Another interesting thing about this scenario is that it starts with an immediate crash avoidance maneuver. In modern times, if two sailing ships are heading directly towards each other, the ship on the starboard tack (wind blowing from the right side of the ship) has the right of way and maintains course. The ship on the port tack must give way. In this scenario, Constitution should give way. Playing chicken with sailing ships is not a winning strategy. Imagine crashing into each other head on at about 7 knots each. You would both go straight to the bottom. Whether or not that age old international rule of sailing applied to belligerents, who knows? But someone's got to give way.