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Federal republican advocate, and commercial advertiser. (Savannah, Ga.) 1807-180?, December 03, 1807, Image 2

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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 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,