British service: 4 × 6-pounder guns + 2 × 18-pounder & 10 × 9-pounder guns ("Of the New Construction")[2]
USS Herald was a full-rigged ship of about 270 tons burthen built in 1797 at Newburyport, Massachusetts. The US Navy purchased her on 15 June 1798, and sold her in 1801. She became the French 20-gun privateer corvetteAfricaine. In 1804 a British privateer seized her on 4 May 1804 off the coast, near Charleston, South Carolina. The seizure gave rise to a case in the U.S. courts that defined the limits of U.S. territorial waters. The U.S. courts ruled that the privateer had seized Africaine outside U.S. jurisdiction. Africaine then became a Liverpool-based slave ship that made two voyages carrying slaves from West Africa to the West Indies. After the abolition of the slave trade in 1807 she became a West Indiaman that two French privateers captured in late 1807 or early 1808.
Herald was registered at Newburyport on 12 October 1797 with Edward Davis, owner and master.[1]
The Philadelphia Inquirer reported on 8 May 1798 that on 3 May the excellent and fast sailing ship Herald of Boston, armed with 14 guns, Edward Davis, commander, had arrived Boston as a part of a large convoy in 45 days from London with freight and five passengers. Captain Davis, on coming into the harbour fired a salute of 14 guns. Her voyage had been eventful. She had joined a convoy in Portsmouth for Boston on 18 March sailing under the protection of HMSSt Albans (54 guns), and a sloop of war. On the 19th Herald ran foul of Eliza and carried away her bowsprit, which obliged Herald to put into Falmouth.
The fleet proceeded to Cork and picked up HMSCleopatra, which was waiting with other ships from Liverpool, Bristol, and Ireland. This first convoy of two, the second was scheduled for later in May, consisted of forty ships all armed except for two, Montezuma and Carlisle. The commodore of the convoy, Captain Pender on St Albans, intended going the southern passage, and to drop the ships along the coast. On the 28th, in longitude 15, in a fog, Herald lost the convoy; and on 30 March, was chased by a frigate, which brought her to, after running 15 hours to the eastward. The frigate proved to be HMSCleopatra, Captain Pellew, who treated her politely, and informed Pender that Cleopatra had retaken William Penn, from Philadelphia, and also, a French privateer of 16 guns and 130 men.[lower-alpha 1]
The next day, the 31st, Herald was again chased by a privateer brig that came near, but on seeing Herald's guns sheered off.[5]
US Navy
The Navy purchased Herald from Edward Davis on 15 June 1798.
Herald was made ready for sea in Boston as a sloop of war (20 guns), under the command of Captain Severs, and lay there for a period along with the brig USSPickering (14 guns), Captain Chapman.[6] The two ships sailed from Boston and then from Newport R.I. on 22 August 1798 onto Halifax as convoy for the brig Commerce, and while there exchanged gun salutes on paying a diplomatic visit to Fort George on Citadel Hill.[7] She cruised in the West Indies during the Quasi-War with France from 1799 to 1800. Was at Boston October, 1799.[8] In August 1799 Lt. Charles C. Russell became her captain.[9] On 21 January 1800, USSAugusta and Herald encountered and captured the 6-gun privateerschoonerLa Mutine off Puerto Rico.[10][11]
In August 1800 Herald, Augusta, and Trumbull were cruising near Aux Cayes.[12] Both Augusta and Trumbull captured some French vessels, though there is no record that Herald had any such success.
