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By this Public
Instrument of Declaration and Protest be it known to all whom it may
concern that on the twenty eighth day of July in the Year of Our
Lord One Thousand eight hundred and twenty seven personally came and
appeared in the British Consulate in the City of Buenos Ayres in
South America William Lumsden Hastings Master of the British Brig or
vessel called the "Florida" of the burthen of 204 42/94 tons
belonging to William Bennett Esqr. of London Merchant who made Oath
and declared that the said Brig Florida having been duly cleared out
on the second day of December last at the Custom House in London to
proceed on a Sealing and Whaling Voyage to the Southern Ocean and
elsewhere arrived off the coast of Brazil on or about the twenty
fifth day of February and commenced sealing on and about the
Castillos rocks near Cape St. Mary's at the entrance of the River
Plate.
The Deponent states that the said sealing was continued upon and
about the said rocks without any warning hindrance or interruption
whatever from any person or persons by Sea or Land from the said
date until the twenty ninth day of March.
The said Appearer and Deponent further states that on that day his
Chief Mate William Rodgers being absent from the said vessel with a
Boat's crew about twenty miles to the Northward of the rocks for the
purpose of catching seals and his Second Mate James Reynoldson being
also away with another boat & crew on the Castillos Rocks and Isle
the said Appearer
having only four men and two boys with him on board the brig
"Florida" being then distant about twelve miles from the Castillos
rocks the said Brig was boarded by about twenty men in two whale
boats the greater part of whom appeared to be English who forcibly
took possession of the Brig and declared her to be their Prize
assigning as a reason for the said act that the Appearer and his
crew were fishing on the private property of a Citizen of Buenos
Ayres the said
individuals then sent one of the boats ashore for their Commander
Captain Fournier a Frenchman and the said Fournier on coming on
board asked the Appearer and Deponent what he meant by sealing in
that place to which the Deponent replied he was not aware that he
was doing anything wrong.
Fournier then stated to him that he had fitted out for the express
purpose of taking his the said Appearer's vessel, the Castillos
Rocks being the private property of a native of Buenos Ayres who
paid a considerable sum of money to the Government for the same and
he shortly afterwards ordered the Deponent to go into a Boat which
was alongside to take him and his crew on shore but after repeated
supplications on the part of the Deponent the said Fournier
permitted them to remain on board that night intending to land them
on the following morning.
In the evening
however, a gale of wind coming on, the "Florida" was blown off shore
and was not able to get in again until early on the first of April.
On that day a Launch came alongside having on board about twenty
armed men and the second mate of the "Florida" James Reynoldson with
them. The Deponent was then told to embark himself and his crew in
the boat which was waiting for them.
The said Appearer and Deponent in vain entreated Fournier to allow
him to remain on board his vessel with one of his Crew till the
"Florida" should be declared a lawful Prize as he supposed she was
to be sent to some Port for adjudication, this entreaty was
positively refused by Fournier who told the Deponent that the
Government of Buenos Ayres would pay all damages if he was acting
wrong in detaining the Brig and the said Fournier further stated to
the said Deponent that he should take some Prizes with the Florida
before he returned to Port.
He then gave the Deponent a Bill for the Slops which he had on board
to supply the crew during the voyage on a Mr. Trelles? of Buenos
Ayres which Bill however was not to be payable until an account was
rendered to that person by the Deponent for the boat in which he and
his crew were to be sent to Buenos [Aires]
The said
Fournier also obliged the said Appearer and Deponent to give to him
(the said Fournier) the ship's Register and Log Book after which it
being about 12 am on the same day the Deponent with his Crew who
were only allowed to take with them their clothes and a small stock
of Provisions, were obliged to go into the boat which was prepared
for them and in which Fournier directed them to make the best of
their way to Buenos Ayres but the boat being found very leaky the
Deponent found it necessary to make for the nearest shore
and he landed
about sun set of the same day about two miles to the Northward of
the Castillos Rocks from whence the Deponent and his Crew were
obliged to travel over land to Maldonado a distance of about 130
miles where they arrived about 2 pm on the seventh of April.
On the arrival of the Deponent at Maldonado he saw the Brig
"Florida" lying off that place but about 5 pm the same evening she
got under way and put to sea .
The Deponent then learnt from a Seaman who had been left on shore
from the said Brig at Maldonado that Fournier had thrown overboard a
number of casks to make room for his men, that he had pulled down
the Tryworks and had fitted the Brig out to cruize as a Privateer.
