Thomas Clarke Master
FO 446/3, FHC microfilm 1494330, pp. 105-106
1. The Master of the Brig
Huskisson appoints Mr. Duguid as Agent
2. Extended Protest - Thomas Clarke Master of Brig Huskisson
3. Survey and Inventory of Hull and Spars of the Brig Huskisson
4. Survey and Inventory of the Tackle, Sails and Stores of the Brig Huskisson
1. The Master of the Brig Huskisson appoints 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 Thomas Clarke, Master
of the British Brig "Huskisson", now detained at Patagones in consequence
of the Acts of the Commander of the Privateer of the Republic, the "Vencedor
de Ituzaingo" 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.
/Signed/ Woodbine Parish
2. Extended Protest - Thomas Clarke Master of Brig "Huskisson"
FO 446/3, FHC microfilm 1494330, pp 262- 272
By this Public Instrument
of Declaration and Protest Be it known to all whom it may concern that on the
eighth day of July 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 Thomas Clarke Master of and Shareholder in the British Brig "Huskisson"
of London of the burthen of Two hundred and one tons or thereabouts
who declared as follows that the said Brig "Huskisson" being tight staunch and strong and in everyway properly manned provisioned and fit for Sea was regularly cleared out and sailed from the Port of London aforesaid on the twenty fifth of March 1827 with a General Cargo and Passengers bound for the Port of Rio de Janeiro
and proceeded on the voyage with variable winds and weather without meeting with any particular occurrence until the 28th of May in the same year when in about Lat 21° 5' S Long 38° 20' W the said Appearer fell in with a Schooner under Brazilian Colours which at 11 am fired a gun, brought the brig to, when the Master was ordered to go on board the schooner with all his letters and papers.
He therefore lowered down the Boat and went on board upon the Captain examining the Cockets he said that the schooner was the "Vencedor de Ituzaingo" a Buenos Ayrean Cruizer and that the Brig was a Prize having Brazilian Property and arms on board.
The said Appearer then told the Captain that the "Huskisson was loaded in London in the general way and regularly cleared out by his Government and that the [lesser] part of the cargo might be Brazilian property still the greater part of the Cargo and vessel was British and as such might not to be sent to any part of the world he thought fit.
The Captain of the schooner then said that the whole coast of Brazil was under Blockade and that he should make a prize of any British vessel he met with in the same way, they then got the schooner's boat out and sent two officers with a party of men on board the "Huskisson", put the ship's head to the NE hoisted out boats opened the main hatches and discharged a part of her Cargo as follows BG 40 cases, F 3 coils rope 131 bars of lead and 13 bolts of canvas (stores) the said Appearer remonstrated with the Captain against taking the Property who replied that he wanted the Canvas for the use of the Schooner and that he should send the Brig to Rio Negro in Patagonia.
At about 9pm they hoisted the Brig's boats in having taken away the aforesaid goods and then ordered the Brig's crew to pack up their cloathes [sic] all of whom they took on board the Schooner leaving the said Appearer, his Wife, one Boy & a steerage Passenger on board the "Huskisson" at the same time they broke open the after Hatch plundered a cask of rum and part of a cask of brandy which they also carried with them.
About midnight a Prize Master and crew came on board to take the vessel into Port who likewise brought with them Mr. Stewart Leith Master of the British Brig "Concord" and a Mr. Pereira who had also been taken out of the said vessel on the 28th of April off Cape St. Mary's. The Prize Master and crew then sailed away with the Brig shaping a course towards Patagonia and during the voyage plundered the Cargo and Stores without attending to the remonstrances and solicitations of the said Appearers not to do so.
Nothing further nor very particular occurred until the 20th of June following when they ran the vessel on a sand bank near the Bay of All Saints in Patagonia but in a short time succeeded in getting the Brig off again. Ship making no water.
On the 21st anchored off the Bar of Rio Negro.
On the 23rd they got a Pilot and boat's crew off to carry the Brig in.
On the 24th blowing strong from the Southwards the Pilot ran her into the Bay of All Saints and there moored her.
On the 28th of June the said Appearer proceeded to Rio Negro overland where he was examined by a Captain D'Autant concerning the cargo and property after which he as informed that both the vessel and cargo was a Prize and that some small vessels were ordered to go round to lighten her so that she might be brought in there.
The 1st of July the Appearer
returned in a small vessel to his Brig and on the second as the people were
preparing to discharge the cargo he gave a Protest to the Alcalde's Clerk who
was also on board, against any part of the cargo being discharged from the Huskisson
until a proper sentence was obtained from a competent Tribunal but no regard
whatever was paid to this his fair and just remonstrance.
On the 4th of July they discharged part of the cargo into a schooner.
