A Tale of Prize and Wreck: Part II

From Montezuma to Modeste to Modestie and back to Modeste

Mike Salter continues his guest blog for us as he drills down what happened to the Modeste, prize to HMS Hussar, wrecked on 11 November 1810. The details of her background, capture, and wreck are unusually interesting and detailed and break new ground for us.

He continues:

During research to establish a likely scenario, Serena Cant pointed out a National Archives catalogue item within the High Court of Admiralty; Prize Court, Prize Papers series with the heading “Contested Cause. Captured ship ; Modeste  (Master Uswald) 1810.” Initially, this seemed too early as the wreck was in November 1810, and prize cases could be months or years before finalisation. [1] There was also a very brief newspaper note of a case in the Admiralty Court on 21^st May 1811, involving a Modeste which claimed to be sailing under “Bremen colours and therefore claimed as such property”. The Court ordered “further proof” [2]

I asked TNA to do an initial search to confirm whether or not this was the right Modeste and it turned out it is. A day at TNA has cleared up many of the mysteries, although the result of the Court case may be hidden in another catalogue item. All references are to the HCA item as in [1] unless otherwise stated.

1. Construction and Name

Despite the auction advertisement in December 1810 stating that Modeste was a few months old, a check on Lloyd’s Register for 1809-10 reveals the presence of a vessel named Montezuma, built in America and owned by Charles Grandison from 6^th June 1809. She was three-masted, 314 tons, and had a ‘Man Figurehead’. As we saw in March 1854 in the Lincolnshire Chronicle reference to the figurehead on display at the Athenæum in Boston (Lincolnshire), quoted in Part I, “Our old friend Montezuma is most brilliantly got up for the occasion.” As we shall see, the trail for her capture and subsequent wreck reveals that Montezuma was the first name of the Modeste.

However, the Lloyd’s Register entries for 1809-1810 show the vessel was actually built in Massachusetts in 1800 and was repaired and copper-sheathed in 1809. Oddly the entries continue in the List until 1814, still with Grandison and Ship’s Co. shown as owner, despite the following details of sale and the wreck in November 1810. [Serena notes: this is not at all uncommon for Lloyd’s Register – sale, disposal and wreck are not always uniformly accounted for until the last quarter of the 19th century, and vessels may remain on the Register for a number of years before they finally drop out.]

A common thread is that Mr C. Cave, who owned the Vauxhall Pleasure Gardens in Skirbeck, Boston, where the Montezuma figurehead was displayed for years before going to the Athenæum, was an auctioneer who sold the Sea Adventure, wrecked in the same storm, and would have known Messrs. Barnard and Chapman who bought the wreck of Modeste.

2. Early History and Sale to Bremen

The first report of Montezuma in Britain was her arrival in Liverpool in April 1800. [3] Several advertisements were placed in this and subsequent years for passengers and freight.

On 21 July 1809 she arrived in Liverpool and on 10 February 1810 the Montezuma (Grandison) arrived in New York with “lots of fore and mizzen mast damage, having been ashore.“

On 28 August 1810 the Montezuma was sold to the Free Hanseatic City of Bremen in Germany for $28,000 (c.£6,000 at the time).

A Certificate of Change of Ownership and Renaming to Modestie was issued by the Burgomasters of Bremen in September 1810, declaring that she had no contraband or prohibited goods, weapons etc.. The Master was Johann George Uswald , a citizen and inhabitant of Bremen, and the crew was 18 men .

On 20 September the Kiel Customs Controller issued a confirmation of the sale to Bremen and renaming Modestie. They mentioned the figure of 127 inscribed on the Main Mast as required by their laws (Doctors Commons translation from German).

3. Capture by HMS Hussar and the wreck of 10/11 November

This is a summary of the Public Instrument of Protest sworn by Lieutenant William McDougall in Boston, Lincolnshire, two days after the wreck (13 November).

Alexander Skene, Commander of HMS Hussar, frigate, sent McDougall on board the Modestie on 1 October with one Midshipman and 12 crew from the frigate, thinking it was Danish and enemy property. (Captain Skene later deposed that the Modestie had been lying in Kiel (which was Danish at the time) being fitted out as a ship of war.)

The Modeste was taken off the island of ‘Femeren’ (Fehmarn), south of the Belt, sailed for Dars Head [Darß], west of Rügen, Germany, then on the 5^th to Gothenburg, Sweden, under convoy of HMS Stately, Captain Campbell. On 24^th they reached Rob’s Snout (west Jutland). The winds were unfavourable, so they put back to Gothenburg, leaving again on the 3^rd November for Yarmouth. The wind was from the N and E and the top-sail split.