The Deponent thinks it here necessary to set forth what was declared
to him by his second Mate James Reynoldson who as he has above
stated was absent at the time of the seizure of the "Florida" with a
boat and crew sealing in the Castillos rocks the said Reynoldson has
since stated to the said Deponent that whilst sealing with his
boat's crew on the said rocks on the twenty seventh day of March he
saw a Brig standing in which at first believing to be the Florida he
put ?? off to go on board that on nearing her he found she was not
the Florida and therefore put about to return to the Rocks when two
whaleboats rowed after him and fired several musket shots which
induced him to lay to.
On the Boat's coming up the people told him he must go with them on
board their Brig, he did so and found she was a vessel under Buenos
Ayrean flag commanded by Captain Cesar Fournier.
The said Fournier
then asked the said Reynoldson to what Country they belonged on
being told they were Englishmen Fournier invited them to stop and
take a glass of rum first, whilst they were drinking a Frenchman,
one of the officers, observed toFournier that the "Dove" a British
vessel had been taken and made a Prize of for sealing there and that
the Florida might be made a Prize of too.
On this
Fournier said to the said Reynoldson that he must stop on board till
he saw further into the business he then made sail and ran the Brig
between the Castillos Rocks and the Main where he anchored to clean
her bottom.
On the following day (the 28th) they took in water and Fournier
stated to the said Reynoldson his intention to take some spars out
of the Florida and then let her go but in the evening of the same
day it came on to blow very hard and and about midnight the Brig
parted from her anchors and went onshore and in the morning of the
twenty ninth Fournier declared to the said Reynoldson that he should
take possession of the Florida as he had lost his own brig in
looking after her.
On the same day the "Florida" was boarded by Fournier's whale boats
as above set forth by this Deponent.
The Said
Appearer and Deponent further declares that on the eighth day of
April his Majesty's Ship Ranger Captain Lord Henry Thynne having
received intelligence of the seizure of the "Florida" arrived at
Maldonado and having taken the Deponent on board put to sea on the
ninth of April in pursuit of Fournier.
But after cruizing till the eighteenth without hearing of the
Florida HMS "Ranger" returned to Maldonado. In this cruize the whale
boat of the Florida which had been under the charge of the Chief
Mate William Rodgers as set forth in the first part of this Protest
was retaken by the boats of His Majesty's said Ship "Ranger" without
resistance from some of Fournier's people (and who had taken her
from the said William Rodgers) who had been left behind by him when
he put to sea in the "Florida" telling him, the said Rodgers, at the
time that the Florida had been wrecked .
The Said
Rodgers after the seizure of his boat, with the four men who were
with him belonging to the Florida, traveled over land to Maldonado
where the said Deponent found them on his return on HMS"Ranger" on
the 18th of April.
On the twentieth of the same month the "Ranger" sailed for Monte
Video where on the twenty second Lord Henry Thynne disembarked the
Deponent and his crew excepting the Chief Mate William Rodgers and
two men with whom Lord Thynne again sailed in the "Ranger" in search
of the "Florida" on the fifth of May.
On the eleventh of the same month His Lordship returned again
without success to Monte Video.
On or about the 13th of July this Appearer and Deponent learnt from
His Majesty's Consul at Monte Video Mr. Hood that the Brig "Florida"
was at Buenos Ayres and had been given up by the Government to His
Majesty's Consul General Mr. Parish, and the deponent was sent for
by the said Mr. Hood who further acquainted him that he had received
a letter form His Majesty;s said Consul General at Buenos Ayres
requesting him to send up the Master of the "Florida" immediately to
retake possession of his the said Deponent's vessel the said vessel
having been given up by the Buenos Ayrean Government on the demand
of His Majesty's Minister and under a Protest by the said Minister
against the restoration of the vessel being held to bar the claims
of the parties interested to redress.
And His said
Majesty's Consul, Mr. Hood informed the Deponent that a passage
would be provided for him on board His Majesty's Ship "Cadmus". On
the following day the Deponent in consequence thereof embarked in
the said Ship of War "Cadmus" from which he landed at Buenos Ayres
on the eighteenth of July.
