formed

of the

enemy.

The three british ships, on being first discovered 1815. by the Constitution, were taken by the american March. officers for what, in reality, they were: the Leander Opiniand Newcastle for "ships of the line," or two-on deckers, and the Acasta for a frigate. But the by each Cyane, according to her log, made out all three party ships to be frigates, even before the Constitution force cut her cables and made sail.* Yet, on board the of his Leander, the Constitution, of 1533, the Cyane of 539, and the Levant, a flush ship, of 464 tons, all put on the appearance of "frigates." Hence, when the Cyane tacked, "sir George directed the Acasta's signal to be made to tack after her, but countermanded the order, on observing that she would gain the anchorage before the Acasta could close with her." It was, therefore, the respect which the british commanding officer paid to the neutrality of the portuguese port, that permitted the Cyane to go unpursued. But, in less than an hour, a second enemy's "frigate," the Levant, tacks, and the neutrality of the port does not save her from being pursued, or from being cannonaded, "with her jibboom over the battery," by two of the three british ships that had tacked after her. How does captain M'Dougall reconcile this?

alone

but

It appears, now, that it was not sir George's in- Acasta tention that all three british ships should have to have tacked after the Levant. The signal was ordered tacked to be for the Acasta alone to tack; but, according misto the published letter of Mr. Thomas Collier, take "the midshipman, Mr. Morrison, whose duty it was in to make the signal, did, by mistake, hoist the signal. general signal," or, according to another statement, and one which bears the signature of the Leander's late first lieutenant, "in making the signal, the Acasta's distinguishing pendants got foul, and, before they could be cleared, the Newcastle

* Naval Monument, p. 173.

† See captain M'Dougall's paper, in Marshall, vol. ii. p. 536,

Acasta

ought

not to

have

tacked

1815. mistook it for a general signal."* It is a point, we conceive, of very little consequence how the mistake arose. The fact is that, of all the three ships, the Acasta was the last that should have been ordered to tack after the Levant, even admitting that ship at all. to have been the " Constitution, President, Macedonian, or Congress," simply because the Acasta was "weathering," "getting into the wake of," and the likeliest of any of the three to overtake and bring to action, the "Guerrière." On the other hand, that the Leander herself, if any ship did, was the most proper to have gone in pursuit of the supposed Constitution, President, Macedonian, or Congress, is clear; first, because she was "falling to-leeward" of the supposed Guerrière, and next, because she was the nearest of any of her squadron to the ship that, to the Leander at least, put on so fatal a disguise. Had we seen no other statement than is to be found in the three british ships' logs, we should consider that the Leander really did tack first; for thus says her log: "Tacked ship to cut off ship from anchorage, and made signal for ditto."

Lean

der

the

Sir George Collier was remarkable for the kindtacked ness with which he treated his officers, and for the, also by in this instance, most unfortunate, deference he was sugges- in the habit of paying to their opinions on points of tion of service. By whose suggestion he tacked, let his late first lieutenant's own words determine: "When the lieut. Acasta had filled on the starboard tack, I observed

her

first

He

to sir George, that, if the ships standing in shore were really frigates, which it was impossible to ascertain, owing to the haziness of the weather, they would be more than a match for the Acasta. replied: "It is true, Kerr can do wonders, but not impossibilities; and I believe I must go round, as, when the ship that tacked first hears the Acasta engaged, she will naturally come to her consort's assistance."+ Captain M'Dougall here says "it was impos† Ibid. p. 538.

* Marshall, vol. ii. p. 537.

sible to ascertain" whether or not a low flush ship, of 1815. 464 tons, sailing for more than an hour, at the distance March. certainly not of more than five miles, upon the weather beam of the Leander, and consequently with her whole broadside exposed to view, and every port, one might suppose, as easy to be counted, as the ports of the Leander herself were by the british and american officers on board the Levant, was a "frigate;" and such a frigate as, with another like her, it would be "impossible" for the Acasta to cope with. Lieutenant Henry Richmond, who was a midshipman on board the Leander, appears to have sanctioned Mr. Thomas Collier in saying, that "all on board" the Leander fully believed that the Constitution, Cyane, and Levant were three american Names frigates. The only answer we shall give to this will of Lebe to subjoin the names of the five lieutenants, who lieu belonged to the Leander at the time. 1st. John tenants. M'Dougall, 2d. William Edward Fiott, 3d. Robert Graham Dunlop, 4th. George William St.-John Mildmay, and 5th. Richard Weld. We believe it is not yet admitted by captains Kerr and lord George Stuart, that the Acasta was the first ship that tacked, or that the weather, at the time the Constitution was left to go her ways, was not sufficiently clear for the water-lines of all the ships to be seen.

