In the winter preceding the declaration of war, he considered that event as inevitable. To continue therefore in the merchant service would be sharing the dangers without the honours of warfare to privateering he would not willingly descend. The. regular service appeared to him the only proper occupation for one who disliked inglorious ease-the field where his courage and nautical skill would find their reward. Captain Huil, learning his views on this subject, invited him to take the station of sailing master on board the Constitution, with an assurance that his exertions should not be wanting to procure him a lieutenancy as soon as practicable. Of this invitation he willingly availed himself, repaired to Washington to join the frigate, and on the 24th April, 1812, received his warrant as sailing master in the navy of the United States.

In the early part of July the Constitution sailed from Annapolis, and on the 18th, in the neighbourhood of Cape May, ran a hair breadth escape of capture in that sixty hours' chase, which will not be ranked among the least brilliant efforts of our infant navy. Mr. Aylwin availed himself of his station to make known his seamanship, and much of the merit of the management of the Constitution on that occasion was due to him. In a letter, at this time, to an intimate friend, which predicted the eventual success of our navy, he remarks, "I feel all possible conviction, and I can well judge, from having been in the British navy, that they have not a single frigate of equal force with the Constitution, but what must, if we fall in with her and go fairly at it, strike her colours. Thank God, in this chase, we had no occasion to be brought to the test: but there was not a countenance on board that displayed any thing like yielding without an heroic struggle. There seemed to be a solemn gloom in each visage, as if sensible of such a too early misfortune, yet combined with a cast of desperate resolution. It is not seldom that I have examined the human face in the hour of battle; and I never before saw a truer stamp of courage than was then to be found in every sailor's countenance."

The Constitution having arrived in safety at Boston, was there fully equipped, and departed on her first cruise which terminated in the destruction of the Guerriere.

Doubts were entertained at the commencement of the war, by many people, and, it is believed, by some of our naval commanders, whether an English thirty-eight gun frigate would not be an overmatch for any of our frigates. Personal examination enabled Mr. Aylwin to form a truer estimate of the result of such a contest; and his opinion was hardly thought a serious one by his brother officers. It was therefore with much satisfaction that he found his predictions verified in the capture of the Guerriere. In another letter to his friend, he says, "On the 19th August we fortunately fell in with the Guerriere. I say fortunately, for I would not have missed the chance-no! not for the richest prize that ever floated. It has given our officers and men the only thing hitherto wanting confidence in themselves. Fifteen minutes of close cannonading completely rendered her our's; this was a little sooner, to be sure, than my anticipation; but it astonished all."

In this engagement he received a slight wound from a musket ball and the style in which he brought the Constitution into action, and manoeuvred her throughout the battle, procured for him the applause of Captain Hull and all on board. On their return to port he was appointed an acting lieutenant; this being the second instance in our navy of promotion from the grade of sailing

master.

The Constitution having been refitted, set sail from Boston, under the command of Commodore Bainbridge, in company with the Hornet, on the 26th October, 1812. During this cruise Mr. Aylwin was junior lieutenant, and evinced an exemplary attention to his duty-acquired the love of the seamen and the respect of his brother officers.

In the memorable action with the Java Lieut. Aylwin received that wound which terminated his life, and deprived the navy of the services of a valuable officer. A musket ball or grape shot struck him just under the collar bone, within an inch of his former wound, and passed through the shoulder blade. The wound was not perceived by any one, nor did he make mention of it himself, until all the men had been dressed. He went below then, and observed to the surgeon that he believed he had received a slight scratch: upon examination the doctor was surprised to find that the wound had assumed a gangrenous appearance. The next

day it had a more favourable aspect, and strong hopes were entertained that, with sedulous attention, and remaining quiet in his state room, he would recover. A few days however put an end to these hopes, for on a strange sail heaving in sight, and all hands being beat to quarters, he repaired to his station, unknown to the surgeon, and there remained for two hours exposed to a meridian sun. This ardour in the performance of duty unquestionably aggravated his wound; and it was not long before he was aware that his life could not be preserved. During three weeks that he lingered, he occupied his mind with a preparation for his dissolution. The surgeon, fearful that this attention to his affairs would add to those pains already become excessive, entreated him to suffer his mind to be tranquil. His reply, perfectly characteristic, was, "Doctor, I have looked death too often in the face to be afraid of him now."

As he lived without fear so he died without reproach.

..Lieut. Aylwin was, in size, rather under the middle stature ; possessed an open countenance, marked with strong features, which had the appearance of being much weatherbeaten. He was distinguished as a scientific navigator, and, in every respect, a practical seaman. His mind had been formed in the school of adversity, and possessed a deep, thoughtful cast. More skilled in the contemplation of men than books, his attainments, however, were considerable in other branches of knowledge than those belonging to his profession. Of his coolness and intrepidity it would be needless to speak farther.

"He pour'd his latest blood in manly fight,
"And fell a hero in his country's right."

Having been a victim to the practice of impressment, Lieut. Aylwin had strong sensibilities on the subject; and his enlarged philanthropy was excited by the hope that the present war would lessen, if not terminate, the misery occasioned by what he conceived to be a needless and most detestable subjugation of our species. In his last moments it was his frequent ejaculation, in reference to this subject, "I thank God I am dying in so glo rious a cause."

A circumstance, in connexion with this memoir, we cannot refrain from touching upon. It has been the practice of most of our na val commanders to avoid, in their official letters, particular commendations of their officers, through a fear of exciting jealousies. This conduct, unquestionably, has the effect intended; but its consequences to the service are injurious in the highest degree, as it damps the ardour of heroism, and deprives merit of its due reward. By some oversight, the name of Lieut. Aylwin does not appear in Commodore Bainbridge's official account of the action. This may be partly excused, as the despatch was made at St. Salvador, at a time when Lieut. Aylwin was supposed to be out of danger. But it is much better atoned for by this tribute to his memory from the pen of his commander.*

"Died on board the United States' frigate Constitution, at sea, the 28th of January last, of wounds received in the action with the Java, Lieut. John Cushing Aylwin, of the United States navy. He entered the service about the time war was declared, as a sailing master, and was promoted to a lieutenancy for his gallant conduct in the action with the Guerriere. He was an officer of great merit, much esteemed by all who had the pleasure of his acquaintance. He had seen much of the world, and improved his oppor tunities of observation; possessed a strong mind, with great benevolence of disposition. In his death, our country has suffered a great loss-his friends a painful deprivation.

"In the action with the Guerriere, he stood on an elevated situation by the side of his brave comrades, Morris and Bush, at the time the two vessels came in contact, and was wounded in the left shoulder with a musket ball.

"In the late action he commanded the forecastle division, and his bravery and marked coolness throughout the contest, gained him the admiration of his commander, and all who had an opportunity of witnessing him.

"When boarders were called to repel boarders, he mounted the quarter deck hammock cloths, and, in the act of firing his pistols at the enemy, received a ball through the same shoulder. Notwithstanding the serious nature of his wound, he continued at his post until the enemy had struck; and even then did not make

"See Port Folio, for April, 1815.

His

known his situation' until all the wounded had been dressed. zeal and courage did not forsake him in his last moments: for, a few days after the action, although labouring under considerable debility, and the most excruciating pain, he repaired to quarters when an engagement was expected with a ship, which afterwards proved to be the Hornet. He bore his pain with great and unùsual fortitude, and expired without a groan,

"A dauntless soul erect, who smil'd on death.”