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Rh , a three-decker, in the most spirited manner, and fairly beat her out of the enemy’s line.

The Audacious received so much damage in this unequal conflict, as to be under the necessity of returning to port to refit; and was thereby prevented sharing in the glorious triumph obtained over the enemy on the 1st of the following month. Lieutenant Bingham, however, whose good conduct in the foregoing gallant affair had been duly represented to the Admiralty, was soon after advanced to the rank of Commander, and appointed to the Cormorant sloop, in which vessel he proceeded to the Jamaica station, where he captured l’Alerte, of 14 guns, and several other armed vessels. His post commission bears date April 20, 1796.

In the ensuing autumn, Captain Bingham, after commanding for a short time the Hannibal and Sampson, ships of the line, and Jamaica of 26 guns, was removed into the Leviathan, 74, bearing the broad pendant of his friend Commodore Duckworth; with whom he continued until an eighth attack of the yellow fever obliged him to invalid, and return to England in a packet.

Captain Bingham’s next appointment was in 1798, to the Prince George, a second rate, bearing the flag of Sir William Parker, on the coast of Spain. He afterwards accompanied that officer, in the America, of 64 guns, to Halifax, and from thence proceeded to the West Indies.

On the 13th Dec. 1800, the America struck upon the Formigas rocks, and received so much damage as to render her unfit for any other service than that of a prison-ship, into which she was subsequently converted.

On the 27th of the same month, a court-martial, assembled in Port Royal harbour to try Captain Bingham for getting his ship on the Formigas, delivered the following sentence:–

“The Court is of opinion, that the sole cause of the above accident is the great errors in the charts on board the ship, particularly a French chart of 1787, and that published by Hamilton Moore in the year 1784.

“And it appears to the Court, that Captain Bingham was proceeding perfectly consistent with the order produced, and under which he was acting; and that the courses steered were such as would have, taken the America a considerable way to the northward of the Formigas, had that shoal been situated nearly as laid down in the charts above mentioned.

“And the Court is of opinion, that no blame is to be attached to Captain