Hibberts (1784 ship)

Hibberts (or Hibbert), was launched in 1784 on the Thames as a West Indiaman. The first two times that French forces captured her the Royal Navy recaptured her. The second of these incidents, in 1804, gave rise to three court cases – an appeal to the Vice admiralty court at Halifax, Nova Scotia, a maritime insurance case that reached the United States Supreme Court, and one case in London dealing with the labor contracts covering seamen. Between these two captures and recaptures, in 1802–1803, Hibberts served briefly as an armed merchant ship under the command of a Royal Navy officer. The French captured her for the third and final time in 1811. Hibberts was the model for the sculpture that adorned the western gate of the West India Docks, giving it the name "Hibbert Gate".

For other ships with the same name, see Hibbert (ship).

Model of Hibberts – West India Quay Import Dock
History
United Kingdom
NameHibberts
NamesakeGeorge Hibbert
Launched1784, Thames
CapturedEarly 1811
General characteristics
Tons burthen350, or 405[1] (bm)
Complement30[1]
Armament
  • 1795: 6 × 4-pounder guns
  • 1798: 4 × 6-pounder + 2 × 4-pounder guns
  • 1800: 20 × 6&9&18-pounder cannons[1]
  • 1801: 8 × 9-pounder + 10 × 6-pounder guns + 2 × 18-pounder carronades
  • 1807: 4 × 6-pounder guns + 6 × 1-pounder guns "of the New Construction"

Career

Hibberts first appeared in Lloyd's Register (LR) in 1784, with Jn. Boyd, master, Hibberts & Co., owners, and trade London–Jamaica.[2]

Year Master Owner Trade Source & notes
1795 Chisholm Hibbert London–Jamaica LR; good repair 1792

In September 1795 a French squadron captured Hibberts, Chisholm, master, as she was sailing from Jamaica to London, but HMS Santa Margarita recaptured her.[3] As Hibberts was returning to England, she ran aground at Scattery Island, Limerick 52°36′N 9°36′W;[4] she was gotten off and returned to London.

Year Master Owner Trade Source & notes
1798 Chisholm
Butcher		 Hibbert London–Jamaica
London–Hamburg		 LR; damages & good repair 1792, damages & thorough thorough repair 1798, & damages repaired 1798

On 12 July 1800, Captain John Frederick Butcher acquired a letter of marque.[1]

Two sources suggest that Hibberts might have engaged in whaling in 1802, but have no further supporting evidence. At the time she was valued at £7,500.[5][6]

Instead, in 1802, Hibberts served as an armed ship for the Royal Navy, with a naval officer in command. She and several other transports arrived at Plymouth to take onboard the 29th Regiment of Foot.[7] On 26 July, the "Hibberts armed ship", under the command of Lieutenant Donovan, left Plymouth Sound for Halifax, Nova Scotia.[8][lower-alpha 1]

Year Master Owner Trade Source & notes
1801 J.Butcher J.Hurry & Co. London–Jamaica LR; damages & good repair 1792, damages & thorough thorough repair 1796, & damages repaired 1798

In 1804, the French privateer Restant captured Hibberts as she was returning from Honduras with a cargo of mahogany and took her into Havana.[10][lower-alpha 2] In Havana a local court condemned her in prize. A merchant took possession and sailed her for New York. He insured her cargo with a United States insurance company.

As Hibberts was sailing from Havana to New York, HMS Leander recaptured her.[12] This incident gave rise to a case in the Vice admiralty court in Halifax, which restored her to her British owners.[13] A summary of the case stated:

A court of prize in a neutral country has not authority to deliver a vessel upon bail to persons not the representatives of the owners, and the rights of owners upon recapture is not extinguished by it.[14]

The recapture also gave rise to a case that reached the U.S. Supreme Court, involving insurance on the vessel and cargo, in which the plaintiffs won against the insurance company. The court ruled that because the vessel could be considered a total loss, the policy holder was entitle to collect under the policy.[15]

Lastly, when Hibberts reached London after having been recaptured, there was a case in which it was found that her crew had left her without having been discharged. Hurry and Co. had hired a crew in Halifax to bring her back to London. When she arrived above the West Indies Docks, the crew left her, but without acquiring certificates of discharge. Unfortunately for them a customs officer ordered her to be moved to the West Indian Docks because some of her cargo was from the West Indies. The owners had to have her moved. The court ruled that the crew had not deserted her (in which they would have been mulcted of all pay), but that the crew would be mulcted of one month's pay in favour of the Greenwich Hospital. The case was cited in another case.[16]

Year Master Owner Trade Source & notes
1806 J.Butcher
J.Wilson		 Hurry
Hunter & Co.		 London–Jamaica LR; damages & good repair 1792, damages & thorough thorough repair 1796, & damages repaired 1798
1809 A.Wilson Hunter & Co. London–Honduras LR; damages repair 1796 & 1798, new fir topsides 1806
1811 A.Wilson Hunter & Co. London–Yucatán LR; new fir topsides 1806, and thorough repair 1809

Fate

A French privateer succeeded in 1811 in capturing Hibberts a third and last time, and took her into Dunkirk.[17]

The Hibbert Gate

George Hibbert was one of the directors of the West India Docks, completed in 1802. Hibberts was the model for the sculpture that adorned the western gate, leading to it being known as the "Hibbert Gate". The gate was torn down in 1932. A replica of the original gate has since been erected on the Canary Wharf site in 2000[18] as a memorial for the docks.[19]

Poplar

The Hibberts is the ship commemorated on the civic seal of the London Borough of Poplar

Poplar Borough Council blazon

[20]

Notes
  1. Armed transports were usually commanded by a superannuated lieutenant and escorted groups of other merchant vessels, as in this case, or sailed independently.[9]
  2. Restant was a privateer commissioned in Saint-Domingue, operating from February to July 1804.[11]

Citations
  1. "Letter of Marque, p.68 – Retrieved 25 July 2017" (PDF). Archived from the original (PDF) on 20 October 2016. Retrieved 27 October 2018.
  2. LR (1784), Seq.no.387.
  3. "The Marine List". Lloyd's List. No. 2759. 13 October 1795. hdl:2027/hvd.32044105233118.
  4. "The Marine List". Lloyd's List. No. 2765. 3 November 1795. hdl:/2027/hvd.32044105233118.
  5. Clayton (2014), p. 141.
  6. British Southern Whale Fishery database – Voyages: Hibberts (Voyage BV0424.00).
  7. Naval Chronicle, Vol. 8, p.81.
  8. Naval Chronicle, Vol. 8, p.83.
  9. Woodman (1998), p. 159.
  10. "The Marine List". Lloyd's List. No. 4450. 4 May 1804. hdl:2027/hvd.32044050633072.
  11. Demerliac (2003), p. 318, no.2710.
  12. "The Marine List". Lloyd's List. No. 4492. 28 September 1804. hdl:2027/hvd.32044050633072.
  13. Stewart (1814), pp. 40–46.
  14. Stewart (1814), p. 40.
  15. Justitia – US Supreme Court: RUSSELL v. UNION INS CO, 4 U.S. 421 (1806).
  16. Edwards (1810), pp. 86–88.
  17. "The Marine List". Lloyd's List. No. 4513. 1 February 1811. hdl:2027/mdp.39015005721405.
  18. "Leo Stevenson: The Hibbert Gate". Canary Wharf. Canary Wharf Group. Retrieved 7 February 2023. Leo Stevenson, artist, sculptor
  19. Partington (2009), p. 446.
  20. "The Story of the Hibbert Gate". Isle of Dogs Life. wordpress. 28 November 2013. Retrieved 7 February 2023.

References
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