lord one thousand eight hun
dred, and entitled g An act for the better
government of the Navy of the United
States" and they do adindge and SEN
TENCE the said captain James Barron to-
be SUSPENDED from all command in the
Navy OF the United States, and this without
pay or official emoluments, of any kind, for
thc'period of FIVE YEARS from this eighth
day of February, in the year of our Lord
one thousand eight hundred and eight
JOHN ROGERS,
WIN. BAINBRIDGE,
HUGH G.. CAMFBELL,
STEPHEN ECATUR, jr.
JOHN SHAW,
JOHN SMITH,
d. PORTER,
JOS. TARBELL,
j. JONES,
JAS. LAWRENCE,
/! CHAS LUDLOW.
LITTN. W.TAzEwELL,