Alexandria daily advertiser. [volume] (Alexandria [Va.]) 1803-1808, 1808-05-13

Tie Eourt RuFsuaot to an order rem the
honorable Robert Smith, seeresary~ot tae
paw of the u S. TO captgiu Ioho Is o.
gers directed. brariug dare 90 she seveosh
day of December, 10 the year OF oor Lord
one shoossnd righs hundred aud ssvso, pro-
cseded Gas therein they are directed) try
Zones Barron. esq. captain in ehe navy
of ,he u S. upon the charges N che said
war,anf stated, and thereto preferred 9.
esiass him and having heard all thc evi
dence, ADD the prisoners defence, aad
very u,asIrsly ADD thoroughly coasidsFed
the same, gave the following
OPINION:
TIE 6rst charge stated against capta'o
TaTaes Bsrseo Ia the warrant OF the hon.
sccressrY Of the navy is IN these words:
For negigeusly performing the duly
assigned him. .
g SPECIFICATION
fst. In that be did noE visit the frigase
Chesapeake. deriog t1e peried she reasa'sa-
ed n Hampton roads, and before she pro.
\ cseJed 20 sea, as ofseo as he was 10 duty
boua1 10 do
9 'sIa ,nat when be did visit her he did
nor, as il was his bounden duly 60 dc, .eS
ayaine particularly iaso her STATE and condi-
tIoo.''
In decidjbg upon this charge, the court
will make the following sta,emenss:
Isl. issppears TO the conrf, that esPta'n
Jslnes Rarron did visit the frigase Chesa-
peaketw,ce 3oriog the period she renamed
10 Hsmp,ou roads, and before she pro.
ceeded 10 sea. tbat is between the fourth
twentv-6rsi days of June last. Add as by
she nayal regulations. issued by the com-
rnaud Of the president of ,he u. 5. the
number Of visits which the commander OF
a sqaatison is directed TO pay 20 che ships
oi his squadron or division is ieEt to bis
own discretion, The court is OF opinion,
ths: capisia Ba,ron was made the J1dge
upon this subject himseif-and seeing 10
\ the syI6spec, no reasons existing At that
time. 40 question the proper exercise OF
bis discretloo 10 this respect, The, court are.
of opinion that this first specification is not
proved.
81. 1t does DOT appear 70 the court, tha.
when captain James Barron did visit the
frigate Chesapeake, be examined Particu.
Ia,iy INTO her stare and condition. But as
ie has been clearly established by the evil
deuce, that captain Barroo during this pc
riod was acting under the orders OF the
honorable the SECRETARY oishe navy, where
By be was app inted a commodore or com.
mauder of a squadron, thar by other or,
ders derived from the same source, mas.
ter aud commsudcf had been appointed 20
act as capSa,o Of This particular ship, IN,
der The said James Barrop as commodore,
ard that this aching captain was then on
board the ship, the court are Of opinion,
that il was not the bounded duty OF CON
nodore Barron to easmine particularly
into her stale aud condition, ADD therefore
that this second specification is not proved.
The omission 90 visit the frigate Chesa
peake during the period she remalaed 10
Hampton Roads ADD before she procee led
sosea, as often as he was In,dnsy bound to
do, and the omission when he did visit
her,, TO examine particularly into her state
and condition, being the only circun-
stance ayerred 10 the accusation as estab.
lshiog this frss charge, "for negligently
I performing the duty assigned him. aud
the sour, being of opinion that he did visit
the trigate Chesapeake as often as be was
in duty bound 20 do, and that it was not
his'boundes dutY 70 examine particularly
into her state aud condIsion, when he did
visit her, must of ceurse. decide that capt.
James Barron is. NOT GUILTY under
m istiras charge, as limited and explained
by these specifications.
Inc second chargc against captaio Bar
ron stated 10 the warrant of the houora.
bic secretary of the navy is 10 these
words: $500