On the 5th weighed and run off the Bar of the Rio Negro where the Brig remained until the 22nd of the same month during which time both the Bower anchor and Windlass were broken and the sails nearly beat to pieces.
The Prize Master and his crew were frequently in a state of intoxication occupying the cabin and annoying and insulting the said Appearer upon every occasion and on the 1st of August the Prize Master threatened to beat him and put him on shore saying further that the said Appearer had no right to remain any longer time in the vessel and that for the future he would annoy him by every means in his power.
On the 3rd, 5th and 6th of August a great quantity of the cargo was discharged from the Brig into a schooner which was going off with it on the latter day and under all these circumstances he therefore put most of their cloathes [sic] into their stateroom and embarked with his wife on board the said schooner to proceed to Rio Negro (having already written to the Authorities there for their protection without effect) and firmly believing that he could no longer remain on board the brig in safety.
On the arrival of the said schooner with the "Huskisson's cargo at Rio Negro the Captains of the National Vessels of War "Chacabuco", "Ituzaingo" and "Patagones" came on board the schooner and took whatever they pleased by order of the Commandant and the Prize Agent.
The said Appearer likewise found out that a schooner under American Colours the "Richard G. Cox" was chiefly laden with a part of the "Huskissons's " Cargo bound to Buenos Ayres and he therefore caused a representation to be made to the Commandant against such arbitrary proceedings and formally protested against that vessel's sailing away with its cargo, but which was disregarded.
On the 8th of September
the said Brig Huskisson was brought into the River and the Appearer applied
to the Alcalde to be allowed to go on board his vessel and have his cabin for
himself and wife without interruption from the Prize Crew but which request
was also refused and he therefore procured a residence on Shore. The Prize Agent
discharged various articles of both cargo and stores from the vessel.
On the 26th of October the Commandant notified to the said Appearer his having received on the 3rd of September "An Order dated the 2nd of August 1827 from the Government of Buenos Ayres placing all the Cargo of the Huskisson at the disposal of the Captors"
On the 9th of November they have discharged most of the dry goods from said vessel.
The Huskisson was now employed as a receiving ship by the Agent and several Prize Cargos were put on board her and her boats were taken away for the Service of the State.
On the 20th of December 1827 His Britannic Majesty's Sloop "Cadmus" arrived in the river Negro when the Appearer applied to the Commander Captain Thompson for his assistance (Who gave him a letter from the British Consul General dated the 27th of August 1827) and who informed the Appearer that he could do nothing for him except giving him a Passage to Monte Video which he declined accepting thinking from the tenor of the Consul General's letter that this matter would soon be terminated and he therefore waited there for further intelligence.
On the 17 of May 1828 the Agent advertised the Huskisson's cargo for sale by Public Auction, rumours of the failure of the Privateer's Owners having reached Patagones a few days previous.
In June the Privateer "Bolivar" Captain J.J. Coste arrived in the Rio Negro who in conjunction with the Agent discharged the remainder of the Huskisson's cargo and stripped her of all the stores left on board.
On the 2nd of August following the Appearer received intelligence of the vessel and the innocent part of the cargo being liberated by the Prize Court at Buenos Ayres and of the captors having applied to another Tribunal for a further decision.
In consequence thereof the said Appearer applied to the Authorities at Patagonia for a Survey to be held on the Brig Huskisson which was granted (a copy of which is hereunto annexed) when it was proved that the vessel was totally unserviceable
He therefore deemed it best
for the Interest of all concerned in both Ship and Cargo to proceed with all
dispatch to Buenos Ayres and there to take such steps as might be considered
proper so as to procure an Indemnification for the Property so improperly and
unjustly disposed of and for the losses occasioned by these illegal transactions
That he left Patagones on the 15th of October and arrived at Buenos Ayres in the American Schooner "Eliza Ann" on the 25th of the same month where he duly noted another Protest.
He then found that by a Sentence of the Superior Court that the vessel and the innocent part of the cargo was again liberated with damages against the Captors and on the 30th of October 1828 he presented a Statement of Claims for damages being assured by the then Minister that every justice should be done to him in this matter.
A Revolutionary movement
having taken place in this City on the 1st of December 1828 which being followed
by a change of Ministers he again addressed a Memorial on the 15th of March
to the Delegated Governor General Brown praying him to take the case of the
Huskisson into his consideration and he was kept in this Country at a great
expense and much inconvenience anxiously awaiting a final settlement of his
just claims and demands to which he received no answer up to the date of the
Whereupon the said Thomas Clarke Master of and shareholder in the brig "Huskisson" for and on behalf of the Owners of the said brig and cargo hereby Protests as he Doth by These Presents most solemnly Protest against the Commander J.J. Coste of the aforesaid Buenos Ayrean Schooner Privateer Called the "Vencedor de Ituzaingo" as also against the Owners thereof or whomsoever may be justly liable for the same for the capture of the Crew and the detention of said Brig and her Cargo as aforesaid to the end that all such loss and damage as the said Vessel her Cargo Tackle or Furniture may have suffered and sustained by the happenings aforesaid and all costs charges losses detriments delays and expenses already sustained and suffered 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 shall 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 futherance of right and justice to all concerned.
