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COMMODORE BARRON.
Washington', November 16.
On Friday last, we understand, the secretary
of the navy laid before the committee ol the
h cse ot representatives on aggressions, a de
t died statement of the circumstances attending
tlie outrage committed on the Chesapeake, to
gether w.di those which occured prior and sub
sequently to that event. To gratify the pubiic
solicitude on this important subject, we publish
tile following opinion of the cou r t of enquiry and
hone to be shortly enabled to submit to the pub
lic the other documents connected with'this af
fair, which are said to be in the highest degree
interesting—Nat. Intel.
At a court of enquiry assembled on board the
United States ship Chesapeake, in the harbor
of Norfolk ami state of Virginia, by order of the
honorable Robert smith, secretary of the navy
of tlie United States, and continued bv adjourn
ment from day to day, from Monday the sth
day of October, 1807, until Y\ ednesday the 4th
day of November, 1807,
PRESENT,
Capt. Alex. Murray, president, and
Captains Isaac Hull, and 7 members there
——— Isaac Chauncey, > of
The following opinion and report was unani
mously given, and directed by the court to he
transmitted to the h movable the secretary of the
navy of the United States.
Pursuant to an order from the honorable Ro
bert Smith, secretary of the navy of the United
States, to captaip Alexander Murray , directed,
dated the 12th day of September, in the r ear of
our Lord one thousand eight hundred and se
ven, t*lie court proceeded to enquire into the
causes of the surrendeoof the Chesapeake, a fri
gate ot the United States, then under the com
mand of James Barron, esquire, a captain in the
navy ot the United States, to a British vessel of
war ; which surrender was made (as is in the
said order stated) without that defence being
made which might have been expected from the
known valor ot Americans ; and having heard
all the evidence adduced, as well by the judge
advocate, as by the said captain James Barron,
and having maturely and thouvoughly consider
ed the same, (captain James Barron having de
chndd to offer any defence) report to the honor
able the secretary of the navy of the U. States,
as by his said warrant is required, a state of
the matters touching tiie said surrender, togeth
er with their opinion thereon, asfoUoweth :
L It appears to the court, that the United
Stares ship Chesapeake, then under the com
mand of James Barron, esquire, a captain in the
navy of the United States, sailed from Hampton
Roads, on an intended cruize in the Mediterra
nean sea, on the morning of the 22d of June lust
past, having on board a crew consisting of morp
than three hundred and seienty men, and com
pletely equipped with every thing necessary for
such a ship of war, sailing on such a cruize.’
2. It appears to the court, that captain Bar
ron was appointed commodore of the ships and
vessels destined for the Mediterranean service
on the 15tli day of May last past, and hoisted
his broad pendant on board the Chesapeake,
the first time he came on hoard of her after her
arrival in Hampton Roads, to wit, on or about
the 6th day of June last past.
or It appears to the court, that commodore
JJarron visited the Chesapeake only twice dur
ing the period she remained in Hampton Roads,
and before he came on board to proceed to sea ;
on neither of which occasions, did he examine
particularly into her state and condition.
4. It appears to the Coer'S, that the guns of the
Chesapeake were never exercised before she
proceeded to sea ; that her crew were quarter
ed but a few days previous to that time, and
had nev'ei been called to quarters more than
three times prior to her sailing for sea.
5. It appears to the court, that the ship was
reported to commodore Barron to be ready for
sea on the 17th day of June, that lie came on
board on the 21st, and that the ship sailed on
the morning of the 22d of June last past.
6. It appears to the court, that antecedent to
the sailing of the Chesapeake, there had been
received on board of her some persons who had
been claimed by the British government as de
serters from their service, but who were not or
dered to be delivered up by the American offi
cers. That there was also a report in circula
tion, and generally known on board the Chesa
peake, that a threat had been used by the cap
tain of the British ship of war Melanipus, to
take these men from the Chesapeake—That
commodore Barron had full knowledge of the
facts that such men were on board ills ship *, that
they had been demanded by the British govern
ment, and had not been delivered up, the court
are perfectly satisfied—but no positive evidence
bus been adduced to prove, that the report Os
the threat above mentioned was communicated
to him before the ship sailed.