After the treaty of peace with France had been ratified on 18 February 1801, Herald returned to the West Indies on 23 March to recall the US Naval Forces under the command of Silas Talbot.[13]
On 18 April 1801 Herald rescued the crew of the wrecked Dutch ship Cunningham, of Belfast.[14]
Navy Secretary Benjamin Stoddert expressed dissatisfaction with her abilities as early as June, 1799, and express a desire to sell her.[15] In a letter dated 17 July Secretary of the Navy stated that her gun deck was so low that in a good wind her guns were useless.[16] The U.S. Navy sold Herald at Boston in 1801 and new owners renamed her Africaine.[17]
French privateer
Captain Burnam of the schooner Betsey reported that on 24 April 1804 as Betsey was sailing from Charleston to Philadelphia she had encountered a French ship named Africaine, Captain Duaberqueny, from Brest. Africaine fired a couple of shots at Betsey and ordered Burnam to come aboard Africaine. After some detention Duaberqueny politely permitted Burnam to proceed. Burnam further reported that when Africaine spoke him she was then bearing away for Charleston having lost her mizzenmast and thrown her guns overboard in a gale of wind.[18]
The Maryland Gazette carried a report from Charleston, South Carolina, dated 3 May 1804, that the French corvette Africa, (late the Herald sloop of war) had sailed from Havana for Charleston 23 days earlier, with 350 French troops as passengers. A gale on 22 April before Africa's arrival at Charleston had cost her her mizzenmast. She also had had to throw overboard 12 or 14 guns. Sixteen of the passengers were lost at the same time. When Africa arrived off Charleston she took a pilot on board on Thursday evening, and anchored a short distance from Charleston Bar.[17]
The next morning, 4 May 1804, the brig Garland from Nassau arrived and fired two guns. The corvette struck her colours as she had only four guns mounted.[17]Garland, a British privateerbrig, William Pinder (or Pender, or Pendar), master, of Nassau and New Providence,[19] had earlier cleared from Charleston on 9 April.[20] She seized Africaine on 4 May 1804 at Charleston, South Carolina. Africaine had on board 358 French troops that had escaped from St. Domingo and that she had embarked at Havana to carry back to France. The capture took place about 12 leagues from the Charleston Bar. Before Garland captured Africaine, Africaine had captured two British merchant vessels, Rosamond, of Glasgow, and the brig Chance, of Jamaica.[lower-alpha 2]Enterprize, which had sailed from Nassau in company with Garland, hove in sight soon after Africaine had struck (they had left Nassau some six days earlier).[23]Enterprize assisted in removing the prisoners: 500 French troops embarked at Charleston on 10 May on board the American ship Chesapeake, Lee, for Bordeaux.[24]
Court case
In SOULT V. L'AFRICAINE, the commercial agent of the French Republic at Charleston protested Garland's seizure of Africaine, arguing that the seizure had occurred on the Charleston bar and hence had occurred in the territorial waters of a neutral state. In early June the Court found in favour of Garland's owners.[20][19] The Court defined the U.S. territorial waters as one league (4.8km) from the low tide of the shore, not including shoals that are always underwater. In this instance the measurement taken was from the nearest land Sullivan's Island five or six miles away to Rattlesnake breaker one or two miles from the shoals where Africaine had been taken.[25][26][27][28] Consequently, the seizure had taken place outside of U.S. territorial waters and was valid.[25]
Garland, Enterprize, and their prize L'Africaine, arrived at Nassau on 1 July 1804.[29]
British slave ship and merchantman
Africaine was registered in Liverpool in 1805 and first appeared in Lloyd's Register (LR) in 1805 as African. LR described her as having been built in America in 1797 and being of 267 tons (bm).[30]
1st slave voyage (1805–1806): Captain Christopher Brew sailed from Liverpool on 24 May 1805. Africaine acquired her slaves at Onim (current day Lagos), and sailed from Africa on 15 October. She arrived at Barbados on 29 December with 216 slaves. She sailed from Barbados on 8 February 1806, and arrived back at Liverpool on 15 April. At some point Captain John French had replaced Brew. Africaine had left Liverpool with 33 crew members and she suffered three crew deaths on the voyage.[31]
2nd slave voyage (1806–1807): Captain Richard Vaughn sailed from Liverpool on 24 July 1806. Africaine arrived at Cape Coast Castle and started acquiring slaves on 19 September. She then gathered further slaves at Accra. She sailed from Africa on 14 December and arrived at Kingston, Jamaica on 25 February 1807 with 250 slaves. She left Kingston on 7 May and arrived back at Liverpool on 18 July.[32]
Lloyd's List of 29 January 1808 reported that two French privateers had captured Africaine, after an action of two hours, and taken her into Cuba. Africaine had been sailing from London to Port-au-Prince.[34]
LR for 1809 carried the annotation "capt" by her name.[2]LR for 1810 no longer listed her.
Notes
↑ The privateer that Cleopatra had captured on 25 March was an en razée from Lorient named Émilie, mounting sixteen 6-pounder and two brass 12-pounder guns. Émilie had a crew of 110 men and had been out 39 days.[3] The capture of William Penn, on 21 March, took place in company with HMSNautilus, Arthur K. Legge.[4]
↑ Lloyd's List reported that a French privateer had captured Chance, Watt, master, off Charleston as Chance was sailing from Jamaica to Charleston. The same unnamed privateer had also taken Rosamond, from the Clyde.[21]Rosamond, W.Connell, master, of 194 tons (bm), and two guns, had been launched at New York in 1771. Her trade was Greenock–Charleston.[22]
↑ "From the London Gazette, April 10". London, England: The Evening Mail. London Gazette. 9 April 1798. p.3. Retrieved 16 April 2020– via newspapers.com.