The vessel had insufficient ballast, too light and sailed fast, losing convoy. On 8 November they reached Dugeons Light [Dudgeon Light] off the Lincolnshire coast (placed there in 1736). They stood off ‘til 2am; wind in NE; stood up for Winterton Lighthouse seen at 2pm. Wind fell calm, strong ebb tide; 8-9pm anchored off Winterton lighthouse in hope of pilot coming out. Wind increased – no pilot came, signal was flying. Wind increased from the SW. About 9 or 10am on the 10^th the cable parted from the anchor – wore and made sail to clear Haisboro’ Sands, blowing a horrendous gale from the ENE. In the night split the stay sails, no other sails could be set (lead going all night).

Set close-reefed sails and not being able to lay higher than N and NW the ship struck a sandbank in Boston Deeps – didn’t know exact position; into deep water again, gale increasing. About 5am on the 11th ship struck again, then back into deep water several times. At daybreak ship struck again but still kept going ahead for a 1/4 hour when she struck aground there being [line illegible but may have said “every chance the hull would fall over”.) With great difficulty got the boat out and part of the crew went in her – lowered a small boat down with remainder of the crew and left the ship, which was lost, except part of the rigging, sails and part of the wreck of the hull.

Weather clearing up and could see the land distant 5 or 6 miles, made for it, desiring the crew in the other boat to keep close to him. McDougall saith the above is a true and correct record, the ship Modeste having been lost. He declares to protest that the Damage and Loss of the said ship was not through any neglect or default of his or the mariners belonging to the ship, but due to the causes aforesaid.

Attestation and Seal

4. Master Uswald’s and Shipowners’ Position

The translation of a letter of 12th November from Uswald to the ship’s agents Albers & Droop said: “On night of 9^th Nov. at Winterton Flats. blew fresh. In am, 10^th, gale from the E and ENE, parted anchor and with storm sails set, drove. During night it was a little more moderate, set more sails, grounded at 3am on Banks. Yesterday, 11^th, am, had the misfortune to strand at Gibraltar Point. Ship total loss so began to save whatever possible. He bemoans his predicament and lack of help. The ship is bilged: he is detained on the Guardship at Yarmouth.

An affidavit on 30^th November from the shipowners said that the Modestie was not owned by any Enemy and had a Licence from the United Kingdom.

An affidavit from J G Uswald said “Modestie cleared Kiel in September, Uswald, master, on behalf of Bremen merchants. In ballast to Riga, then cargo to London (with licence from United Kingdom on board.) Licence was produced from a hiding place between decks. McDougall left the Modestie saying she was free to proceed but returned. On 2^nd October he was informed Modestie was being sent to Yarmouth. Put back due to unfavourable winds and sailed again on 3^rd Nov. No pilot when near the English coast – believes McDougall at fault.

An affidavit from two crew members of the Modestie stated that there was a licence to their knowledge and the ship was lost due to the lack of skill and ignorance of McDougall.

5. Affidavit in support of McDougall

This was sworn by Francis Napier, Edward Duffy and Thomas Allen on the 3^rd December 1810, and exhibited McDougall’s statement. It discussed the ship’s papers and the licence issue, then “arrived at Winterton Light, anchored on 9^th Nov. waiting for a pilot. Morning 10^th Nov. blowing hard, colliers failed to stop and help find pilot. Fired rockets and raised (pilot) signal flag. 10am, parted cable and was driven out. About 5am on 11^th Nov. driven onshore at Gibraltar Flats near Boston. Had kept Master Uswald informed at all times. Uswald was not prevented from making a protest. McDougall had 20 years’ experience as a mariner, 14 of which in the Royal Navy.“

6. Court proceedings and auction details

On 28^th November 1810, a Commission to make Judgement was issued in the case of the Prize capture by the Hussar and it was executed on the 1st December 1810, by fixing to the pillars of the Royal Exchange.

In the meantime, an appraisal had been carried out by Thomas Alldridge, who was appointed as auctioneer by the Hussar’s Agents, on the 13^th Nov. and he recommended that the ship be sold by auction at the earliest possible date as the wreck was four miles offshore and in danger of sinking into the sands.