7. It appears to the court, that the Chesa
peake, in proceeding from Hampton roads to
sea, passed a British squadron, at anchor in
Lynhaven bay, who, at the time of her passing
them, were making signals to each other, which
v as not only reported to commodore Barron by
one of his officers, but actually observed by
himself.
8. It appears to the court, that the British
ship of war Leopard, of 50 guns, one of the
squadron then at anchor within the limits of the
United Statcsfweighed immediately after these
signals were thrown out, and stood to sea.
9. It does not appear to the court, that at this
time there was any other vessel in sight, or any
other object to induce her to go to sea but the
Chesapeake.
K l . It appears to the court, that, at the time
the Leopard got under way, that the wind was
at south-south-west, and therefore fair for her
to proceed to sea ; but that, instead of availing
herself of this to clear the land, she hauled by
the wind close round Cape Henry, and stood
to the southward, under easy sail—thereby
shewing that it was not her intention to get oii
the land speedily,
11. It appears to the court, that after this tht
wind became light and baffling, and likely t(
Shift, and came out from the eastward; that
when this happened, the Leopard shortened
saji, and stood to the eastward.
12. It appears to the court, that after this the
wind did come out from about south-south-east,
and that the Leopard, then having thus got the
Sfs.ather-§jiage, presort ed it by tacking in shore
when the Chesapeake did so in order to get off
her pilot; and after the Chesapeake again stood
off to the eastward, that the Leopard wore and
bore down for her.
13. It appears to‘.he court, that when the
Leopard tacked and stood in shore, on the same
tack with the Chesapeake, that her low ex -deck
ports were all triced up. ‘
14. It appears to the court, that when the
Leopard run down for the Chesapeake, she
rounded to on her starboard quarter, and to
windward of her, and that at this time her tom
pious were out of her guns.
15. It appears to the court, that commodore
Barron was upon deck, observing the Leopard,
during the time these manoeuvres were practis
ing, and these appearances exhibited.
IC. The court is of opmion, that the circum
stances above stated were in themselv es so sus
picious, as to have furnished sufficient warning
to a prudent, discreet and attentive officer, of
the probable designs of a ship of war conducted
in that way, and ought to have induced commo
dore Barron to hav e prepared his ship for ac
tion, especially with the information he possess
ed of the situation of his crew, generally, of
those who had been demanded by the British
government, particularly, and of the general
state of the ship at that time.
17. It. appears to the court, that com mod orb
Barron nevertheless did not order his ship to be
cleared for action, and that he did not cad his
men to quarters.
18. It appears to the court, that when the
Leopard came along side of the Chesapeake,
an officer was sent from her, with a communi
cation from capt. Humphries, the captain of the
Leopard, to commodore Barron, which the lat
ter could not, and did not misunderstand, but
very correctly concluded to be a demand with
which he ought not and could not comply’, and
one which, if refused, would be enforced, if
possible.
19. It appears to the court, that although
such was the situation and impression of com
modore Barron, at thr. time, yet that he still*
did not order his ship to be prepared for action,
although ample time was allowed for that pur
pose, the British officer bfcing detained on board
the Chesapeake from thirty-five to forty-five
minutes.
20. The court is of opinion, that the neglect
of commodore Barron to prepare his ship for
action, under such circumstances, is a direct
breach of the fourth article of the rules and re
gulations for the government of the navy of the
United States, adopted bv an act of the con
gress of the United States, passed on the 23d of
April, 1800, entitled, “An Act for the better
gov eminent of the Navy of the United States.”
21. It appears to the court, that after the
British officer left the Chesapeake, bearing a
positive refusal from commodore Barron to the
demand which had been made by captain Hum
phries, and after commodore Barron was hiili
self satisfied that an attack upon his ship would
be made, he did not take prompt, necessary
and efficient means to prepare his ship for bat
tle—That his first order was to clear his gun
deck, and the second given, after the lapse of
some time, was to get his men to quarters se
cretly, w ithout beat of drum ; although with
such a crew as he had on board, and in such a
situation as the ship then was, it was not to be
expected that such orders could be effectually
accomplished.
