Brig "Albuera", Charles Borthwick
FO 446/3 p 227-233. FHC microfilm 1494330 - Printer Friendly Version
from the Consul General in the Case of Brig "Albuera" that the
Master appointed Mr. Duguid as Agent
These are to Certify to all whom it may concern that it has been exhibited to the undersigned Consul General of His Britannic Majesty resident in this City that Charles Borthwick, Master of the British Brig "Albuera", now detained at Patagones in consequence of the Acts of the Commander of the Privateer of the Republic, the "General San Martín" has sufficiently authorized Mr. Thomas Duguid British Merchant here residing to aid and represent his Interests in his absence, in such manner as may be most beneficial thereto.
Therefore and that
all due credit may be given to the said Mr. Thomas Duguid or such acts
as he may do for the benefit of said Thomas Clarke these Instruments are
given to him under the Seal of the British Consulate in this City of Buenos
Ayres this first day of May on the year of Our Lord One thousand eight
hundred and twenty eight.
By This Public Instrument of Declaration and Protest Be it known to all whom it may concern that on the second day of March in the Year of Our Lord One thousand eight hundred and twenty nine personally came and appeared in the British Consulate at Buenos Ayres in South America Charles Borthwick Master and shareholder in the British Brig "Albuera" of Aberdeen in the County of Aberdeen in North Britain of the burthen of One hundred and thirty eight tons 17/94 or thereabouts
who declared as follows that the said Brig "Albuera" being tight staunch and strong and in every way properly manned provisioned and fit for sea was legally cleared out and sailed from the Port of London on the 16th of October 1827 bound to Gibraltar and Bahia laden with a cargo consisting of Brandy, Wine, Porter, Ale, Butter, Cheese, Hams, Potatoes, Paint, Oil, and Gunpowder, and proceeded on the voyage without meeting with any very particular occurrance until the 9th of November they arrived at Gibraltar and there discharged part of the before mentioned cargo and loaded other goods consisting of raisins, maccaroni seed and cheese.
That the said Brig was legally cleared out and sailed away from Gibraltar on the 18th of November in the same year bound for Bahia.
That nothing particular happened to obstruct the voyage until the 22nd of December about 5 pm being then off Bahia, Cape St Anthony bearing W ½ N about three leagues distance a schooner was discovered bearing down towards the Brig with Brazilian colours flying upon which the said Appearer hoisted his Ensign which was returned by a shot fired from the Schooner still bearing the Brazilian colours.
The Brig was then boarded and the said Appearer ordered to repair on board the schooner with all his papers and upon his arrival there they hauled down the Brazilian and hoisted the Buenos Ayrean colours declaring at the same time that it was the "General St. Martín" Buenos Ayrean Schooner Privateer, Samuel Adams Commander who informed the said Appearer that his vessel was a Prize because part of the cargo was contraband of War
upon which the said Appearer replied that both the Brig and the Cargo was all British Porperty but that if Mr. Adams considered himself justified in taking out any part of the Cargo which were contraband goods he might easily do as there being only six hundred barrels of gunpowder on board and particularly as he had a prize schooner in company which he had taken with no cargo on board so that could thus have disposed of it.
The said Appearer offered to give up this part of the Cargo but protested against detaining and sending the ship out of the course of her intended voyage with the other part of the Cargo.
The Commander of the Schooner was determined not to listen or attend to any request or solicitation which the said Appearer urged in protection of his Brig and the property on board but forcibly took possession of the "Albuera" keeping him a Prisoner on board the privateer and likewise took out the Mate and all the crew who were sent on board the privateer and during the time that he himself was kept a prisoner, the privateer's boat was frequently passing and repassing to and from the "Albuera" plundering from her the Cargo and Stores.
At about 2 am on the following day the said Appearer was forcibly put on board the Brig where he found two Prize Masters and six men in possession of her who said that she was a Prize and that they had received orders to take her to Rio Negro in Patagonia and altho he had repeatedly requested Captain Adams to suffer his Mate and Apprentice to go on board with him it was refused by only allowing one Boy John Wood to remain with him.