↑ "Gazette Marine List". The Philadelphia Inquirer. 8 May 1798. p.3. Retrieved 14 April 2020– via newspapers.com.
↑ "Our Infant Navy". The Farmer's Weekly Museum: Newhampshire and Vermont Journal (Walpole, New Hampshire). 20 August 1798. p.2. Retrieved 14 April 2020– via newspapers.com. In all the Navy Yards great activity prevails
↑ "Britain's Wooden Walls and America's Wooden Walls reciprocate". Aurora General Advertiser, Philadelphia. 4 December 1798. p.2. Retrieved 14 April 2020. Soon after captain Severs and captain Chapman landed in the Herald' barge and paid their respects to his excellency the lieutenant governor vice-admiral Vandeput and brigadier general Murray "This pleasing preface of a return of harmony and reciprocal friendship must afford the highest satisfaction to every friend to his country- and the firmness of the federal government in refusing to become the dupe of French perfidy and seduction is a sufficient inducement to every British subject to treat the American flag with the highest respect and her faithful citizens with every degree of attention and civility (Thus far from the Halifax papers)
↑ Russel, Charles C. (18 March 1800). "Philadelphia, March 10". Newport, Rhode Island: Newport Mercury. Official. p.5. Retrieved 17 April 2020– via NewspaperArchive.com. Russel: on the 21 st at 6 o'clock, A.M. I saw a sail in the NW quarter to which I gave chase, and at 9 after firing seven shot at her brought her to, a French privateer Mutine
↑ Officer on the USS Augusta (1 April 1800). "Off Puerto Rico, 24 January 1800". Savannah Columbian Museum and Savannah Advertiser. p.3. Retrieved 17 April 2020– via NewspaperArchive.com. Off Puerto Rico, 24 January 1800 (printed Baltimore 12 March)
↑ "The expertness of the Malays at diving, appears from the following curious circumstance, related by a gentleman lately from India". Maryland Gazette (Annapolis, Maryland), 4 September 1800; Issue 2799.
↑ "Herald I (ship)". Naval History and Heritage Command. U.S. Navy. 15 July 2015. Retrieved 16 April 2020.
↑ "The Observer - Originals". No.22 July 1804. The Observer (London). 22 July 1804. p.2. Retrieved 12 April 2020– via newspapers.com.
1 2 Charleston Courier (12 June 1804). "Important trial (part 1)". New York, New York: The Evening Post. p.2. Archived from the original on 11 April 2020. Retrieved 11 April 2020– via newspapers.com.
↑ Charleston Courier (12 June 1804). "Important trial (part 2)". New York, New York: The Evening Post. p.3. Archived from the original on 11 April 2020. Retrieved 11 April 2020– via newspapers.com.
HMS Boadicea was a frigate of the Royal Navy. She served in the Channel and in the East Indies during which service she captured many prizes. She participated in one action for which the Admiralty awarded the Naval General Service Medal. She was broken up in 1858.
HMS Hornet was a 16-gun ship-rigged sloop of the Cormorant class in the Royal Navy, ordered 18 February 1793, built by Marmaduke Stalkart and launched 3 February 1794 at Rotherhithe. Hornet saw most of her active duty during the French Revolutionary Wars. During the Napoleonic Wars she served for about six years as a hospital ship before being laid up in 1811 and sold in 1817.
HMS Pheasant was an 18-gun Merlin class sloop of the Royal Navy.
HMS Echo, launched in 1797 at Dover, was a sloop-of-war in the Royal Navy. She served on the Jamaica station between 1799 and 1806, and there captured a small number of privateers. The Navy sold her in 1809 and she became a whaler. She made four complete whale-hunting voyages but was wrecked in the Coral Sea in April 1820 during her fifth whaling voyage.
HMS Duguay-Trouin was an 18-gun French privateer sloop launched in 1779 at Le Havre. Surprise captured her in 1780 and the British Royal Navy took her into service under her existing name. It sold Duguay-Trouin on 30 October 1783. She then became the West Indiaman Christopher. She captured several French merchant vessels. Later she became a Liverpool-based slave ship, making five voyages in the triangular trade in enslaved people. She was lost at Charleston in September 1804 in a hurricane.
Horatio was launched in 1800 at Liverpool. She made four voyages as a slave ship in the triangular trade in enslaved people. During two of these voyages she was captured and recaptured. Shortly before the British slave trade ended she left the slave trade and sailed between Britain and South America and as a West Indiaman. She was wrecked in 1817.
