Portland gazette and Maine advertiser. (Portland, Me.) 1805-1818, 1808-05-30

OF that young officer, who is now dead, the
Court take this occasion to express their O.
piniOn that he does not merit any such i'm
putation.
9th. II does not appear to the Court,
that Captain efai'5es Barron did use any lan-
guage in the presence of Ms men calculated
TO dispirit them. The Court are therefore
Of opinion, that this ninth specification is ret
proved.
10th. 1t does not appear 70 the Court, py
satisfactory evidence, that during the attack
Captain .faqn1s P417a ordered his men 10
keep down, that they woGId all be cit to
pieces The Court are therefore ofopinion,
that this tenth and last specification is not
proved. The court arc satisfied that some
such words were uttered, but are also sat
isiied that the words actually used were Of
very different import, and were uttered az
time -rhen thol could not hav pro1uced
any improper effect upon the crew
The only two specifications annexed 20
this charge which are proved, are not such
as in the opinion Of this court establish the
proposition, that the accused " failed u en-
courage in his own person his inferior Off
GERS and men to fight courageously." His
not using immediate measures to prepare
his ship for battle after he was satisfied an
attack upon her would Be made, was Ger
family great neglect Of duty, but this does
not support any charge against tie personal
spirit OF Captain Barron. His ordering that
his men should be got to quarters secretly,
without beat Of drum, and his ordering the
drum to desist from beating when il began
to beat contrary TO his orders, SO far from
proving him deficient in courage, are con-
sidered by the court O. strong evidences Oi
his GOODNESS and reflection at that moment.
Indeed it would require very strong evi.
dence 70 satisfy this cour+ that an officer
who exposed himself at an open gangway,
under heavy and close fire, who being
wounded still remained on his deck daring
the whole attack, giving his orders coOIy
and distinctly, and who neither by his words
or actions discouraged his crew or any part
OF it, could be guilty OF this charge. Such
the court arc satisfied was Captain Hsfa7nct
Bnron's conduct and situation, aid hover.
er they may think Of be activity OF Judg.
ment. they feel themselves bound to declare
that he Is NOT GUILTY under this third
charge, for failing to encourage In his
own person his inferior officers and men TO
fight courageOusly."
The fourth and last charge x ted in the
warrant of the honorable Secretary Of the
Navy against Captain 5fa1ass Barren il N
these words
g For not doing his utmost to take or DE-
stroy the leopard, which vessel it was BIS
duty to encounter"
SPECIFICATION. n.
1st IN that the said ship Leopard d.d
FIRE upon the said fricate CL@-~Aeake, and the
sad Jigrrs Baron did fail suitably 70 feFsl
SAID attack"
%. "In that the said frigate cies6-
beake was ~ order Of the said Famet Eayro7
surrendered to the said ship Leopard, at a
time wheR the injuries sustained either On
the said trigate or her crew did not make
such a surrender then necessary"
Sd " n that the flag Of the said Fiigate
Chesabeate was by order az the said 5afner
Barron struck to the. said ship Leopard, when
the guns Of the said frigate Chesapeake were
loaded"
4th "In that the Gag Of the said frigats
Chesapeake was by order Of the said !9ar5es
Buyron struck to the said ship Leopard, at a
time when the main deck battery Of the said
frigate Chesapeake was in q situation which
woald have enabled the return Of broad
side in a very short time"
5th. In that the flag Of the said friEatc
Chesapeake was by order df the said fa7nes
Barron struck to the said ship LEOPARD,
without the said ,Ta75Les Ear9H's having con
suited any OF his officers, as to whether the
flag ought to be struck or not"
9th. "In that the flag Of the said frigate
Chesapeake, was by order Of the said .5'anies
BUron struck to the ssid ship Leopard. be-
fore single gun Of any kind was fired from
the said frigatc Cfesabeake."
In deciding upon this charge the court
will make the following statements
1st. 1t appears 70 he court, that the said
ship leopard did fire upon said friEate Cher
beake, and that her attack was not suitably
repealed. The court are therefore Of opin-
iOr that this irst specification is fully proved,
I'd. It appears to the court, that the Aag
Of the said trIgate ChesapCakt, was BY order
Of the said Hanteg Barron struck to the said
ship leopard, at time when the injuries
sustained either on the 5 il frigate or her
crew did not make such surrender then ne
cessary. The court are therefore of opinl0h,
that this second specification is fully proved.
3. il appears to the Court, that the flag
Of the said frigate Chesapeake, was, by order
Of the said .Tuntes Barron, struck to the said
ship Leopard, when the guns Of the said Fl,
gate Chesapeake were an loaded. The Court
are therefore of opinion that this third spe-
Obligation is fully proved.
4th. 1t does not appear e the Court, That
the main deck battery Of the said frigate
CAesabeatc was in situation which would
have enabled the retttrn Of brpadside III
very short time after her flag was struck w
order Of the said JAMES Barron, to the said
ship Leopard. The Court are therefore of
opinion that this fourth specification u not
proved.
5th. It appears y the court, that the flag
IF the said trigale Chesapeake, was, BY order
Of the said James Buryon, suck to the said
ship Leopard, without the said James Bar
RMS having consulted any of his officers. Is