USS Herald (1798) explained

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 corvette Africaine. 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.

Merchantman

Herald was registered at Newburyport on 12 October 1797 with Edward Davis, owner and master.

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 (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, 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, 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.

The next day, the 31st, Herald was again chased by a privateer brig that came near, but on seeing Heralds guns sheered off.[1]

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 (14 guns), Captain Chapman.[2] 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.[3] She cruised in the West Indies during the Quasi-War with France from 1799 to 1800. Was at Boston October, 1799.[4] In August 1799 Lt. Charles C. Russell became her captain.[5] On 21 January 1800, and Herald encountered and captured the 6-gun privateer schooner La Mutine off San Juan, Puerto Rico.[6] [7]

In August 1800 Herald,, and were cruising near Aux Cayes.[8] 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.[9]

On 18 April 1801 Herald rescued the crew of the wrecked Dutch ship Cunningham, of Belfast.[10]

Navy Secretary Benjamin Stoddert expressed dissatisfaction with her abilities as early as June, 1799, and express a desire to sell her.[11] 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.[12] The U.S. Navy sold Herald at Boston in 1801 and new owners renamed her Africaine.

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.[13]

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 Africas 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.[14]

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.[14] Garland, a British privateer brig, William Pinder (or Pender, or Pendar), master, of Nassau and New Providence,[15] had earlier cleared from Charleston on 9 April.[16] 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,, of Glasgow, and the brig Chance, of Jamaica. 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).[17] Enterprize assisted in removing the prisoners: 500 French troops embarked at Charleston on 10 May on board the American ship Chesapeake, Lee, for Bordeaux.[18]

Court case

In SOULT V. L'AFRICAINE, the commercial agent of the French Republic at Charleston protested Garlands 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 Garlands owners.[16] [15] The Court defined the U.S. territorial waters as 1league 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.[19] [20] [21] [22] Consequently, the seizure had taken place outside of U.S. territorial waters and was valid.[19]

Garland, Enterprize, and their prize L'Africaine, arrived at Nassau on 1 July 1804.[23]

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).[24]

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.[25]

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.[26]

The 1807 Act for the Abolition of the Slave Trade ended British participation in the Trans Atlantic Slave Trade. Her owners sold Africaine and new owners started sailing her as a West Indiaman. She also underwent repairs in 1807.[27]

YearMasterOwnerTradeSource & notes
1807R.Vaughn
Wood
M'Dowel
Dowick
Liverpool–Africa
London–San Domingo
LR; repairs 1807
1809WoodDowrickLondon–DomingoLR; repairs 1806 & small repairs 1807

Fate

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.[28]

LR for 1809 carried the annotation "capt" by her name.[29] LR for 1810 no longer listed her.

