Name Fanny Complement 45 | Sail plan 3 mast Tons burthen 351,100 kg | |
Owner James Brotherston & John Begg Captured 19 April 1814,by privateer General Armstrong Notes Recaptured 18 May 1814, by Sceptre | ||
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 schooner General Armstrong captured her, though shortly thereafter Sceptre recaptured her. The insurance and marine salvage issues involved gave rise to three notable court cases.
Contents
Voyage to South America
Fanny sailed from Falmouth 26 August 1813 to Rio de Janeiro in convoy with about 30 others and 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.
Battle with General Armstrong
At about midday on 18 April 1814, Fanny was near the Irish coast when the American privateer schooner General Armstrong, captain Guy R. Champlin, from New York City 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 schooner inflicted significant damage on Fanny, her French long 42-pounder guns 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 Fanny's co-owners, John Begg, who later recovered from his injuries and continued his trade with South America.
Captain Champlin wrote in his log book:
Captain Laughton wrote to his employer:
Fanny's crew transferred to the General Armstrong and she put a prize crew on Fanny. Later that day the American schooner encountered the Principe, Captain da Silva, a Portuguese vessel en route from Maranham to Liverpool. Champlin transferred 130 prisoners, including Laughton and his crew, to Principe. They arrived in Hoylake, England, on 23 April, when the Principe ran on shore.
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 [sic] for £4,000
Fanny was recaptured by Sceptre on 12 May and returned, arriving off Skelling Rock on the west coast of Ireland with the Sceptre on 8 June. Fanny was attacked by a Russian man-of-war in The Downs on 18 June, losing a mast and suffering other damage, and arrived in Gravesend on 24 June. Fanny finally arrived in Liverpool on 26 September and the cargo of cotton, coffee and tallow was delivered to the consignee.
Salvage amounts:
Following the discharge of cargo, the ship was sold and the underwriters recovered about £2310.
Court cases
These subsequent events gave rise to three civil claims:
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 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.
The Fanny [1 Dods 443]
The Portuguese owners of the cargo contested Sceptre's 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.