By this Public Instrument of Declaration and Protest Be it known to all whom it may concern that on the thirteenth day of June in the Year of Our Lord of One thousand eight hundred and twenty eight before me Woodbine Parish Esq. His Britannic Majesty's Consul General personally came and appeared Andrew Carey Master of the British Brig "George and James" of the burthen of Ninety five tons or thereabouts belonging to the Port of London, Mr.Isaac Spence Owner (who duly noted his Protest in my Office on arrival at this Port)

who declared as follows that on the second day of May last he sailed from St.Catherine's with a Cargo of Farina shipped by Mr. Mathew Pease, citizen of the United States, now residing at that place for Rio Grande to the Consignment as per Bill of Lading of the said Andrew Carey, That on the fifth day of May in about Lat 28° 56' South, Long 47° 50' West he fell in with the Buenos Ayrean Schooner Privateer "Triunfo Argentino" under Brazilian Colours which were hauled down and those of Buenos Ayres hoisted and a gun fired to bring the Brig to, a Boat was sent on board with an Officer to take the said Appearer (the Master Carey) on board the Privateer with his Papers, during the time He was on board the Privateer the whole of his Crew excepting the Cook (seven persons) were taken out of his vessel.

After about two hours detention the said Appearer was sent back together with a Prize Master, a Frenchman, and a Prize Crew of six men. The Commander of the Privateer detaining part of his Papers amongst the rest the Ship's Register and some of his private Accounts. During his absence from the Brig his Cabin was plundered and his Money was brought on board to the Commander of the Privateer while He was with him there were in all three hundred and thirty five

Patacones in silver and about one hundred Milreas [sic] in Copper for which the Commander gave him a receipt which he lost in the confusion.

Besides his Wearing Apparel, a Watch, a Spy Glass, and sundry of the Ship's Stores etc. etc. were taken away. The Privateer then stood away, shaping her course to the Northward and the Prize Master sailed away for the Salado with the English Brig.
On the 23rd or 24th of the same month they saw some Brazilian Ships of War at Anchor as they supposed off the Salado and they sailed out to avoid them. In the afternoon saw seven sail more under weigh and bore away again.

On the 25th of May at about four o'clock in the afternoon when a about six leagues south of Cape St. Antonio the Prize Master intentionally (as he previously declared he would do to avoid falling into the hands of the Brazilians) ran the English Brig ashore upon the Coast. All hands were taken on Shore immediately in the boat and remained there under a tent made of the Brig's sails for three days.

On the 28th a number of the natives having come down to the wreck the Prize Master and his crew together with the said Appearer embarked in their boat and proceeded to the Salado from whence the said Appearer arrived in Buenos Ayres this afternoon.
He considers that his Brig by this time must be totally lost in the Sands in which she was fast burying herself when she was left on the 28th ultimo.
He understood from the Privateer's men that they had about a month before boarded and taken out the crew of the British Brig "Nestor" bound from Santos to Valparaiso and had sent her to the Salado in charge of a Prize Crew.

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Whereupon the said Appearer Andrew Carey Master of the said British Brig "George and James" in and on behalf of the said Owner or Owners of the said Vessel and Cargo hereby Protests as He Doth by these Presents most solemnly Protest against the Commander of the said Schooner Privateer called the "Triunfo Argentino" and also against the Owners thereof or whomsoever else may be justly liable for the same for the detention and loss of the said Brig "George and James" as aforesaid to the end that all losses, costs, charges, detriments delays and expenses already suffered and sustained or which may hereafter be sustained and suffered by reason thereof as well as for the personal losses charges and expenses suffered and incurred by the said Appearer and Protester in consequence thereof or any which may be sustained and suffered on account of the same shall be borne and paid by whom of right it may concern.

Thus done and protested He the said Appearer hath hereunto subscribed his name in the British Consulate at Buenos Ayres the day and the date before written.
/signed/ Andrew Carey Master

And in Testimony whereof I the said Consul General have granted to the Said Master this Instrument of Protest under my hand and Seal of Office to serve and avail him and all concerned as occasion shall or may require the same having been in all true form declared and solemnly Sworn by the aforenamed Appearer and entered in the Official Register of the British Consulate in this City.
/signed/ Woodbine Parish
H. M. Consul

Lloyd's Register 1828 - George & James - Brig sheathed with copper in 1823, Master J. Donald, 94 tons burthen, single deck, built in America 1808, damages repaired in 1822 & 1823, Owned by R. M. Foster, draws 11 feet of water when loaded, survey port: London, voyage to Africa, 1 proven iron cable, class E (second class), last surveyed in 1824

Note that the George and James was recorded as on a voyage to Africa, not to Brazil.

Final resolution of the claims of Andrew Carey master of the George and James vs Government of Buenos Ayres:

In the settlement of claims submitted by the British Government after the war and settled in 1831-4, compensation of £3,052 for damage to ship and cargo was awarded.
Brian Vale, private communication September 2006

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