Surveillante entered service as a 40-gun of the French Navy. She was surrendered to the British in 1803, after which she served in the Royal Navy, classed under the British system as a 38-gun vessel, until 1814 when she was decommissioned. HMS Surveillante had a long and active career under two successful and distinguished commanders, from the Baltic to the northwestern coasts of France, Spain and Portugal, and was present at the Battle of Copenhagen (1807) and throughout the Peninsula War. Her record as a taker of prizes is notable for its success, particularly towards the end of her career.
1803 - British capture
Surveillante was present at Saint Domingue (Haiti) in November 1803 during the revolt of slaves against the French, and was trapped by the British blockade of Saint-Domingue. The French naval commander who was also Surveillantes captain, Henry Barre, prevailed upon British Commodore John Loring's representative, Captain John Bligh, to accept the capitulation of Surveillante, in order to put her, as well as her crew and passengers, under British protection. The former slaves threatened to fire red hot shot at the ship from the overlooking forts.
The British naval Commander-in-Chief of the Jamaica station Admiral Sir John Duckworth, accepted the French commander General Rochambeau, his staff and entourage, as prisoners. Duckworth wrote "From General Rochambeau's extraordinary conduct in the public service, neither Captain Bligh or myself have any thing to say to him further than complying with his wishes in allowing him to remain on board the Surveillante until her arrival at Jamaica." Another French frigate, , suffered the loss of her rudder and was temporarily beached, although she was re-floated and taken as a prize. Consequently, both frigates were brought into the Royal Navy as HMS Surveillante and HMS Clorinde. Surveillante, newly built, was bought into the service quickly; the first recorded Navy Pay Office Ships' Pay Books from the Navy Board commenced from 11 July 1804.
Prize-taking
On 9 January 1805, Surveillante, Captain John Bligh commanding, in company with , Edward Hawker commanding, captured the Spanish ship El Batidor. On 9 July, Surveillante in company with and captured several merchant vessels laden with sugar. On 7 December, Surveillante, accompanied by , Lieutenant John Rorie commanding, captured the merchant ship Cleopatra. On 5 July 1806, Surveillante, accompanied by the British vessels Fortunée, Echo, and , captured Spanish ship La Josepha, laden with quicksilver.
1807 - 1813: Captain Collier
1807
Captain George Collier took command of Surveillante on 22 April 1807 and took part in the Second Battle of Copenhagen that began late in August. She was present at the detention of numerous Danish merchant vessels that were taken as prizes, the proceeds of which were shared by the fleet. The Danish merchant ships shared by Surveillante were Hans and Jacob taken 17 August 1807; Die Twee Gebfoders, taken 21 August 1807; Sally taken 22 August; Speculation detained 23 August; Fama detained on 26 August; Aurora, Paulina and Ceres taken 30 and 31 August; and Odifiord and Benedicta, taken 4 and 12 September 1807. Admiral James Gambier sent Surveillante back to England entrusted with dispatches, explaining the outcome of the battle and the subsequent Danish surrender. Gambier signed his dispatch on 7 September on board flagship ; Surveillante sailed directly from the Copenhagen Road to London, where Collier delivered the dispatch to the Admiralty Office in person on 16 September 1807.
Following Russia's declaration of war against Great Britain in 1807 following the Treaty of Tilsit between Napoleon and Alexander I of Russia, the British government issued an embargo against all Russian ships then found in British ports. Surveillante was one of 70 British vessels present at Portsmouth, at the detaining of the 44-gun frigate Speshnoy (Speshnyy) and Wilhelmina (Vilgemina), which were carrying the payroll for Vice-Admiral Dmitry Senyavin's squadron in the Mediterranean.