Le 29 décembre 1812, la frégate américaine USS Constitution, attaque et détruit la frégate britannique HMS Java, près des côtes brésiliennes. Les deux navires étaient armés de 44 canons respectivement.

                              
Tuesday 29th December 1812     

At 9 AM, discovered two Strange Sails on the weather bow, at 10. AM. discovered the strange sails to be Ships, one of them stood in for the land, and the other steered off shore in a direction  towards us. At 10.45. We tacked ship to the Nd & Wd and stood for the sail standing towards us,-At 11 tacked to the Sd & Ed hauld up the mainsail and took in the Royals. At 11.30 AM made the private signal for the day, which was not answered, & then set the mainsail and royals to draw the strange sail off from the neutral Coast.          

          At 1 .50. P.M, The Enemy bore down with an intention of rakeing us, which we avoided by wearing. At 2, P.M, the enemy being within half a mile, of us, and to wind ward, & having hawled down his colours to dip his Gafft, and not hoisting them again except an Union Jack at the Mizen Mast head, (we having hoisted on board the Constitution an American Jack forward Broad Pendant at Main, American Ensign at Mizen Top Gallant Mast head and at the end of The Gafft) induced me to give orders to the officer of the 3rd Division to fire one Gun ahead of the enemy to make him show his Colours, which being done brought on afire from us of the whole broadside, on which he hoisted an English Ensign at the Peak, and another in his weather Main Rigging, besides his Pendant and then immediately returned our fire, which brought on a general action with round and grape.

          The enemy Kept at a much greater distance than I wished, but Could not bring him to closer action without exposing ourselves to several rakes.-Considerable Manoeuvers were made by both Vessels to rake and avoid being raked.

The following Minutes Were Taken during the Action

Had The Enemy Suffered the broadside to have raked him previously to strikeing, his additional loss must have been extremely great laying like a log upon the water, perfectly unmanageable, I could have continued rakeing him without being exposed to more than two of his Guns, (if even Them)

          After The Enemy had struck, wore Ship and reefed the Top Sails, hoisted out one of the only two remaining boats we had left out of 8 & sent Lieut [George] Parker 1st of the Constitution on board to take possession of her, which was done about 6. P.M, The Action continued from the commencement to the end of the Fire, 1 H 55 m our sails and Rigging were shot very much, and some of our spars injured-had 9 men Killed and 26 wounded. At 7 PM. The boat returned from the Prize with Lieut. [Henry D.] Chads the 1st of the enemies Frigate (which I then learnt was the Java rated 38 - had 49 Guns mounted--)-and Lieut Genl [Thomas] Hislop-appointed to Command in the East Indies,-Major Walker and Capt Wood, belonging to his Staff. -Capt [Henry] Lambert of the Java was too dangerously wounded to be removed immediately.

          The Cutter returned on board the Prize for Prisoners, and brought Capt [John] Marshall, Master & Commander of The British Navy, who was passenger on board, as also Several other Naval officers destined for ships in the East Indies. The Java had her whole number complete and nearly an hundred supernumeraries. The number she had on board at the commencement of the Action, The officers have not candour to say; from the different papers we collected, such as a muster book, Watch List and quarter Bills, she must have had upwards of 400 souls, she had one more man stationed at each of her Guns on both Decks than what we had The Enemy had 83 wounded & 57 Kill'd.

          The Java was an important ship fitted out in the compleatest manner to [carry out] the Lieut. Genl & dispatches. She had Copper &c. on board for a 74 building at Bombay, and, I suspect a great many other valuables, but every thing was blown up, except the officers baggage when we set her on fire on the 1st of January 1813 at 3 P.M. Nautical Time.

 

 Sir

          It is with deep regret that I write you for the information of the Lords Commissioners of the Admiralty that His Majesty's Ship Java is no more, after sustaining an action on the 29th Inst for several hours with the American Frigate Constitution which resulted in the Capture and ultimate destruction of His Majestys Ship. Captain Lambert being dangerously wounded in the height of the Action, the melancholy task of writing the detail devolves on me.

          On the morning of the 29th inst at 8 AM off St Salvador (Coast of Brazil) the wind at NE. we perceived a strange sail, made all sail in chace and soon made her out to be a large Frigate; at noon prepared for action the chace not answering our private Signals and backing towards us under easy sail; when about four miles distant she made a signal and immediately tacked and made all sail away upon the wind, we soon found we had the advantage of her in sailing and came up with her fast when she hoisted American Colours. she then bore about three Points on our lee bow at 1:50 PM the Enemy shortened Sail upon which we bore down upon her, at 2:10 when about half a mile distant she opened her fire giving us her larboard broad-side which was not returned till we we were close on her weather bow; both Ships now manoeuvered to obtain advantageous positions; our opponent evidently avoiding close action and firing high to disable our masts in which he succeeded too well having shot away the head of our bowsprit with the Jib boom and our running rigging so much cut as to prevent our preserving the weather gage At 3:5 finding the Enemys raking fire extreemly heavy Captain Lambert ordered the Ship to be laid on board, in which we should have succeeded had not our foremast been shot away at this moment, the remains of our bowsprit passing over his taffrail, shortly after this the main topmast went leaving the Ship totally unmanageable with most of our Starboard Guns rendered useless from the wreck laying over them At 3:30 our Gallant Captain received a dangerous wound in the breast and was carried below, from this time we could not fire more than two or three guns until 4:15 when our Mizen mast was shot away the Ship then fell off a little and brought many of our Starboard Guns to bear, the Enemy's rigging was so much cut that he could not now avoid shooting ahead which brought us fairly Broadside and Broadside. Our Main yard now went in the slings both ships continued engaged in this manner till 4:35 we frequently on fire in consequence of the wreck laying on the side engaged. Our opponent now made sail ahead out of Gun shot where he remained an hour repairing his damages leaving us an unmanageable wreck with only the mainmast left, and that toterring; Every exertion was made by us during his interval to place this Ship in a state to renew the action. We succeeded in clearing the wreck of our Masts from our Guns. a Sail was set on the stumps of the Foremast & Bowsprit the weather half of the Main Yard remaining aloft, the main tack was got forward in the hope of getting the Ship before the Wind, our helm being still perfect. the effort unfortunately proved ineffectual from the Main mast falling over the side from the heavy rolling of the Ship, which nearly covered the whole of our Starboard Guns. We still waited the attack of the Enemy, he now standing toward us for that purpose. on his coming nearly within hail of us & from his manouvre perceiving he intended a position a head where he could rake us without a possibility of our returning a shot. I then consulted the Officers who agreed with myself that on having a great part of our Crew killed & wounded our Bowsprit and three masts gone, several guns useless, we should not be justified in waisting the lives of more of those remaining whom I hope their Lordships & Country will think have bravely defended His Majestys Ship. Under these circumstances, however reluctantly at 5:50 our Colours were lowered from the Stump of the Mizen Mast and we were taken possession a little after 6. by the American Frigate Constitution commanded by Commodore Bainbridge who immediately after ascertaining the state of the Ship resolved on burning her which we had the satisfaction of seeing done as soon as the Wounded were removed. Annexed I send you a return of a killed and wounded and it is with pain I perceive it so numerous also a statement of the comparative force of the two Ships when I hope their Lordships will not think the British Flag tarnished although success has not attended us. It would be presumptive in me to speak of Captain Lamberts merit, who, though still in danger from his wound we still entertain the greatest hopes of his being restored to the service & his Country. It is most gratifying to my feelings to notice the general gallantry of every Officer, Seaman & Marine on board. in justice to the Officers I beg leave to mention them individually. I can never speak too highly of the able exertions of Lieuts. [William A.] Herringham & Buchanan and also Mr. [Batty] Robinson Master who was severely wounded and Lieuts Mercer and Davis [David Davies] of the Royal Marines the latter of whom was also severly wounded. To Capt Jno Marshall RN who was a passenger I am particular]y obliged to for his exertions and advice throughout the action. To Lieutt Aplin who was on the Main Deck and Lieutt Sanders who commanded on the Forecastle, I also return my thanks. I cannot but notice the good conduct of the Mates, & Midshipmen. many of whom are killed & the greater part wounded. To Mr T. C. [Thomas Cooke] Jones Surgeon and his Assistants every praise is due for their unwearied assiduity in the care of the wounded. Lieutt General [Thomas] Hislop, Major Walker and Captain [J. T.] Wood of his Staff the latter of whom was severly wounded were solicitous to assist & remain on the quarter Deck I cannot conclude this letter without expressing my grateful acknowledgement thus publicly for the generous treatment Captain Lambert and his Officers have experienced from our Gallant Enemy Commodore Bainbridge and his Officers. I have the honor to be [&c.]

To John Wilson Croker Esquire
Secretary
Admiralty.

PS. The Constitution has also suffered severly, both in her rigging and men having her Fore and Mizen masts, main topmast, both main topsailyards, Spanker boom, Gaff & trysail mast badly shot, and the greatest part of the standing rigging very much damaged with ten men killed. The Commodore, 5 Lieuts and 46 men wounded four of whom are since dead.

Source: British Public Record Office, Admiralty 1/5435.

Source: National Archives, Record Group 45, Captain's Letters, 1813, Vol.1, No.8 1/2.