22. It appears to the court, that the conduct
of commodore Barron during the attack of the
Leopard, manifested great indecision and a dis
position to negociate, rather than a determina
tion bravely to defend his ship. That he re
peatedly hailed the Leopard during her attack
upon him—That he drew his men from their
guns, to lowering down boats, to send on board
of the attacking ship—and that he ordered his
first lieutenant from his quarters during the
attack, to carry a message on hoard the Leop
ard, at that time firing upon him.
23. It appears to Uie court, that during the
attack, commodore Barron used language m the
presence ol his men, calculated to dispirit his
crew, by ordering them to keep down, that they
would all he cut to pieces.
24. It appears to the court, that commodore
Barron ordered the colours of the Chesapeake
to be struck, and that they were struck before
a single gun of any kind was fired from her ;
and that at the time they were so struck, her
main deck battery was in a situation which
would have enabled the return of a broadside in
a very short time.
25. ‘Flic court is therefore of opinion, that the
Chesapeake was prematurely surrendered, at a
time when site was nearly prepared for battle,
and when the injuries sustained either on the
ship or crew did not make such a surrender
then necessary ; anil that for this, commodore
Barron falls under a part of the sixth article of
tlie rules and reguL •* .ns for the government
of the nav y of the United States, adopted by an
act of the congross of the United States, passed
on the 23d day of April, 1800, entitled “an act
for tlie better government of the navy of the U.
States,”
26. The court-is of opinion, that although the
conduct of commodore Barron, before and dur
ing the attack of the Leopard, evinced great
inattention to his duty and want of decision, yet
that during that attack he exposed his person,
and did not manifest either by his orders or ac
tions any personal fear or want of courage.
27. It appears to the court, that although the
Chesapeake might and ought ter have been bet
ter defended than she was, vet that she was not
in a situation at the time of the attack made
upon ner, to have enabled so gallant a defence
being nwde as might be expected. Some of her
guns were not securely fitted in their carriages,
some or her sponges and wads were too large,
but few of her powder-horns were filled, her
matches were not primed, some of her rammers
were not in their proper places, her marines
were neither supplied with enough cartridges,
nor were those which they had of the proper
size. None of these circumstances however
could have influenced commodore Barron in
striking his colours, because taey were not
known to him at the time.
28. The court is of opinion, that the conduct
of all the other officers of the ship, except those
whose duty it was to have remedied the defi
ciences before stated, and of tlie crew generally,
was proper, commendable and honorable.
A true copy, L. W. Ta z ewei.l,
Judge Advocate’
Savannah,
TUESDAY EVENING, DECEMBER 1, IPO7.
Yesterday the council of ibis city met, and
made choice ol Charles Harris, esq. as
Mayor, vice \\ illiam Davies, esq. resigned.
|C7 \Vc arc authorised to state, that cap
tain Andhkw M'LeAn, is a candidate for the
office ot alderman, in the room of major Willi
am Brown, resigned.
It is expected that the legislature of this state
will adjourn ft tlie end of the present week.
Letters from Milledgevillt* state, that arrange
ments had been made to prevent any thing new
being brought before the house after last Satur
day. Owing to the prevalence of the influenza,
which has carried iff some of the members,
very little business has been don.- by the legi
slature. A proposition, it was thought, would
he made tor having a spring session.
Advices from Milledgevillc state, that the
treaty entered into between the Commissioners
ot this state and those, of N orth-Carotma, rela
tive to the county of Walton, has been rejected
by our legislature, anil new commissioners are
to be appointed. A hill had been ntroduced in
the house of representatives to prohibit the
reading of any British statute or authoritv in
all courts of judicature, in this state, after’the
year 1810.
D’.ed, on the 27th instant, at the Orphan*
House plantation, White Bluff district, Chat
ham County, after a severe illness of twelve
days, Mr. Samson O’Nf.ale, a native of South
Carolina, aged 66 years. He was a man of
upright conduct, and of a benevolent heart,
and is much regretted by all who knew him.
