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be increased in proportion to fucb de.
mand. Already the increaie is alarm
ing. I will state for example the arti.
cle of Tobacco : and I am informed
the fame increaie extends to every ar
ticle of export.
Before ws set up this Trade, the
freight for a hogfnead of Tobacco
was thirty five lhtilings fierling—the
freight now, is four pounds four {hil
lings fterltng; making a difference of
about gxi. Does not every Planter
iofe tins in consequence of this Car
rying Trade? And is it not a mon
ftrouß grievance ? Who receives jt ?
Certainly the ihip holder. Who are
the ihip holders ? The answer inuft
bring a biufh upon the face of every
American advocating this trade ‘ It
is a notorious faft that akho’ our ihips
are held in the names of American
merchants, the fubltantia) owners are
Foreigners; men in every part of Eu
rope availing them (elves of our folly.
The evil does not {top here. It is
known to every man, that the necessa
ries of life from the Weft Indies, are
very aiuch incieafed from the fame
caftfe ; akho’ there u .fifty times the
ufoal quantity brought tmo the coun.
try. I have not accefsAo the books
of the Tieafuty, but I have no daubi
the amount of extra-rdinary freigiv,
aiifing from this Carrying T-ade, and
which is paid to the Merchants by the
Agricultural Men, ca.nnot-be Ids than
from four to-five millions yearly. The
plain -meaning, and the plain effbft, j
therefore, of this neutrai trade is making
the necefldiiis of our families higher,
and taxing the labour of our people
(without enriching our Tieafur)} to
atd France and punish Britain; in doing
which we make Nabobs ci the ib>p
owners, out of the hard earnings o(
the tillers of our land. Can it be pol
iib'ie the Reprefematives of a iree Peo
ple will any longer fanftjon a grievance
so palpable?—-Can you return to the •
bosoms of your Condiments and tci
them you have permitted foreign mcr.
chants to extort from them eleven do!.
■Jars for every hogshead of Tobacco,
and two dollars for every barrel of
Flour ? And can you give them a good
rcafon for it ?—The old llory . tout
Neutial Rights will not fatisiy the
People when theie rights drain their
pockets; much less when all the rr.ife
ties of a war may be the melancho!}
consequence.
In governing a Nation, furcriy the
opinions and principles laid down by.,
good aud wise men of expe> ience,
ought to have great weight in the
counsels of a young country. The
fnoft eminent writers upon the Wealth
of Nations, have laid t down as a fun
damental maxim, that the Agricuhu.
ral Interelt, the Cultivators of the foil,
should be protected with a folkring
care. They are our refuge in the time
of danger—our Urengih in the day of
battle; and our Confutation embraces 1
the principle when it declares no rax ;
<4 or duty ihall be laid on articles ex
“ ported from any ftate.”—True, you
have not laid * direct fax upon out
exports by law, but you have adopte
a lystcin of m-eafures which permits it
to be done by others; and which will <
forever be die case when there is a \va
in Europe. Whether our money h
xinjuftly taken from us by law, or Iron,
the want of law, is the l3ir,e dung to
planters and farmers; it is the bounden
duty of a gcod gove.nrr.cat to pie.
ventit
\To be continued.’
V/aihington City, Nov. 16.
On Friday iait, we underhand, the
Secretary oi the Navy laid before the
Committee of the House of Rcprefeit
tatives ort aggrefiions, -a detailed llate
ment of the circuorUaiices attending
the outrage CoOrmitieci on the Chesa
peake, together with thole which oc
curred prior t.nd lubsequen ly to that
event. To giatily the public folici.
tude on this important lubjefct, we pub
lifii the following opinion oftlic Comt
of It;qui-y and hope to be Ihortly tna
bled to submit to the public the other
documents connected with this affair,
which are (aid to be in the higheii de
gree interelting.
At a Court of Enquiry ajftmbled on
board tnc United Suae* jiao Chrja
peake, in the harbour of Norfolk and
date of Virginia, by order of the Ho .
norable Robert Snath, Secretary of
the Navy of the Uniieti Slates , and
continued by adjournment from day
to day from Monday the 5t.11 day of
I October , 1807, until Wednesday the
4 lh day of Nov. 1807.
PRESENT,
Captain Alex. Murray,
Prefiient , and
Captains Isaac Hull , and 1 Members
Isaac Chauncey , J thereof.
The following opinion and report was
unanimously given, and direded by
the court to be tranfnitted to the
honorable the Secretary of the Na
vy of the United States.
