He served as a lieutenant aboard Bonhomme Richard under John Paul Jones who at the time was commander of Deane, which was used to capture three British sloops-of-war.
However the repeated threats from France and the Barbary states of North Africa had given cause to now consider resorting to more forceful measures to procure the security of American shipping interests.
The vessel was designed by Joshua Humphreys, and built at Hartt's Shipyard in Boston, Massachusetts, under the supervision of master shipwright George Claghorn.
A month later she was patrolling between Chesapeake Bay and Savannah, Georgia, when Nicholson found his first opportunity for capturing a prize: off the coast of Charleston, South Carolina, on 8 September, she intercepted Niger, a 24-gun ship sailing with a French crew en route from Jamaica to Philadelphia, claiming to have been under the orders of Great Britain.
Constitution sailed south again a week later to escort a merchant convoy, but her bowsprit was severely damaged in a gale; she returned to Boston for repairs.
In the meantime, Secretary of the Navy Benjamin Stoddert determined that Niger had been operating under the orders of Great Britain as claimed, and the ship and her crew were released to continue their voyage.
[15][16] After departing from Boston on 29 December, Nicholson reported to Commodore John Barry, who was flying his flag in United States, near the island of Dominica for patrols in the West Indies.
[17][18] Upon joining Barry's command, Constitution almost immediately had to put in for repairs to her rigging due to storm damage, and it was not until 1 March that anything of note occurred.