Bainbridge by his rank was entitled to a choice of the few frigates the country then owned, and he would undoubtedly have chosen the glorious "Old Ironsides" upon which to hoist his flag. But Hull[4] had got her already, and, apprehending that orders might come detaching him, he put to sea in a hurry, and before he returned, had captured the Guerrière frigate. Bainbridge got the Constellation, the fine frigate in which Commodore Truxtun had fought two French frigates. He was not able, however, to get to sea in her; and when Hull returned from his victorious cruise, in August, 1812, he gave up the Constitution to Bainbridge, who hoisted a broad pennant on her. The Essex, thirty-two guns, commanded by Captain Porter, who afterward made his celebrated cruise in her to the Pacific, and the Hornet, of eighteen guns, under the gallant Lawrence,[5] with the Constitution, were ordered to join Bainbridge. Porter was Bainbridge's old lieutenant in the Philadelphia, and had shared his captivity at Tripoli. Events, however, so fell out that the Essex did not join the other two ships, and Bainbridge sailed in October, 1812, for the South Atlantic accompanied only by the Hornet. The Constitution was in need of repairs, and not sailing in her usual great form, but could still sail fairly well on a wind. She had some of the officers and all of the crew in her that had got her out of the clutches of Admiral Broke's squadron in June, and had taken the Guerrière in August. Therefore it was with great confidence that Commodore Bainbridge on the morning of the 29th of December, 1812, made for a British frigate which showed an equal inclination to close with him. This vessel, the Java, which carried forty-nine guns, was undoubtedly a lighter ship than the Constitution. Yet the British were in the habit of engaging such odds successfully with the warships of other nations, and Captain Lambert of the Java showed a stern determination to stand by his colors, and was as far from declining the fight when he saw his adversary's power as when she was still hull down in the distance.
The Java was fitted out to carry Lieutenant-General Hislop and a large staff to Bombay, besides a number of naval officers and seamen for ships on the East India stations. She had about four hundred and twenty-five men on board.