PU RSU ANT to an order frorn the
honorable Robert Smith, Secretary of
the Navy of the United States, to Cap
tain Alex. Murray, directed, dated the
twelfth day of September, io the year
of our ‘Lord, one thousand eight hun
dred and seven, the court proceeded to
enquire into the causes of the (urren.
der of rhe Chesapeake, a frigate of the
United States, then under the com.
mand of James Barron, £(q. a cap
tain in ike Navy oi the United States,,
to a Briofh vefiel of war, which sur
render was made (as is in tbs said order
dated) without chat defence being made
which might have been expe&eri from
the known valor of Americans; and
having heard allftUs evidence adduced,
as well by the judge advocate, as by
the said captain James Barron, and
having maturely and.thoroughly con
sidered the fame, (captain James Bar.
run having declined to offer any de
fence.) report to the honorable the
fccretary of the navy of the United
States, as by his laid warrant is
quired, a state of the matters touch
ing the said furrerider, together with
their opinion thereon, as followed).;
j. Jt appears to the court, that the
U. States ib ip Che-fa peake, then under
the command of James Barron, Esq.
a captain in the navy of the U. States,
failed from Hampton roads, or; an
intended cruize in the Mediterranean
sea, on the warning of die a2d of j-une
last past, having on board a crew .con
fiding of more than three bundled and
feveoty men, and completely equip
ped with every thing necessary for
fucb a Ihip cf war, failing on fucb a
cruize.
2. It appears to the court, that cap.
tain Barron was appoint j d commo
dore or the (hips and veffe's destined
for the Mediterranean service on the
15th day of May Lft past, and hoisted
Ins broad pendant on board the Che
sapeake, the firft time he came on board
of her .after her arrival in Hampton
roods, to v/it, on or about the 6ih day
of June lait past.
3. It appears to the court, that com
modore Barron visited the Chcfapeake
only twice during the period file re.
mained in Hampton roads, and he.
foie he came on board to proceed to
sea; on neither of which occafioos,
did he examine particularly into her
fiaie and condition.
4. It appears to the coirt. that the
guns of the Chcfapeake were never
exercised beto ! e Ike proceeded to lea ;
• hat her erev; were quartered but a
few days previous to that time, aud had
never been called to quartos mote
than three limes prior to her failing
for sea.
5. It appears to the court, shat the
ship was reported to commodore Bar.
roa to .be ready for sea on the 171!)
day of June, that he came on board
on the 2 tit, aud ihat the ship (ailed on
the morning oi ;he aed of June iait
past.
6. It appears to tire court, that an
tecedent tv> the failing of the Chesa
peake, there bad been received on
board of her lome per Cons who had
been claimed by the British govern
ment as deflect ers from their lei vice,
but who -woe not ordered to !•;$ de
tivered up bv the American officers.
Thai there was al o a rej oil in etreu
! atiou, and gcneial'y known on boairi
the Chcfapeake, that a thiea: liar] been
Bed by the captain of the Britiih Ship
ol war Mehitiipus., to take theie men
.rotn the Che Ia peake —l hat cuutiio
bote Barron had lull knowledge dthe
facts {hat luch :tie:i were on boa.l his
ihip; that they had been demanded by
the Britifij government, and had not
been delivered up, the court are per
lectiy faiisfted—dm no politivc evi.
donee has been adduced to prove, that
. the report of the threat above msntion
j ed was communicated 10 him before
the ihip failed.
7. -It appears to the court, that the
Chcfapeake, in proceeding from id amp
ton roads to fc.a, palled a Britiih (quad.,
rou, at anchor in Lyuhave.i bay, who
at the time of her palling them, v.vte
making bgnals to each other, tviitch
was not only reported to commodore
Barron by one of his Orifice rs, but ac
tually o-bferved by himfelf.
8.. It appears to the court, that the
Britiih Ihip of war Leopard, of 50
guns, one or the squadron then at an
chor within the limits of the U. States,
weighed immediately after these ft go als
were thrown out, and Itood to lea.
y. It does not appear to the couit,
that at this time there was any other
veffei in light, or any other objett to
induce her to go to sea but the Chela
peake.
to. It appears to the court, that, at
-the time the Leopard got under way,
! that the wind was at S. S. W. and
therefore fair for her to proceed to sea;
but that, instead of availing herfelf of
this to clear the land, (he hauled by
the wind clofc round Cape Henry, and
itood to the southward, under easy ;
fail—thereby (hewing that it was not
her intention io get off the land fpejd
i'y*
1 1. -It appears to the court, that af
ter this the wind became light and baf
fling, and likely to fluff, and came out
.from the eastward ; that when this hap
pened, the Leopard ttiortencd fS'iJ and
flood to the east ward.
is. it appears to the court, that af
ter this the wind did come out from
about S. S. E. and that rhe Leopard,
then having thus got the weather-gage,
preserved it by tacking in (bore when
the Chcfapeake did so in order to get
off her .pilot; and after the Chcfapeake
again Rood off to the eastward, chat
the Leopard wore and bore down for
her.
13. It apperers to the court, that
when the Leopard tacked , and itood in
ihore, on the fame tack with the Che
lapeake, that her Icwcr-deck ports were
al! triced up.
u. It appears to the court, that
when the Leopard run down for the
Chcfapeake, she rounded to on her
(larboard quarter, and to windward of
her, and that at this time heNtompions
were out of her guns.
15. It appears to the court, that
commodore Barron was upon deck,
observing the Leopard, during the time
theie manoeuvres were praCtifing, and
theie appearances exhibited.
