Fanny (1812 privateer)
Encyclopedia
Fanny was an armed merchantman that sailed between Liverpool
and South America
. Her master was James Laughton, the father of Sir John Knox Laughton
. On 5 December 1812, Laughton was granted a Letter of Marque
for the ship. On 19 April 1814, the American privateer General Armstrong captured her, though shortly thereafter recaptured her. The insurance and marine salvage issues involved gave rise to three notable court cases.
in convoy with a Royal Navy
escort. For the return voyage, Laughton sought permission from the station admiral to return home without convoy. Laughton hired thirty additional men and took on board some additional arms. The station admiral thought Fanny was competent to defend herself and permitted the solo voyage. On 8 March 1814 Fanny left Maranham
for Liverpool
.
sighted her. Due to squally weather, General Armstrong did not immediately engage, but shadowed Fanny until early the following day, when General Armstrong closed to pistol shot range and opened fire. The faster and better armed American inflicted significant damage on Fanny, their French long 42-pounders being the most devastating.
The musket fire from the schooner
was so severe that it was impossible to maintain station on the quarter deck. Fanny returned fire and caused some damage to the American. However after about an hour of close combat, never out of pistol shot, Laughton struck her colours
. One of the severely injured was one of Fannys co-owners, John Begg, who later recovered from his injuries and continued his trade with South America.
Captain Laughton wrote to his employer:
Fannys crew transferred to the General Armstrong and she put a prize crew on Fanny. Later that day Armstrong encountered a Portuguese vessel en-route to Liverpool. Laughton and some of his crew transferred to this vessel and arrived in Hoylake
on 23 April.
Sceptre recaptured Fanny on 12 May and arrived in Gravesend
on 24 June. Fanny finally arrived in Liverpool on 26 September and the cargo was delivered to the consignee.
Salvage amounts:
Following the discharge of cargo, the ship was sold and the underwriters recovered about £2310.
This case is often cited in text books of international law.
Liverpool
Liverpool is a city and metropolitan borough of Merseyside, England, along the eastern side of the Mersey Estuary. It was founded as a borough in 1207 and was granted city status in 1880...
and South America
South America
South America is a continent situated in the Western Hemisphere, mostly in the Southern Hemisphere, with a relatively small portion in the Northern Hemisphere. The continent is also considered a subcontinent of the Americas. It is bordered on the west by the Pacific Ocean and on the north and east...
. Her master was James Laughton, the father of Sir John Knox Laughton
John Knox Laughton
Sir John Knox Laughton Kt was a British naval historian and arguably the first to argue for the importance of the subject as an independent field of study...
. On 5 December 1812, Laughton was granted a Letter of Marque
Letter of marque
In the days of fighting sail, a Letter of Marque and Reprisal was a government licence authorizing a person to attack and capture enemy vessels, and bring them before admiralty courts for condemnation and sale...
for the ship. On 19 April 1814, the American privateer General Armstrong captured her, though shortly thereafter recaptured her. The insurance and marine salvage issues involved gave rise to three notable court cases.
Voyage to South America
Fanny sailed from Liverpool to Rio de JaneiroRio de Janeiro
Rio de Janeiro , commonly referred to simply as Rio, is the capital city of the State of Rio de Janeiro, the second largest city of Brazil, and the third largest metropolitan area and agglomeration in South America, boasting approximately 6.3 million people within the city proper, making it the 6th...
in convoy with a Royal Navy
Royal Navy
The Royal Navy is the naval warfare service branch of the British Armed Forces. Founded in the 16th century, it is the oldest service branch and is known as the Senior Service...
escort. For the return voyage, Laughton sought permission from the station admiral to return home without convoy. Laughton hired thirty additional men and took on board some additional arms. The station admiral thought Fanny was competent to defend herself and permitted the solo voyage. On 8 March 1814 Fanny left Maranham
Maranhão
Maranhão is a northeastern state of Brazil. To the north lies the Atlantic Ocean. Maranhão is neighbored by the states of Piauí, Tocantins and Pará. The people of Maranhão have a distinctive accent...
for Liverpool
Liverpool
Liverpool is a city and metropolitan borough of Merseyside, England, along the eastern side of the Mersey Estuary. It was founded as a borough in 1207 and was granted city status in 1880...
