Name of Vessel:

Betsey

Master of Vessel:

John Russell [Leech]

Rig of Vessel:

Brig

Date of Capture:

7 September 1779

Place of Capture:

Off the Delaware Capes, at  39°4'N, 71°24'W

Captor:

Pennsylvania Privateer Brigantine Achilles and Pennsylvania Privateer Brigs Patty and Hibernia

Home Port:

From What Port:

Montserrat [St. Christopher’s], British West Indies

To What Port:

New York, New York

Cargo:

Rum

Tonnage:

200

Battery:

8x

Crew:

14

Owners:

Prize master:

M’Neal

Prize crew:

Ordered Into:

Philadelphia, Pennsylvania

Into What Port:

Date Arrived:

Date Tried:

Date Sold:

Action:

No

Recaptured:

Yes

Comments: On 6 September 1779, at 1100, the Continental Army Sloop Argo (Captain Silas Talbot) captured the 200-ton British Privateer Brigantine Betsey (John Russell [Leech]) after a sharp fight. Betsey was bound from Montserrat or St. Christopher’s, British West Indies, to New York, New York, with a cargo of rum. She was armed with eight guns and had a crew of fourteen men aboard. One George West was sent aboard as prize master, with a prize crew of eleven men, and ordered to take the prize in to New London, Connecticut. Argo stayed in company with the prize. At 1400 one Church, a member of the prize crew, sighted three sail to windward, all in pursuit, with the wind at the west. Betsey ran away through the night. At dawn Church saw the three strangers, still to windward. West reported his position as 39°4'N, 71°24'W. About 0900 the three came up with British colors flying. Talbot ordered Betsey to make off as best she could, and parted from his prize.  At this time Betsey was about forty-eight hours sail from New London. One of the chasing brigs (later revealed to be the Patty) fired on the Betsey. At the second fire West lowered his reversed British colors and surrendered. When the boarding party came aboard it was discovered that the three were the Pennsylvania Privateer Brigs Patty (Commander John Prole), Hibernia (Commander John Angus) and Achilles.

Achilles, Patty, and Hibernia had sailed from Philadelphia bound for different destinations: Achilles and Patty for Cadiz, Spain; Hibernia for Teneriffe, in the Madeira Islands. Patty sailed on 1 September and met the other two at Reedy Island. Here it was determined to stay together and cruise on the coast for a few days before steering for Europe. Prole was selected as commodore. On the morning of 6 September the three brigs were becalmed at the mouth of the Delaware, within hail of one another, in a thick fog. At 1000 the sound of cannon fire was heard. Looking in the direction of the gunfire the Americans saw a thick smoke, which gradually cleared and a sloop and a brig in an engagement became visible. The engaged brig steered toward the three Americans. The fight lasted about an hour, when the sloop closed the brig. Shortly after the two steered away to the north. The wind came up in the afternoon and the three brigs sailed from the Delaware Capes on 6 September at 1400, in chase of the vessels seen earlier. Patty was the first to come up with the Betsey and fired on her. Achilles was the first to send a boat aboard.

Prole’s men went aboard the prize and began plundering. At Church’s request, one “Captain D.,” a passenger on the Patty, came aboard to prevent the plundering. After a “strict” examination, one of Argo’s prize crew was returned. Church was sent aboard the Patty. Boarding her, he saw two men he recognized: they were part of the crew of a British vessel captured by Argo about ten days before and sent into Philadelphia as prisoners. Church thought they had escaped and that the three brigs were British. “Captain D” assured Church that the two men had been shipped out of the jail at Philadelphia. West showed Prole his written instructions from Talbot, and pointed out that Argo was still in sight. Since there was no copy of Talbot’s commission aboard, Prole decided that Betsey was British, and a good prize. Every one of Argo’s prize crew was removed. The prize was manned with men from the brigs under one M’Neal and ordered into Philadelphia.  Prole also removed two 3-pounders and some other items. West was kept aboard the Patty and taken into Spain. The Betsey was re-captured by the British Privateer Sandwich and taken in to New York, New York, being lost to all the captors.

Talbot sued the three captains in the Pennsylvania Admiralty Court in 1783 for his loss of the prize and was awarded damages of some £12800. After a lengthy set of appeals and legal twists and turns Talbot obtained the judgment in 1785.

[“Deposition of George West,” in Pennsylvania Court of Admiralty, Judgments in the Admiralty of Pennsylvania: In Four Suits, Brought as for Maritime Hypothecations. Also, the Case of Silas Talbot, Against the Brigs Achilles, Patty, and Hibernia, and of the Owners of the Hibernia Against Their Captain, John Angus : with an Appendix, Containing the Testimony Exhibited in the Admiralty in those Causes, Philadelphia, T. Dobson and T. Lang, 1789, 109-111;  “Deposition of Isaac Church,” in Judgment, 107-109; “W— D—‘s Deposition,” in Judgment, 112-117; Judgment, 67, 72, 97; Hall, John E., The American Law Journal and Miscellaneous Repertory, Vol 1, No. 1, Philadelphia: W. P. Farrand & Co., 1808, 266-287]

Revised 21 September 2008