by John Marshall

“ At eight o’clock, the weather appearing suspicious, and the wind beginning to blow, the top-gallant-masts were got down on deck: at half-past it came on squally, and we veered away to a cable and a half. At nine the ship was found to be driving, and in only eleven fathoms water; the small bower was instantly let go, which brought her up in ten fathoms, The lower-yards and top-masts were now struck, as close down as they could be got. The moon was not visible, but we had sufficient light to shew us our dangerous situation ”

“ The main-yard was next swayed up in a manner similar to the fore, and the spring fastened to the small-bower cable. People were sent aloft to stop each yard-arm of the top-sails and courses in four or five places with spun-yarn, tied in a single bow, and to cast off all the gaskets: those men were strictly enjoined to he quick in obeying the commands given them, and to be extremely cautious not to let a sail fall, unless it was particularly named; as any mistake in that respect would occasion the loss of the ship. ”

“ Mr. Hayes was now sent into New York with a formal challenge from Captain Courtenay to M. Bompard, who, after consulting with his officers, determined upon putting to sea and engaging the Boston, which he accordingly did on the morning of July 31st, at a short distance from the land. The action was long and bloody, but proved indecisive, although the object of the British was in part accomplished, as the damage sustained by the republican frigate incapacitated her for a considerable time from offering any further annoyance to the English trade. ”

“ The wind afterwards shifted a point to the northward; but to counteract this favourable change, it was a lee tide, and a heavy sea setting right on to the reef: neither officers nor men thought it possible, in any way, to cast her clear thereof, and to make sail, more particularly as the yards and topmasts were down. Captain Hayes, however, gave orders to sway the foreyard two-thirds up outside the top-masts; and, while that was doing, to pass a hawser from the starboard quarter, and bend it to the spare cable, as a spring to cast the ship by ”

“ When ready for sea, he proceeded to join the squadron employed under the orders of Sir John B. Warren, on the Halifax station; and during the remainder of that year we find him charged with the blockade of Boston, in which port the Constitution was then lying ready for sea. On the 3d Feb. 1814, he captured a French frigate in the vicinity of the Azores, whither he had gone in quest of the American forty-four, which ship had eluded his vigilance during a snow storm on the first of the preceding month. ”

“ He clearly pointed out that the restrictions respecting tonnage would prevent them from being so perfect as a greater scope would enable him to make them, but that each should, notwithstanding, prove superior to her class at the time in existence ”

“ The yards were all braced sharp up for casting from the reef, and making sail on the starboard tack. The tacks and sheets, top-sail sheets, and main and mizen stay-sail haliards, were manned, and the spring hove taut: Captain Hayes now told his crew that they were going to work for life or death; if they were attentive to his orders, and executed them properly, the ship would be saved ”

“ Mr. Hayes subsequently joined a brig under the command of Captain (afterwards Admiral) Cobb, with whom he continued, on the Channel station, till 1790, when we find him entrusted with the charge of a watch on board the Pearl frigate, commanded by his friend Captain G. W. A. Courtenay, whom he ultimately accompanied to the Newfoundland station, as an acting Lieutenant, in the Boston, of 32 guns and 217 men. ”

“ Captain Hope taking this opportunity to bend new sails, to enable him to get his ship alongside again, the action ceased, till the Pomone getting up at 11h 30' P.M. fired a few shot, when the enemy hailed to say he had already surrendered. The ship on being taken possession of, proved to be the President, commanded by Commodore Decatur. The vessel in company with her was the Macedonian brig, which made her escape by very superior sailing [5] . ”

“ The oldest seaman in the ship at that moment thought all lost; but the probability of her casting to starboard had happily been foreseen by Captain Hayes, who now, in the coolest manner, gave orders to ‘put the helm hard a-starboard; sheet home the fore-top-sail; haul on board the fore-tack, and aft fore-sheet [3] ; keep all the other sails fast; square the main, mizen-top-sail, and cross jack yards ”

“ The wind increasing, the prize being in a state of great confusion, and night fast approaching, obliged rne to stay by her, and to suffer the other frigate, with the ship and brig, to escape. The sea got up so very fast that only 100 of the prisoners could be removed; and even in effecting that, one boat was lost, and 2 Frenchmen were drowned: this, I hope, Sir, will plead my apology for not bringing you the whole of them The captured ship is the Terpsichore, of 44 guns, 18 and 24-pounders, and 320 men, commanded by François Désiré Breton, capitaine de fregate ”