References

Notes and References

  1. News: Gazette Marine List . 14 April 2020 . The Philadelphia Inquirer. 8 May 1798. 3. newspapers.com.
  2. News: Our Infant Navy . 14 April 2020 . The Farmer's Weekly Museum: Newhampshire and Vermont Journal (Walpole, New Hampshire) . 20 August 1798 . 2 . In all the Navy Yards great activity prevails. newspapers.com.
  3. News: Britain's Wooden Walls and America's Wooden Walls reciprocate . 14 April 2020 . Aurora General Advertiser, Philadelphia . 4 December 1798 . 2 . 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).
  4. Web site: Naval Documents related to the Quasi-War Between the United States and France Volume Part 2 of 3 Naval Operations August 1799 to December 1799, October to November Pg. 286 . U.S. Government printing office via Imbiblio . 23 May 2024.
  5. Web site: Naval Documents related to the Quasi-War Between the United States and France Volume Part 1 of 3 Naval Operations August 1799 to December 1799 August to September Pg. 90 . U.S. Government printing office via Imbiblio . 6 May 2024.
  6. News: Russel . Charles C. . Philadelphia, March 10 . 17 April 2020 . Official . Newport Mercury . 18 March 1800 . Newport, Rhode Island . 5 . 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. NewspaperArchive.com.
  7. News: Officer on the USS Augusta . Off Puerto Rico, 24 January 1800 . 17 April 2020 . Savannah Columbian Museum and Savannah Advertiser . 1 April 1800 . 3 . Off Puerto Rico, 24 January 1800 (printed Baltimore 12 March). NewspaperArchive.com.
  8. "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.
  9. Web site: Herald I (ship) . Naval History and Heritage Command . U.S. Navy . 16 April 2020 . 15 July 2015 .
  10. News: Odiorne . Capt. . . Ship News - Disaster to the Cunningham, Captain Roy and Herald, Captain Russel . 17 April 2020 . Brig Joseph . Aurora General Advertiser . 11 May 1801 . Philadelphia, Pennsylvania . 3.
  11. Web site: Naval Documents related to the Quasi-War Between the United States and France Volume 3 Part 2 of 4 Naval Operations April 1799 to July 1799, May, 1799 Pg. 332 . U.S. Government printing office via Imbiblio . 15 April 2024.
  12. Web site: Naval Documents related to the Quasi-War Between the United States and France Volume 2 Part 4 of 4 Naval Operations April 1799 to July 1799 July Pg. 507 and 508 . U.S. Government printing office via Imbiblio . 29 April 2024.
  13. News: Captain Burnham of the Schooner Betsey . 13 April 2020 . Aurora General Advertiser (Philadelphia) . 12 May 1804 . 2. newspapers.com.
  14. News: South Carolina - Charleston 3 May 1804 . 12 April 2020 . https://web.archive.org/web/20200412115708/https://www.newspapers.com/clip/48526131/africaine-corvette-1804/ . 12 April 2020. live. Maryland Gazette (Annapolis, Maryland) . 24 May 1804 . 1. newspapers.com.
  15. News: 17 May 1804 . Just Received . The Charleston Daily Courier . 2 .
  16. News: . Marine List . The Charleston Daily Courier . 10 Apr 1804 . 3.
  17. News: British ship Enterprise and brig Garland . 12 April 2020 . Aurora General Advertiser (Philadelphia, Pennsylvania) . 26 May 1804 . 3 . newspapers.com.
  18. News: The Observer - Originals . 12 April 2020 . 22 July 1804 . The Observer (London) . 22 July 1804 . 2. newspapers.com.
  19. News: Charleston Courier. Important trial (part 1) . 11 April 2020 . https://web.archive.org/web/20200411174810/https://www.newspapers.com/clip/48466789/africaine-corvette-trial-part-1-1804/. 11 April 2020. live. The Evening Post . 12 June 1804 . New York, New York . 2. newspapers.com.
  20. News: Charleston Courier . Important trial (part 2) . 11 April 2020 . https://web.archive.org/web/20200411171914/https://www.newspapers.com/clip/48467479/africaine-corvette-trial-part-2/. 11 April 2020. live. The Evening Post . 12 June 1804 . New York, New York . 3. newspapers.com.
  21. Bee and Hopkinson (1810), pp. 204–208.
  22. Book: Fish, Peter Graham . Federal Justice in the Mid-Atlantic South: United States Courts from Maryland to the Carolinas, 1789-1835. United States. Administrative Office of the United States Courts. Administrative Office of the United States Courts. 2002. Original from University of Illinois at Urbana-Champaign. Digitized 21 Jan 2011. 2 March 2020. 40.
  23. News: Garland . 13 April 2020 . The Charleston Daily Courier . 10 July 1804 . 3. newspapers.com.
  24. https://hdl.handle.net/2027/mdp.39015005667111?urlappend=%3Bseq=600 LR (1805) Supple.pages "A", Seq.№A49.
  25. https://www.slavevoyages.org/voyage/82205/variables Trans Atlantic Slave Trade Database – Africaine voyage #82205.
  26. https://www.slavevoyages.org/voyage/82206/variables Trans Atlantic Slave Trade Database – Africaine voyage #82206.
  27. https://hdl.handle.net/2027/mdp.39015005690469?urlappend=%3Bseq=27 LR (1807), Seq.№A245.
  28. News: The Marine List. Lloyd's List. 4224. 29 January 1807. 2027/uc1.c2735023?urlappend=%3Bseq=233.
  29. https://hdl.handle.net/2027/mdp.39015005676385?urlappend=%3Bseq=20 LR (1809), Seq.№A214.