Constitution departed Boston on 29 December. Nicholson reported to Commodore John Barry, who was flying his flag in United States near the island of Dominica for patrols in the West Indies. On 15 January 1799, Constitution intercepted the English merchantman Spencer, which had been taken prize by the French frigate L'Insurgente a few days prior. Technically, Spencer was a French ship operated by a French prize crew; but Nicholson released the ship and her crew the next morning, perhaps hesitant after the affair with Niger. Upon joining Barry's command, Constitution almost immediately had to put in for repairs to her rigging due to storm damage, and it was not until 1 March that anything of note occurred. On this date, she encountered HMS Santa Margarita, whose captain was an acquaintance of Nicholson's. The two agreed to a sailing duel, which the English captain was confident he would win. But after 11 hours of sailing, Santa Margarita lowered her sails and admitted defeat, paying off the bet with a cask of wine to Nicholson. Resuming her patrols, Constitution managed to recapture the American sloop Neutrality on 27 March and, a few days later, the French ship Carteret. Secretary Stoddert had other plans, however, and recalled Constitution to Boston. She arrived there on 14 May, and Nicholson was relieved of command.
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