Action of 22 January 1783
Encyclopedia
The Action of 22 January 1783 was a single ship action fought off the Chesapeake Bay
during the American War of Independence. The British frigate under the command of Thomas McNamara Russell
captured the French frigate Sybille under the command of Théobald René, Comte de Kergariou-Loemaria. The circumstances of the battle included controversial violations of accepted rules of war regarding the flying of false flag
s and distress signals.
under Captain Thomas Graves. Both ships had fought until they had both been dismasted and were forced to disengage. Sybille made for a French port under a jury rig
and was then caught in a violent storm. Due to this unfortunate series of events Kergariou had been obliged to throw twelve of his guns overboard.
, and at the same time, in the shrouds, another English flag, union downwards, the internationally recognised signal of distress. Accordingly, Russell, bore down to her assistance, but as the two ships drew near, Russell became suspicious and bore away. Seeing this, Kergariou fired his broadside
causing some damage but not as much as he could have done had Russell not turned away. Kergariou then attempted to board
and overwhelm the Hussar whilst still flying false colours and the distress flag. The Hussar crew managed to repel the boarding party. The battle continued with both sides taking damage until a large ship came in sight. She proved to be the 74-gun and another smaller vessel, , also appeared over the horizon. At the approach of two further enemies, Sybille surrendered.
he reported the circumstance, and his officers swore an affidavit
in support of their captain. The Treaty of Paris
was then on the point of being concluded and in consequence the Admiralty Board and British government thought the affair would cause undue scandal. The official account was kept from the general public and Russell's accounts of the affair were not published. Kergariou sent his subordinate, the Chevalier d'Escures
to see Russell. The Frenchman attempted to threaten Russell with retaliation should he ever publish an account of the matter. When Kergariou was released, he said, Kergariou would use his influence at the French court to acquire another ship to hunt Russell down should that happen. When Russell failed to be moved, the count, again through his subordinate, issued a challenge to Russell to demand personal satisfaction. Russell considered the challenge and transmitted this answer for delivery to Kergariou: "Sir I have considered your challenge maturely...I will fight him, by land or by water, on foot or on horseback, in any part of this globe that he pleases. You will, I suppose, be his second; and I shall be attended by a friend worthy of your sword."
On the declaration of peace, Hussar returned to England for decommissioning. Russell was offered a knighthood, but refused as his income would not have been enough to support the title. Russell was informed that Kergariou had been tried and acquitted of the loss of his ship and the breach of internationally recognised laws. In pursuit of satisfaction, he applied to the Admiralty for permission to travel to France. Admiral Mariot Arbuthnot accompanied him to France, unaware at first of the reason. Kergariou wrote to Russell and expressed his gratitude of the treatment that he and his crew had received after their capture and informed Russell that he intended to move to the Pyrenees
, although he did not give a specific location. Arbuthnot convinced Russell that he should not attempt to follow Kergariou and so they returned to England.
Chesapeake Bay
The Chesapeake Bay is the largest estuary in the United States. It lies off the Atlantic Ocean, surrounded by Maryland and Virginia. The Chesapeake Bay's drainage basin covers in the District of Columbia and parts of six states: New York, Pennsylvania, Delaware, Maryland, Virginia, and West...
during the American War of Independence. The British frigate under the command of Thomas McNamara Russell
Thomas McNamara Russell
Vice-Admiral Thomas McNamara Russell was an admiral in the Royal Navy. Russell's naval career spanned the American Revolutionary War, French Revolutionary War and Napoleonic War....
captured the French frigate Sybille under the command of Théobald René, Comte de Kergariou-Loemaria. The circumstances of the battle included controversial violations of accepted rules of war regarding the flying of false flag
False flag
False flag operations are covert operations designed to deceive the public in such a way that the operations appear as though they are being carried out by other entities. The name is derived from the military concept of flying false colors; that is flying the flag of a country other than one's own...
s and distress signals.
Background
The Sybille, a relatively new French frigate, was commanded by Théobald René, Comte de Kergariou-Loemaria (whose name is badly misspelled in British histories). The French ship had been engaged three weeks previously with the 32-gun British frigate HMS MagicienneFrench frigate Magicienne (1778)
The Magicienne was a frigate of the French Navy, lead ship of her class. The British captured her in 1781 and she served with the Royal Navy until her crew burned her in 1810 to prevent her capture after she grounded at Île de France...
under Captain Thomas Graves. Both ships had fought until they had both been dismasted and were forced to disengage. Sybille made for a French port under a jury rig
Jury rig
Jury rigging refers to makeshift repairs or temporary contrivances, made with only the tools and materials that happen to be on hand. Originally a nautical term, on sailing ships a jury rig is a replacement mast and yards improvised in case of damage or loss of the original mast.-Etymology:The...
and was then caught in a violent storm. Due to this unfortunate series of events Kergariou had been obliged to throw twelve of his guns overboard.
Action
On 22 January 1783 Hussar sighted the French 32-gun frigate Sybille. When she sighted the Hussar, Kergariou ordered the English flag hoisted over the French, the recognised signal of a prizePrize (law)
Prize is a term used in admiralty law to refer to equipment, vehicles, vessels, and cargo captured during armed conflict. The most common use of prize in this sense is the capture of an enemy ship and its cargo as a prize of war. In the past, it was common that the capturing force would be allotted...