16—The court )s of opinion, that
circumstances above it a ted were in
themselves so fufpic.ous, as to have
fut nifhed fufficicnt warning to a pt udeni
difereei and a itive officer, of the
probable detigns of a ship of war con
ducted in tiiat way, and ought to have
induced commodore Barron 10 have
prepared his ihip lor action, elpecially
wi.h (he info.) (nation he poffelfed of the
fituaiion cf his crew generally, ofthofe
who had been demanded by the Britiih
government particularly, aud of the
general state oi tire ihip at that lime.
17.-— It appeals to the court, that
commodore Banon nevertheless did
not order his ship to be cleared for ac
tion and that he did not cali his nsen to
quarters.
—lt appears to the court, that
when the Leopard cumc-along fide of
the Chefhpeake, an officer was lent
from her, with a communication from
capt. Humphries, the captain of the
Leopard to commodore Barton, which
the latter could not, and did not tnifun
(ibiftand, but very correttly concluded
to be a demand with which he ought
not aid could not comply, and one
’ which, ifteiuled, would be enforced,
if possible.
19. —li appears to the court, that
although luch was the fituaiion and im
pression oi coinmodoie Barron, at thiv
time, yet that he {till did not older his
ihip to i>e prepared lor aUiori, although
ample time was allowed for that pta
pole, the British officer being detained
| on board the Chcfapeake from tnirq
five to forty live minutes.
20. —The court is of opinion, that
the negbifif of commodore Btrron t
prepare hi> Ihip lor afction, ur.icr fuct.
circumstances, is adirefct breach o( she
fourth article of ti>e rules and regain,
lions for the government of the r.nvy
of the United Stares, passed on the 23 i
of April, ISOO, entitled, 41. An AG for
the better government of the N-v-'V of
the United States ”
-t. — It appears tc the cour’, that
after the British officer left the Chcfa
peake, bearing a positive rcfufal ftom
cominodore B. to the derqand which had
been made by capi. Humphries, and
alter .commodore B. was himielt fatisfi
ed that an attack upon his ship would
be made, be did not. take prompt, ne*
cefliry and tfricien-: .means to prepare
his ship for battle- Tint his firfi order
was to clear his gun deck, and the- se
cond given, after the lapse of ffomo
time, ws to get his men to quarters
secretly, without beat of drum; al
though with such a crew as he had on
board, arid in fucb a fituaiion as the
ship then was, it was not to be expeff.
ed that fucb orders could be effectually
accomplished.
22.—it appears to the court, that
the conduct of commodore Barron du.
ring the attack of the Leopard, mani.
felled great mdecifion and disposition
to ncgociate, rather that) a determina,
tion bravely to defend his ship- That
he rcpeaicdly hailed the Leopard during
her attack upon him—That he drew his
rnen from their guns, to lowering
down boats, to fend on board of (he
attacking fh;p—and that he ordered
hi? Gift lieutenant from his quarters
during the attack, 10 carry a oieflage
on board the Leopard, at that time
firing upon him.
2S.—lt appears to the court, that
during the attack, cominodore Barron
used language in the presence of hi*
men, calculated to dispirit his crew,
by ordering thero to keep down, that
they would a!! be cut to pieces.
24. —lt appears to the court, that
commodore Barron ordered the color*
of the Chesapeake to be (truck, and
that they were (truck before a fing'e
gun of any kind was fired from her;
and that at the time they were so (truck
her main deck battery was io a fituaiion
which would have enabled the return
of a broad fide in a very short time.
25. The court is of opinion, that
the Chcfapeake was prematurely (ur
rendcred, at a time, when she was near,
iy piepared for battle, and when the in.
juries fuflained either on tie ship or
crew did not make such a surrender
then necelfary ; and that for this, com
modore Barron falls under a part of
the sixth article of the rules and regula
tions for the govetmnent of the navy
of the United States, adopted by an
aft of the congress of the United Slates
passed on the 23d day of April, :800
entitled “an <*Ct for the better gov
ernmentof the navy of the United
States.”
a6.— Ihe court is of opinion, that
although the conduct of commodore
Barron, before and during the attack
of the Leopard, evinced great inatten.
tion to his duty and Want of decilion,
yet that during that attack he expoled
his person, and did not manileft either
by his orders or aftion.s any perfonai
fear or want of courage.
2r.- It appears to the court, that al
though the Chesapeake might and ought
to have been better defended than she was
yet that kite was not ‘in a situation at tho
time of the atrack made upon her, to have
enabled ao gallant * defence being made
as might be expected. Some of her
were not securely fitted io their carriages,
some of her sponges and wads were too
large,'but few of ber powder horns were
filled, her matches were not primed, some
of her rammers were not in their proper 1
places, her marines were neither
plied with enough cartridges, nor were
those which they had of the proper ./.e.—
None of these circumitanccr however
could have influenced commodore tiurrou
in stiiking his colors, because they were
not known to him at the time.
2]. —.l'he court is of opinion, that thy
conduct of all the other officers of the ship,
except those whose duty it was to have
remedied the deficiencies before stated,
and of the ciew generally was proper,
: commendable and honorable.
I A true copy, L. \V. TAZEWELL,
Judge Advocate,
