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

upon the iaid frig2te Cb5lateake, and Till. thar
the faid Jaz7ef Barron neglected TO clear his
fhip for action"
4th. In that the faid fhip Leopard did ap-
proach the faid frigate CbeIas.als, under all
the appearances Of being prepared for action,
and fill the faid James Barron neglected to
clear his ihiP for action"
5th. +" In that the faid Tamy Barron did
receive from the commanding officer Of the
Leopard communication clearly intimating
that If certain men were not delivered up to
him he ihould proceed TO ule force, and Till
the iaid Tame5 Barren neglected to clear his
fhiP FOR action"
9th. " In that the faid Taves Barren did
verify believe from the communication he re-
ceived from the commanding officer Of the,
faid lhiP Lrqpard, that the laid ihip would fire
upon the faid frigats CbesbeqEe, or take by
force if they could net nc obtained by other
means, any Britifh delerters that could be
found on board the CbsiapeaAe, and lilI the
faid Jams5 Barron neglected to clear his nlip
for action"
In deciding upon this charge the Court vii
make the following ftatements:-
IT. 1t does not appear to the Court, that
any threats were ever uled on the part CT any
commander of a Britifh vehel Of war, that he
would take by force, if he could not other.
wife obtain them, certain mer from on board
the frigate CbljabeaEe, Cey y the threats
which may be conGdered a. contained in the
documents hereafter referred to, and which
coufitute the lubjef Of another fPecidcation)
Of courfe il does not appear that any other
threats were known to or heard by Captain
97zsI Barren the Court mutt therefore decide
that this firft specification is not proved.
Cd. Il appears 10 the Court that the Bri-
tifh ihiP Of war the Leopard did put to fca after
certain 6gnals had$been feen and noticed by
Captain J1r7sr Barron Whether anv other
vefel was then in fight Of her, or whether 1e
60 to Re bur the Cbgaps1ls, II is impofibIe
from the nature of things that this Court can
now decide, nor i it necefary that they fhould
decide
|, appears to the Court ALTO, that the ports
of the fad flip Le9plrl were triced up con-
hderabie time before fhe commenced firing
upon the Cte5abeats Blu, when the Court ad-
verts to the relations between Creaf-B i'air
and the United States az that time, to the fitu-
alton Of the Brit1i fquadron which had been
lying in the C@e5abrats Bgy for many months
preceding this, and TO the ltate Of the wind
and weather At this period the Court cannot
conhder the putting to fea Of one Of that
iPuadron, N coniequence Of hgnals made to
her, o. the triceL up ports OF two dicker,
n warm weather and fmJoth fea, As indi-
cations Of hottie difpOftion towards The
trIgzts Cb@gfaaf~, whether any other vede was
- 6pht ~ that tI.rsv
What vyas stIe Prorabig oGAeCt Oh The Lss
$arjih putting 70 iea, the hAory oflthat dzy
enables the Court row to conjecture with
fome certainty. But az that time, and in her
htuation, there were luch vatiety of innocent
obletss equally probable to Be then held il
view liz her, thar this Court cannot impute to
Captain Barron any blame whatfoever for not
divining her real Infections at that time.
rapPears to the Court that the tompons
Of the Le9ozrf were ost fome time before lhe
cot-menced firing upon the CB-apeaic, and
this the Court cOnlIders as an indication Of a
hottie dllpoiitiOn But Is !; appears to the
Court clio frona the evidence upon this head,
that 70 loonas Captain Pa,roa was informed of
this fact, he ordered his men to quarters, the
Court are IF opiriOn thar no part ofshis fecohd
specification Is proved
81. This Court HAVING AearG z'l the telH-
rrony relative 10 the Various manEuvers OF the
Lespqyd afser me pat 10 lea, uuG form IL O.
pinion from the facts enabIiihed ~ this teni-
moRyi aud not from the opinion u the Court
OF Eaqurv, on which they az not confider
thenleIves bound in any MANNER to decide
Judging q thele r1anruvers from ihele fals,
the Court are ~ opinion, th2t there were 10
intentions to FIRE upon the frigate Cbsfabf4
Tanifehed by the Pfitih fhip Of war Leopard,
tany time before an fiicer Of the Leopard
was lent on board the Cbesgteafe, and there
fore that this third Specification Is not pro-
we'd.
4th. Il does not appear to the Co1rt, that
the iaid nip Leopayj did approach the faid
tr7gate Cbe5zt cake, under any of the appear
anees Of being prepared for action, and there
fore the Court are OF opinion that this -four h
specification il not proved
9Th. L appears 20 the Court, that captain
JaTc5 BaryoH cid receive fro the commanding
othcer OF the Ls9bzyd, a communication clearly
ntImatIng, that If certain men were not dev-
cred up to him, he lhould proceed TO lla
force and that the faid Taruef Barron yet
neglected to clear his 1hip for action. The
Court are therefore Of opinion that this fifth
specification is fully proved
9th. ltappears to the Court from part Of
the communications of captain James Barron
to the Honorable the Secretary Of the Navy,
and from the evidence Of witnehes with whom
the fad Jame5 Barn converted upon this
iubjeef, that he did verify believe from the
communication received from the command
ing officer of the faii fhip Leopard, thar he
would fake by force if they couid not be OBJ
tanned by other means, any BrftiG deierters
that could be found on board the CJ1apeakr,
and fill that the Eaid James BarrO" neglected
70 clear his fhiP for action The Court are
therefore Of opinion that this lixth fpecifca-
tion is fully proved
Part Of the facts fpecifed in the accufation
as eRabiihing this lecond charge being thus
fully proved and the Court being of opinion