Died, at .Milledgevillc,oii the 20th ult. Wal
ter Duane, u-sq. a member of the General
Assembly of this state, from Columbia county.
Died, on the 24th ult. at the same place,
Judge StitK, who had been, a few davs previ
ous, elected judge for the middle circuit. How
uncertain is the stay of man ?
Died, at Potosi, in M'lntoSb county, on the
16th ult. Mrs. Elizabeth Jane Wood, wife
ot major Jacob Wood. Young, just entering
into life, possessed of every qualifichtion to give
happiness to her friends, she met death with re
signation, leaving a husband, a father, end a
mother, to deplore their irreparable loss.
PORT OF SAVANNAH.
ARRIVED.
Ship Union, Tillinghust, Newport
Schooner i\formula, Hoadley, Charleston
Enterprise, Cowell, Beaufort, n. c.
Julia Ann, Chevalier, St. Mary’s
Sloop Nancy, Gorham, Charleston
CLEARED.
Brig Eliza, Coffin, Philadelphia
Amazon, Copp, New-York
Schooner John Henry, Childs, Charleston
Columbia, Hawes, Boston
Sloop Polly, Stewart, St. Mary’s
TAX NOTICE.
(p* All persons that have not paid
their Tax for last year, 1806, will have
executions issued against them, if t.hev
do not come forward anti pay the same
in the course of the next week.
PETER DEVEAUX, TaxC.C.C;
November 28—1.33. p
Notice.
At a meeting of the Directors of the Bank of
the United States, held at the Bank in Phila
delphia, November 10, 1807,
I novias Willing, Esq. having resigned
the appointment ofPresident—David Lenox,
Esq. was unanimously elected President of said
Bauk. ‘ (i. SIMPSON, Cashier.
Prime Africans.
Thirty-four prime Windward Coast AFRI
CANS, for sale. Enquire at the Blue Stoke,
Spring-Hill.
December 1. j, 534.
Marshal’s Sales.
On the first TUESDAY in January next,
Will b e sold at the Court-House in Savannah,
One NEGRO WOMAN and child ; also a
number of articles of HOUSEHOLD FURNI-
I URL—-Levied on as the property of Doctor
James Ewell, by virtue of an execution obtained
by C. Newell.
Pen. Wall, m. and. g. *
November 30—184
Continued Marshal’s Sales.
Oh the first TUESDAY in January next,
At the Court-House, will he sold,
A variety of DRY GOODS, and some GRO-
C ERlKS—Levied on as the property of John
Hilton, at the suit of Robert H. Bowne. Condi
tions cash.
Ben. Wall, m. and. g.
November 30—134
Nails.
4d, 6d, Bd, lOd. 12d and 20rl, wrought and
cut NAILS and FLOORING BRADS.
For sale by
S. &. C. Howard.
November 21 l 130
Fresh 15utter & Dumb Fish.
A few kegs No. 1 inspected BUTTER, of
about 20 pounds each, put up fur fain 1 use and
ofo.hc first quality. Also, boxes of re; ID! ;M 1.
COD-IISII of the best kind, received by brig
Dart from Boston, for sale by
S. ‘ey C. Howard.
November 28—a—1 Jo
SAVANNAH THEATRE.
The ladies and gentlemen ofSavanrah ar**
respectfully informed, that the entertainments
nuunied fi r last cven.ng, were postponed, on
count et tin inclemency Jot the weather, un.il
j h r //S J\l /t.\/.\(7, December Lvf,
WHEN A GR VND DISPLAY OF
arious Performances, *
\N hit h never have failed to give general sat
isfaction, will take place.
Ihe evening s amusement will commence
with the Artificial Comedians. Mr. Ronnie
will display his surprising feats of Might of
Hand, Ventriloquism and Ballaneing.
Mr. Berry will exhibit a specimen of his ta
lents in the character of Harlequin Humorist
in which he will go through some astonishing
teats ot Horsemanship and Ground and Loft’v
Tumbling.
