"Whereas, from the consideration of the great importance of continuing a regular supply of flour and other dried provisions, to the allied armies in Spain and Portugal, it has been deemed expedient by His Majesty's Government that, notwithstanding the hostilities now existing between Great Britain and the United States, every degree of encouragement and protection should be given to American vessels laden with flour and other dry provisions, and bonâ fide bound to Spain or Portugal, and whereas, in furtherance of the views of His Majesty's Government, Herbert Sawyer, Esq., Vice Admiral and commander-in-chief on the Halifax station, has addressed to me a letter under the date of the 5th of August, 1812 (a copy whereof is hereunto annexed) wherein I am instructed to furnish a copy of his letter certified under my consular seal to every American vessel so laden and bound, destined to serve as a perfect safeguard and protection of such vessel in the prosecution of her voyage: Now, therefore, in obedience to these instructions, I have granted to the American ship ——, ——, Master," etc.
To this was appended the following letter of instructions from Admiral Sawyer:
"Whereas Mr. Andrew Allen, His Majesty's Consul at Boston, has recommended to me Mr. Robert Elwell, a merchant of that place, and well inclined toward the British Interest, who is desirous of sending provisions to Spain and Portugal for the use of the allied armies in the Peninsula, and whereas I think it fit and necessary that encouragement and protection should be afforded him in so doing,
"These are therefore to require and direct all captains and commanders of His Majesty's ships and vessels of war which may fall in with any American or other vessel bearing a neutral flag, laden with flour, bread, corn, and pease, or any other species of dry provisions, bound from America to Spain or Portugal, and having this protection on board, to suffer her to proceed without unnecessary obstruction or detention in her voyage, provided she shall appear to be steering a due course for those countries, and it being understood this is only to be in force for one voyage and within six months from the date hereof.
"Given under my hand and seal on board His Majesty's Ship 'Centurion,' at Halifax this fourth day of August, one thousand eight hundred and twelve.
"(Sig.) H. Sawyer, Vice Admiral."
This practice soon became perfectly known to the American Government, copies being found not only on board vessels stopped for carrying them, but in seaports. Nevertheless, it went on, apparently tolerated, or at least winked at; although, to say the least, the seamen thus employed in sustaining the enemies' armies were needed by the state.[519] When the commercial blockade of the Chesapeake was enforced in February, 1813, and Admiral Warren announced that licenses would no longer enable vessels to pass, flour in Baltimore fell two dollars a barrel. The blockade being then limited to the Chesapeake and Delaware, the immediate effect was to transfer this lucrative traffic further north, favoring that portion of the country which was considered, in the common parlance of the British official of that day, "well inclined towards British interests."
On October 13, two days after Rodgers and Decatur parted at sea, the United States sloop of war "Wasp," Captain Jacob Jones, left the Capes of the Delaware on a cruise, steering to the eastward. On the 16th, in a heavy gale of wind, she lost her jib-boom. At half-past eleven in the night of the 17th, being then in latitude 37° north, longitude 65° west, between four and five hundred miles east of the Chesapeake, in the track of vessels bound to Europe from the Gulf of Mexico, half a dozen large sail were seen passing. These were part of a convoy which had left the Bay of Honduras September 12, on their way to England, under guard of the British brig of war "Frolic," Captain Whinyates. Jones, unable in the dark to distinguish their force, took a position some miles to windward, whence he could still see and follow their motions. In the morning each saw the other, and Whinyates, properly concerned for his charges chiefly, directed them to proceed under all sail on their easterly course, while he allowed the "Frolic" to drop astern, at the same time hoisting Spanish colors to deceive the stranger; a ruse prompted by his having a few days before passed a Spanish fleet convoyed by a brig resembling his own.
It still blowing strong from the westward, with a heavy sea, Captain Jones, being to windward, and so having the choice of attacking, first put his ship under close-reefed topsails, and then stood down for the "Frolic," which hauled to the wind on the port tack—that is, with the wind on the left side—to await the enemy. The British brig was under the disadvantage of having lost her main-yard in the same gale that cost the American her jib-boom; she was therefore unable to set any square sail on the rearmost of her two masts. The sail called the boom mainsail in part remedied this, so far as enabling the brig to keep side to wind; but, being a low sail, it did not steady her as well as a square topsail would have done in the heavy sea running, a condition which makes accurate aim more difficult.
The action did not begin until the "Wasp" was within sixty yards of the "Frolic." Then the latter opened fire, which the American quickly returned; the two running side by side and gradually closing. The British crew fired much the more rapidly, a circumstance which their captain described as "superior fire;" in this reproducing the illusion under which Captain Dacres labored during the first part of his fight with the "Constitution." "The superior fire of our guns gave every reason to expect a speedy termination in our favor," wrote Whinyates in his official report. Dacres before his Court Martial asked of two witnesses, "Did you understand it was not my intention to board whilst the masts stood, in consequence of our superior fire and their great number of men?" That superior here meant quicker is established by the reply of one of these witnesses: "Our fire was a great deal quicker than the enemy's." Superiority of fire, however, consists not only in rapidity, but in hitting; and while with very big ships it may be possible to realize Nelson's maxim, that by getting close missing becomes impossible, it is not the same with smaller vessels in turbulent motion. It was thought on board the "Wasp" that the enemy fired thrice to her twice, but the direction of their shot was seen in its effects; the American losing within ten minutes her maintopmast with its yard, the mizzen-topgallant-mast, and spanker gaff. Within twenty minutes most of the running rigging was also shot away, so as to leave the ship largely unmanageable; but she had only five killed and five wounded. In other words, the enemy's shot flew high; and, while it did the damage mentioned, it inflicted no vital injury. The "Wasp," on the contrary, as evidently fired low; for the loss of the boom mainsail was the only serious harm received by the "Frolic's" motive power during the engagement, and when her masts fell, immediately after it, they went close to the deck. Her loss in men, fifteen killed and forty-three wounded, tells the same story of aiming low.