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

beating. The Court are therefore of opinion.
that this fourth specification is fully proved.
| 5th. 1t does not appear to the court, from
! the manner in which captain James Barron
ordered his men to quarters, he did not e.
vince determination bravely to defend his
ship. The Court are therefore of opinion,
that this fifth specification is hot proved.
| 9th. The Court are not informed of any
particular station assigned to commander
during an engagement. 1t is generally con-
sidered that the most proper place for him is
upon the upper deck, but he is at liberty to
SO and ought to go to any place where his
presence will be of most Importance 1t an
pears to the Court that captain James Barron
never did leave his upper deck during the at
tack, and the Court are of opinion he should
not have left it. 1t does appear to the Court
| that he remained a considerable part of tile
time during the attack at the garieway, not
| as If imploring forbearance, but for necessa-
| ry and proper purposes. The Court are
therefore of opinion that this sixth specii-
cation is not proved.
9TH 1t does not appear to the Court. that
captain James Barron did draw any of his
men nom their guns to lowering down a boat
| or boats, to send on board the attacking ship
during her attack Upon him. The Court
| are therefore of opinion, that this seventh
specification is not Provcd.--L--It does
appear to the court that captain James Bar
ron did draw some ofhis men from other sta
lions for this purpose, but in this the court
sees nothing to criminate captain Barron, e.
ven II 1T were admissible to do so under this
specification.
| 9Th 1t does not appear to the Court, that
captain James Barron ordered his first lieu
tenant from his quarters, during the attack,
to carry a message on board of the Leopard.
at that time firing upon him. The court are
therefore of opinion, that this eighth specifi-
cation is not proved. AS the decision of tile
court upon this subject, when coupled with
some parts of the evidence exhibited in this
case, proving that Mr.. Benjamin Smith,
me hrst Lieutenant was in boat, may per-
maps DC calculated to throw some imputati-
on upon the reputation, of that young officer.
who is now dead, the court take this occas;,
on to express their opinion, that he does not
merit any such imputation.
Sth. 1t does not appear to the court, that
captain James Barron did use any language
| in the presence of his men calculated to dis
pirit them. The court are therefore of opi-
Mon, that this ninth specification is not prov
ed,,
10th. 1t does not appear to the Court, BY
| satisfactory EVIDENCE, that during the attack,
captain James Barron ordered his men to
keep down, that they would all be cut to pie
o
this tenth and last specification is not PROV
ed. The court are satisfied that some such
words were uttered, but are also satisfied
that the words actually used were of very diff
ferent import, and were uttered at time
when they could not have produced any i'm
proper effect upon the crew.
The only two specifications annexed to
this charge, which are proved, are not such
as in the opinion of this court establish the
| proposition, that the accused failed to 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
tainly great neglect of dity, but this does
not support any charge against the 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 it began
to beat contrary to his orders, so far from
proving him deficient in courage, are consi-
dered by the court as strong evidences, of
his GOODNESS and reflection at that moment
Indeed it would require very strong evidence
to satisfy this court that an officer who ex-
posed himself a. an open gangway, under
heavy and close fire, who being wounded
still remained on his deck during the whole
attack, giving his orders coolly and d stinct-
ly, 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 are
satisfied. was captain James Barrons Con-
duct and situation, and however they may
think of his activity or judgment, they feel
themselves bound to declare that he is
NOT GUILTY under this third charge, y
for failing to encourage in his own person
his inferior officers and men to fight coura-
geously."
The fourth and last charge stated in the
warrant of the honorable Secretary of the
Navy against captain James Barron is in
| these words:
"For not doing hisutmost to take or destroy
the Leopard, which vessel it was his duty
to encounter"
SPECIFICATION"
1st. In that the said ship Leopard, did
fire upon the said frigate Chesapeake and
the said James Barron did fail suitably to
repel said attack"
Cd. " In that the said frigate Chesapeake
was by order of the said James Barron sur
rendered to the said ship Leopard, at a
" time when injuries sustained either on the
said frigate or her crew did not make
such surrender then necessary"
3d. " In that the flag of the said frigate
Chesapeake was by order Of the said
4" James Barron struck to the said slip Leo