After her capture she served in the United States Navy as USS Insurgent, patrolling the waters in the West Indies.

"Insurgente" was transporting General Desfourneaux from France, via Cayenne, French Guiana, to Guadalupe to replace Victor Hugues as Governor.

[9] On 9 February 1799, after being at sea for three days, USS Constellation spotted L'Insurgente approximately six leagues (29 km) northeast off Nevis.

L'Insurgente, a fully-rigged frigate, was considered one of the fastest sailing vessels in the world at the time; three weeks earlier she had encountered Constellation but was able to outrun her and escape.

[10] Shortly after being spotted by Constellation this second time the ships encountered a squall during which a violent gust of wind snapped L'Insurgente's main topmast, impairing her speed.

As Constellation approached, Captain Michael-Pierre Barreaut first attempted to seek haven by making for St. Eustatius, but to no avail, where L'Insurgente hauled wind and assumed a starboard tack.

Unable to respond appropriately, she gave up her attempt at disguise and Captain Barreaut ordered the French tri-colors hoisted and a gun fired to windward to signal the challenge where L'Insurgente boldly sat in wait to be engaged.

Captain Thomas Truxtun gave the order to clear the deck of Constellation for action and the boatswain sounded the whistle.

Constellation fired the first broadside, double-shotted, inflicting much damage to the French vessel's hull and killing many in the first minute of the engagement.

[11] At 3:30 pm after an hour and a half of running battle and several raking broadsides from Constellation, L'Insurgente struck her colors.

First Lieutenant John Rodgers, Midshipman David Porter along with eleven men were put on board the captured vessel to take possession and to secure the prisoners who were sent to the lower hold.

Commissioned with Captain Alexander Murray in command, Insurgent sailed from Hampton Roads for Europe and the Caribbean on 14 August 1799.