Assuming the rules allow it -- IIRC, _WS&IM_ among others strictly prohibits the British using chainshot.
Which really is a bit daft as british ships did use it. I suspect this was done to promote the "Brits shoot at the hull, French shoot at the rigging" idea.

And in most decent seas, a US frigate could outsail just about anything
The 44s most likely yes, the 38s , not so sure. But there are several accounts of SoLs getting the drop on frigates in higher sea states, at least enough to give the smaller ships a really good scare. And SoLs could maintain a higher press of canvas in higher winds than their smaller brethren. Not that dissimilar to more modern encounters, where smaller ships find higher sea states problematic, have increased issues in managing weapon systems and reduce speed