Note 1 — BAINBRIDGE.

There appears to have been some uncertainty about officers remaining in service, after the peace of 1801, that contributed to rendering the reduction irregular. The resignations of Dale and Truxtun, and the death of Barry, brought the list down to nine; the number prescribed by law. As the Tripolitan war occurred so soon, a question might arise how far the peace establishment law was binding at all. Certainly, in its spirit, it was meant only for a time of peace. On the other hand, Mr. Jefferson, by his public acts, did not seem to think the nation legally at war with Tripoli, even after battles were fought and vessels captured.