uss frolick

Often, fitting out had much to do with proper internal accomidations. Many "foreign" brigs lacked a full berth deck, having only a fore and aft platform. (The technical difference between a "brig-sloop" and a "gun-brig" in British service is the presence of a full berth deck.) French vessels, even public navy ones, did not have the proper, permanent cabins and bulkheads below ships. One of the things that the RN changed at the first opportunity, was adding proper gun-deck and berth deck knees. The French just dove-tailed the beams into oversized clamps, and dispensed with most of the knees. This saved weight to gain speed, but did not make them strong or durable. The RN put proper knees in, because they had some hard-grinding blockading to do . The draught above does show gun-ports made for carronades, as they have no upper cills, the sides just mortised into the bottom of the cap rail. This was done to gain height, so the fully elevated carronade would clear. Did she have carronades when taken, or long guns?

For a comprehensive and well written history of the Epervier, one must read: McCleary, J.R., "Lost By Two Navies: HMS Epervier, A Most Unfortunate Ship", Part 1, Nautical Research Journal, Vol. 41, N0. 2, page 81-87, June 1996, and Part 2, NRJ, Vol. 41, No. 3, September 1996, page 131-141. Mr. McCleary did not have access to the above court martial proceedings, so with that in mind, it should be a fun re-read!

Here are my thoughts. The Epervier was a new fast sloop, built to the latest designs, launched in 1812, and she was constructed of oak. She had a complete battery of sixteen 32-pounder carronades, plus two 18-pounder trunioned carronades, and a complete crew with no vacancies, and no missing officers. Although the officers claim the the crew was indifferent, most of them had been in the sloop since her first days, with the same captain and most of her officers. It was the officers duty to train and inspire them. The crew may have been sick due to the cold weather in Halifax the previous year, they had been in the tropics for several months, more than enough time for all cold weather maladies to cure themselves. They may have only had 31 real sailors on board, but that was more than enough to sail a brig of her size. The rest were only needed to haul the ropes and work the guns. If they were not a strong, smart crew, then it was the officers's duty to train them properly, as they had been together a year and a half, much longer than the Peacock's had her's. The defects in the fighting bolts would have been spotted long before, if all the guns have been tested with powder and ball, which they were not, only one was, and the problem could have been fixed. Given the little damage to the Peacock, the British carronades were aimed too high, and the downward recoil might have caused the problem. If the guns had been aimed flat for the enemy's hull, they may not have popped out. The breeching bolts pulled out probably because, while underwater at Halifax, water soaked into the breach bolt holes, and after six months of rotting, the wood couldn't stand the repeated recoil of the guns, and let the bolts pass through. The sloop probably lay aground, partially submerged on her larboard side. It is surprising that they didn't try wearing around to bring their starboard guns to bear, as some had suggested. So if they were too close to the enemy, and had fallen on board, as they had feared, then they could have tried boarding the Peacock, since they still had over one hundred hands unhurt, including all sixteen of her marines, and apparently nobody had fired their muskets yet.

Dr. Maturin: "What is the weather gauge?" Capt. Aubrey: "Shall I explain it again, Stephen?"

"The court was cleared, and agreed that the cause of the capture of His Majesty's late Sloop Epervier, was the very superior force of the enemy, the insecure manner in which the fighting bolts of the Epervier were fitted, and the breeching bolts drawing, from being badly clinched, and the inefficiency of her crew, that the said Captain Richard Wales took the Epervier into action in a very skill full manner, and together with the officers and the other ships company (except Joseph Deane, the Boatswain, John Carroll, captain of the forecastle, Nathaniel Brown, George Elkinson, Thomas Lochan, John Peters, William Smith and John Sheldon, seamen, who appear to have deserted their quarters) exerted themselves with gallantry and zeal, during the action, particularly John Hackett, the first lieutenant, in remaining on deck after the loss of three fingers, until he was completely disabled by receiving three other wounds, and did adjudge the said Captain Richard Wales, and the other officers and sloops company (except the other ships company before mentioned to have deserted their quarters) to be full and honorably acquitted."

"William Gardner, Carpenter's mate of His Majesty's late Sloop Epervier was called in and sworn. Q: Did you hear the narrative of Captain Wales and read to the court? A: Yes. Q: Are the contents of it,as far as it came to your knowledge, true? A: Yes, as far as I can understand it. Q: Where were you quartered? A: Between the decks, along with the carpenter. Q: Were you wounded? A: Yes, about the third broadside. Q: What water was in the hold when she struck? A: Four feet six inches. Q: Did you know anything about the conduct of prisoner Manly during the action? A: Yes. I saw him at the fore hatchway, I believe handing up shots. I saw him below when the action began before I was wounded. I believe he was handing shot up. William Pearson, quarter gunner of His Majesty's late Sloop Epervier, was called in and sworn. Q: Did you hear the narrative delivered by Captain Wales read to the court? A: Yes. Q: Are the contents of it, as far as it came to your knowledge, true? A: Yes. Q: How long have you been in the Epervier before you was captured? A: About three months. Q: Where were you stationed during the action? A: At the aftermost gun but one. Q: Was that, or any other gun disabled by the enemy's shot, or any other cause? A: Three different ones in the waist were disabled by the enemy's shot. My gun was disabled by the bolts drawing, the breeching went. I do not know of the others. Q: Were the crew of the Epervier expert on the use of the great guns? A: No, I believe not. Several of those at my gun did not perform the business properly. Q: Were they frequently exercised? A: Yes, every night when the weather permitted. Q: How do you account for their not being so expert? A: I believe it was for the want of a headpiece! Q: Were the crew of the Epervier generally speaking, strong and healthy men, or a weak ship's company? A: They were a very indifferent ships company. Q: Do you know of any misconduct on the part of any officers or men in the action? A: None of the officers, and none particular of the men, by my knowledge. Q: Were there any steps taken by the Americans to go into their service? A: I was asked by the governor of the prison if I would go into their service. there was a privateer fitting out there. I told him no, not if I stayed seven years there! Q: How long have you been in the King's service? A: Nine years. I was pressed in the East Indies. James Boyd, quartermaster of His Majesty's late Sloop Epervier was called and sworn. Q: Did you hear the narrative delivered by Captain Wales and read to the court? A: Yes. Q: Was the Contents of it, as far as it came to your knowledge, true? A: Yes. Q: Where were you stationed during the action? A: At the wheel. Q: How near were the two ships together? A: As nigh as I can guess, about a quarter of a mile from each other. Q: How long have you been at sea? A: About thirty years, about fifteen of it in the Kings service. Q: Were you ever in action before? A: Never. Q: Did the main boom come down on the wheel? A: The jaws of the main boom were shot away, and it came down on the wheel. It was cleared in about four or five minutes. Q: was much was the Epervier disabled in her sails and rigging? A: Yes, very much. Q: Was she defended as long as she could be with any prospect of success? A: Yes, but if we had been well manned, we would have taken her, I think. Q: What was the state of the enemy when you struck? A: A very little hurt, only her fore yard carried away. Q: How do you think the Epervier was manned? A: Very poorly, very few seamen. Q: Were they frequently exercised? A: Yes they were? Q: Do you know of any misconduct on the part of the officers and men? A: No. Captain Wales and all the officers encouraged the men most courageously. I saw none of the men behave improperly. Captain Wales asked: Q: Do you remember our firing at a rock, when off St. Bartholemews at a mark? A: Yes. Charles Manly said he was handing up shot, that he was not able to come to his quarters, that a midshipman came down and the surgeon said he was not able to go to quarter, but might hand shot along, which he did. That he was very bad in prison with his knee for some time, he had a swelling on it, and had been on the doctors list for three or four days before the action. James Leath, a seaman belonging to His Majesty's late Sloop Epervier was brought in and sworn. The prisoner Charles Many asked: Q: Did you see me handing up shot during the action? A: Before the action I was down for a box of shot, and he lent me a hand up with it as far as the fore ladder. I did not see any more of him, til the latter part of the action, a boy, who was at my gun went down and stayed there too long, and I was sent to the scuttle to see if he was there. the boy was there and Charles Manly was giving him powder. The court asked: Q: Do you know if the man was ill? A: Yes. He had a bad knee and a piece of flannel wound round it. I saw him sitting on the berth deck several days before. He walked very lame. On the day of the action, he told me he could not stoop to lift up a box.

