A short time made it plain that the “Walsingham” was the inferior sailer, and that the other vessel was overhauling her fast, keeping her wind until she got upon the Packet’s quarter, about two miles away, when she fired a gun, and hoisted a blue English ensign. This was a favourite trick with Privateers, the only object being to gain time and the choice of positions; but Mr. Nicholls had not sailed those waters from his boyhood without having learnt to distinguish the lines and rig of an American ship from an English one, and he calmly proceeded with his preparations, paying not the smallest attention to the blue ensign.

Seeing this, the enemy set her main-topsail and squaresail, let three reefs out of her fore-topsail, and bore up in chase. When she had gained a little more ground, Mr. Nicholls, who was busily engaged in getting the 9–pounder guns aft, suspended his labours for a few minutes in order to see the private signal properly made. It was kept up ten minutes, but no reply appeared. By that time the enemy was coming up very fast. Mr. Nicholls took in his studding sails and awaited the approach of the Privateer.

He had not long to wait. The enemy was scarcely more than a mile away. The Cornishmen could see her decks completely covered with men; while from her sides projected twelve guns of unusual length, which Mr. Nicholls subsequently concluded to have been long 9–pounders.

The Privateersmen gave three cheers as they came into action, but reserved their fire; and from the circumstance that a large party of men was collected on the forecastle, Mr. Nicholls judged that the Americans intended to board at the very outset, and so, by their superior numbers, finish the action at one blow. He therefore began to play upon the advancing vessel with his stern chasers, in the hope of checking her onset; but though the range was already so short that the fire of the Cornish gunners must have done some execution among the dense masses of men on their adversary’s decks, yet the Privateer did not alter her course, but kept on with a deadly persistency until considerably within musket shot, when, yawing suddenly, she poured in a raking broadside of round and grape from her starboard guns, accompanied by a rattling musketry fire.

By this impetuous assault the Americans had doubtless hoped to disable the “Walsingham,” or, at least, in the confusion, to gain an opportunity of boarding. But the event was otherwise. There was no confusion, and very little damage; whilst on the other hand, the onrush of the Privateer brought her within pistol shot of the Packet’s larboard guns.

This was an effective distance. The guns were crammed to the muzzles with double-headed shot, grape, and canister; and a well-directed fire swept over the enemy’s decks, doing mischief enough to discourage his inclination to close with the “Walsingham,” and to cause him to sheer off to a safer distance.

The Cornishmen, inspirited by their advantage, served their guns eagerly; and for about half-an-hour the action went on very warmly, both vessels receiving much damage, while five men on board the Packet were wounded by musket balls. Mr. Nicholls, however, had the satisfaction of seeing that the fire from the Privateer was gradually lessening; and he thereupon called on his men to redouble their efforts. All the guns in action were double-shotted by his orders, most carefully levelled at the rigging of the enemy, and discharged simultaneously. As soon as the smoke cleared away it was seen that their broadside had been splendidly successful, for it had brought down the enemy’s maingaff, cut his foresail through in the after leach, shot away his squaresail, and rendered his fore-topsail nearly useless.

The Falmouth men, seeing prize money before their eyes, attempted to close. But every brace on board had been shot away, and before the “Walsingham” could be got under management, the Americans had succeeded in reeving main halliards, got their mainsail up, and were sailing away from the Packet at such a speed that pursuit was useless. Mr. Nicholls and his crew were disappointed at the loss of a vessel which they believed they could have captured with ease.

In the early summer of 1814 the hired Packet, “Little Catherine,” Captain Vivian, was captured by a French frigate, “Le Sultan.” The Packet was scuttled, her officers and crew were taken on board the frigate. There they remained, as Captain Vivian himself used to tell the story, amused spectators of the unsailorly conduct of the French crew, who were, in fact, not seamen at all, but landsmen swept together, in the course of Napoleon’s desperate efforts to create a powerful fleet, from every fortress in the country. The captain was a brave old officer, recalled from a long and honourable retirement by the necessities of the moment, and age had largely unfitted him for command. Upon the vessel thus manned a furious storm broke. The landsmen could do nothing with the ship. Half of them lay about in the scuppers, sea-sick and helpless; the rest were as incompetent as untrained men must be at sea.

In this emergency the French commander appealed to Captain Vivian, asking him to undertake with his own men the navigation of the ship, on the pledge of handing her back when the weather moderated. This offer Captain Vivian accepted, and kept most honourably; restraining his men when they pressed him almost to mutiny for permission to overpower their sea-sick enemies; and in the end handing back the vessel as he had received her. It had been part of the understanding that in exchange for his services he was to have the first prize captured by the French frigate. This happened to be the Packet “Duke of Montrose,” which was accordingly handed over to Captain Vivian, who embarked in her with all his crew, and returned safely to Falmouth. It is pleasant to dwell on the honourable temper in which this understanding was kept on both sides.