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

pard in putting to sea, the history of that
day enables the Court now to conjecture with
some certainty. But at that time, and in
her situation, there We're such variety of
innocent objects. equally probable to be then
held in view by her, that this court cannot
impute to captain Barron any blame whatso-
ever for not downing her real intentions at
that time
1t appears to the court that the tompions
OF the Leopard were out sometime before
she commenced firing upon the Chesapeake,
ard this the court Considers as an indication
OF hostile disposition. But as it APP
pears to the court also from the evidence
upon this head. that so soon as captain Bar
ron was informed of this fact, he ordered his
men to quarters, the court are Of opinion
that no part of this second specification is
proved.
Sd. This court having heard all the testi-
monv relative to the various maneuyres of
the Leopard after she put to sea, must from
the facts established by this testimony, and
not from the opinion of the court of enquiry,
OH which they do not consider themselves
bound IN any manner to decide. Judging
OF these maneuvres from these facts, the
court are of opinion, that there were no in
| tentions to fire upon the lfrigate Chesapeake
| manifested by the British ship of war Leo
pard, at any time before an officer of the
| Leopird was sent on board the Chesapeake,
| and therefore that this third specification is
not proved.
4th. 1t does not appear to the court, that
the said ship Leopard did approach the said
| frigate Chesapeake, under any of the APP
pearances of being prepared tor action, and
| therefore the court are of opinion that this
| fourth specification is not proved.
5th. 1t appears to the court, that captain
| James Barron did receive from the comman-
| ding officer Of the Leopard, communicate
| on clearly intimating, that if certain men
were not delivered up to him, he should pro-
coed to use force; and that the said James
| Barron Vet neglected to clear his ship for ac-
ton. The court are therefore of opinion
that this fifth specification is fully proved.
9th. 1t appears to the court from part of
the communications of captain James Bar
ron, to the honorable the Secretary of the
Navy, and from the evidence of witnesses
with whom thu said James Barron conversed
| upon this subject, that he did verify believe
| from the communication received from the
| commanding officer of the said ship Leo
| pard, that he would take by force if they
could not be obtained by other means. any
British descrters that could be found on board
the Chesapeake, and still that the said
James Barron neglected to clear his ship for
action-The court are therefore of opinion
that this sixth specification is fully proved.
Part of the facts specified in the accusati-
ON as establishing this second charge being
thus fully proved, and the court being OF o.
Pinion that tie facts so proved are sufficient
of themselves to support this charge, decide
that the said James Barron is guilty under
the second charge " for neglecting on the
probability Of an engagement to clear his ship
for action"
The third charge against captain James
Barron, as stated in the warrant of the hon.
the Secretary of the Navy is in these words ::
Ct For failing to encourage in his own person
his inferior officers and men to fight cou-
rageously."
SPECIFICATION.
1st. &c In that he did not on the first mo-
ment of an Indication of suspicious appear
" ance of hostile intention on the part of
" said ship Leopard, order his men to quar-
"ters."
Cd &c In that he did not after he was sat
ished that an attack upon his ship would
4" be made, use prompt and oficerlike mea-
" sures to prepare his ship for oattle.''
Sd. I" In that when he did order his men
" toqnarters, he did not order them as be-
came an officer of the American navy.''
4th. In that he ordered that the drum
should desist from beating, and that tn
men shouldbe got to quarters secretly with
" out beat Of drum"
5th. In that from the manner in which He
&c ordered his men to quarters, he did not e.
vince determination bravely to defend
his ship"
9th. In that he was not at his station
{" during the attack aforesaid, but remained
4" a considerable part of the time at the
" gangway, as if imploring forbearance."
9TH. In that he drew his men or some of
"them from their guns, to lowering down a
e" boat or boats to send on board of the attack
" ing ship during her attack upon him.
9th. " In that he ordered Els first lieute-
" nant from his quarters during the attack
to carry message on board the Leopard,
" at that time firing upon him.
9th. In that during the attack he used
language in the presence of his men cal
culated to dispirit them.'
10th. " In that during the attack he or
dered his men to keep down, that they
would all be cut to pieces"
In deciding upon this charge the Court will
make the following statements:
1st. 1t appears TO the Court, that captain
James Barron the first moment after he
knew of an indication of suspicious appear
ance of a hostile intention on the part Of the
| said ship Leopard, that is, after he knew her
| tompions were out, did order his men to
quarters. The Court are therefore Of opini-
on that this first specification is rot proved