USS Herald (1798)
USS "Herald" was a full-rigged ship of about 270 tons burthen built at Newburyport, Massachusetts, possibly in 1797. The US Navy purchased her from Edward Davis 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. 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 "Herald"s guns sheered off. US Navy. "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. 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. She cruised in the West Indies during the Quasi-War with France  from 1799 to 1800. On 21 January 1800, and "Herald", Captain Charles C. Russel, encountered and captured the 6-gun privateer schooner "La Mutine" off Puerto Rico. In August 1800 "Herald", , and were cruising near Aux Cayes. 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. On 18 April 1801 "Herald" rescued the crew of  the wrecked Dutch ship "Cunningham", of Belfast. 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 shot 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 mizen-mast  and thrown her guns overboard in a gale of wind. 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 mizen mast. 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. 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. "Garland", a British privateer brig, William Pinder (or Pender, or Pendar), master, of Nassau and New Providence, had earlier cleared from Charleston on 9 April. 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). "Enterprize" assisted in removing the prisoners: 500 French troops embarked at Charleston on 10 May on board the American ship "Chesapeake", Lee, for Bordeaux. 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. The Court defined the U.S. territorial waters as 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. Consequently, the seizure had taken place outside of U.S. territorial waters and was  valid. "Garland", "Enterprize", and their prize "L'Africaine", arrived at Nassau on 1 July 1804. 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). 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. 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. 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. 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. "LR" for 1809 carried the annotation "capt" by her name. "LR" for 1810 no longer listed her. Notes, citations, and  references. Notes Citations References