, and at the same time, in the shrouds, another English flag, union downwards, the internationally recognised signal of distress. Accordingly, Russell, bore down to her assistance, but as the two ships drew near, Russell became suspicious and bore away. Seeing this, Kergariou fired his broadside
Broadside
A broadside is the side of a ship; the battery of cannon on one side of a warship; or their simultaneous fire in naval warfare.-Age of Sail:...
causing some damage but not as much as he could have done had Russell not turned away. Kergariou then attempted to board
Boarding (attack)
Boarding, in its simplest sense, refers to the insertion on to a ship's deck of individuals. However, when it is classified as an attack, in most contexts, it refers to the forcible insertion of personnel that are not members of the crew by another party without the consent of the captain or crew...
and overwhelm the Hussar whilst still flying false colours and the distress flag. The Hussar crew managed to repel the boarding party. The battle continued with both sides taking damage until a large ship came in sight. She proved to be the 74-gun and another smaller vessel, , also appeared over the horizon. At the approach of two further enemies, Sybille surrendered.
Controversy
The rules of war that were accepted at the time were that a ship might fly a country's flag other than its own in order to escape or lure an enemy, but that before the engagement commenced they must remove the decoy flag and replace it with their own. Alongside this, ships were expected to only fly a distress flag if they were actually in distress. Luring enemies into a trap using a distress flag was an unacceptable ruse de guerre. The French captain had therefore broken two of the fundamental rules of sea warfare. Kergariou came aboard the Hussar to surrender his sword. The count handed Russell his sword and complemented the captain and his crew on the capture of his vessel. Russell took the sword and reportedly said:Russell stuck the blade into the deck, broke it in half, and threw it to the deck. He then placed the count under close arrest. The crew of the Hussar discovered £500 in valuables aboard the Sybille which the French officers claimed as personal property. Russell permitted them to keep even though it reduced the prize money he and his crew received."Sir, I must humbly beg leave to decline any compliments to this ship, her officers, or company, as I cannot return them. She is indeed no more than a British ship of her class should be. She had not fair play; but Almighty God has saved her from the most foul snare of the most perfidious enemy. - Had you, Sir, fought me fairly, I should, if I know my own heart, receive your sword with a tear of sympathy. From you, Sir, I receive it with inexpressible contempt. And now, Sir, you will please observe, that lest this sword shold ever defile the hand of any honest French or English officer, I here, in the most formal and public manner, break it."
Aftermath
When Russell brought the prize into New YorkNew York City
New York is the most populous city in the United States and the center of the New York Metropolitan Area, one of the most populous metropolitan areas in the world. New York exerts a significant impact upon global commerce, finance, media, art, fashion, research, technology, education, and...
he reported the circumstance, and his officers swore an affidavit
Affidavit
An affidavit is a written sworn statement of fact voluntarily made by an affiant or deponent under an oath or affirmation administered by a person authorized to do so by law. Such statement is witnessed as to the authenticity of the affiant's signature by a taker of oaths, such as a notary public...
in support of their captain. The Treaty of Paris
Treaty of Paris (1783)
The Treaty of Paris, signed on September 3, 1783, ended the American Revolutionary War between Great Britain on the one hand and the United States of America and its allies on the other. The other combatant nations, France, Spain and the Dutch Republic had separate agreements; for details of...
was then on the point of being concluded and in consequence the Admiralty Board and British government thought the affair would cause undue scandal. The official account was kept from the general public and Russell's accounts of the affair were not published. Kergariou sent his subordinate, the Chevalier d'Escures
Charles Gabriel Morel d'Escures
Charles Gabriel Morel d'Escures was a French navigator and explorer and a member of the La Pérouse expedition and of the Académie de Marine.-Life:...
to see Russell. The Frenchman attempted to threaten Russell with retaliation should he ever publish an account of the matter. When Kergariou was released, he said, Kergariou would use his influence at the French court to acquire another ship to hunt Russell down should that happen. When Russell failed to be moved, the count, again through his subordinate, issued a challenge to Russell to demand personal satisfaction. Russell considered the challenge and transmitted this answer for delivery to Kergariou: "Sir I have considered your challenge maturely...I will fight him, by land or by water, on foot or on horseback, in any part of this globe that he pleases. You will, I suppose, be his second; and I shall be attended by a friend worthy of your sword."
On the declaration of peace, Hussar returned to England for decommissioning. Russell was offered a knighthood, but refused as his income would not have been enough to support the title. Russell was informed that Kergariou had been tried and acquitted of the loss of his ship and the breach of internationally recognised laws. In pursuit of satisfaction, he applied to the Admiralty for permission to travel to France. Admiral Mariot Arbuthnot accompanied him to France, unaware at first of the reason. Kergariou wrote to Russell and expressed his gratitude of the treatment that he and his crew had received after their capture and informed Russell that he intended to move to the Pyrenees
Pyrenees
The Pyrenees is a range of mountains in southwest Europe that forms a natural border between France and Spain...
, although he did not give a specific location. Arbuthnot convinced Russell that he should not attempt to follow Kergariou and so they returned to England.