Navigating the Lower Saint Lawrence in the 19th Century.
 
M42/10 Pages 1422-1426 Martin Sheppard
 
 
  No. 544.} 24 October, 1838} Protest.

   Province of Lower Canada
       District of Gaspé		  
 









#





+
Alexander Mavor, second mate & chief surviving officer of the barque Colborne of London, William Kent, late Master,


and whereof the late William Kent was Master.



of their own free will and voluntary accord before me, the said Notary and subscribing witnesses, severally and respectively and each of them for himself only, allege, affirm, 		 
    By this public instrument of declaration of protest. Be it known and made manifest unto all to whom these presents shall come or whom the same may in any wise concern.
    That on the twenty fourth of October in the year of our Lord one thousand eight hundred and thirty eight. Before us, the undersigned Martin Sheppard, Notary Public, by Royal authority, duly admitted and sworn for the Province of Lower Canada, and the witnesses herein after named and hereunto subscribing, being at present at Port Daniel in the County of Bonaventure in the District and Province aforesaid, personally came, appeared and were present Alexander Mavor, second mate and chief surviving officer, William Abbiot, carpenter and Joseph Acteson, sailor and Henry Lombary Hudson, passenger, survivors now present and belonging to the late barque or vessel called the Colborne of London, of the burthen of three hundred and thirty tons or thereabouts, registry measure, now lying stranded and a total wreck on the rocks at or near the place called Harrington Cove near Port Daniel aforesaid # which said Alexander Mavor, William Abbiot, Joseph Acteson and Henry Lombard Hudson having duly and severally sworn on the Holy Evangelists, did and by these present, do + jointly and severally declare, protest and say;
    That the barque or vessel called the Colborne, being then tight, staunch and strong, and in all respects in good order, well and properly manned, victualled and apparelled for sea and her hatches well and sufficiently caulked and covered.
    They, the said appearers and the rest of the crew of the said vessel, set sail on board the said vessel from the Port of London in England on Thursday the thirtieth day of August, now last past, loaded with a general cargo and government stores on a voyage to the ports of Quebec and Montreal, both in this Province of Lower Canada.
    That the appearers and the rest of the crew proceeded on with their said vessel without anything particular or extraordinary occurring, except experiencing a succession of rough and squally weather, but without nevertheless receiving any damage, until the night of the		  
  *







