HMS Surprise was a frigate rated at 28 guns, according to the movie. A 28 gun British frigate of the era would have mounted a main battery of 9 pounder cannon. When the Surprise engages the Acheron at the end of movie, she brings down the Acheron's main mast with a single broadside from her main battery.

The only heavy 44 gun frigate built in Boston prior to 1805 was the USS Constitution, aka Old Ironsides. The Constitution enganged two British frigates in 1812, each rated at 38 guns, each mounting a main battery of 18 pounder cannons. The Constitution engaged each British frigate at close range, took multiple broadsides from the British 18 pounders, took hits to her masts and never lost a mast.

If the Acheron was indeed a Yankee built heavy 44 gun frigate, HMS Surprise would have been incapable of shooting away her main mast with a single broadside from her main battery of 9 pounders.