Fanny (1811 ship)
Introduction '''''Fanny''''' was launched in Norway in 1807 under an unknown name and was captured around 1810 during the Gunboat War. She entered English records in 1811 as an armed merchantman that sailed between Liverpool and South America. On 19 April 1814, the American privateer schooner ''General Armstrong'' captured her, though shortly thereafter the British Royal Navy recaptured her. The insurance and marine salvage issues involved gave rise to three notable court cases. ''Fanny'' returned to the West Indies trade in 1815 under new owners. She was last listed in 1833.
Career ''Fanny'' was launched in Norway in 1807 and was captured by the British during the Gunboat War. She first appears in ''Lloyd's Register'' in 1811.She underwent coppering and a thorough repair that year. Her master was Huntley and her owner Harrison. Her trade was first Brazil and then Liverpool—Brazil.In 1812, James Laughton replaced Huntley as ''Fanny''s master. Also, W.Begg replaced Harrison as owner.On 5 December 1812 Laughton acquired a letter of marque against America for ''Fanny''. ''Fanny'' sailed from Falmouth 26 August 1813 to Rio de Janeiro in convoy with about 30 other vessels and a Royal Navy escort. For the return voyage, Laughton sought permission from the station admiral to return home without convoy. (Convoying reduced the sailing speed of the average vessel by 0.2 to 0.6 knots. Captains of faster vessels therefore had an incentive to sail outside the convoy system.) 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, ''Fanny'' was near the Irish coast when ''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 privateer inflicted significant damage on ''Fanny'', the privateer's long 42-pounder gun being particularly 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 ''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 ''Principe'' ran on shore.===Subsequent events===Laughton 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 £4,000  recaptured ''Fanny'' on 12 May, and returned, arriving off Skelling Rock on the west coast of Ireland on 8 June. A Russian man-of-war ran afoul of ''Fanny'' in The Downs on 18 June, causing ''Fanny'' to lose a mast and suffer other damage. She 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.The High Court of Admiralty awarded ''Scepter''s captain and crew the following salvage money:First class shareCaptain £605 7s 2dSecond class shares £84 0s 2dThird class shares £50 8s 0¼dFourth class shares £10 16s 4½dFifth class sharesAble seamen £7 4s 3dSixth class sharesOrdinary seamen £3 12s 1½dSeventh class sharesLandsmen £2 8s 1dEighth class sharesBoys  £1 4s 0½dFollowing the discharge of her 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.===Return to service===The ''Register of Shipping'' for 1815 lists ''Fanny'', prize, built in 1807, of 387 tons (bm), with W. Reay, master, Foreshaw, owner, and trade Liverpool—St Thomas. She then traded widely under different masters and owners. She underwent a good repair in 1829, and received a new bottom in 1831.The data below is from the ''Register of Shipping''. 1820 W. Reay Foreshaw Liverpool—St Thomas 1821 W. ReayW. Thomas ForeshawS. Parker Liverpool—St ThomasLiverpool—New Orleans 1822 W. Thomas S. Parker Liverpool—New Orleans 1823 W. Thomas S. Parker Liverpool—New Orleans 1825 Feard Laing Plymouth coaster 1830 Spaggon Laing London—Petersburg 1833 Bowser Laing Sidmouth—London
Fate ''Lloyd's Register'' does not list ''Fanny'' after 1833. (The ''Register of Shipping'' did not publish after 1833.)
Notes
Citations
References *Hall, J.A. (1914) ''The Law of Naval Warfare''. (London: Chapman and Hall). *Kelly, Morgan, & Cormac Ó Gráda (2017) ''Speed Under Sail, 1750-1850''. University College, Dublin, WP17/10. *McManemin, John A. (1994) ''Captains of the Privateers of the War of 1812''. (New Jersey: Ho-Ho-Kus publishing company). *Williams, Gomer (1897; since republished) ''History of the Liverpool Privateers and Letters of Marque: With an Account of the Liverpool Slave Trade''. (W. Heinemann).