Mossr-.*. Rannic and Bern have made it their
study to make the evening’s amusement satis
factory. The music procured is excellent.
if /’ Doors to he opened at 6 o’clock, and tire
curtain to rise at seven.
TICKETS to he had at the office of the
Theatre. Admittance 50 cents, children half
price.
. Auction.
TO-MORROW, December 3d.
Will positively be sold, before the subscriber’s
Auction-Store, without reserve, (if unreserv
ed purchasers will apply*)
25 hogsheads )
37 tierces > Prime Muscovado SUGAR
74 barrels jt
1 pipe HOLL AND GIN
4 quarter casks L. P.TENERIFFE WINF.
5 quartercasks SUER RY WINK
3 pipes ) London particular MADEIRA
4 qr. casks ) WINE
50 kegs pickled SALMON
70 pieces LONDON DUFI'IL BLANKETS,
’ assorted
10 do. ROSE BLANKETS, Kc. &c.
Sale to commence at 10 o’clock—Conditions,
cash. if. 11. STACKHOUSE, Auct’r.
for sale, ~
25 pieces COTTON BAGGING
5 casks London Brown Stout)
8 ditto Hibbert’s C PORTER
10 ditto Milieu’s j
MADEIRA WINE, in pipes, half pipes r.r.d
quarter casks
SCICILY ditto in ditto
30 kegs ff-r GUN-POWDER; and
WOOLENS, GROCERIES A PROVISIONS.
Peter Mitchel.
December 1. 1.34.
Just Received,
Per brig Prudence and sloop. Sally ,
1000 pair SHOES, assorted
200 bushels Irish POTATOES
50 barrels do. do. in good order
200 lbs. SHOE-THREAD
15 kegs excellent BUTTER, and
A few barrels MINT CORDIAL
All of which will be sold cheap, by
Roberts Brant,
December 1—134 Telfair’s wharf.
S. & 0. HOWARD,
OFFER FOR SALE,
6000 bushels Liverpool Salt
10 Crates Croc.kerv Ware
70 barrels prime MacVarel
20 ditto No. 1 A 2 Pork
40 ditto No. 1 & 2 Beef
4o boxes white A brown llavanna Sugaf
1.5 casks 6 Cut Nails
30 kegs No. 1 Butter
5 boxes Cotton Cards
6 chests Hvson Tea
JO tons Sea Coal, &c.
December 1. r, 134,
J
For CHARLESTON,
. )-yy. The regular packet sloop
. N A N C Y,
V ii.i.iam Gorham, master,
j, sailoil I'hursdav next. For
freight or passage, apply to Josiah Smith, or to
the master, onboard. Dec. 1. c.
For NLW-YORK, ‘
i ‘The ship
Lucy 8t Elizabeths.
Will he sent off with n*l prssiMe
dispatch. For freight, which will he taken very
low, or passage, apply to Thomas a Roaitn j-
Newell, or to
Taylor St Scarbrough.
December l. 134.
FOR SALE ORCHARtET
J The Schooner
Louisa Adeline,
4 Burthen 50 tons, draw s four feet
water in ballast-trim, and was launched last
November.
AMD FOR SALE ON BOARD,
GOC bushels NEW CORN
4b barrels Superfine FLOUR
4 do. BUCKWHEAT do.
4 casks BACON
G firkins BUTTER
9 barrels PORK.
Apply to the captain on board, or t.o
Peter Mitchel.
December l—lß4
Marshal’s Sales.
Will be sold, at the Court-house in thi* city,
.a 1 ii :r lay, the lbtli lost, between the hours
of 11 and 12 o’clock,
The brig FORTUNE, her
Boa ’ S ’ ‘l' a ’ Appa Icl awl I-.ii
t'irA.'Jr 1 a are, agn cable to a decree of ids
’ * =* M *'**h i.ioi Judge St.-phtns. An Inven
tory of said, brig at the Ma’ -nal s office.
Ben. Wall, m. u. g.
December 1. 134,