Just ahead of the Chesapeake as she passed out to sea, was the Leopard, a British frigate of fifty-two guns, which was apparently on the lookout for suspicious merchantmen. It was not until both vessels were eight miles or more southeast of Cape Henry that the movements of the Leopard began to attract attention. At about half-past three in the afternoon she came within hailing distance and hove to, announcing that she had dispatches for the commander. The Chesapeake also hove to and answered the hail, a risky move considering that she was unprepared for action and that the Leopard lay to the windward. But why should the commander of the American frigate have entertained suspicions?
A boat put out from the Leopard, bearing a petty officer, who delivered a note enclosing Admiral Berkeley's order and expressing the hope that "every circumstance... may be adjusted in a manner that the harmony subsisting between the two countries may remain undisturbed." Commodore Barron replied that he knew of no British deserters on his vessel and declined in courteous terms to permit his crew to be mustered by any other officers but their own. The messenger departed, and then, for the first time entertaining serious misgivings, Commodore Barron ordered his decks cleared for action. But before the crew could bestir themselves, the Leopard drew near, her men at quarters. The British commander shouted a warning, but Barron, now thoroughly alarmed, replied, "I don't hear what you say." The warning was repeated, but again Barron to gain time shouted that he could not hear. The Leopard then fired two shots across the bow of the Chesapeake, and almost immediately without parleying further--she was now within two hundred feet of her victim--poured a broadside into the American vessel.
Confusion reigned on the Chesapeake. The crew for the most part showed courage, but they were helpless, for they could not fire a gun for want of slow matches or loggerheads. They crowded about the magazine clamoring in vain for a chance to defend the vessel; they yelled with rage at their predicament. Only one gun was discharged and that was by means of a live coal brought up from the galley after the Chesapeake had received a third broadside and Commodore Barron had ordered the flag to be hauled down to spare further slaughter. Three of his crew had already been killed and eighteen wounded, himself among the number. The whole action lasted only fifteen minutes.