The Prize Master then sailed away with the Brig shaping his course for the Rio Negro and nothing particular happened until 19th of January 1828 when being off the Port of Patagonia one prize master and a man went on shore as they said to seek a Pilot taking with them the Jolly Boat and sails belonging to the "Albuera".
Two days afterwards
the Prize Master returned in another boat with a Pilot since which time
the Jolly Boat has not been found but is entirely lost to the Brig. On
the 22nd of the same month the vessel was safely anchored at about 5pm.
yet it was not until the 17th of October that he received through the Commandant at Patagonia a letter from his Agent informing him that the "Albuera" had been cleared by the Prize Court at Buenos Ayres on the 21st of July and there was also enclosed in the said letter instructions to the Commandant aforesaid desiring him to deliver up the Brig "Albuera" with all her Cargo except the Gunpowder which was condemned and furthermore the commandant informed the said Appearer that he had received orders from his Government to advance whatever might be requisite to enable the said Brig to proceed to Sea and about eight hundred and thirty six Spanish Dollars were advanced for the purpose.
A survey having been held upon the Brig and Cargo on the 6th November the said Appearer then took possession of both under Protest still holding out his claim for damages vidi Document No.1, voucher No.2 and then found as will appear in the same voucher both ship and cargo in a very damaged state, the brig open and much rent, the Foremast unseaworthy and all the spars, pumps, much rent and damaged, several sails injured by rats one foresail and a lower scudding sail very destroyed, the longboat in want of repair, the rigging and the cables much damaged.
All of which damages were incurred in consequence of the length of time the vessel was detained at Patagonia and all this in addition to the loss of the Jolly Boat already stated. After getting the Brig caulked and other damages partially repaired so as to be able to go to a more convenient Port to refit.
He sailed away from Patagonia on the 27th of December and arrived in the Inner Roads of Buenos Ayres in the 6th January of 1829. He also noted his Protest in this Consulate and likewise another Survey was appointed and held upon the Cargo on the 24th January when owing to the damaged state of the Cargo it was recommended to be sold immediately for the best interests of all concerned.
Whereupon the said Appearer Charles Borthwick Master and shareholder of the said Brig for and in behalf of the owners of the said Brig and Cargo hereby Protests as he doth by these presents most solemnly Protest against the Commander Samuel Adams of the aforesaid Buenos Ayrean Schooner called the "General San Martín" as also against the owners thereof or whomsoever might be jointly liable for the same for the Capture of the Crew and the detention of the said Brig "Albuera" and her Cargo as aforesaid to the end that all losses costs charges detriments delays and expenses suffered and sustained or which may be incurred by reason thereof as well as for the personal losses costs and expenses which the said appearer and Protester may have been put to in consequence thereof should be borne and paid by those whom of right it may concern
reserving to himself
the right and privilege at any future period to amend the same or to make
addition thereto for the furtherance of right and justice to all concerned.
Thus done and protested he the said Appearer hath hereunto subscribed
his name in the British Consulate at Buenos Ayres the day and they year
in Testimony whereof I His Britannic Majesty's Vice Consul have granted
to the said Master this Instrument of Protest under my hand and the Seal
of the Consulate to serve and avail him and all concerned as occasion shall
or may require the same having been in all due form declared and solemnly
sworn by the aforementioned Appearer before me and entered in the Official
Register of the British Consulate in this City
H M Vice Consul
Personally came and
appeared before me in this Consulate John Wood of the Brig "Albuera"
who being duly sworn maketh oath to the truth of the aforegoing Protest
Sworn before me in
the British Consulate at Buenos Ayers the sixth of March 1829
In the settlement
of claims submitted by the British Government
after the war and settled
in 1831-4, compensation of £857 for damage to ship and cargo was
Lloyd's Register 1828 - Albuera - Rigging: Snow, sheathed with copper in 1823, Master: Borthwick, 138 tons burthen, Registered in Aberdeen in 1826, Owned by Hornsby, draws 13 feet of water when loaded, Port of survey:London voyage to Str'ts [of Gibraltar?], 1 proven iron cable, class A (first class)
© The form of presentation of this information is the copyright of Cathy Murray & Jeremy Howat, 2006
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