Portland gazette and Maine advertiser. (Portland, Me.) 1805-1818, 1808-05-30
[WzoIs No. 52z.

Of the sad .Tanles Barren, struck TO the said
ship Leopard, before a single gun Of any
kind was fred from the said frigate Chesas
pcake. The court are therefore OF opinions
that this sixth and last specification il fully
proved.
Although an the specifications annexed
to this charge Zone only ezcePted) are fully
proved, yet the court are Of opinion thas
these which are proved do not support the
charge to uhich they are anne yed. The at
tack Of the leopard was not suitably repel-
led by the Cfiesapsake, because it appears TO
the court, tAat circumstanced rs the two
ships then were, boarding the Leopard
woull have heen impracticable, and Of
course no other sleans 81 repelling her at
tack remained but lii the use Of the Chesa-
beafe's guns, That ar these rs were load
ed, and rot che OF them was fred before tia
aag of the 1l4ts4feak- was struck IL most
certain. Ru- yet Il appears - the court,
that CAPTAIN Har9', and the officers corn.
mahdihg divisions did every thing which
they could do t. get them fred, and that
the cd!ourt we're not struck until all reason
able hope Of succeeding in properly repeL-
ling The attack in this way was lost. The
injLries sustained either in the Chesapeake
Or her crew, did not at that time make her
surrender nRcesssry. Captain Barron mighe
have waited until she had received many
more and greater Injuries, and lost the lives
and services OF many OF her crew, before he
could have been compelled by these causes
to have struck biz Aag. But during this IN
tervsi oil certain injury he could have had
70 reaeorable hope, even after he had sus.
tanned II, VI doing any thing TO the annoy.
arce Of his adversary. And in such situ-
alton he stands justified in the opinion Of
The court III striking his flag. The striking
his bag without consulting his officers, is .
circumstance WHICH this court consider Of
no consequence. II is not the duty Of
commander under any circumstances, and
ir the situation III which Captain Barron
then was, it would have been highly improp-
er to consult his inferior officers As to the
propriety Of hauling down his colors. 1t in
the opinion of the court therefore, thaa
Captain Gg1Is Barron j. NOT GUILTY
under this fourth and last charge, " for noe
doing his utmost TO take or destroy the
LsofcrG, which Vessel 1t was his duty to enc
COUNTER" az this charge il explained ana
limited 81 the specifications annexed to it.
TN giving thete opinions II win be per-
ceived, that the court have felt themselves
bound to consider the several charges pre-
ferred as explained and limited By the spe-
ciGc2tiofs anneHed TO them respectively.
Tie opinion Of the cosrt therefore upom
those charges Of which they have acquitted
the accused, is 20 Be considered in ns other
way, than that he IL uot guilty under these
charges as 90 explained and limlted-Ne
transportation Of the specifications, or any
other modification OF the charges tler-
selves would tltdr the opiu,5n Il tie court
Us 20 t4s tirmness and courage NJ the acc9-
and satisfactory
Tie Court havIiF agreed IN, III. preced1
ing opinions that Captain Games RyYon, al
though not guilty Of three Of the charges
preferred against hing is nevertheless guilty
under that wherein he Is accused q for
neglectlnE on the probability Of AZ engage
ment TO clear his ship for action,'' do fur
ther agree, that the said Captain Ta7rles
Rarr9n, being guilty Of this charge, falls un-
der part Of the fourth article of the rules 6
regulations fer the government Vt the navy
OF the United States adopted by an act Of
the Congress Of the United States, passed
on the tvfenty-third day Of April, in the year
Of our Lord one Thousand eight hundred,
and entitled " An act for the Better governs
ment Of the Flvy OF the United States,''
and they DO adjuage and SENTENCE the
said Captain 'fagteS BarToH To De STSPEN-
DED from all command in the Navy Of the
United States; and this without pay or Off
cial ertoluments, of any kind, for the period
and term Of FIVE YEARS from this eighth
day Of February, III the year Of our Lors
ore thousand eight hundred and eight.
JOHN RODGERS,
VIM. BAINBRIDGE,
HUGH G. CAMPBELL,
STEPHEN DECATUR, IA
JOHN SHAW,
John SMITH,
u PORTER.
JOS. TARBELL,
J.JONES,
JAS. LAWRENCE.
CH AS. LUDLOW.
LGTTN. w. TAzEwELL,
Judge 4av0cate.
Y. The a6ove sentence has been confirmed BY tie
President II the United Stairs.
We understand that the proceedings IN
the other cases submitted 10 the court MARI
tial AZ Norfolk nave not been yet received.
N.stioa0l EatsLHgeaces
s. -
A,recdofe of Dy, FranfGIi.
The conversation having turned in pres
ence Of DR., Franklin, upon riches, and
Young person in the company havinr eve