Thus done and protested he the said Appearer and Protester hath hereunto subscribed his name in the British Consulate at Buenos Ayres the day month and year before written - /signed/ Thos. Clarke Master
And 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 aforenamed Appearer before me and entered in the Official Register of the British Consulate in this City.
[signed ] Charles Griffiths, HBM V Consul
3. Survey and Inventory of Hull and Spars of the Brig Huskisson
Sello 3.- Valga en Patagones pa. el año de mil ochocientos veinte y ocho - (firmado)Rodriguez
We the undersigned and agreeable to a Warrant issued to us by G. R. Mason Commandant of Marine of this Port to Survey and take an Inventory of the Hull and Spars of the British Brig "Huskisson" of London of which we make the following report
that the said Brig from
the Copper to the Gunwale is in a very perishing and leaky state several of
the Planks on the outside. The deck starting and in several other places are
much rent. The Treenails are all loose. The Fore Mast, Fore and Fore Topsail
Yards Main and Main Topsail Yards useless Main Mast doubtful and all the other
spars much rented.
The Knight heads in a bad state - pump injured and the Cabin with the rest of the Hull much injured from the effects of the Climate.
As it appears the Brig has struck on the banks of San Blas and on Rio Negro Bar the damage she has received in her bottom can only be ascertained by heaving her down and strip the Copper off and having some of the Ceiling planks taken off to see if her floor boards or Futtock ends are started.
We are further of the opinion that the means of repairing the said Brig are very limited and uncertain here particularly Copper and Carpenters Masts etc.
Patagones Rio Negro, 9th Sept 1818 - James Harris
John Bertram Master of the American Brig St Michaels
Neill McCullum Carpenter of National Vessel of War Federal
Certifico que el presente
Documento fue firmado por los Sres Harris, Bertram y McCullum en mi presencia,
Patagones fha? ut supra
firmado Guillermo R. Mason Comandante de la Marina.
4. Survey and Inventory of the Tackle, Sails and Stores of the Brig Huskisson
The undersigned agreeable to a Warrant issued W R Mason Commandant of Marine of the Port to Survey and take and Inventory of the Tackle Sails Stores and everything else on board the British Brig "Huskisson" of London of which we make the following report.
That the standing rigging
is in some places very much chafed and requires to be refitted the running rigging
partially cut and much worn much of which will have to be replaced. No studding
sails gear whatever. The sails much mildewed some of them quite rotten apparently
having been put away wet or having got wet by the leaky state of the Vessel.
By taking the inventory of the Stores actually on board we find the vessel has no Bower Anchor nor Stream Anchor on board nor got a boat except the Long Boat in bad very bad condition.
The most of the Water Casks all the Paints Fuel and Provisions and a great quantity of Stores and Utensils missing as may be seen by reference to the Inventory. We are further of opinion that much of the Articles above enumerated cannot be procured at Patagones particularly Anchors Sails Boats etc.
Patagones Rio Negro 9th September 1828
signed - James Harris
John Bertram M of the American Brig St Michaels
Certifico que el presente
documento fue firmado por los Sres Harris y Bertram en mi presencia fha? ut
firmado Guillermo R. Mason Comandante de Marina
El que subscribe tiene el
honor de incluir al Señor Comandante a quien se dirige el inventario
y reconocimiento hecho en el Bergantín Inglés "Huskisson"
por las partes que esta Comandancia de Marina nombró a consecuencia de
su superior decreto marginal.
El que subscribe saluda a Señor Comd con su acostumbrada consideración
Patagones Setiembre 11 de 1828 - firmado Guillermo R Mason
Político y Militar de Establecimiento Patagones Sept 11 de 1828
Por recibido archívese en esta Comandancia y dése copia al interesado - Fernando Rodríguez
D. Ramón Rodríguez Tente. Coronl. de Patagonia Comandante Politico y Militar de Establecimiento de Patagones Subdelegado de Marina en el. Certifico que la presentación y documentos que anteceden comprendidos en cinco útiles referentes al Bergantín Inglés "Huskisson" son copiados literalmente de los originales que obran en el Archivo de la comandancia de mi cargo - Patagones Sept 29 1828.
Final resolution of the
Huskisson vs the Government of Buenos Aires
In the settlement of claims submitted by the British Government after the war and settled in 1831-4, compensation of £12,638 for damage to ship and cargo was awarded. Brian Vale, private communication, September 2006