Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1808-05-17

struck or not. The court are therefore of
opinion that this fifth specification is fully
proved.
9th. 1t appears to the court, that the
bag OF the said frigate Chesapeake was by
order of the said James Barron struck to
the said ship leopard, before single gun
ofany kind was fred from the said frigate
Chesapeake. The court are therefore of
opinion that this sixth and last specificati-
ON is fully proved.
Although all the specifications annexed
to this charge Zone only excep,ed) are full
~ proved, yet the court are of opinion that
those which are proved do not support the
charge to which they are annexed. The
attack of the Leopard was not suitably re-
PEELED by the Chesapeake, because il ap.
Pears 10 the court that circumstanced as
me two ships then were, boarding the
Leopard would have been imprac,icabie, &
OF Course no other means OF repcIling her
attack remained hut in the use the Che.
sapeake's guns. That all these guns were
loaded, and not one OF them was fred be.
lore the flag ofthe Chesapeake was struck
Is most certain. But yet il appears 10 the
court, that Captain Barron and the officers
commanding divisions did every thing
which they could do TO get them fired, and
That the colors were not struck until all
reasonable hope oil succeeding in proper
~ repelling the attack in this way was lost.
The Injuries sustained either 10 the Ches.
apeake or her crew, did no, at that time
make her surrender necessary. Captain
Barron might have waited until she had
received many more and greater injuries,
and had lost the lives and services of ma.
/ ny more of her crew, before he could have
been compelled by these causes to have
struck his flag. But during this interval
OF certain injury, he could have had no
reasonable hope, even after he had sustain
ed IT, OF doing any thing to the annoyance
OF his adversary. And i'm such situation
he stands justified in the opinion Of the
court IN striking his flag. The striking
his flag without consulting his officers, is
circumstance which this court consider
al no consequence. IL is not the duis of
commander under any circumstances,
and IN The situation in which captain Bar
ron then was it would have been highly
improper, to consult his inferior officers as
TO the propriety of hauling down his CO.
Tors. IL is The opinion Of the court there
lore, that cap ain James Barron is NOT
Gull under this fourth and last charge,
Tor no doing his utmost to take or des-
troy the Leopard. which vessel ii was his
duty to encounter" as this charge is cx-
planned and limited by the specifications
! annexed to IL.
| In giving these opinions it will be per
ceived, that the court have felt the selves
bound to consider The several charges pre-
lerred as explained and limited by the sDe.
cihcaiions annexed 10 them respectively
ne opinion OF the court therefore upon
those charges OF which they have acquit
ted the accused, is to be considered i'm no
other way, than that he is no, guilty under
these charges as SO explained and limited
mo transposition of the specifications, or
any other modification OF the charges them.
selves, would alter the opinion IF the court
as to the frmness and courage Of the &C..
cused' The evidence upon this fead is
clear and salts factory.
The court having agreed in the pre-
ceding opinions that captain las. Bar
ron altho' not guilty of three of the
charges preferred against him, is new.
ertheless guilty under that wherein he
is accused $ for neglecting on the pro i.
liability OF an engagement to clear his
ship for action" do further agree,
that the said capt. James Barron, being
gritty of this charge, falls under part
OF the fourth article Of the rules and
regulations for the government of the
navy Of the y. States, adopted by an
act of the congress of the u. States,
passed onthe twentythird day of April,
In the year of our Lord one thousand
eight hundred, and entitled g An act
for the better government Of the navy
OF the United States" and they do adj
Judge aud SENTENCE the said cap
tain James Barron to be SUSPEND
h d from all command in the navy of
the u, States, and this without pay or
official emoluments, of any kind, for
theperiod and term of FIVE YEARS
from this eighth day of February, in
the year of our Lord one thousand
eight hundred and eight.
JOHN RODGERS,
WIN. CAMBRIDGE.
HUGH G.. CAMPBELL,
STEPHEN DECATUR, ir.