Angola was launched in 1799 at Lancaster. She became a Liverpool-based slave ship that had made four voyages in the triangular trade, carrying captives from West Africa to the West Indies. The French captured her in 1804 on her fifth voyage. Her captors renamed her Tigre, but the Royal Navy recaptured her late in 1804.
Rosamond was launched at New York in 1771, probably as Rose. She was renamed Rosamond in 1776. Between 1795 and 1800 she made four voyages as a Liverpool-based slave ship, carrying enslaved people from West Africa to the West Indies. She then became a West Indiaman until in 1804 a French privateer captured her.
Resource was launched at Bermuda in 1792, possibly under another name, and sailed from Liverpool from 1798 on. She made four voyages as a slave ship in the triangular trade in enslaved people. The French Navy captured her in 1805 at the very beginning of her fifth voyage. However, the British recaptured her when her captors sent her into the Cape of Good Hope, not realising that the Royal Navy was capturing the Cape.
Harriot was launched in Spain in 1794, almost surely under another name, and taken in prize in 1797. She made two voyages as a London-based slave ship in the triangular trade in enslaved people. Under new ownership, she then made three voyages as a whaler in the British southern whale fishery. A privateer captured her as she was returning from her third whale-hunting voyage but the British Royal Navy recaptured her. After her recapture she became a merchantman. The Spanish seized her in the Pacific; she was condemned at Lima, Peru in March-April 1809, as a smuggler.
Harriot was launched in Liverpool in 1786. For many years she was a West Indiaman, sailing between Liverpool and Barbados. In 1796 a French frigate captured her, but the British Royal Navy quickly recaptured her. She became a slave ship in the triangular trade in enslaved people. At the beginning of her of her first slave trading voyage a French privateer captured her, and again the Royal Navy quickly recaptured her. She made five slave trading voyages in all. Thereafter she traded with South America. She was last listed in 1814 with stale data.
Ellis was a French prize, captured in 1797, possibly built that year also. Liverpool merchants purchased her. She made five complete voyages as a slave ship in the triangular trade carrying enslaved people from West Africa to the British West Indies. She was lost at sea on 23 April 1806 on her sixth voyage before she could take on any captives.
Harmony was launched in 1798 in Lancaster as a West Indiaman. Between 1805 and 1807 she sailed to the Pacific on a privateering voyage. Early in the voyage she was engaged in a single ship action in which her target repelled the attack, killing Harmony's master and inflicting severe casualties on her crew. Although Harmony returned to trading with the West Indies, in 1817 she made one voyage to India under a licence from the British East India Company. On her return she traded between Hull and Petersburg, and Quebec. New owners in 1821 decided to use her as a whaler in the northern whale fishery. She was lost there on her first whaling voyage.
Beaver was launched in 1796 at Liverpool. She made seven complete voyages as a slave ship in the triangular trade in enslaved persons. She was captured and retaken once, in 1804, and captured a second time in 1807, during her eighth voyage.
Active was built in Bristol in 1799. She made one voyage as a slave ship in the triangular trade in enslaved persons, and then two voyages trading between Bristol and Africa. A French privateer captured her but a Guernsey privateer recaptured her. She then became a West Indiaman. On 16 and 17 July 1808 she repelled a Spanish and a French privateer in two separate single-ship actions. In 1809 she underwent a maritime mishap. She was last listed in 1819.
Active was built in Chester in 1781. Initially, she traded with the Baltic and North America. From 1798 she made four complete voyages as a slave ship in the triangular trade in enslaved persons. A privateer captured her on 1 September 1805 during her fifth slave voyage, after she had embarked her slaves, and took her into the River Plate.
Elizabeth was launched at Liverpool in 1798. She made five complete voyages as a slave ship in the triangular trade in enslaved people. Spanish privateers captured her in 1805 while she was on her sixth voyage after she had embarked enslaved people and took her into Montevideo.
United States. District Court. South Carolina; Hopkinson, Francis, 1737-1791; Bee, Thomas, d.1812, (reporter.); United States. District Court (Massachusetts); Pennsylvania. Court of Admiralty; South Carolina. Court of admiralty (1810), Reports of cases adjudged in the District court of South Carolina. [1792-1809], Published by William P. Farrand and co. Fry and Krammerer, printers, retrieved 12 April 2020{{citation}}: CS1 maint: multiple names: authors list (link) CS1 maint: numeric names: authors list (link)
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