Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1808-05-17

Il has been clearly established by the evil |
dence, that capt. Barron during this period |
was acting under the orders of the honor |
able the Secretary of the Navy, whereby
he was appointed u commodore or comman-
der OF squadron, that by other orders de-
rived from the same source, master and
commander had been appointed to act as
captain of this particular ship, under the
SAID lanes Barron as commodore, and that
this acting captain was then ON board the
ship, the court are of opinion, that 1t was
not the bounden du'y of commodore Barron
TO examine particularly into her state and
condition, and therefore that this second
specification is not proved
The omission to visit the frigate Chesa.
peake during the period she remained in
Hampton Roads and before she proceeded
to sea, as often as he was in duty bound
tn do, and the omission when he did visit
her, to examine particularly into her state
and condition, being the only circumstances
averred in the accusation as establishing
this hrst charge" for neshgently perform
ing the duty assigned him" and the court
being OF opinion that he did visit the fri
gate Chesapeake as often as he was in du.
~ bound to 90, and that twas not his boun-
den duty to examine particularly into her
state and condition, when he did visit her,
must OF course decide that captain James
Barron is NOT GUILTY under this first
charge, as limited and explained by these
| specifications.
lne second charge against capt. Barron
| stated IN the warrant of the Honorable
Secretary of the Navy, is in these words :
"For heglecting OIL the probability of
an engagement 20 ciear~his ship for &C.
| tion."
SPEcIFICArIoS.
LIST. I" In that certain threats on the part
o. some commander of a British vessel of
war, that he would take by force if he
could not otherwise obtain them. certain
men from on board the frigate Chesapeake.
and that such threats were known or heard
by the said James Barron, and still he neg
iected to clear his ship for action
I'd. - In that there were various
indications of hostile disposition to-
wards the frigate Chesapeake, exhibi-
ed by the British ship of war the Leo
Pard, to wit, her putting to sea after
certain signals had been seen and no.
ticed by the said James Barron. when
there was no other vessel in SIGHT. or
any other Object to induce her to po
TO sea bat the Chesapeake the ports OF
the SAID ship Leopard were triced up,
and her tompions were out consider
] able time before she commented FIRING
upon the Chesapeake and still, that
notwithstanding these suspicious ap-
lpearances, which were seen and OBJ.
served by the said James Barron, he
neglected to clear his ship for action p
Sd. I'm that by various nance yres
which are set forth in the opinion of
che Court of Enquiry hereto annexed,
the british ship of war Leopard did
manifest an intention to fire upon the
said frigate Chesapeake, and still that
the SAID James Barron neglected to
clear his ship for action"
! 18th. {" In that the said ship Leonard
did approach the said frigate Chesa.
peake, under all the appearances OF
being prepared for action, and still the
SAID James Barron neglected to clear
his ship for action"
5th. C In that the said lanes Far.
ron did receive from the commanding
officer of the, Leopard a comn,unica
ton clearly insimating that if certain
men were not delivered up to him, he
should proceed to use force, and still
the said James Barron neglected to
clear his ship for action"
9th. 3" In that the said James Bar
ron did verify believe from the com
munication he received from the com.
'mandIng officer of the said ship Leo.
Pard, that the said ship would FIRE up.
on the said fiigate Chesapeake, or take
by force, il they could not he obtained
by other means, any British Deserters
that could be found on board the Che.
sapeake, and still the said James Bar
ron neglected to clear his ship for ac.
ton" az
In deciding upon this charge the
Court will make the following state
ments
ist. 1t does not appear to the court,
mat any threats were ever used on
the part of any commander of Bri-
tish vessel of war, that he would take
by force, if he could not otherwise OBJ
tam them, certaie men from on board
the trigate Chesapeake, Except the
threats which may be considered as
contained iu the documents, hereafter
referred to, and which constitute the