Fanny (1812 privateer)
The Fanny was an armed merchantman plying between Liverpool and South America. Its master was James Laughton (father of Sir John Knox Laughton)[1][2]. On 5th December 1812, Laughton was granted a Letter of Marque for the Fanny[3]
| Career |  |
|---|---|
| Name: | Fanny |
| Owner: | James Brotherston & John Begg |
| Captured: | 19th April 1814, Privateer General Armstrong |
| Notes: | Recaptured 18th May 1814, HMS Sceptre |
| General characteristics | |
| Tons burthen: | 387 tons |
| Sail plan: | 3 mast |
| Complement: | 45 |
| Armament: |
|
Contents
Voyage to South America
The Fanny sailed from Liverpool to Rio de Janerio in convoy with Royal Navy escort. For the return voyage, the master of the Fanny sought permission from the station admiral to return home without convoy. Thirty additional men were hired and some additional guns were put on board. The station Admiral thought the Fanny to be competent to defend herself and permitted the solo voyage.[4]
On 8th March 1814, the Fanny departed from Maranham in Brazil towards Liverpool, England.
Battle with General Armstrong 19th April 1814
At about midday on 18th April 1814, the Fanny was near the Irish coast when she was sighted by the American privateer schooner General Armstrong from New York. Due to squally weather, the General Armstrong did not immediately engage, but shadowed the Fanny until early the following day. The General Armstrong closed to pistol shot range and opened fire. The faster and better armed American inflicted significant damage to the Fanny. The American's French long 42 pounder being the most devastating.[5]
The musket fire from the Schooner was so severe, that it was impossible to maintain station on the quarter deck. The Fanny returned fire and caused some damage to the American, however after about an hour of close combat, never out of pistol shot, the captain of the Fanny struck her colours and surrendered to the American.
Captain Laughton wrote to his employer:
"She had scarcely a shroud left standing, nor one brace, the sails completely reduced, several gun carriages disabled, not a breeching left whole, one shot between wind and water, several others through different parts of her hull, the maintopsail and topgallant yards shot through, not a running rope but what was cut to pieces, a complete wreck on the quarter deck, the second mate, my brother, killed by my side, and six others wounded, five severely, one slightly."[5]
One of the severely injured was one of the Fanny's co-owners, John Begg. He later recovered from his injuries and continued his trade with South America.
The crew of the Fanny were transferred to the General Armstrong and a prize crew put on the Fanny.[5]
Later that day, the General Armstrong encountered a Portuguese vessel en-route to Liverpool. The captain and some of the crew of the Fanny were transferred to this vessel and arrived in Hoylake on 23rd April.
Subsequent Events
The captain sent a letter to James Brotherston describing the loss of the Fanny. On 25th April, James Brotherston filed a claim for total loss with his insurers abandoning all interest in the Fanny to the Insurers.[6]
The Fanny was insured for £7,000 and the freight was insured on 22nd April (sic) for £4,000 [7]
The Fanny was recaptured by HMS Sceptre on 12th May[8] and arrived in Gravesend on 24th June. The Fanny finally arrived in Liverpool on 26th September and the cargo was delivered to the consignee.
Salvage amounts:[9]
| First class | £605 7 2 |
| Second class | 84 0 2 |
| Third class | 50 8 0¼ |
| Fourth class | 10 16 4½ |
| Fifth class | 7 4 3 |
| Sixth class | 3 12 1½ |
| Seventh class | 2 8 1 |
| Eighth class | 1 4 0½ |
Following the discharge of cargo, the ship was sold and the underwriters recovered about £2310.[7]
Court Cases
These subsequent events gave rise to 3 civil claims.
Davidson v Case
The Fanny and the freight (charges) were insured separately. An abandonment to the underwriter on the ship transfers the freight subsequently earned incident to the ship. Therefore where ship and freight were insured by separate sets of underwriters and the ship being a general ship, was captured and ship and freight were abandoned to the respective underwriters, who paid each a total loss; and the ship being recaptured; performed her voyage and earned freight; which was received from the consignee for the use of those who were legally entitled thereto. It was held that the underwriter on ship was entitled to recover the freight charges.[7] [10]
Brotherston and Another v Barber
Brotherston and Another had insured the Fanny's cargo against loss. Barber was the insurer. Brotherston claimed that he was due the full sum insured as a total loss. At the time of the claim this was the case and he had abandoned all rights to the vessel. The court found that the plaintiffs were only due a partial loss. [6]
The Fanny [1 Dods 443]
The Portuguese owners of the cargo contested the claim for marine salvage by the Sceptre. The Portuguese cargo owners contended that their property was neutral in this conflict and would not have been declared as a prize in an American prize court. The crown contended that by lading the goods on an armed merchant vessel of one of the conflicting states, surrendered this neutrality to that state. The courts found in favour of the Sceptre and decided that the cargo owner had forfeit neutrality by lading his goods on an armed merchant vessel from one of the warring states.
This case is often cited in text books of international law [11][12]
There were clearly 2 sorts of Privateer. The first were armed merchant vessels carrying a letter of Marque. They carried on their normal trade, but were entitled to take and keep vessels of the opposing nation. The latter, like the General Armstrong were, in effect, private warships, raiding commerce for gain.
References
- ↑ John Knox's older brother was christened James Brotherston Laughton
- ↑ John Knox's Who's Who entry describes his father as 'master mariner and in times of war captain of a privateer'
- ↑ 1812 letters of Marque (National Archives)
- ↑ Reports of prize cases determined in the High court of admiralty, before the Lords commissioners of appeals in prize causes, and before the Judicial committee of the Privy council, from 1745-1859
- ↑ 5.0 5.1 5.2 History of the Liverpool privateers and letters of marque with an account of the Liverpool slave trade, Gomer Williams, 1897
- ↑ 6.0 6.1 Cases argued and determined in the Court of King's Bench, Vol V, George Maule & William Selwyn, London 1823, p418[1]
- ↑ 7.0 7.1 7.2 Davidson v Case, Reports of Cases Argued and determined in the Court of Common Pleas, Vol V, John Bayly Moore, London 1823[2]
- ↑ http://www.london-gazette.co.uk/issues/16973/pages/29
- ↑ http://www.london-gazette.co.uk/issues/16976/pages/90
- ↑ Cases argued and determined in the Court of King's Bench, Vol V, George Maule & William Selwyn, London, 1823, p79[3]
- ↑ Principles of the law of nations, with practical notes and supplementary essays on the law of blockade, and on contraband of war
- ↑ The Law of Naval Warfare, J. A. HALL, LL.B., B.A. , London, Chapman and Hall 1914