"Mr. Davis Golan, Master of His Majesty's late sloop Epervier [was] called in and sworn. Q: Did you hear the narrative delivered by Captain Wales and read to the court? A: Yes. Q: Are the contents of it true and correct, as far as it came within your knowledge? A: Yes Q: How long had you been master of the Epervier, previous to the action? A: About fifteen months. Q: Where were you quartered during the action? A: On the poop. Q: What damage did the Epervier receive during the action? A: She suffered very much in both the standing and running rigging, and also in the hull and sails. There was every gun on the larboard side, but one, dismounted, three of which were knocked off their slides by shot, the others by the bolts being drawn out of the slides, three or four of the fighting bolts jumped out of their places several times, and were replaced.I do not know anything about the foremost guns, other than what I heard. Q: Do you know of the wheel being prevented from working? A: Yes. There was a shot which took away the main boom close by the jaws, the brig was then right before the wind, and the boom amidships, the boom then hanging on the topping lifts. It then flew forward, with a strain being on the topping lefts, run clear of the poop and fell upon the wheel, the after end of it. Q: Was the tiller at end? A: We had relieving tackles, but they were not wanted, the hands hove the boom off. Q: Do you know what damage the enemy received? A: She was very much cut up in her rigging and sails, and her fore yard was wounded, and some shots in her hull. Q: Was the fore mast of the Epervier wounded? A: Yes, she had four or five shots in it Q: Did the Epervier's main top go, just before you struck? A: Yes. About ten minutes before. Q: Was the Epervier's fore mast, spars, and rigging so much damaged as to prevent your getting round, and bringing your starboard guns to bear? A: Yes. Q: Did a consultation take place with the captain and officers, of the propriety of making further resistance, or the possibility of boarding the enemy? A: Yes. About two minutes before we struck the colours, I said it was impossible to wear clear of the Peacock, she was on our larboard beam, within a quarter of a cable's length, the wind being then on the starboard quarter, we could neither get ahead, nor astern, of her without running on board her. I told Captain Wales it was impossible to get clear of the Peacock, either to wear clear of her, or haul off from her, every brace bowline haul yard, and the clue of the top sail shot away, and the jib stay and jib, all to pieces. I told Captain wales it was impossible to board her. I could see all her people, on deck, and ours, most of them, too weak. Q: Were the crew of the Epervier frequently exercised with the great guns? A: Yes, an hour every night, when the weather would permit, and sometimes an hour in the forenoon. Q: Were they expert on the use of the great guns? A: Yes, but rather weak. Q: Do you remember their being exercised with powder and shot at any time? A: Yes, twice. Q: Do you know what water was in the ship when she struck? A: Yes. I heard the carpenter come up and report to Captain Wales, that there was four and a half feet of water in the hold, about nearly the time we struck, and that she was making water fast, and there was one shot hole in the larboard bow, which could not be got at. Q: How was the Epervier manned? A: Very poorly indeed. I never saw a worse crew in my life, in every respect. Q: Where was she manned? A: At the Nore. Q: Was every necessary preparation, previous to the action made, and due encouragement give by Captain Wales to the sloops crew during the action? A: Yes. Q: Do you know of anything improper of the conduct of the other officers or sloops crew, during the action? A: No. I did not see any cowardice on the quarterdeck, amongst the officers and men, I only heard of it as to others. Q: Could the Epervier have been defended longer, with the most distant prospect of defense? A: No. Q: Do you know of any circumstances relative to the prisoner Manly? A: Manly was on the doctors light list previous to the action. I know nothing further of it, than what I have heard. Q: What sail had the Peacock set when the Epervier struck? A: She had her fore and main topsails set, her mizen topmast being banded, her fore sail spanker and jib topsail and jib set. Q: If you had determined to board her, the Peacock could have avoided it, if they chose? A: Yes. Q: What are the dimensions of the Peacock? A: I think five hundred and nine tons American . She was laid down for six hundred tons, as I was told by a relation in America. She was much larger that the Epervier. Q: Do you know what the loss of the Peacock was? A: I was told by a gentleman at Savannah, who made an enquiry, that their loss was three killed and seven wounded. Q: Do you know how long the Epervier's guns had been loaded, before the action? A: I think about two or three days."

"Lieutenant John Harvey, second lieutenant of His Majesty's late sloop Epervier was called in and sworn. Q: Did you hear the narrative delivered by Captain Wales and read to the court? A: Yes. Q: Are the contents of it, as far as comes within your knowledge, correct and true? A: Yes. Q: How long have you been in the Epervier previous to the action? A: Three months. Q: Where were you quartered? A: At the five foremost guns. Q: Did the fighting bolts of the carronades come out, and the slides unship on firing the guns? A: One of the starboard side of my quarters, none on the larboard side. Q: Did any of the breeching bolts draw? A: Yes, the third gun from forward, on the larboard side, the bolts drew. Q: Do you know if the fighting bolts came out at the after guns? A: Yes. But I do not know how many. Because they were shipped again immediately on their being unshipped. Q: At what distance was the enemy's ship from the Epervier during the greater part of ht e action? A: About a third of a cable's length, to the best of my judgement. Q: What damage did the Epervier sustain during the action? A: The second broadside from the enemy, the main boom was shot away by the jaws, and to the best of my knowledge, not a brace or bow line left. Shortly afterwards, one of the guns on the larboard side was dismounted by an enemy's shot, and towards the close of the action, two others were dismounted, and a fourth gun was rendered useless by a ring bolt and an eye bolt both being torn away by shot, and this time, the fore mast was cut nearly three fourths through, both topsail yards on the cap, Jibb haulyards and jibb sheet pendants shot away, the main topmast fell just as we were about to strike the colours, to the best of my knowledge there were forty five shot holes through the hull, eleven of them below the cills of the port. A consultation was held by the captain and the officers to get the starboard guns to bear, but it was thought impracticable, the captain asked if we were of the opinion that we could carry the enemy by boarding, and the officers were of the opinion that it was impossible, the colours were then ordered to be struck by the captain, we were about half a cable's length from the enemy. Q: How many of the Epervier's men were killed and wounded? A: Six men killed and nine wounded, to the best of my knowledge. Q: How many of them were at your quarters? A: Three killed and two wounded. Q: Were the Epervier's men, generally speaking, expert on the exercise of the great guns? A: They were, considering the strength of the men, they were not strong men, and [had] the appearance of unhealthy men. Q: Were they frequently exercised at the great guns? A: Every evening when the weather would permit, for an hour. Q: When at sea, had they been exercised with powder and shot? A: Once, one gun only? Q: Were there opportunities or their being exercised or of firing at the mark? A: The weather would frequently permit. Q: Were the men from different guns brought to the one gun that was fired? A: No. It was to try the cross breechings that had just been fixed. Q: Were many of the ships company practical seamen? A: Not more than twenty. Not more than ten thorough seamen, to the best of my knowledge. Q: Was every arrangement made previous to the action, and proper encouragement given by Captain Wales to the ships company during the action? A: Yes. Q: Do you know of any want of exertion, activity or zeal, on the part of any officers, petty officers, seamen and marines, belonging to the Eperviier during the action, or on that occasion. A: Nothing that came within my knowledge respecting the officers, but as to the men, James Lochan, John Peters, William Smith, George Elkinson, and John Sheldon deserted their quarters. At my own quarters, it came to my knowledge that George Elkinson and John Sheldonboth stated themselves to be Americans after the action, and entered into the American service. I think I heard that Elkinson stated himself to have been an American before the action. Lochan, Peters and Smith were distributed to different ships in the West Indies and North American stations. Q: Do you know of any circumstances relative to Charles Manly's conduct during the action? A: I mustered the men at my quarters, and I understand from Mr. Evans, a midshipman, who is not here, that Charles Manly and Peter Meak were unable to come to their guns. Q: Can you account to the court for the breeching bolts of the guns giving way. Was it a defect of the iron, or the ships sides giving way? A: I suppose they had not been properly clinched, as they came through with out the bolts being in the least injured. Q: How did the ships company altogether behave with the exceptions you have already made? A: The greater part of them were never in action before, and before the commencement, seemed to be rather confused. Q: Was it possible for you to get on board the enemy at the time the officers consulted on that point? A: No. It was not possible. Q: Was every pains taken to discipline the crew of the Epervier when you were in her? A: Yes. Q: Could the Epervier have been defended longer with hopes of success? A: No. Q: Was there a possibility of pulling her head round to have got your starboard guns to bear? A: No. I do not think it was possible, as we might have pulled her head round, but her stern would have been to the enemy's broadside. Q: Was the enemy to the windward or the leeward of you at the close of the action? A: To the windward of us, but a very little. Q: What was the state of the enemy's ship at the close of the action? A: The fore yard was shot away in the slings, the sails very much cut, but no other apparent damage. Q: Did the enemy fire musketry? A: Yes. Q: Was any of your people killed or wounded by it? A: No. Q: Did it come to your knowledge that the powder was properly reduced during the action? A: I had a cartridge in my had just before we struck, and I could perceive no sensible difference in the full charge. Q: Did the Epervier roll much? A: No. Q: Did you see any of the shot rollout of the guns? A: No. Q: What shots were put into the guns at your quarters? A: Two round shot the first broadsides at my quarters, I saw them put in myself and afterwards we put in round and grape alternately. Q: By who's orders did you put two round shot into the guns at the first broadsides? A: I received the orders from aft, I supposed from the captain or first lieutenant. Q: Were any of your guns disabled by the firing of them? A: No. Not by being overcharged, but by the enemy's shots. Q: Did you know the size of the Peacock? A: Five hundred and nine tons by the American tonnage, as they acknowledged, which I supposed was nearly five hundred and sixty tons English. One hundred and eighty six men, they had on board, and three boys. Q: Could you ascertain the loss she sustained? A: No. Captain Wales asked: Q: Did you at any time during the action see Charles Manly handing up powder? A: Yes.