+




#		 in latitude by observation 48.1 at noon on the said fifteenth instant.



then blowing a breeze from the southeastward and very dark

and the rest of the crew		   fifteenth * and the morning of the sixteenth day of October instant, at the hour of half past one + with foretop sail double reefed and foresail and main topsail brac'd for reefing, being on the said fifteenth day of October instant, when the said vessel struck with great violent on a point of rocks which they then supposed to be at Pointe Maquereau at the entrance of the Baie des Chaleurs in this County of Bonaventure.
    Immediately sounded the pumps and found that the vessel had twelve inches of water in her hold. Hove the lead and found that they were in fifteen fathoms of water aft, her forefoot and part of her keel alone being on the rocks. Filled the foresail and skivered the main topsail in order to try to wear the ship off, but in the act of wearing her, their said vessel struck again heavily on other rocks and carried away the rudder and her stern post, seeing that the said vessel was fast imbedded on another reef of rocks. Visited the lazaretto of the said vessel to ascertain and ascertained that their said vessel made a great deal of water and that the stern post was almost entirely stove in.
    Employed taking off and securing the canvass sails of the vessel and hauled out the mizzen sail to prevent the vessel from striking on the rocks with the same violence as before, they cut away the lee fore rigging to enable them to cut away the mast and in the act of doing so, the second mate was washed overboard, fortunately saved from drowning. Sea at this time making a clear breach over the forepart of their vessel. 		 
            The crew was prevented thereby from going forward and in attempting to do so, several including their said master and chief mate were washed overboard and drowned.
    At about two o'clock A.M. of the said sixteenth day of October instant, the vessel fell over upon her beam ends and several of the crew and passengers to the number of about forty two were drowned, and the said appearers and the rest of the crew, with the other surviving passengers of the said vessel, seeing no chance of rendering any further assistance to their said vessel, but on the contrary, that by remaining any longer on board, they exposed their lives uselessly. Cleared away the long boats and after the greatest exertions, succeeded in gaining the shore in safety, drenched in wet, and suffering the greatest intensity of cold.
    That on arriving onshore from their said vessel, these appearers found themselves about three miles to the westward of Pointe Maquereau at the entrance to the Baie des Chaleurs in the County of Bonaventure in this District of Gaspé, from whence, part of these appearers proceeded to Port Daniel, the nearest station, and on arrival there, procured two schooners to tow the said vessel off the rocks into a place of safety, but in spite of the utmost exertions then used, the said vessel could only be towed into a small cove called Harrington Cove, about two miles to the eastward of Port Daniel aforesaid.
    That the said appearers with assistance from the shore and a number of boats, succeeded in saving a valuable portion of the cargo of the said vessel which now remains under the charge of the Magistrates of this said County of Bonaventure, in order that the same may be sold in due course, and the proceeds of such sales appropriated for the interest and advantage of all parties interested or concerned in the cargo of the said vessel.
    And the said appearers do further jointly and severally allege, affirm, declare, protest and say; that all and singular the injuries, losses, damages and detriments which have happened to the said vessel and the total loss thereof, and to the cargo laden on board of the said vessel, are and ought were in no way occasion to or occasioned by any unseamanship, mismanagement or neglect of any of them, the said appearers or of any of the rest of the crew of the said vessel, but solely and entirely to the causes, perils and accidents before mentioned and that during the said time, they and the remainder of the crew of the said vessel, used their utmost endeavour and exertions to preserve the said vessel and her cargo from loss and damage.
    To the truth of all which said several matters and things herein before alleged and declared, they, the said appearers have duly and severally made oath on the Holy Evangelists, before us, the said Notary and subscribing witnesses.
    Now therefore that these presents may enjoy full force and effect, I, the said Notary, have protested and by these presents, do most solemnly protest against all and every person and persons whomsoever, whom it doth, shall or may in any wise concern, for and on account of all, and all manner of damages, losses, prejudices and detriments whatsoever, which the said barque or vessel called the Colborne and her cargo, or either of them, or any part thereof, have or hath already sustained, or may hereafter sustain, and also against all charges and expenses whatsoever, which the said barque or vessel called the Colborne and her cargo, or either of them, or any part thereof, have or hath already sustained or may hereafter sustain and also against all charges and expenses whatsoever, which the owners or freighters thereof, or any or either of them, or any person or persons whomsoever, may be put to or sustain, for or by any reason or means of the aforesaid accident or loss, or otherwise relating thereto.
    All which matters and things are declared, alleged and affirmed as aforesaid as set forth in the presence of the said Notary and subscribing witnesses, and therefore I have hereunto subscribed my name, being requested to testify and certify the premises.		  
            Thus done, protested and sworn to at Port Daniel, in the County of Bonaventure, in the District of Gaspé and Province of Lower Canada, (where no stamps are used) on the day and in the month and year herein first above written.
    In faith and testimony whereof the said Alexander Mavor, William Abbiot, and Joseph Acteson and Henry Lombard Hudson have hereunto set their hands and affixed their respective seals in the presence of Peter Winter, Esquire, of New Carlisle, at present at Port Daniel, attorney at law, and Mr. Leger Lambert of Port Daniel aforesaid, witnesses to the due execution hereof and in the presence of, and with me, the said Notary, also hereunto severally subscribing these presents, having been first duly read.
    N.B. ______ marginal notes approved are good,
    and ______ words struck out are null.		  
  P. Winter   Alexander Mavor  
  } Witnes ses Joseph Acteson,  
  Leger Lambert   William Abbiot  
      Henry Lombard Hudson  
        M. Sheppard,
N.P.		  
 
 
Back Index Next

G.R. Bossé©1998. Posted Nov. 1, 1998. Updated Nov. 16, 2002.

Hosted by www.Geocities.ws

1