At the time of the action, Essex was accompanied by two smaller vessels, recently captured from the British and classified as sloops-of-war by Captain Porter.

Porter had sent the rest of his fleet to Valparaiso, Chile, to be sold while he and the remaining vessels patrolled for British whalers between Tumbes, Peru and the Galapagos.

[2][3][4] Because Porter had entered the Pacific with no more than 350 American servicemen under his command, when he took prizes he could only place small skeleton crews in most of his ships.

At the time, the majority of British ships cruising in the South Pacific were whalers sailing under letters of marque, legally permitting them to act as privateers should the opportunity arise.

[5] Captain Stavers, when asked to surrender his privateer's commission, revealed that though he had applied for a letter of marque, he had not yet received one, but that it was probably waiting for him in Lima.

[Note 2] Captain Porter announced that Stavers would be taken to the United States and be tried as a pirate, and ordered him and his crew to be put in irons.

They were given more freedom after some liberated American whalers told Porter that the British had treated them well during their time as prisoners aboard Seringapatam.

[7] Following the engagement, Captain Porter made for Nuku Hiva in the Marquesas where he built America's first base in the Pacific and repaired his ships.