The Deponent
further states that on the nineteenth of the same month His
Majesty's Consul General at Buenos Ayres did deliver over to him
(the said Appearer) possession of the Brig "Florida" together with a
report of Survey which had been held by His desire upon the said
Brig, her Tackle Furniture Stores etc. on the tenth day of July upon
the Government delivering her over to the charge of the said Consul
General and a Certified Copy of which report of Survey is annexed to
this Protest.
To the truth of the aforegoing circumstances the said Appearer and
deponent has solemnly made Oath. He further declares that previously
to his sailing from England he was informed by the owner of the
"Florida" that her fitting out had cost nearly four thousand pounds
sterling that she was fitted with all and everything in point of
stores provisions etc. as is customary and necessary for a sealing
and whaling voyage calculated for eighteen months that he had met
with no damage since leaving England to the time of his seizure by
Fournier and deducting the necessary consumption for that period the
said stores and provisions etc. were complete and undamaged when the
"Florida" was taken form him as aforestated.
The said Appearer further declares that having now obtained
repossession of the brig he finds that her Hull is much damaged,
that she is without boats and that the
stores have been all taken out excepting nine hundred weight of
bread or biscuit and a few coals that most of the oil casks have
been thrown overboard or removed from the vessel that the Tryworks
have been destroyed and that the Whaling Harpoons and Lances are
spoilt by rust and further that about eight hundred prime seal skins
which were on board at the time of the seizure of the said Brig have
also been taken out under all these circumstances considering the
great expense if not the impossibility of refitting the vessel in
this Port for a continuation of his intended voyage the Deponent
declares that he considers the voyage as totally lost and it is
therefore his intention to return with the Brig as quickly as
possible to England.
And Wherefore
the said Appearer and Deponent William Lumsden Hastings Master of
the said British Brig "Florida" in and on behalf of the Owner or
Owners of the said vessel and cargo hereby doth by these presents
doth most solemnly protest against the Government of the United
Provinces of the Rio de la Plata for all the Acts and Deeds of Major
Caesar Fournier who was and is acting under their Commission and
Authority for his seizure of the brig "Florida" as aforesaid to the
end that all losses costs charges detriments delays and expenses
already suffered and sustained or which may hereinafter be sustained
and suffered on account of the same shall be borne and paid by those
whom of right it may concern. thus done and concluded at the British
Consulate in this City of Buenos Ayres the day and the date before
written.
/signed/ William Lumsden Hastings
Master of the Brig Florida
In testimonium veritatis
Charles Griffiths
HBM V Consul
Protest extended
by W. L. Hastings , Master if the Brig "Florida"
- FO 446/3,FHC microfilm 1494330, pp.90-92
By this Public Instrument of Protest and Declaration Be it known to
all whom it may concern that on the twentieth day of November in the
Year of Our Lord One Thousand eight hundred and twenty seven, before
me Charles Griffiths Esqre. His Majesty's Vice Consul personally
came and appeared William Lumsden Hastings Master of the Brig or
vessel called the "Florida" of the burthen of 204 tons 42/94
belonging to the Port of London
who declared
that on the sixth of October the said vessel was in the Inner roads
of Buenos Ayres being fully laden with a Cargo bound for the port of
London and ready for Sea the Hatches properly secured and battened
down
That on the
eighth of the same month notice was given to John Lee a Pilot of
this Port to take the vessel into the Outer road, the Charterers
Messrs. Thwaites having engaged Mr. Brill a river Pilot to conduct
the said Brig afterwards down the River but on the
evening of the same day a most violent Pampero came on from the land
and the tide being then unusually low the "Florida" struck the
ground several times the water Casks were immediately started to
lighten the vessel but without effect as the tide fell so fast that
at 10 P. M. the Brig grounded.
On the ninth the Gale continued from the same quarter and the water
became so unusually shallow that all the vessels in the Harbour were
aground and the Brig fell on her beam ends. At this time there was
not more than three feet water in most parts of the channel in the
Inner roads.
Every exertion
was made to hire carts and horses with people to go off to the
relief of the Brig but the ground being so full of holes and muddy
none could be induced to venture. On the tenth the current shifted,
the wind blowing very strong from the SE and the river rose so
suddenly that some of the crew had not time to get their clothes
from the Forecastle as within a few minutes the Brig was full of
water.
At daylight hoisted a signel of distress and as soon as the water
had sufficiently risen for the Balandras to float several were sent
by order of the Charterers to assist in saving the Cargo if possible
and the Captain of the Port also sent assistance.