"Lieutenant John Hackett ... was called in, and sworn. Q: Did you hear the narrative delivered by Captain Wales and read to the court? Are the contents of it correct and true as it came within your knowledge? A: Yes. Q: How long had you been in the Epervier? A: I joined her in the January before. Q: Did you make any report to Captain Wales, respecting the carronade slides having unshipped in consequence of the fighting bolts coming out of their places? A: On the first broadside, the fighting bolts of three after guns, on the quarter deck got out of their places, and the after gun got nearly halfway out the port. Captain Wales himself was on the quarterdeck at the time, for which reason I made no report to him, as he saw it himself, and I busied myself in shipping the bolts., and the guns again, as soon as possible. Q: How are those bolts secured? A: By dropping down and turning. There was a groove in the bolt that generally was turned by hand, and there was a small ketch in the head of the bolt. Q: Did the same circumstance ever occur when the guns were examined? A: No. As we never exercised with powder, and I conceive it was from the concussion of the guns. Q: From the time of your joining Epervier, to the day of the action, was the weather frequently such as to have allowed your exercising with powder, and frequently at a mark? A: After we went to sea, (I think the latter end of January, or the beginning of February)there was so much to do from the brig being fitted out that we were obliged to take every opportunity of putting the rigging in order during the first cruize. When we went out the second time with convoy for Bermuda, and the West Indies, during that passage, after losing the convoy, we frequently had opportunities of firing at a mark, although the ship was in a bad state from the bowsprit and the heel of the fore mast being sprung. Q: Were the men well acquainted with the use of the great guns? A: They were. Q: How often were they exercised without powder? A: Every morning for an hour, when the weather would permit. Q: At what period of the action were you wounded? A: By the first broadside, three of the fingers of my left hand were taken off, about a quarter of an hour, or twenty minutes afterwards, I received two wounds in the hip, and my elbow was shot off, and when I fell, and endeavored to regain the quarterdeck, I found myself unable to walk, and was carried below. Q: Had any of the breeching bolts drawn previous to your being carried below? A: Not that I know of. Q: Do you know anything of the conduct of Charles Manly, or anything relative to it? A: I recollect his being on the sick list, but not so as to incapacitate him from coming to his quarters, and I knew nothing of his absence until many days after the action. He was quartered at some of the waist guns, at the second lieutenants quarters. I heard he was handing up shot at the fore hatchway, and afterwards, when the man stationed to hand up powder at the main hatch way was shot, Manly took his place. Q: State the distance the vessels were from each other, during such part of the action, as you were on deck? A: We exchanged our first broadsides in passing, about half pistol shot from each other, after tacking, and during the time I was on deck, we were at no time further than pistol shot. Q: Taking into consideration, the physical strength and practical skill of the Epervier's crew, how would you say she was manned? A: Very badly. I do not conceive there were twenty men in the ship who had been in action before, and they were a weak crew, and not bred as seamen. Q: Was every proper arrangement made previous to coming into action, and encouragement given to the crew by Captain Wales? A: Yes. Q: Do you know of any want of exertion, activity or zeal, on the part of any of the officers, petty officers, seamen or marines belonging to the Epervier during the action,or on that occasion? A: The conduct of the officers, with the exception of the boatswain, was every way in which officers should show themselves, the Conduct of the Boatswain, Mr. John Deane, John Caroll Captain of the forecastle, nathaniel Brown, George Elkinson, two seamen, was cowardly, in stowing themselves under the forecastle. i drove them out myself, after I drove them out the first time, I did not see Caroll or Brown in the same situation again, but the Boatswain and Elkinson, I drove out twice, I am confident and I believe three times from the same place. brown and Caroll were stationed in the fore rigging, and not at the guns, and when I sent them over to the guns, I did not see them afterwards under the forecastle, and I concluded they obeyed my orders, as I saw them cross over the fore gratings, before I went on to the quarterdeck again. Elkinson gave himself up as an American; he stated his name in America was George Force. Q: Was any officer with you at the time you drove them out? A: No. Q: Were the three carronades that were unshipped on firing the first broadside replaced, and ready to fire, by the time the Epervier got alongside the enemy? A: They were, we replaced them while tacking. Q: During the time you was on deck, did it appear to you that with the exception of the men that you have already mentioned, that the men fought their guns with the usual spirit of British seamen in action? A: The after guns were fought with the spirit of British seamen, the foremost guns were not. I observed them very weak, and went forward to know the reason and found the guns weakly manned, the chief part of the men who had fallen were at the foremost guns. Q: Previous to those men having fallen, were those foremost guns fought with the spirit of British seamen? A: They were. Captain wales asked: Q: Would any delay for the purpose at firing at the mark with great guns while on the passage out to Jamaica have made our passage longer in the crippled state she was in? A: Certainly. Q: Were any of the guns fired with powder while running down the south side of St. Domingo? A: I do not recollect. I think two guns were fired when there was a vessel in sight to windward. Q: Were they fired in exercising them, or otherwise? A: The men quartered at the after guns fired them. Q: Was the boldness of the ships company such, in the opinion of the Americans, that they did not endeavor to seduce more than five or six of them after our capture, to enter the American service? A: I heard they endeavored to seduced Whittle the armorer, Latham the captain's coxswain, and Hemp captain of the fore castle, who are dead, and one or two of the quartermasters, Pearson is one of them, who is here, but they did not succeed.

