Finally the ships separated, the Java's bowsprit passing over the taffrail of the Constitution; the latter at once kept away to avoid being raked. The ships again got nearly abreast, but the Constitution, in her turn, forereached; whereupon Commodore Bainbridge wore, passed his antagonist, luffed up under his quarter, raked him with the starboard guns, then wore, and recommenced the action with his port broadside at about 3.10. Again the vessels were abreast, and the action went on as furiously as ever. The wreck of the top hamper on the Java lay over her starboard side, so that every discharge of her guns set her on fire, 132 and in a few minutes her able and gallant commander was mortally wounded by a ball fired by one of the American main-top-men. 133 The command then devolved on the first lieutenant, Chads, himself painfully wounded. The slaughter had been terrible, yet the British fought on with stubborn resolution, cheering lustily. But success was now hopeless, for nothing could stand against the cool precision of the Yankee fire. The stump of the Java's foremast was carried away by a double-headed shot, the mizzen-mast fell, the gaff and spanker boom were shot away, also the main-yard, and finally the ensign was cut down by a shot, and all her guns absolutely silenced; when at 4.05 the Constitution, thinking her adversary had struck, 134 ceased firing, hauled aboard her racks, and passed across her adversary's bows to windward, with her top-sails, jib, and spanker set. A few minutes afterward the Java's main-mast fell, leaving her a sheer hulk. The Constitution assumed a weatherly position, and spent an hour in repairing damages and securing her masts; then she wore and stood toward her enemy, whose flag was again flying, but only for bravado, for as soon as the Constitution stood across her forefoot she struck. At 5.25 she was taken possession of by Lieutenant Parker, 1st of the Constitution, in one of the latter's only two remaining boats.
The American ship had suffered comparatively little. But a few round shot had struck her hull, one of which carried away the wheel; one 18-pounder went through the mizzen-mast; the fore-mast, main-top-mast, and a few other spars were slightly wounded, and the running rigging and shrouds were a good deal cut; but in an hour she was again in good fighting trim. Her loss amounted to 8 seamen and 1 marine killed; the 5th lieutenant, John C. Alwyn, and 2 seamen, mortally, Commodore Bainbridge and 12 seamen, severely, and 7 seamen and 2 marines, slightly wounded; in all 12 killed and mortally wounded, and 22 wounded severely and slightly. 135
"The Java sustained unequalled injuries beyond the Constitution," says the British account. 136 These have already been given in detail; she was a riddled and entirely dismasted hulk. Her loss (for discussion of which see farther on) was 48 killed (including Captain Henry Lambert, who died soon after the close of the action, and five midshipmen), and 102 wounded, among them Lieutenant Henry Ducie Chads, Lieutenant of Marines David Davies, Commander John Marshall, Lieut. James Saunders, the boatswain. James Humble, master, Batty Robinson, and four midshipmen.
In this action both ships displayed equal gallantry and seamanship. "The Java," says Commodore Bainbridge, "was exceedingly well handled and bravely fought. Poor Captain Lambert was a distinguished and gallant officer, and a most worthy man, whose death I sincerely regret." The manoeuvring on both sides was excellent; Captain Lambert used the advantage which his ship possessed in her superior speed most skilfully, always endeavoring to run across his adversary's bows and rake him when he had forereached, and it was only owing to the equal skill which his antagonist displayed that he was foiled, the length of the combat being due to the number of evolutions. The great superiority of the Americans was in their gunnery. The fire of the Java was both less rapid and less well directed than that of her antagonist; the difference of force against her was not heavy, being about as ten is to nine, and was by no means enough to account for the almost fivefold greater loss she suffered.
The foregoing is a diagram of the battle. It differs from both of the official accounts, as these conflict greatly both as to time and as regards some of the evolutions. I generally take the mean in cases of difference; for example, Commodore Bainbridge's report makes the fight endure but 1 hour and 55 minutes, Lieutenant Chads' 2 hours and 25 minutes: I have made it 2 hours and 10 minutes, etc., etc.
The tonnage and weight of metal of the combatants have already been stated; I will give the complements shortly. The following is the
In hardly another action the war do the accounts of the respective forces differ so widely; the official British letter makes their total of men at the beginning of the action 377, of whom Commodore Bainbridge officially reports that he paroled 378! The British state their loss in killed and mortally wounded at 24; Commodore Bainbridge reports that the dead alone amounted to nearly 60! Usually I have taken each commander's account of his own force and loss, and I should do so now if it were not that the British accounts differ among themselves, and whenever they relate to the Americans, are flatly contradicted by the affidavits of the latter's officers. The British first handicap themselves by the statement that the surgeon of the Constitution was an Irishman and lately an assistant surgeon in the British navy ("Naval Chronicle," xxix, 452); which draws from Surgeon Amos A. Evans a solemn statement in the Boston Gazette that he was born in Maryland and was never in the British navy in his life. Then Surgeon Jones of the Java, in his official report, after giving his own killed and mortally wounded at 24, says that the Americans lost in all about 60, and that 4 of their amputations perished under his own eyes; whereupon Surgeon Evans makes the statement (Niles' Register, vi, p. 35), backed up by affidavits of his brother officers, that in all he had but five amputations, of whom only one died, and that one, a month after Surgeon Jones had left the ship. To meet the assertions of Lieutenant Chads that he began action with but 377 men, the Constitution's officers produced the Java's muster-roll, dated Nov. 17th, or five days after she had sailed, which showed 446 persons, of whom 20 had been put on board a prize. The presence of this large number of supernumeraries on board is explained by the fact that the Java was carrying out Lieutenant-General Hislop, the newly-appointed Governor of Bombay, and his suite, together with part of the crews for the Cornwallis, 74, and gun-sloops Chameleon and Icarus; she also contained stores for those two ships.
Besides conflicting with the American reports, the British statements contradict one another. The official published report gives but two midshipmen as killed; while one of the volumes of the "Naval Chronicle" (vol. xxix, p. 452) contains a letter from one of the Java's lieutenants, in which he states that there were five. Finally, Commodore Bainbridge found on board the Constitution, after the prisoners had left, a letter from Lieutenant H. D. Cornick, dated Jan. 1, 1813, and addressed to Lieutenant Peter V. Wood, 22d Regiment, foot, in which he states that 65 of their men were killed. James ("Naval Occurrences") gets around this by stating that it was probably a forgery; but, aside from the improbability of Commodore Bainbridge being a forger, this could not be so, for nothing would have been easier than for the British lieutenant to have denied having written it, which he never did. On the other hand, it would be very likely that in the heat