ander's

marks

onal

Mention has been made of an optional flag. The Re following extract from the work of a contemporary will on the afford the requisite information on the subject: "Sir "optiGeorge Collier, confiding in the zeal and judgment flag." of the captains under his orders, had previously informed them that, whenever a certain flag was hoisted with any signat addressed to either of them, they were at liberty to disregard the signal, if they considered that, by following the order conveyed thereby, the object in view was not so likely to be attained, as by acting in contrariety thereto. The flag alluded to was entered pro tempore in the signal books under the designation of the optional flag.' On its being hoisted with the Newcastle's

6

1815. pendants as above stated, that ship made answer by March. signal, The flags are not distinguishable.'"*

Advan

tages

Acasta.

We

shall not stay to discuss this point, beyond suggesting the probability, either that the wrong flag was hoisted on board the Leander, or that it had got foul and was omitted to be cleared. If neither was the case, the Newcastle must have been nearer to the Constitution then she was to the Leander; for we observe by her log, that the Newcastle could distinguish the signal made by the Constitution to the Cyane, as being one not in the british naval code, also that the signal afterwards made by the Constitution to the Levant was "the same signal as before." We have now a word or two to submit on the part performed by the Acasta.

In two respects, the Acasta possessed a decided possess advantage over her consorts. She was far more aded by vanced in the chase, and sailed better on a wind, than either of them; and she had, from the first, made out exactly the force of the three strange ships: they were, according to her log, "one large frigate and two sloops." We believe, also, that the "large frigate" was all along supposed by her to be the Constitution. When the Acasta saw the signal made by the commodore, so far to-leeward, for the squadron to tack, how happened it that no signal was made in answer, expressive of the probability that some mistake had been made, in supposing that the two ships which had tacked were worth a moment's consideration, and communicating, that the ship which they were all anxious to get hold of was ahead, and that she, the Acasta, was weathering her? Or, let us suppose that the Acasta had taken no notice of the Leander's signal, but had kept on her course, captain Kerr, if we mistake not, had an honourable wound, which would have served him for an excuse, as a similar wound, and on a similar occasion, had once served the greatest naval captain of the age. * Marshall, vol. ii. p. 537, note ‡.

† See vol. i. p. 145.

"Leave off action? Now d-n me if I do! You 1815. know, Foley, I have only one eye,-I have a right March. to be blind sometimes."*

tract

Mar

On the subject of the "optional flag," in reference Exto the Acasta, we shall quote from a contemporary: from "The Acasta's log informs us, that the enemy's force Mr. was discovered to consist of one large frigate and two shall's sloops, so early as 1 P. M., the time when the british work. squadron first tacked to the eastward. If so, we are sorry that a signal to that effect was not made, by which sir George Collier's mind would have been set at ease as to the capability of the Acasta to cope with the two ships which had put back; and the Leander, having nothing else to engage her attention, would of course have continued in pursuit of the other. It is very natural for junior captains to feel a delicacy in addressing signals to their commanding officer when in presence of an enemy; but, as sir George Collier had formed his opinion of the american's force from the report of captain Kerr and lord George Stuart,+ he certainly could not have taken offence had he been informed that the Acasta alone was more than capable of annihilating the two ships which she had tacked after."+

66

cluding

One part of this statement we consider quite Connugatory. What would have been the utility of rethe Leander, a ship confessedly falling to-lee- marks. ward," continuing in pursuit of the Constitution? No, the only ship, that could have pursued her with any chance of success, had been ordered by the Leander to tack from her. Most sincerely do we regret, on personal, as well as on public grounds, that this last and most triumphant escape of the Constitution, the first frigate of the United States that had humbled the proud flag of Britain, had not, long ago, been brought under the scrutiny of a court-martial. The blame would then have fallen