"The Judge Advocate asked Captain Wales: Q: Have you any complaint to make against the surviving officers or men as to their conduct in or subsequent to the action? A: Yes, against Boatswain Joseph Deane, there was a want of activity and exertion in him during the action. In part of the ships company, there was also a want of activity and exertion, as near as I can guess, about twenty of them. Q: Name them. A: The greater part of the ship's company being sent to the West Indies, and distributed amongst the shipping at Halifax, I cannot name them, There is one here, Charles manly, a seaman, who was not forthcoming at the first part of the action under the pretense of a bad knee, but afterwards rendered himself serviceable in handing up powder. To the officers and men present: Q: Have you any complaints to make against Captain Wales as to his conduct during the action? A: None. Q: How long had you commanded the Epervier? A: About fifteen months. Q: How long have the greater part of the crew been in her? A: About nearly the same time. Q: Where was she manned? A: At Sheerness, in the Nore. Q: Were the crew, generally speaking, expert in the use of the great guns? A: They were frequently exercised, but there were many who were not so expert as I thought they ought to have been. Q: You stated in your narrative, that the carronades were unshipped in consequence of the fighting bolts coming out of their places two or three times. Describe how they were fastened. A: They were drop bolts, with a shoulder at the bottom, and no forelock. Q: In what way did you attempt to make them secure during the action? A: They were merely replaced. I knew of no other way to secure them. Q: Did the bolts ever come out of their places in the similar manner when the guns were exercised? A: No. Q: What damage did the enemy sustain? A: The sails and rigging were a good deal cut, the fore yard wounded by shot, I never could ascertain whether any of her men were killed, which they would not acknowledge. But I saw five men in their cots who had been severely wounded. Q: Do you know in what manner the fighting bolts of the carronades of the enemy were secured and fastened? A: The carronade slide was shipped in the port cill, with a drop bolt and a forelock right through the ships side, then with a small forelock through the end of it. Q: State the names of the officers, that acquainted you that some of the men had not exerted themselves so much, as they ought to have. A: Lieutenants hacket and Harvey. Q: At what distance were you at the greater part of the action, from the enemy's ship? A: Sometimes we were in a quarter of a cable's length, at other times at a greater distance, wen the enemy yawed occasionally. Q: What shot did you use in the great gun principally? A: Round and grape and canister. Q: Do you know if the powder was regularly reduced, according to instructions? A: , My directions to the gunner, who is a careful and attentive man, in his situation were to pay particular attention to that part of his duty, and I have reason to believe he did so. Q: Was musketry used? A: I did not think from the height of the bulwarks of the enemy and of our own also, that the marines could be so well employed there, as at the great guns, not being able to see an object to fire at. Q: Was the enemy to windward, or to leeward? A: To leeward. Q: You stated in the narrative, that in the latter part of the action, the breeching bolts drew. How many of them, or the side you engaged, drew? A: The bolts at five guns drew. Q: How were they secured? A: Through the side, and clinched. Q: You stated in the narrative, that the yards and the head sails, were so damaged that the brig could not be got around, was any attempt made by sweeps or otherwise to effect that object? A: No. I consulted with the master, who was of the same opinion as myself,, that from the nearness that we were to the enemy at the tie, that her head could not be got round, without getting on board her. Q: Had you sights on the carronades? A: No. We were lately been on shore in the hurricane in Halifax, where the brig lay ten days under water, by which means the small efforts we made towards having anything of the kind were destroyed, and I had not the time or means of getting anything of the kind done. Q: Where is the surgeon? A: He is at Halifax. Q: Do you know if the prisoner, Charles Manly, had been on the sick list prior to the action? A: Yes, he had, and the day before the action, he was reported by the surgeon to be able to come on deck if required, but not go aloft. Q: Who reported to you, that he did not come on deck at the beginning of the action? A: I understand, after the action, in a conversation with some of the officers, that he had been absent from his quarters during the action, as also a man by the name of Peter Meak, who is, I think at Halifax, on which referring to the second lieutenant, , he said, that they were reported sick to him. Q: At what period of the action was Lieutenant Hackett wounded? A: I think about a third of the action, but I did not know, of his being wounded until some short time afterwards, when the carpenter came on deck, and told be of it. Q: How does the prisoner, Charles Manly, stand on the ships books? A: As Ordinary Seaman. I think he came on board in the first draught from the Namur, at Sheerness, I think he is of England. Q: How many men had you on the sick list at the time? A: To the best of my recollection, none others than Charles Manly, and Peter Meak. Q: Were the ship's company, in general, healthy men? A: They were tolerably so at this time,but had suffered a great deal from the severity of the weather at Halifax, and in the Bay of Fundy, during the winter. Q: How long previous to the action was it, that the Epervier was on shore, and under water, at Halifax Harbour? A: She drove on shore in the hurricane at Halifax, on the twelfth November, proceeding. The action was on the 29th of April. Q: Was the Epervier's tiller on decK? A: Yes. Q: You said in your narrative, that the topping lifts of the main boom fell on the wheel. Were the tiller ropes cut in consequence of this? A: No. They were not. The tiller being very near the deck, that a man could not readily steer it, as with the wheel, that I considered the clearing of the main boom off the wheel to be less trouble, than steering by the tiller, which was done very soon. Q: How long did the Epervier remain in a situation to be raked by the enemy, in consequence of the wheel being disabled? A: I think about six or seven minutes. Q: Do you know if two round shot were fired from the carronades during the action? A: No. I do not know if two round shot were fired. But I believe a round, and a grape or canister, were. Q: Did the enemy vessel appear to sail better than the Epervier? A: From the manner in which she approached us, I thought she sailed very fast, and during the time I was on board the Peacock being chased, by the Majestic as I believe, she left her very fast, and from her trial one day, with one of their schooner privateers to windward, I think she would have come up with the Epervier." [Note: The Peacock was to leeward, initially, so Wales means that eventually, the Peacock would have gotten to weather of her, crossing her wake. The ship that later chased them was HMS Majestic, 58 guns, a recently razeed 74 gun ship.] "Q: What was the tonnage of the Peacock? A: I cannot say exactly her tonnage, but I think she is five hundred tons at least. Q: Were the bolts you used the ones you took out in England? A: Yes, they were. Q: Do you know if Charles Manly volunteered to hand up powder, or that he did not do so until ordered? A: I cannot say whether he did it voluntarily, or not, but I understand, in the event, of a man being killed between decks, and he handed up powder in his stead. Q: From whom did you understand it? A: from Gardner, the carpenters-mate, that he saw him handing up powder, and I believe Mr. Harvey also saw him.

The following describes the fight between the American Ship-Sloop USS Peacock, of 22 guns, and the British Brig-Sloop, HMS Epervier, of 18 guns, fought off the coast of present day Cape Canaveral, Florida. Both sloops of war were armed primarily with 32-pounder carronades, and this engagement has always been considered to be a fair fight, even though the Americans, as usual, had an advantage in the number of men and guns. The British court martial for the loss of the Epervier was held on board HM Ship Gladiator in Portsmouth Harbor, on January 20th, 1815. The PRO [in Kew] reference number is ADMI/5447 - XC20479. Interesting note: One of the twelve Royal Navy officers serving on this court martial was Captain Peter Haywood, RN, one of the Bounty's mutinous midshipmen! He had been arrested in Tahiti, survived the Pandora's wreck, stood trial, was acquitted, forgiven, reinstated, and moved up the ranks to captain by 1815. Statement of HM Brig Epervier's Captain, Richard Wales: "To the right honorable president and members of the court: The Narrative of R.W. Wales, Commander of His Majesty's Late Sloop Epervier, from the 14th day of April, until the 29th of the same month, on which day the said sloop was captured by the United States Ship of War Peacock, in Latitude about 27 degrees 47" North and Longitude 80 degrees 07" West. Having received orders from Rear Admiral Brown, then Commanding at Jamaica, to give instructions to ships bound to the Havannah, Bermuda and Nova Scotia, also to any others which may be bound to the northward as far as our courses lay together, I sailed on the morning of the 14th of April from Port Royal, it being the day appointed for our sailing, with seven sail in company, three of which separated on the 16th and 20th ultimo for their destinations. At the 24th PM, arrived off Havannah, and having seen the ships bound there safe in, and the vessel being bound toward Bermuda being in want of water, I anchored the Epervier at the entrance of the harbor my orders being to wait there 24 hours for any vessel that might be bound to the northward, having made the same known to the merchants, and that my orders were limited, I weighed the following morning at daylight, and made convoy signal for ships bound to the northward, and remained off the harbor mouth the greater part of the day. When not perceiving any other vessel come out to join me, I made sail with the one only bound to Bermuda, nothing particular occurred until the 29th instant, when at daylight, two sail appeared ahead, the wind being about ESE, and our course about N by E. At 7.30 AM spoke to one of the strangers under Russian colours, who was from the Havannah bound to Boston, who informed us, the other sail, under Spanish colors, was bound there also. Soon after, saw a sail in the SW quarter. At 6.30 AM, observed the stranger to be a square rigged vessel, and apparently, a man of war in chase of us, by her closing very fast. We then shortened sail, and at 9 AM hauled our wind on the larboard tack, finding the wind veered around to the southward, and made sail, so as to get between the convoy and the stranger. At 9.20 AM made the private signal, which was not answered by the stranger , but shortly after by a blue English ensign and pendant hoisted, which I considered as suspicious, and made the signal to the convoy for an enemy, and to provide for her safety. Beat to quarters and cleared the ship for action, at 9.40 observed the stranger to haul down the English ensign and pendant, and hoist an American at the peak, and another on the fore topmast head, ay 9.50, being within half gunshot of the enemy, observed her to keep away, as i supposed to bring her broadside to bear on us, which we avoided by putting the helm up also, and keeping before the range of her guns, , and then rounding too, firing our starboard guns at tthe enemy's bow, when three of the carronades unshipped, by the fighting bolts jumping out of the chocks, which were again shipped, and when abaft the range of the enemy's guns, we tacked and hauled up the main sail, during which period the enemy appears to have luffed up to bring her guns to bear, several of which were fired, but without doing us any material injury, in doing this, she got into the wind, as a I apprehended, as their head yards appear to have been [illegible] a-box, by which maneuver, and the Epervier falling round off, brought us immediately to close action again, when we stood, with the wind about abeam, the enemy then directing his fire chiefly at our sails, and rigging. I am sorry to say they succeeding in completely dismantling us, in cutting away our sails and running rigging with their star and bar shot, and shot away the jaws of the main boom. At 10.30 AM, observed the enemy's fore yard droop. We cheered. Soon after this, several of the larboard carronades unshipped, by the fighting bolts, coming out of their places, shipped them again, and continued firing, some of them continued to unship when fired. At 10.40 AM, the boom topping lift gave way, and the boom fell on the wheel, from which the head sails being shot away, through the Epervier in a situation to be raked, but the enemy not immediately perceiving it and the brig having headway, we succeeded in bringing our broadside towards the opponent again, without receiving three or four shot, while in that position, after this, the enemy fired chiefly at our hull, and disabled three guns in the waist, and several shot in the hull below. At this time, several of the crew had fallen, amongst whom was the first lieutenant. At 10.55 AM the breeching bolts having drawn, I consulted the master to get the Epervier around, so as to engage the opposite side, the larboard broadside being totally disabled, with the exception of one 18-pounder which was now the only gun we had to return the enemy's fire. But this was thought to be too impracticable from being to near the enemy, and rather advanced before her helm, without putting onboard of her, I then ordered the officers aft, and asked if they were of the opinion that we should succeed by boarding, but this was considered impossible from the enemy's apparent superiority, and that nothing more could be done. At 11 AM the main topsail fell, and the foremast tottering being much crippled by shot, and all the larboard rigging being shot away, and the Epervier in a defenseless state, the carpenter reported her making water, and there was four feet and a half in the hold. To prevent the loss of any more men, the convoy having escaped, I was under the mortifying necessity of ordering the colours to be hauled down, when the enemy soon took possession of us, and sending a strong party of seamen and carpenters on board, the weather being very moderate and smooth, water, they succeeded in stopping the shot holes and securing the fore mast, and got her safe into Savannah. I hereby annex, for the information of the court, the effective force of the crew on board H. Majesty's late sloop under my command at the commencement of the action, viz. Officers - Nine Petty Officers - 26 Able seamen - 13 Ordinary seamen - 18 Marines - 16 Boys - 15 Landsmen - 20 Supernumerary - one Total - 118. [signed ] R. W. Wales." I will edit out the boring legalese in the following testimony ...

Contemporary British Historian William James, wrote in his "Naval Occurrences ..." in 1816: "The Guerriere was captured from the French on the 19th of July, 1806, by the Blanche, Captain Lavie. The following was the force of the ... ship. twenty-eight long 18-pounders and two 68-pound carronades (in the bridle ports, and therefore no use in the broadside upon the main deck, ten long nine-pounders and ten [36] pound carronades on the quarterdeck and forecastle; total 50 guns." But when in British service, he writes: "The Guerriere's established armament consisted of twenty-eight long 18-pounders upon the main deck; sixteen carronades, 32-pounders, a 12-pound launch carronade, and two long nine-pounders, upon the quarterdeck and forecastle; total 47 guns. The Guerriere, like most French ships,sailed very much by the head; and, to assist in giving her that trim, as well as to obviate the inconvenience of a round house which intervened between the foremost and bridle ports on each side; and prevented the gun stationed at the former port from being shifted to the latter, when required to be used in chase, two additional 18-pounders, as standing-bow-chase guns, were taken on board at Halifax. These guns, not acting upon the broadside, will not be estimated as part of the broadside force; nor will the launch carronade, because, owing to its defects, or the want of some appendages, no use whatsoever was made of it. When Captain Skene had the Guerriere he had ports fitted on her quarterdeck for two bras 12-pounders, given to him by the Duke of Manchester. Upon quitting the Guerriere, Captain Skene, of course, took with him his private brass guns. The vacant ports, led some of the Constitution's officers to suspect, that the Guerriere's people had, between the time of surrender and of taking possession, thrown two of her guns overboard."

At that period of history, the "gangways" just meant the spar deck on either side of the boats on the booms - just like the "fore castle" was just the forward area of the spar deck, and no longer a raised castle-like structure, like it had been on the old Mary Rose.

In a later letter that I found in the National Archives microfilm stacks, written by Captain Thomas Tingey, Commander of the Washington Navy Yard, dated August 28, 1813, and dealing with the types of ordinance recommended to be issued to American ships of war in the future, he wrote: "The Constitution fired from her carronades two round shot at each discharge during the entire battle with the Guerriere." He also noted in the same letter : "Double-headed shot ... this did great execution against the Guerriere, the enemy complain much of their effect. One double-headed shot cut her fore mast about one third off."

Captain Tyrone Martin, USN, Ret., wrote in the American Neptune, "Isaac Hull's Victory Revisited": "As for Hull's statement that the close of the action lasted thirty minutes, one must consider them in relation not only to the sequence of events, but to the reported ammunition expenditure by Constitution. This appears in Moses Smith's recollection, and is said to have been taken from the ship's log. According to this source, she fired 953 rounds of all sorts. If we delete the ten 18-pounder shot used earlier in the action by the bow chasers, and if we assume the 260 stands of grape were all used in double shotted loads, we are still left with 683 rounds to be fired by twenty-seven guns (Constitution's broadside at this time.) This equates to each of these guns being fired every one minute and eleven seconds, and incredible sustained rate of fire., for gun crews in their first battle, Even if we conclude that the 100 canister shots were expended in double shots, the rate of fire remains a surprising one minute and twenty three seconds. It must be recognized too that there were some periods the fire slackened and stopped altogether because of the maneuvering of the ships." Based upon this, Captain Martin shows that the battle must have lasted much longer than Hull's officially reported thirty minutes. Regardless of the length of the action, 583 is a lot of round-shot, especially for only about thirty to have struck Guerriere's engaged side! Here's the exact figures from Smith: 32-pounders: 236 round shot 140 stands of grape 60 canister 24-pounders: 300 round shot 120 stands of grape 40 canister 47 double-headed shot 18-pounders (chase guns): 10 round shot. 2,376 pounds of black powder.

What is interesting is Captain Dacres's observation that the Guerriere's larboard side had been struck with a whopping thirty round shot, total, including some that were five sheets of copper down. The Constitution mounted 54 broadside guns, or 27 guns per side. Let's say that the initial broadside to broadside stage lasted, for sake of argument, about thirty minutes, and let's further say that the Constitution's gunners were able to fire one shot every three minutes, a respectable, realistic rate. (Patrick O'Brian's much quoted 'three shots every five minutes' is just fiction!) That means that, even if only loaded with a single round shot at each discharge, the Constitution should have fired about 270 times individually during that half hour, yet only about one shot in ten, hit her hull, according to Dacres's observation. Yet we know that the Constitution fired multiple round shot from each discharge for most of the engagement, according to her master gunner, yet only 30 shot hit her hull, not counting grape? Yes, I know that the Constitution's gunners were aiming at the masts for much of the time, but come on! Thirty hits only, on a hull that was 160 feet long, in broad daylight at pistol shot range? This speaks volumes about the accuracy of early nineteenth century sea gunnery!

You are correct, eagle-eye Evan! Cursive writing, a badly faded xerox-copy, and an aging brain, all conspired to get that one wrong!

Here's another bit: "Samuel Burns, sergeant of the marines, John Melvin quarter master, quartered on the quarter deck, John Shot Boatswain's mate quartered on the main deck, and George Morrison, quartermaster, stationed on the forecastle, were called forward and stated that everything was done for the preservation of His Majesty's ship. On being questioned whether there was any bribe offered, to induce them to enter into the American service, Samuel Burns stated that he was enticed by a military officer to enter into the service while at Boston promising him promotion above what he then was, and anything he stood in need of. John Shot, Boatswain mate, also stated that he had been offered a bounties of forty and fifty dollars by a naval officer having epaulettes if he would enter the American service, with four days leave, and as much food and drink for that time as he chose, and would then be put on board a ship until the Chesapeake was ready to receive men." Good thing Johnny Shot didn't take the bounty, because we all know what was going to happen to the Chesapeake the following summer ... Finally, Captain Dacres added: "On the larboard side there were about thirty shots, which had taken effect about five sheets of copper down. The mizen mast had knocked a large hole in her starboard counter and she was so completely shattered that the enemy found it was impossible to refit her sufficiently to attempt carrying her into port and so they et fire to her as soon as they had gotten the wounded out." CORRECTED!

Mr. William John Snow, masters mate of the Guerriere was called ... and examined as follows: Q: What part of the main deck were you quartered at? A: The seven foremost guns. Q: How many broadsides do you suppose you fired? A: I don't know. Q: What sort of shot did you chiefly fire? A: Round shot at a distance - round and grape close We generally fire four shots to [their] three. Q: Were you at your quarters on the main deck during the whole of the action? A: Yes. Q: After the fall of the masts of the Guerriere, could you work her main deck guns? A: No. Part were covered by the wreck, and the ship rolled so much that the whole of the guns were unmanageble. Q: At the time the colours were hauled down, do you think that any mens could be taken to prevent the ship from falling into enemy hands? A: None. Q: What was the number of men at your guns? A: The foremost guns six only, the midship guns seven and eight. Q: It appears to the court that the Constitution had a great number of men at small arms. Do you think if all the Guerriere's marines had been called up to oppose her, the seamen would have been able to work the guns? A: I do not think they would. Q: What was the general behavior of the people on the main deck? A: They behaved very well indeed. No men could have behaved better than they did. Q: How many men did you lose at your quarters? A: Four killed and many wounded at the seven foremost guns. At the eighth gun all were killed or wounded. Examined by Captain Dacres: Q: Did you understand it was not my intention to board while the masts stood, in consequence of our superior fire, and their great number of men? A: Yes, I understood the boarders were called to repel. Q: Had you a doubt of our success when we began the action? A: I had no doubt, nor had then men at my quarters. Q: Would you not be glad to try your fortune again with the same ships company notwithstanding our being so short of compliment? A: Yes. I should be very happy. Q: Was every department of the ship properly prepared for action and during its continuance did I encourage the men by my own personal exertions and every means in my power? A: Yes. You used every possible means. Q: Do you suppose the enemy could have possibly captured the ship, but for the accident of losing her masts? A: I do not. Q: When you were on board the Constitution, did you understand that there were many English men on her? A: I understood there were about 200. One man was in the Achilles with me in the action off Trafalgar. I believe the gunner and third lieutenant to be English subjects. Q: Do you know of any bribe being offered to our seamen to enter into the American service? A: No. An american gentleman told me me he had heard two officers ask a boy of the Guerriere to enter. The boy's name was William Low, and he was offered a bounty of 5 pounds. William Low was brought into court and confirmed the above evidence. He was born in London. Q: Relate to the court the state of the Guerriere's masts when she went into action on the 19th of August last. A: Our bow sprit was wrung. The head of the fore mast was wrung both the tressel tress were broken. The other spares were pretty good. Q: Mention the state the ship was in when the action ceased. A: Our masts were gone by the board. There were two or three shots went in between wind and water. The hull was considerably damaged, particularly the starboard counter from the fall of the mizen mast. The gangways were carried away by the fall of the main mast. When we went into action, we had 19 inches of water in the well. When it ceased, we had two feet, six or seven inches.. I sounded the well at 9 o'clock, there was then three feet six inches A number of shots had stuck in her sides. The ship rolled so much I cannot depend on the soundings of the well being correct. Several shot had entered on the main deck. Q: was it the defects of the fore mast that occasioned its fall, ot was it the fire of the enemy? A: I think it was its defective state as on examination afterwards, it was quite rotten. Q: Did you remain in the Guerriere that night? A: Yes. Q: What water was in the ship the next morning? A: Six or seven feet. Examined by Captain Dacres: Q: In what state did you find the main mast after it fell? A: Rotten at the heart, and I think it fell in consequence of the fall of the fore mast, which fell on the stay."

Captain Dacres had a couple questions for his former sailing master. "Q: Did you understand it was not intention to board while the mast stood, in consequence of our superior fire and their greater number of men? A: I did. I understood it perfectly from Captain Decres. Q: Have you been often in action? A: I have. Q: Have you ever seen a heavier fire than what was kept up by the enemy, when on our bow, raking us? A: I never did. When they found themselves not opposed to our guns, they fired severely. Q: Was every department of the ship properly prepared for action and during its continuance did I encourage the men by my own exertions and every other means in my power? A: Yes. Q: Had you a doubt of our success when we began the action? A: I had not. Q: With such a fine crew as I had notwithstanding our very short complement, would you not be glad to try the fortune again? A: I should. Examined by the court Q: Did you understand there any English seamen in the Constitution? A: I heard there were, and I saw several who were born in England, a good number of North Country men. It is impossible I could be deceived in their dialect, I am a Scotsman and served my time from the north of England myself."

Lieutenant Kent withdrew and Robert Scott, master of the Guerriere, was called into court, sworn and examined s follows: Q: Have you any narrative of the circumstances that occurred in the Guerriere's action? A: I have. Mr. Scott then produced the following narrative: "On the 19th of August of 1812, at 2 PM, being on the wind on the starboard tack, saw a sail on the weather beam standing towards us. at 3 made her out to be a man of war, went to quarters and cleared for action. At 4 the stranger was supposed to the United States Frigate Constitution, which we had formerly chased off New York. Hauled up the course, took in the top gallant sails, backed the main top sail, hoisted an ensign at each mast head. The enemy shortened sail and hauled to the wind on the starboard tack. At 4.15, furled the main top sail. The Constitution then bore up and then and hoisted American colours on each mast head. At 4.10 gave him our starboard broadside, and wore to give him our larboard when the enemy commenced firing, wore several times to avoid being raked, exchanging broadsides. At 5 our opponent closed with in half pistol shot on our starboard beam, both steering free and keeping up a [illegible] fire.. At 5.20 the mizen mast went over the starboard quarter, which brought the ship up in the wind against her helm which exposed us to a heavy raking fire from the enemy. At 5.40 the ship not answering her helm he attempted to cross our bow and lay us on board, but Captain Dacres, perceiving his intentions, gave orders to wear under her quarter which we accordingly did, when our bowsprit caught his quarter, which hindered our wearing as expeditiously as we could have wished. At this time the fore mast went by the board and fell across the main stay and carried the main mast with it over the starboard side leaving the ship a complete wreck. The Constitution stood on ahead. All hands were immediately employed clearing the the wreck, in hopes of being able to get the ship before the win, to recommence the action, but just as we had completed clearing the wreck, the sprit sail yard went and left the ship in the trough of the sea rolling her main deck guns under water. Our opponent at this time had refitted and had wore around to rake us and all attempts to get the ship before the wind or bring any of our guns to bear proving fruitless, the ship in a sinking condition, much shattered in her hull, and many shot between wind and water with more than one third part of her crew killed or wounded, Captain Dacres called his officers together. who all were of the opinion that any further resistance would be a useless expense of lives. At 6.45 the colours were taken from the stump of the mizen mast. Q: At what distance was the enemy when the Guerriere opened her fire? A: She was within range of her fire. Q: In what manner did the fall of the mizen mast operate as to oppose the ship from maneuvering? A: By falling over the starboard quarter, it brought the ship into the wind against her helm. Q: Was the helm immediately put up and other efforts used after the fall of the mizen mast to prevent her coming to? A: Yes it was and the yards were trimmed and every effort used! Q: How long have you been master of the Guerriere? A: About eleven months. Q: Did you consider her a handy ship to work, or otherwise? A: She was long in stays and in wearing. Q: State to the court the causes that appear to you to have produced the fall of the fore and main mast. A: One shot had cut the fore mast in the after part, and the fore and main rigging being nearly all shot away on the ltarboard side, the fore mast fell across the main stay, and carried the main mast along with it. The rolling to windward in my opinion caused the masts to fall over. Q: If your bow sprit had not touched the Constitution, do you think the masts would have went? A: I think the would. Q: What was the state of the masts when you went into action? A: The masts and bow sprit were in a bad stateThe head of the fore mast was entirely wrung, and the tressel trees were gone. Q: Did you make use of your runners to secure your masts? A: We had runners on our fore mast. Our fore rigging was bad. Two shrouds were carried away two days before the action. Q: What means were taken to get the ship before the wind, after the fall of the masts? A: We had all hands on deck to clear the wreck. The starboard fore rigging falling over the starboard best bower anchor, we cut the anchor and cable away to clear the wreck, loosed the spritsail and set it, the spritsail yard went directly after. Q: How was the wind? A: About N.N.W. Q: How was the ship headed when you set the sprit sail? A: About south. Right in the trough of the sea, and would not answer her helm. Q: Were many of the men who were quartered at the rigging killed or wounded? A: There were, very early in the action. Q: Did the enemy appear to have a great number of men at small arms? A: They had a great number indeed! Q: Did they do much execution? A: A great deal. Q: At what particular time? A: After the fall of the mizen mast, she then took a position on our larboard bow and raked us Q: What number of men were at small arms in the Guerriere at the commencement of the action? A: I do not know. Q: Did the Guerriere suffer from the accident of losing her masts, or for want of seamen to fight her? A: Entirely from the fall of her mast. Q: Not withstanding you were so short manned - was your fire quicker than the enemy's? A: I think it was a great deal quicker The seamen seemed to be very steady and zealous. It was impossible people could behave better, or do more. Q: Was the fire of the enemy's muskets greatly superior to the Guerriere's at the beginning of the action? A: As soon as the enemy ship was in a situation that I could see them, there appeared to be a great number of men, and the tops full, who annoyed us very much. Q: Did you think the proportion of the sail the ship was brought into action under was proper? A: I verily believe it was. She was going five or six knots in the action. Q: In your opinion, was everything done previous to and in the action to prevent his majesty's ship from falling into the hands of the enemy? A: I believe every thing was done. Q: What part of the ship were you in when you were wounded? A: I believe at the wheel. Q: What was the general conduct as far as comes within your knowledge of the inferior officers and ships company from the time of her capture to the present moment? A: They have been very respectful, obedient and orderly.