.
Battle with General Armstrong
At about midday on 18 April 1814, Fanny was near the Irish coast when the American privateer schooner General Armstrong from New YorkNew York
New York is a state in the Northeastern region of the United States. It is the nation's third most populous state. New York is bordered by New Jersey and Pennsylvania to the south, and by Connecticut, Massachusetts and Vermont to the east...
sighted her. Due to squally weather, General Armstrong did not immediately engage, but shadowed Fanny until early the following day, when General Armstrong closed to pistol shot range and opened fire. The faster and better armed American inflicted significant damage on Fanny, their French long 42-pounders being the most devastating.
The musket fire from the schooner
Schooner
A schooner is a type of sailing vessel characterized by the use of fore-and-aft sails on two or more masts with the forward mast being no taller than the rear masts....
was so severe that it was impossible to maintain station on the quarter deck. Fanny returned fire and caused some damage to the American. However after about an hour of close combat, never out of pistol shot, Laughton struck her colours
Striking the colors
Striking the colors is the universally recognized indication of surrender, particularly for ships at sea. Surrender is dated from the time the ensign is struck.-In international law:# "Colors. A national flag . The colors . ....
. One of the severely injured was one of Fannys co-owners, John Begg, who later recovered from his injuries and continued his trade with South America.
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 topgallantTopgallant sailOn a square rigged sailing vessel, a topgallant sail is the square-rigged sail or sails immediately above the topsail or topsails. It is also known as a gallant or garrant sail....
yardsYard (sailing)A yard is a spar on a mast from which sails are set. It may be constructed of timber, steel, or from more modern materials, like aluminium or carbon fibre. Although some types of fore and aft rigs have yards , the term is usually used to describe the horizontal spars used with square sails...
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."
Fannys crew transferred to the General Armstrong and she put a prize crew on Fanny. Later that day Armstrong encountered a Portuguese vessel en-route to Liverpool. Laughton and some of his crew transferred to this vessel and arrived in Hoylake
Hoylake
Hoylake is a seaside town within the Metropolitan Borough of Wirral, on Merseyside, England. It is located at the north western corner of the Wirral Peninsula, near to the town of West Kirby and where the River Dee estuary meets the Irish Sea...
on 23 April.
Subsequent events
The captain sent a letter to James Brotherston describing the loss of Fanny. On 25 April, James Brotherston filed a claim for total loss with his insurers abandoning all interest in the ship to the insurers. Fanny was insured for £7,000 and the freight was insured on 22 April for £4,000Sceptre recaptured Fanny on 12 May and arrived in Gravesend
Gravesend, Kent
Gravesend is a town in northwest Kent, England, on the south bank of the Thames, opposite Tilbury in Essex. It is the administrative town of the Borough of Gravesham and, because of its geographical position, has always had an important role to play in the history and communications of this part of...
on 24 June. Fanny finally arrived in Liverpool on 26 September and the cargo was delivered to the consignee.
Salvage amounts:
| First class share | £605 7s Shilling The shilling is a unit of currency used in some current and former British Commonwealth countries. The word shilling comes from scilling, an accounting term that dates back to Anglo-Saxon times where it was deemed to be the value of a cow in Kent or a sheep elsewhere. The word is thought to derive... 2d |
| Second class shares | £84 0s 2d |
| Third class shares | £50 8s 0¼d |
| Fourth class shares | £10 16s 4½d |
| Fifth class shares | £7 4s 3d |
| Sixth class shares | £3 12s 1½d |
| Seventh class shares | £2 8s 1d |
| Eighth class shares | £1 4s 0½d |
Following the discharge of cargo, the ship was sold and the underwriters recovered about £2310.
Davidson v. Case
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.Brotherston and Another v. Barber
Brotherston and Another had insured Fannys 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.The Fanny [1 Dods 443]
The Portuguese owners of the cargo contested Sceptres claim for marine salvage. They 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 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 Sceptre, agreeing that the cargo owner had forfeited 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.