The enquirer. [volume] (Richmond, Va.) 1804-1815, 1808-06-03


report as this being proved 70 have heen
made, the court are of opinion that this tenth
specification is not proved. 49,
IL. 1t is Admitted by the said Charles Cor
don, that the matches of the said frigate
were not primed, or any care taken by him
toprime them. But the court is we'll salts
fled, that it is rarely the practice of naval
commanders and never necessary to have
Inatches,primed: while therefore the court
are of opinion, that this eleventh specifca-
ton is fully proved, they do not .imputc any
neglect of duty to the said Chariss Gordon on
his account. @t
10. 1t appears to the court, that the match
es of the said frigate were ordered by the
said Charles Gordon to be kept, and were
actually kept in the gvnner's store ROOM
This the court are OF opinion is a place as
+ proper as any, but.not more proper than ma
ny others cupboard the Chesapeake for keep
ing matches The court are therefore of O.
pnion, that this twelfth specification is not
proved. ,t
l3. K appears to the court, that the said
charles Gordon did take care TO have the
marines on board the said frigate supplied
with enough cartridges, by sending to the
officer ofthati detachment number OF car
trdges for his marines. And as no report
to the said Charles Gordon, the court are
ofopinion, that this thirteenth specification is
IS not proved.
II. 1t appears to the court, that the car.
tridges which the marines on board the said
frigate had, although they did not exactly
and:tightly fit the calibre of their Hluskets,
were nevertheless OF good and proper size.
The, court are therefore of opinion that this
fourteenth specification is not proved.
Is. 1t does net appear TO the court by the
evidence, that the said Charles Gordon did
call upon the gunner of the said frigate, for
report the state and condition of the guns
and all ath er mat ers in his department. Nor
are the court satisfied, that he did not call
/, for and receive such report. This negative
accusation requires no proof Or the part of
the prosecution to establish il, and the death
OF the first lieutenant renders it very, diff
cult for the accused to disprove it. This re-
port however to have been regular, should
have been IN writing, and 1t is admitted by
the said Charles Gordon, that no written re
port wes evermade. The court are therefore
Or cpirion that this fifteenth specification is
proved.
is. 1t apears to the court, that the said
Charles Gordon did receive daily reports
from the commanding officer OF the marines
on board the said fiigate Chesa., of the state
and condition of the said Marines; but it does
not appear to the court, that the said Charles
Gordon eterscailed upon the commanding Off
Ger OF the said marines for, or ever received
from him any report Of the arms and supplies
OF ammunition of the SAID marines. The
court arc therefore ofopinion that this six
modification is proved in part
II. 1t appears to the court that the said
Charles Gordon did report in effect although
not III so many words, to the said James
Barron, that the said fligare Chesapeake
was ready for sea. The numerous circum
stances which are stated III this specification
the court have already noticed, and decided
either to be rot proved. or not 20 effect the
accused. w iliic therefore the court are OF
opinion that this seventeenth specification is
proved in part, they do not attach any cen
sure upon the said Charles Gordon en- this
account. OF the correctness Of the report
herein stated, the court will have occasion to
decide In noticing the subsequent spccifca-
tons.
Is. It appears to the court that the said
Charles Gordon did report to the said
James Barron lin effect, aitho' not i'll so ma
ny words) that the said frigatc Chesapeake
was ready for sea, when she was not ready
for sea as a man of war ought to be. But
the court are satisfied that the crcumstag-
ces which then existed and which made
the said frigate not ready for sea US mar
Of war ought to be, were not known to the
said Charles Gordon when this report was
made (altho' he had taken the proper means
10 ascertain any defeCtSf or IT known were
stated in terms sufficiently plain to be under
stood by the said James Barron. While !
therefore the court arc of opinion that this |
eighteenth specification is fully proved, they
do not impute any neglect of duty to the +
said Charles Gordon OF this account.
10. Isappears 70 the court, that upon TIE |
said. JameS Barrop's going on board the said |
frjgate Chesapeake, the said Charles Cor
don did report. to him that the guns of the |
said frigate had never been exercised, but
made no other report of the particular state
and condition of the said frigate. 1t appears
to the court also, that the said James Bar !
ron was under erroneous impressions, excit- I
ed by the several reports of the said Charles !
Gordon, to him, as TO the discipline of the .
crew OF the said fi'igate, which impressions
the said Charles Gordon did not remote
Futsls the court are Of opinion that it was !
tie duty Of the Gaid Charles Gordon, after
reporting as he had done TO the said James
Barron, to have reported to him only the de |
fects, which !.c might know TO exist, To pre- !
vent the said frigate from proceeding to sea
and as the court are satisfied, that although I
he h.a tc!-eA The proper means 10 ascertain
it, the said Charles Gordon knew Of no other /
defect, except tho men not being trained to |
their guns, which he did report, the court I
cannot consider his falling to MAKE any o. /
11to,. 80 -.