The Chesapeake was partly fitted out at Washington, and then she dropped down to Norfolk to complete her preparations for sea, and ship enough men to fill her crew. While she was still lying at Washington seven men applied at the recruiting station in Norfolk, who said they were American citizens—who made oath to that statement, in fact, and were permitted to sign as members of the crew of the Chesapeake, and they were sent on to join the ship then at Washington. Soon after this it appeared that three of the men had deserted from the British warship Melampus and four from the Halifax. Just how the fact that they were deserters became known is not definitely stated, but from the details given and from the manifest ill-temper of the British officers in the doings that followed, it is reasonable to suppose that at least one of these seven men met some of the British officers on shore, and feeling safe under the American flag, ventured to reply, in disrespectful manner, to remarks made by the officers. There is, indeed, no doubt the officers were defied and, so, deeply offended.

In those days one Erskine represented the British government at Washington. He tried to have the seven deserters returned to the ships from which they came. Now, in spite of the fact that the British officers were in those days diligently engaged in kidnapping American-born sailors from American ships, the American Navy Department had issued strict orders to the recruiting officers “to enlist no British subjects known to be such.” And, further, it must be said that there was no law authorizing an American commander to deliver up deserters from foreign navies when found in American ships. Nevertheless, an investigation was made as to the antecedents of the seven men, and then it was discovered that the British officials were wholly unable to prove that any one of them was a British subject. More important still, it was proved that instead of having voluntarily shipped in the British navy, the three men who had deserted from the Melampus had been kidnapped from an American merchant ship in the Bay of Biscay. Two of them were natives of Maryland, and one, although born in South America, had come to Massachusetts when a child and had there become a lawful citizen of the United States. The names of the three were William Ware, Daniel Martin, and John Strachan, and all were colored. As to the four from the Halifax, it was not proved where they were born except as they swore they were of American birth, but very likely three of them were of English birth, for they deserted the Chesapeake and disappeared. The fourth appears in history both as Jenkin Ratford and as John Wilson. He was a white man and, unfortunately for himself, he remained on the ship.

Because the three men were definitely proved to be American citizens, and because there was nothing to disprove Ratford’s oath that he too was one, the Navy Department refused to surrender the men, and the diplomatic correspondence was closed. The American authorities having received no protest after the decision was rendered, supposed that the matter was dropped altogether.

And that was a very grave error on the part of the American authorities. For so great was the arrogance of the British naval officers, and so strong was their contempt for the American government and people, that they determined to take the men by force from the deck of the Chesapeake as soon as she had passed out to sea, and an order was issued by Admiral Berkeley commanding any British captain who found the Chesapeake at sea to board her, whether she would permit it or not, and take the men.

Naturally that order was kept secret, and Captains Barron and Gordon (Barron, by the fact of his rank, was the responsible official) had no idea that any real ill feeling existed, let alone that any intention to assault the ship was meditated. There was, indeed, some grumbling by British officers at Norfolk, and the officers of the Chesapeake heard of it, but there was not enough in it to excite their suspicions.

And so the 22d day of June, 1807, arrived, and the Chesapeake was, after a most remarkable fashion, ready for sea. She set her pennant, got up her anchor, and with her decks littered with baggage, chicken coops—what not—and her rammers, wads, matches, and powder-horns stowed no one knew where, she sailed away.

Meantime, while yet the Chesapeake’s anchor had not been gotten, the crew of the big British fifty-gun ship Leopard had made sail and gone to sea slowly—so slowly that she kept the Chesapeake constantly in sight.

At 3 o’clock in the afternoon the Leopard brought to near the Chesapeake and hailed her, saying that the officers and crew wished to send letters by her to friends in Europe. It was a common practice for warships as well as merchantmen to carry letters in that fashion, and the Chesapeake backed her mainyards and waited for the boat from the Leopard. When the boat came, a British lieutenant climbed to the deck of the Chesapeake, and then, instead of producing a package of letters, he drew forth a written demand from his captain for the return of the sailors alleged to be British subjects. With this demand he also presented a copy of the circular issued by his admiral which ordered any British ship falling in with the Chesapeake to take the so-called deserters from her by force if necessary. Captain Barron was very much surprised, but he refused to deliver up the men.

Meantime the Leopard had worked into the most advantageous position for attacking the Chesapeake, and with her ports open, cannon out, and matches lighted, she awaited the issue of the demand.

The lieutenant returned to his ship. Captain Humphreys of the Leopard mounted the rail and shouted: