1812     CHASE OF THE CONSTITUTION     91

Sawyer despatched the 18-gun brig-sloop Colibri, Captain John Thompson, as a flag of truce to New-York, to obtain an explanation of the matter. On the 9th of July the Colibri anchored off Sandy-Hook, and on the 12th weighed and sailed on her return ; having on board, besides a copy of the declaration of war, the British ambassador, Mr. Foster, and consul, Colonel Barclay. On the day previous to the arrival of the Colibri at Sandy-Hook, the British 4-gun schooner Whiting, Lieutenant Lewis Maxey, from Plymouth, with despatches for the American government, arrived in Hampton roads, ignorant of the war. As Lieutenant Maxey was proceeding on shore in his boat, the American privateer-schooner Dash, Captain Garroway, bound on a cruise, got possession of him, and then ran alongside the Whiting ; and, having upwards of 80 men in crew, captured her, without opposition. The despatches had previously been sunk. The Whiting was only 75 tons, and mounted four carronades, 12-pounders, with a complement of 18 men and boys. Of these, a third were absent in the boat ; and those in the schooner had not the least suspicion of being in an enemy's waters. The Dash mounted one heavy long gun upon a pivot carriage. This, and a suppression of the principal circumstances, enabled the American writers to state, with some degree of exultation, " The British schooner mounts four guns, the Dash only one." The Whiting was afterwards restored, but was captured on her way to England by the French privateer brig Diligent.

On the 17th the Colibri returned to Halifax ; but, having in the mean time received positive intelligence that the United States had declared war, Rear-admiral Sawyer had, since the 5th, despatched to cruise off the American coast, under the orders of Captain Broke, all the effective ships which were then in the harbour, consisting of the Shannon and Belvidera, the 64-gun ship Africa, Captain John Bastard, and the 18-pounder 32-gun frigate Æolus, Captain Lord James Townsend. On the 9th, in latitude 41°, longitude 66° or nearly abreast of Nantucket island, the squadron was joined by the 38-gun frigate Guerrière, Captain James Richard Dacres, then on her way to Halifax to refit.

When it is known, that the Guerrière had nearly expended, not only her water and provisions, but her boatswain's and carpenter's stores ; that her gunner's stores were also deficient ; that what remained of her powder, from damp and long keeping, was greatly reduced in strength ; that her bowsprit was badly sprung, her mainmast, from having been struck by lightning, in a tottering state, and her hull, from age and length of service, scarcely seaworthy, no one will deny that this rencounter with a squadron, the commodore of which had orders to supply her with three months' provisions and take her under his command,

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