Captain Dacres, apparently also in the room, but remaining silent after reading his letter, had a few questions for his late first lieutenant: "Q: Was every department of the ship properly prepared for action and during its continuance did I encourage the men by every personal exertion and every other means in my power? A: Every part of the ship was cleared for action and every exertion was used by Captain Dacres to encourage the men. Q: Did you see any English men on board the enemy when you were taken prisoner? A: There were several men pointed out to me as Englishmen. There were some I knew personally as deserters from the Halifax squadron. Q: Did you understand generally the number she was supposed to have? A: I understand about 200. The gunner of the Constitution was captain of the forecastle in the Eurydice when she came from England - he was a Scotchman and went by the name of Robert Klein [?] in the Eurydice, and in the Constitution in the name of Anderson. Their third lieutenant I believe to be an Irishman, his name was Reid. Q: How many of them were supposed to have been in action in Trafalgar? A: I understand that seventeen of the captains of guns were with the British service in that action, but I cannot say from what authority."

The story of the Constitution's most famous action has been written about exhaustively. But here are the words of British eyewitnesses, to the best of my knowledge, have not been published elsewhere. The officiel letter of Captain James Dacres will be omitted, because it has been printed many times elsewhere. Here are the recollections of those under his command. The court martial was held on board HMS Africa, 64, in Halifax, on October 2, 1812. Lieutenant bartholomew Kent was sworn in and testified as followed: "August 19th, 1812, at 2 P.M., being on the wind on the starboard tack, we saw a sail on our weather beam, coming down before the wind. Made sail in chase. At 3 made her out to be a man of war. Went to quarters and prepared the ship for action. At 4 made her out to be the Constitution, which we had formerly chased off New York, but escaped by her superior sailing. Hauled up our courses, took in our top gallant sails, and backed the main topsail to wait for her coming down. The enemy at the same time hauled o a wind, took in his top gallant sails, courses, and reefed his topsails. At 4.5 filled, wore ship and hoisted our colours at each mast head. At 4.10 the enemy bore up - fired several shot at him. At 4..15 she hoisted her colours and returned our fire.. Wore several times to avoid being raked exchanging broadsides. At 5 she closed within half pistol shot, on our larboard beam, both keeping up a heavy fire and steering free, his intention, evidently, being to cross our bows. At 5.20 the mizenmast fell and exposed the ship to a heavy raking fire from the enemy, who placed himself on our larboard bow, a few only of our bow guns being able to bear on him . At 5.40 the ship not answering her helm, he attempted to lay us on board, At 6, the ship coming to we brought some of our bow guns to bear on the enemy and got clear of him. At 6.20 the fore and main masts went over the side, leaving the ship a perfect unmanageable wreck. The frigate immediately made sail ahead, and we began to clear away the wreck, in hopes of being able to get the ship before the wind to recommence the action, but just as we had cleared the wreck, the spritsail yard went, leaving the ship in the trough of the sea, rolling her guns under. The enemy by this time refitted wore round to rake us, and all attempts to get her before the wind proving in vain, the ship being much shattered in her hull, in a sinking condition, and 1/3 of her crew killed or wounded, Captain Dacres called the remaining officers together, when all were of the opinion that further resistance would be a useless expense of lives. Bart. Kent 1st Lieut. Q: After the Guerriere had laid to, for the enemy to come down was she put under command in time? A: Yes. She filled previous to the enemy's coming within gunshot, and was kept under three topsails and jib and mizen staysail occasionally. Q: At what distance was the enemy when the Guerriere opened her fire? A: We fired a single shot first which went, I think, a half a mile beyond her, to try our distance. We then have her our starboard broadside shortly afterwards, and wore so as to fire our larboard broadside. The Constitution returned our broadside before the 2nd or 3rd. One shot went through our quarterdeck and another went though her gangway hammocks from her first broadside. Q: Were the best positions preserved, thtat the superior sialing of the enemy and other circumstances would permit before the fall of the mizen mast? A: They were the best! Q: In what manner did the fall of the mizen mast operate so as to prevent the ship from manuevering? A: The mizen fell on our starboard quarter. The enemy shot ahead and attempted to haul across our bows, The ship came to at the same time and we were exposed to a raking fire from the enemy. I cannot say whether the ship came to against her helm. I can not speak as to the manner of the mizen mast operation. Q: How long were you clearing the wreck of the mizen mast? A: We did not get clear of the mizen mast until the other masts fell. Q: How long were you first lieutenant of the Guerrieire? A: Nearly three years and a half. Q: Did you consider her a handy ship, or otherwise? A: Much the reverse, she seldom stayed, if there was any sea on. Q: Relate to the court, the cause that appears to you to have preceded the fall of the fore and the main masts. A: Our fore mast was struck by a double headed shot, which was afterwards found laying on the fore castle. Several of the shrouds were cut away, and when we were aboard of the enemy our bow sprit was over his quarter, the pitching of slackened the fore stay and the masts fell about the same time. The main mast did not appear to me to be wounded by shot. Previous to our going into action our fore tressel trees were gone most of the fore rigging knotted, our bowsprit was defective. We were obliged to get down our long fore topgallant mast and get a short one up. The fore topmast was hanging by the top tackle pendants, the tressel trees not being able to support the weight of the topmast. The heel of the fore mast in falling fell over the main stay and the main stay being slackened by the weight and the jerk of the fore mast, carried the main mast with it. Most of the main shrouds were shot away. Q: Inform the court the state of the wind and sea at the time. A: There was a fresh breeze and a great deal of sea on. Q: What means were taken to get the ship before the wind after the fall of the masts, and how long were you clearing the wreck? A: The spritsail was loosed. We began immediately to clear away the wreck and got up a small spar on the stump of the foremast. I think we might have been three quarters of an hour before the whole wreck was cleared. Q: Did you succeed in getting before the wind? A: No. The sprit sail yard went and the ship having got into a trough of the sea, she lay there. She rolled so much I dod not think it would have been possible to work the guns. The shot and shot boxes on the quarterdeck were flying from side to side. Q: It appears from Captain Dacres letter that the fire from the enemy's small arms did great execution on the Guerriere's upper deck. Did you later ascertain the number of the enemy had at small arms at the time the ships came to close action, and how they were disposed of? A: When on board the Constitution I understand they had 12 men in each top with rifles and also between 50 to 60 marines with small arms on the gangways. Q: How many men with small arms did the Guerriere oppose at the time the ships first came to close action, to divert the enemy's fire from the men at your guns? A: In consequence of the main deck guns being shortly manned, from the number of men who were away, the marines were ordered down to man them, until Captain Dacres gave orders for the whole of the marines to be sent up. I do not think we could have had more then ten men at small arms altogether. The whole of the marines were up when the ships closed, about thirty five in number. Q: How many men had you at each main deck gun? A: Seven including marines and a powder man - some calling themselves Americans were allowed to go below. Q: Do you know how many broadsides the ship fired? A: I cannot say. The fire from the ship was very brisk. Q: Relate to the court the position of the two ships when the enemy attempted to board? A: When the enemy came close to us, Captain Dacres gave me orders to go down on the main deck and snd every body up from below. I sent up part of them, but being found impracticable to board her, they were immediately sent down, previous to the others getting up The only position I observed the ships in was when I came up our bowsprit was over her larboard quarter. Q: Why was it impracticable to board? A: There was so much sea and the Guerriere coming to, it was impossible to get on board. Q: What proportion of the crew of the Guerriere was boarders and how were they armed? A: There were four men to every gun who were boarders, making 96 together, when the whole of the ships company were on board. All the men on the upper deck were boarders, armed with cutlasses - were lying on the main and upper deck for them The boarding pikes were on the booms, some on the main deck, some on the fore castle. Q: Did the enemy make any attempt to board the Guerriere? A: The first lieutenant of the Constitution informed me that at the time he was wounded, he was on the tafferail to see if it was feasible to board the Guerriere. He heard us call our boarders and from the number of men that appeared on our deck, he expected we were going to board them and waited to receive us. Q: Did you exchange vollies of small arms at the time the people were up? A: Yes, we were defending ourselves with musketry and bow guns - at that time most of the marines were killed or wounded. Q: How often did the Guerriere wear during the action? A: We wore several times, but I cannot say how often. Q: Did the enemy wear as often? A: The enemy did not wear, she was coming down on our weather beam and yawed to give us her broadside. Q: Had you your broadsides to the enemy, when you wore? A: Part of our broadside wore on the enemy Q: What was the state of the Guerriere when the colours were ordered to be hauled down and what was the position and state of the enemy? A: All the masts of the Guerriere were gone, several shot between wind and water, her hull much shattered and rolling so that it was impossible to use her guns The enemy wore round on the starboard bow, his masts and yards all standing, except the cross jack yard, and was approaching apparently with an intention of raking us, when we struck. Q: At what distance was the Constitution from the Guerriere when she struck? A: At long gun shot, about a mile. Q: How long had she retired from you to refit? A: I think about three quarters of an hour. Q: During the action, did any of the masts hamper your guns? A: Not until the fore and main masts fell - they rendered the starboard guns in part ineffectual. Q: Previously and during the action, was everything done that could be done to prevent the ship from falling into the hands of the enemy? A: Every thing was done."

