"William Ware was pressed from on board the brig Neptune, Captain Crafts, by the British frigate, Melampus, in the Bay of Biscay (in 1805).... He is a native American, born at Bruce's Mills, on Pipe Creek, in the county of Frederick, Maryland, and served his time at said mills. He also lived at Ellicot's Mills, near Baltimore, and drove a waggon several years between Hagerstown and Baltimore. He also served eighteen months on board the U.S. frigate, Chesapeake, under the command of Captain Morris and Captain J. Barron. He is an Indian-looking man.

"Daniel Martin was impressed at the same time and place; a native of Westport, in Massachusetts, about thirty miles to the eastward of Newport, Rhode Island; served his time out of New York with Captain Marrowby of the Caledonia; refers to Mr. Benjamin Davis, merchant, and Mr. Benjamin Corse, of Westport. He is a colored man.

"John Strachan, born in Queen Ann's County, Maryland, between Centreville and Queenstown; sailed in the brigantine Martha Bland, Captain Wyvill, from Norfolk to Dublin, and from thence to Liverpool. He then left the vessel and shipped on board an English Guineaman; he was impressed on board the Melampus, off Cape Finisterre; to better his condition he consented to enter, being determined to make his escape when opportunity offered; he served on board said frigate two years; refers to Mr. John Price and —— Pratt, Esq., on Kent Island, who know his relatives. He is a white man, about five feet seven inches high.

"William Ware and John Strachan have protections. [ [1] ] Daniel Martin says he lost his after leaving the frigate.

"John Little, alias Francis and Ambrose Watts, escaped from the Melampus at the same time, are known to the above persons to be Americans, but have not been entered by my recruiting officer."

The foregoing proves beyond all manner of doubt what ground Commodore Barron had in taking the stand he did further on in the proceedings. But Admiral Berkeley was a very proud, obstinate man. His feelings had been hurt by the refusal of the Yankee commodore to give up his men, and he bided his time.

On Monday, June 22, 1807, the Chesapeake put to sea with her ill-assorted and undisciplined crew. In the harbor of Lynnhaven lay the British squadron under the command of Commodore Douglass, acting under the orders of Vice-Admiral Berkeley. It consisted of the Bellona, seventy-four, the Triumph, seventy-four, the Leopard, fifty, and the Melampus, thirty-eight. Why it was that the Leopard was selected for the work which was to follow, is easy to surmise. Vice-Admiral Berkeley had determined, at all hazards, to search the American vessel to ascertain if she had in her complement those "British seamen" who had deserted from the fleet. Barron's refusal to allow a search made of his vessel while she was in port had been backed up by the United States Government. This had exceedingly exasperated the English commander, and he determined to wait until the Chesapeake was at sea before putting his cherished project into practice. As soon as the Chesapeake set sail, the Leopard was despatched to bring her to. The Melampus was not sent because she was too near the Chesapeake's armament, and resistance might be successfully made to any attempt at high-handed interference. Nor did he take the trouble to despatch one of his seventy-fours, which might have brought the Chesapeake under her guns, and compelled her to submit by the law that "might makes right"; but the Leopard was sent because she was just large enough to insure success, and yet to humble the American from the mere fact that he must inevitably yield to a vessel to which he should by rights make some resistance.

It was a calm day with just enough wind to move the ships through the water. The Leopard, that had really got under way first, overhauled the smaller vessel, after a few hours' sailing. At three o'clock, when forty-five miles off shore, she hove to across her bows, and the slight wind that had wafted them from the Capes died away almost at the moment. Hailing the American ship's captain, Humphreys stated that he would like to send despatches by her—a privilege always accorded one friendly nation by another.

On the Chesapeake's deck, chatting with the officers, were two lady passengers, who were bound with four or five gentlemen passengers for the Straits. Part of the cabin had been allotted to the use of the ladies and their maids. As they had come on board at a late hour, their trunks and luggage were yet on the deck. Amicable relations existed between America and England, and there was nothing especially unfriendly in the attitude of the English frigate, although her action excited much comment on board the ship, and gave rise to many surmises. Captain Barron was on the quarter-deck, when news was brought to him that the Leopard had lowered a boat with an officer in it, and that it was making for the Chesapeake's side. The ladder was dropped, the side boys were piped to the gangway, and Barron himself stepped forward to greet the Lieutenant, extending his hand and welcoming him graciously. Standing close by was Dr. John Bullus, a passenger, the newly-appointed consul to the Island of Minorca, and the naval agent to the United States naval squadron in the Mediterranean.

"Captain Humphreys' compliments," began the Lieutenant. "And he requires the privilege of searching this vessel for deserters."