There is an account for labourers’ wages and expenses for the period 11-22^nd Nov. which includes a team of Mr Carrott, the farmer on whose premises the Auction was held on 11^th Dec. (not 7^th as advertised). Receipts from the Auction included £800 for the hull and bowsprit, but after all expenses the nett proceeds were only £659 18s, of which £518 11s was paid to the Customs House in Boston as a deposit for duties.

For a ship which had been sold for $28,000/£6,000 a few months before this was a tremendous loss, although there was an insurance of £6000, dated 8^th Oct., presumably taken out by the Hussar’s Agents after the capture. This would have covered most of the loss, if paid.

The previous owner, Grandison, swore an oath, dated 29^th Jan 1811, that he had handed over the British licence to Uswald on sale of the vessel, then named Montezuma.

7. Affidavit of Captain Alexander Skene of 22 February 1811

He detained the Modestie on 1^st Oct. 1810 and put McDougall on board. He returned with the ship’s papers and Master Uswald who said he was bound from Kiel to Riga (the previous owner had said Dantzig) to pick up a cargo for England.

There was no licence and Skene asked Uswald if he had one – he said ”No”. Skene believed the ship had been in Kiel to be fitted out as a ship of war. William Turner, the Hussar’s carpenter was sent on board to survey the Modestie and he concluded that “Modeste was calculated as a Ship of War”.

Skene said he found fresh produce for Hussar (she had been at sea for 4 months) and he offered to pay Uswald for it, but he refused, saying it was a trifle.

Skene said McDougall was of impeccable character and that Modestie had Danish markings on her main beam (including the figure of 127 inscribed on her main mast) but the owners maintained she was sailing under Bremen colours, i.e. as a neutral, as mentioned in newspaper reports.

8. Conclusion

• The life of the ship, Montezuma, launched in 1800, wrecked in November 1810 was as short as that of the Sea Adventure (the subject of my previous Blog in March 2024) was long.
• She was clearly a well-built and capable ship of 320 tons, having sailed the New York to Liverpool route and to Africa, Jamaica and South America.
• However, her luck ran out when sold by the owner to the City State of Bremen in late August 1810 for the substantial sum of $28,000 (c. £6000)
• Almost immediately after her name change to Modestie (not La Modeste; nor Modeste) she was captured by HMS Hussar off the Island of Fehmarn (Danish)
• My understanding is that the United Kingdom was not (yet) war with America, nor with the City State of Bremen, but was at war with Denmark, pressured by Napoleon to exclude British ships from the Baltic. Demark had declared war on Britain after the English had bombarded Copenhagen in 1807.
• British Orders in Council of 1807 imposed strict blockade on all ports from which British ships were excluded. Kiel (Danish) therefore had a choice whether to trade solely with Britain or not at all.
• Further, British control of Baltic trade owed its survival to widespread fraud and deception. The ships had to be foreign and were furnished with false papers and certificates showing them to be trading with ports friendly to France. They were given a British licence conferring immunity from detention by British cruisers but they had to join a Convoy and stay with it until it reached England. [5]
• The Saumarez Papers also say there was “Official information on the deteriorated state of the entrance to Yarmouth Roads”. This was in late 1810, making a pilot essential.
• It does seem unlikely that a British licence given to the American ship Montezuma (licences name the vessel and Owner’s country) could be valid if transferred on sale. There was a scheme in place for temporary licences to be issued by British ships which had to be surrendered for a formal one, once in England.
• The Court’s decision has not been discovered, but McDougall had navigated the Modestie to within 5 miles of her destination of Yarmouth and the actual cause of the loss was the parting of the anchor cable, allowing the ship to be driven by the storm some 80 miles to be wrecked off the coast of Lincolnshire. Sixty ships came to grief in similar fashion in that storm from Whitby to the Thames during that storm.
• There was little or nothing left from the proceeds of the auction after costs, duty and expenses.
• Captain Skene certainly went on to command large naval vessels, so it seems likely the case did not result in him being punished for the loss of Modestie , which it seems was an Act of God.
• The actual result of the High Court of Admiralty case is most likely to be found in The National Archives but may take quite some unearthing.

Footnotes

[1] HCA 32/1589/4248, The National Archives (TNA), Kew https://discovery.nationalarchives.gov.uk/details/r/C14202011

[2] Public Ledger and Daily Advertiser 22 May 1811

[3] Staffordshire Advertiser 12 April 1800

[4] See note [2]

[5] Saumarez Papers, Navy Records Society, pp.xx, 151, 88-92.