With the outbreak of the
Napoleonic Wars in 1803 Elphinstone returned to active service, commanding the 40-gun
HMS Egyptienne from April that year. While Fleeming was in command the
Egyptienne took the 16-gun
Epervier on 27 July, and the 14-gun privateer
Chiffonette on 30 August 1803. The two met at the appointed time, but were reconciled by their seconds, and did not fight. The two were not fully reconciled as friends though until some years later.
Egyptienne did not participate in the fighting herself, but while reconnoitring in advance of the fleet she captured a Danish merchant brig. After the battle she took the disabled Spanish 74-gun
Firme into tow. After the battle, Admiral
Robert Calder requested a court-martial to review his decision not to pursue the enemy fleet after the engagement. Fleeming was one of the witnesses. The court martial ruled that Calder's failure to pursue was an error of judgement, not a manifestation of cowardice, and severely reprimanded him. On 2 October
Egyptienne captured the French
brig-sloop Acteon, under Capitaine de Frégate Depoge, off
Rochefort. She was armed with 16 6-pounder guns and had a crew of 126 men. The navy took
Acteon into service under her own name. On 20 November
Egyptienne captured the 12-gun Spanish
letter of marque Paulina. The chase took nine hours, during which the
Paulina threw eight of her guns overboard. She was out of
Pasajes (Spain), on her way to cruise the West Indies. By late December Fleeming had left
Egyptienne and was at Calder's court-martial. Fleeming then moved to command in 1806, with the
Mediterranean Fleet in 1807, and in 1811. ==Later life==