Proceedings of the general court martial convened for the trial of Commodore James Barron, Captain Charles Gordon, Mr. William Hook, and Captain John Hall, of the United States ' ship Chesapeake, in the month of January, 1808.

Front matter

m

PROCEEDINGS

OF THE

I

It appears to the court, that the United States' ship Chesapeake of thirty-eight guns, then under the command of James B irron, esqr. a captain in the navy of the United States, sailed from Hampton Roads, on an intended cruise in the Mediterranean sea, on the morning of the S2d of June last past, having on boar<l, a crew consisting of more than three hundred and seventy men, and completely equipped with every thing necessary for such a ship of war, sailing on such a cruise.

II

It appears to the court, that captain Barron was appointed commodore of the ships and vessels destined for the Mediterranean service, on the 15th day of May, last, past, and hoisted his broad pendant on board the Chesapeake, the first time he came on board of her after her arrival in Hampton Roads, to wit : on or about ^ the 6th day of June, last past.

III

It appears to the court, that commodore Barron visited the Chesapeake only twice during 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,

IV

It appears to the court, that tUs guns of the Cliesapeake were never exercised before she proceeded to sea ; that her crew were quartered but a few days previous to that tiiiiC, and had never been called to quarters more thau three times prior to her sailing to sea.

V

It appears to the court, that (he ship was reported to commodore Barron to be ready for sea on the I7th day of June, that he came on board on the 21st, and that the ship sailed on the morning of the 22d of June, last past.

VI

It also 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 deserters from their servire, but had not been ordered to be delivered up by tha American officers. That there was also a report in circulation, and generally known on board the Chesapeake, that a threat had been used hy the captain of the British ship of war Vlelampus, to take these men from the Cheapeake. That commo«lore Barnui had full knowledj'e of the farts that such men were on board his ship that they had been demanded hy the British government, and had not been delivered up. the court are perfectly satisfied ; but no positive evidence has been adduced, to prove that the report of the threat almve mentioned was communicated to him before his ship sailed.

VII

It appears to the court, that the Chesapeake in proceeding from Hampton (loads to sea. passed a Briiish aquadron at anchor in Lynhaven bay. who at the time of her passing them were making signals to each other, which was not only reported to commodore Barron by one of his officers, but actually observed by himself.

VIII

li appears to the court, that that British ship of war Leopard of fifty guns, one of the squadron then ai anchor within the limits of the United States, weighed immediately after these signals were thrown out, and stood to sea.

IX

It does not appear to the court, tliat at this time there was any vessel in sight, or any other object to induce her to go to sea, but the Chesapeake.

X

It appears to the court, that at the time the Leopard got under weigh, 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 around Cape Henry, and stood to the southward under easy sail ; thereby shewing it was not her intention to get off the land speedily.

XL

It appears to the court, that after this the wind became light and baffling and likely to shift and come out from the eastward, and that when this happened, the Leopard shortened sail, and stood to the eastward.

XII

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 weather gage preserved it, by tacking in shore when the Chesapeake did so in order to get off her pilot, and after the Chi sapeake again stood off to the eastward, that the Leopard wore and bore down for her.

It appears to the court, that commodore Barron was upon deck observing the Leopard during the time these maaouvres were practising, and appearances exhibited,

XVI

The court is of opinion, that the circumstances above stated, were in themselves so suspicious as to liave 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 commodore Barron to have prepared his ship for action; especially with the information he possessed 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.

XVII

It appeareth to the court, that commodore Barron nevertheless did not order his ship to i)e cleared for action, and that he did not call his men to quarters.

XVIIL

It appears to the court, that when the Leopard came along side the Chesapeake, an officer was sent from her ■with a communication from captain Humphreys, the captain of the Leopard, to commodore Bariori, which the lalter could not, and did not, misunderstand, but very coiiectl^ couclmled to be a dt-mand with which he ought not, and couUl not, comply, and one which if refused would be enforced if possible.

XIX

It appears to the court, that although such was the situation and impressions of commodore Barron at this time, yet that be di not still order his ship to be prepared' for action, altliough ample time was allowed for that purpose, the British officer being detained on board the Chesapeake from thirty to forty minutes.

XX

The court is of opinion, that the neglect of commodore Barron to order his ship to be prepared for action under such circumstances, is a direct breach of the fourth article of the rules and regulations for the government of the Navy of tlie United States, adopted by an act of the Congress of the United States, passed on the 23d day of April. 1800, and entitled " An act for the better government of the JSavy of the United States."

XXT.

It appears to the court, that after the British officer left the Chesapeake, bearing a positive refusal from commodore Barron to tlie demand which had been ma<le by captain Humphreys, and after commodore Barron was himself satisfied that an attack upon his ship would be made, he did not take prompt, necessary, and efficient means to prepare his ship for battle. That his first order was merely to clear his gun deck, and his second, given after the lapse of some time, was to get his men fo quarters secretly, without beat of drum ; althuugh with such a crew as he bad on board, and in such a situation as the ship then was, it was not to be expected that sucb orders could be effectually ac complibhed.

XXII

It appears to the court, that the conduct of commodore Barron during the attack of the Leopard, manife<^ted great indecis?ioo, and a disposition to negotiate, rather than a determination hravely to(;efend his ship: that he repeatedly hailed the Leojjard, during her attack upon lnm,-^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 <!uring the attack, to carry a message on board of the Leopard, at that time firing upon him.

XXIIL

It appears to the court, that during the attack, commodore Barron used language in the presence of his men calculated to dispirit his crew, by ordering them to keep down, that they would all be cut to pieces.

XXIV

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 winild have enabled the return of a broadside in a very short time.

XXV

The court is therefore of opinion, that the Chesapeake was prematurely surrenclered, at a time when she was nearly prepared for battle, and when the injuries sustained either in the ship or her crew, did not make (iiuch a surrender then necessary ; and that for thisj commodore Barron falls under a part of the sixth article of the rules and regulations for the government of the navy of the United States, adopted by an act of the congress of the United States, passed on the 23d day of VpriU 1800, entitled *' an Act for the better government of the navy of the United States."

XXVI

The court is of opinion, that although the conduct of commodore Barron, before and during 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 actions any personal fear or want of courage.

XXVII

It appears to the court, that although the Chesapeake misjht and ought to have been better defended than sne was, yet that she was not in a situation at the time of the attack made upon her, to have enabled so gallant a defence being made, as might be expected. Some of her guns, were not securely fitted on their carriages ; some of her spunges and wads were too large ; but few of her powder horns were filled, and her matches were not primed. Some of her rammers were not in their pr;>per places, her marines were not supplied with enough cartridges, and none of those which they had were of the proper size. These circumstances however, could not have influenced commodore Barron, in striking his colours, because they were not known to him at the time.

XXVIIl.

The court is of opinion, that the conduct of all the other officers of the Chesapeake, (except those whose duty it was to have remedied the deficiencies before stated,) a?Hl of the crew generally, was proper, commeadable and honorable.