At this time France was not at war with England, although she secretly favored and aided the cause of the revolted colonies. The appearance of American cruisers in the narrow seas, however, gave rise to so many complaints, as to induce the French government, in preference to pushing matters to extremities, temporarily to sequester the vessels. The Lexington was included in this measure, having been detained in port more than two months; or, until security was given that she would quit the European seas. This was done, and the brig got to sea again on the 18th September, 1777.[3] It is probable that the recent difficulties had some effect on the amount of the military stores on board all three of the American vessels. At all events, it is certain that the Lexington sailed with a short supply of both powder and shot, particularly of the latter. The very next day she made an English cutter lying-to, which was approached with a confidence that could only have proceeded from a mistake as to her character. This cutter proved to be a man-of-war, called the Alert, commanded by Lieutenant, afterward Admiral Bazely, having a strong crew on board, and an armament of ten sixes. In the action that ensued, and which was particularly well fought on the part of the enemy, the Americans were, in a measure, taken by surprise. So little were the latter prepared for the conflict, that not a match was ready when the engagement commenced, and several broadsides were fired by discharging muskets at the vents of the guns. The firing killed the wind, and there being considerable sea on, the engagement became very protracted, during which the Lexington expended most of her ammunition. After a cannonading of two hours, believing his antagonist to be too much crippled to follow, and aware of his own inability to continue the action much longer, Capt. Johnston made sail, and left the cutter, under favor of a breeze that just then sprung up. The Lexington left the Alert rapidly at first, but the latter having bent new sails, and being the faster vessel, in the course of three or four hours succeeded in getting alongside again, and of renewing the engagement. This second struggle lasted an hour, the fighting being principally on one side. After the Lexington had thrown her last shot, had broken up and used all the iron that could be made available as substitutes, and had three of her officers and several of her men slain, besides many wounded, Capt. Johnston struck his colors. The first lieutenant, marine officer, and master of the Lexington were among the slain.