Here's an interesting account in the Newburyport (Massachusetts) Herald and Country Gazette from early 1813, reprinted from a Boston paper Of February 17, 1813. "NAVAL VICTORY. On Monday evening, arrived in the outer harbor, the US Frigate Constitution, Comm. Bainbridge. Mr. Ludlow, Purser, came to town, and was the bearer of the following information of another brilliant naval victory. On the 29th December, lat. 33.6 S, Lon 38 W about 10 leagues from the coast of Brazils, the Constitution fell in with and captured his Britannic Majesty's frigate Java, of 49 guns, and manned by upwards of 400 men. The action continued an hour and 55 minutes, in which time the Java was made a complete wreck, having her bowsprit and every mast and spar shot from her. The Constitution had 9 men killed and 25 wounded. The Java had 60 killed and 101 wounded, certainly among the latter was mortally wounded Capt. Lambert, her commander, a very distinguished officer. The Java was rated 38 guns, but mounted 49. She was just out of dock and fitted in a most complete manner, to carry out Lt. General Hilsop, governor of Bombay and his staff, with Captain Marshall, a captain in the british navy, and a number of naval officers, going to join the british ships of war in the East Indies. She also had supernumeraries of the British Government for St. Helena, the Cape of Good Hope, and to every british establishment in the East Indies, and the China Sea; had copper on board for a 74 gun ship, and two sloops of war building at Bombay; and it is assumed much other valuables; all of which were blown up in her on the 31st December, when she was set on fire. The Constitution was considerably cut in spars, rigging and sails, but not too much injured, but what she could have commenced another action immediately after after the capture of the Java, which the latter vessel was a complete and unmanageable wreck. All officers and seamen, taken in the Java, were paroled by Commodore Bainbridge, and landed on the 3rd of January, at St. Salvador. ... By a letter written by one of the officers of the Java, while a prisoner on board the Constitution, it is evident that the must have been considerably greater, some of whom must have died of their wounds previously to removal. The letter states 60 killed and 120 wounded." NOTE: Such a letter does exist, and I saw it in the National Archives microfilm rolls years ago. It was included in commodore B.'s official dispatches to the Secretary of the navy, for anyone wishing to look for it, and I remember it gave those exact numbers. This is important, because the official British death toll is only 24 killed, but the wounded number is about the same. Likewise, the British claim that the Java mounted only 16 carronades, not 18. The 74 building at Bombay was the Cornwallis. When she sailed for Britain in 1815, and chased the Hornet, she mounted only 60 guns, because her carronades, shipped from England, had all been lost at sea. Were they also in the hold of the Java? Were a pair of those temporarily mounted on the Java? The article continues: "The Java touched at St Jago, Cape de Verds, and learned that the Essex had been there, and supposing the Constitution had been that frigate with carronades only kept at long shot which prolonged the action ... The Constitution had received only three shots in her hull ..." Note: The USS Essex mounted forty 32-pounder carronades and six long twelve pounders. Really? The Java hit the Connie's hull only three times in two hours? But one of those three, at least, took out the wheel. " ... The force of the Java (formerly the French Frigate La Renomme, which the British called a 44 capturing her) I now state with the best authority 28 18-pounders on the main deck - 14 32-pounders on the quarterdeck - 4 32-pounders and two long 12-pounders on the forecastle, and a lone shifting gun, a 24 pounder." This statement of armament was undoubtably also given by Constitution's purser, Charles Ludlow. The shifting gun might have been a brass 5 1/4 " howitzer in lieu of the standard 18-pounder boat carronade. HMS Amphion was fitted with one in 1811. That would make sense, because the French 18-pound shot would not fit in an English boat carronade - too big. There were no French 18-pound carronades made that that time. It would also have been too confusing to carry two different types of 18-pound shot on board the ship, but French 18-pound shot and grape would fit into an English 24-pounder howitzer, should a boat action be required. But I digress again ... "There are on board the Constitution some of the Java's shot, from which it has been ascertained, there is scarcely three pounds difference between her "eighteens" and the American "twenty-fours", so called; and that the 32-pound shot of the Java is heavier that the 32-pound shot of the Constitution." This last statement is evidence that the Java retained her original French guns. The French pound is heavier than the British, and a French eighteen weighs about 20-21 pounds. The American sand-cast shot was substandard by British specifications, and tended to be underweight by as much as a pound or so in the larger calibers, so Ludlow's last statement could be accurate. Note: Purser Charles Ludlow's brother, Augustus C. Ludlow, USN, was the first lieutenant of the ill-fated Chesapeake, and was mortally wounded in the action with HMS Shannon. His face was nearly cut in two by a cutlass, and he lingered in agony for three days. All towns in New England called Ludlow - like Ludlow, Vermont - were named after him, just like Lawrence, Massachusetts was named after the Chesapeake's late captain, James Lawrence . Ludlow Street in NYC is also named after him.

When, in 1812, the crew of the Constitution learned that Captain Hull was leaving the ship, and Captain Bainbridge was replacing him, the crew nearly rioted and requested to be released from their service on the ship. Cooler heads prevailed, and the crew grudgingly stood down and remained on board. Bainbridge was also the first US captain to haul down his ship's colors, while in command of the USS Retaliation in 1798, to a pair of french frigates that he mistook for british. Strike One. During the Barbary Wars, he commanded the USS George Washington, and mistakenly anchored his ship under the guns of the great fort of Algiers. The Dey of Algiers demanded that Bainbridge use his ship to ferry the Algerian ambassador and tributary gifts to Constantinople and that he fly the Algerian flag during the journey, or her would sink his ship. This was an insult of the first order, but Bainbridge agreed, and sailed his ship, as told, under foreign colors. Bainbridge got in a lot of trouble for this, and he should have lost his job for bowing to this blatant national insult. Strike Two. Then there was the Philadelphia blunder. Strike Three. Bainbridge was considered to be a Jonah, which was why Connie's crew nearly mutinied. Bainbridge was the most hated captain in the fleet. After the War of 1812, Bainbridge helped fan the flames of an old feud between two brother officers, that ended in a duel that killed Bainbridge's old nemesis, Stephen Decatur. Bainbridge hated Decatur because the latter had gotten his fleet to sea first in 1815 and had defeated the Algerian Navy before Bainbridge could get his own fleet to sea and join him. Decatur had promised to wait until all the combined ships of both fleets could sail together and share the glory. It was Bainbridge's meddling that ruined the USS Independence, 74, altering her design so badly, against the protests of the builder, Samuel Hardt of Boston, that the ship couldn't open her lower deck ports in anything but calm weather. She was the only US 74-gun ship that had to be razeed down into a frigate. The navy was unable to make the USS Independence seaworthy because her lower deck port cills were so low, which was the real reason for Bainbridge's delay, and they eventually had to calk all the lower deck ports closed to be able to safely cross the Atlantic. Sister-ships USS Washington and USS Franklin, unaltered by Bainbridge, did not share this problem. Strike Four. After Bainbridge's death, his daughters burned most of his private papers, because they knew that if the public knew all the shenanigans that her father had been up to, particularly those involving the Decatur-Barron duel, history would not have looked kindly upon him. Some historian go so far as claiming that Bainbridge murdered Decatur, because his manipulations of Barron was so masterful and complete. Bainbridge was loathed by his contemporaries. Today, Bainbridge is remembered solely as the great hero who took the Java.