Michael-Pierre Barreaut first attempted to seek haven by making for St. Eustatius, but to no avail, where L'Insurgente hauled wind and assumed a starboard tack. After being overtaken she hoisted American colors, at which time Constellation hoisted the private signals. Unable to respond appropriately, she gave up her attempt at disguise and Captain Barreaut ordered the French tri-colors hoisted and a gun fired to windward to signal the challenge where L'Insurgente boldly sat in wait to be engaged. This was the first time since the American Revolution that a shot had been fired from an enemy vessel at an American ship. Captain Thomas Truxtun gave the order to clear the deck of Constellation for action and the boatswain sounded the whistle. Both ships bore up to take positions to engage. Constellation fired the first broadside, double-shotted, inflicting much damage to the French vessel's hull and killing many in the first minute of the engagement. L'Insurgente responded and fired a broadside, inflicting much damage to Constellations rigging and top foremast, which was almost cut off. At 3:30 pm after an hour and a half of running battle and several raking broadsides from Constellation, L'Insurgente struck her colors. First Lieutenant John Rodgers, Midshipman David Porter along with eleven men were put on board the captured vessel to take possession and to secure the prisoners who were sent to the lower hold. She had lost 70 men from a crew of 409, while Constellation, badly damaged also, only lost three out of a complement of 309. This was the first post-Revolutionary War American victory against a foreign naval vessel. There were no handcuffs to be found and the prisoners seem disposed to rebel. Accordingly, Rodgers placed sentries at the hatch, armed with blunderbusses and under orders to open fire should the prisoners attempt to breach the hatch way. Service in US Navy The US Navy considered Insurgent a prize in the Quasi-War with France. The frigate was taken to the West Indies and refitted for service in the young American navy. She cruised under Lt. John Rodgers in company with Constellation until May 1799. Ordered back to the United States, Insurgent was purchased by the Navy for $84,500. Commissioned with Captain Alexander Murray in command, Insurgent sailed from Hampton Roads for Europe on 14 August 1799. Cruising in European waters during the winter of 1799–1800, the frigate captured the French ship Vendémiaire and