A survey was this day ordered to be held upon the state of the
vessel and cargo and at three pm the Master of the "Zephyr" Packet
and Mr. James McGraw shipwright being appointed for that duty came
on aboard who gave it as their opinion that the "Florida" was a
complete wreck vide Report of Survey annexed.
On the eleventh got a large Ketch alongside with many people to save
what part of the Cargo and Stores they could.
On the twelfth people employed gettting onboard the Ketch some
rigging, sails and a few bales of skins. On the 13th of October this
day agreeably to public advertisement the Brig and cargo were sold
as they then lay by Public Auction.
And the said
Appearer further declared that the said Brig at the time of taking
her Cargo on board in the Inner Roads of this Port was tight staunch
and strong and was well and sufficiently manned provided and
furnished with all things needful and necessary for the said voyage
and that during the time of the said disaster the said Appearer and
the rest of the said Ship's company used their utmost endeavours to
preserve the said Brig and the goods???? her loading from damage.
Whereupon the
said William Lumsden Hastings Master of the same Brig entered his
protest in this office to the end that all loss or damage as the
said vessel her Cargo Tackle or Furniture have suffered and
sustained by the accidents aforesaid and all costs charges and
expenses attending the same shall be borne and paid by those whom of
right it may concern as being occasioned by the reasons aforesaid
and not by and through any insufficiency or neglect to the said
vessel her Tackle Furniture or Crew
This done and protested He the said Appearer hath hereunto
subscribed his name at Buenos Ayres the twentieth day of November in
the Year of Our Lord One thousand eight hundred and twenty seven.
/signed/ W Hastings, Master
Survey on Brig "Triton" John Doyle Master-
FO 446/3,FHC
microfilm 1494330, page 150
The undersigned at the request of Messrs Heyworth Carlisle & Co.
agents for the British Brig "Triton" of Liverpool and Messrs. Brown
Buchanan and Co. Agents for Lloyds residing here have been this day
on board the said brig now a Wreck in the Inner roads of Buenos
Ayres to ascertain her damage sustained in the night of 11th of
October and report the Brig laying on her larboard side Bilged and
full of Water and are of opinion that the Triton struck on an
Anchor supposed to belong to the wreck of the Florida that was lost
near the same place and are of opinion that to raise this vessel
would be attended with an immense expense owing to the uncertainty
of the tides and weather and her having an immense weight of Ballast
& Coals etc. in her. We therefore recommend her rigging, spars,
anchors cables etc that are saved, the hull as it now lies to be
sold for the good of those it might concern. Given under our hands
at Buenos Ayres this 14th day of October 1828
J Strong Master HMS Sapphire
Thomas Barnes , Brig Comet
Wm Garrett, Master "Julian", L'pool
James McGaw, shipwright
We Brown
Buchannan & Co. Agents for the underwriters at Lloyds London Do
hereby Certify that the foregoing signatures of L Strong Master of
HMS Sapphire, Thomas Barnes Master of the English Brig "Comet", Wm.
Garrett Master of the English Brig "Julian" and James McGaw ship
carpenter are their true handwriting and that we consider them fit
and proper people for the survey which they have held on board the
English Brig "Triton" stranded in this Port
Buenos Ayres 11th November 1828
pp Brown Buchanan & Co
Richard B.Lyne
These are to
Certify that the aforegoing has been entered in the Official
Register of this Consulate and that the above is the true signature
and proper hand writing of Mr. Richard B. Lyne who is at present
residing in this City and acting as Agent for the Underwriters at
Lloyds
British Consulate, Buenos Ayres 11th November 1828
/signed/ C G Hunmrl?
Published
in The British Packet and Argentine News - 13 October 1827
The
British brig Florida (whose loss we have mentioned in
another part of our paper) was taken from the Spaniards
during the last war with England off the Bahamas; it is not
known if she was built in Bermuda or in Spain, or when
built; she has proved latterly a most unfortunate vessel,
first as it regards Fournier's seizure of her, and her
present misfortune. We sincerely regret the anxiety and
trouble to which her captain (Hastings) has been exposed,
and which no exertions on his part could have prevented. The
Florida belonged to Mr. Bennett, of London, who it is said,
is the owner of more than 60 vessels, the greater part of
them engaged in the South Sea trade. |