OCS Study 

BOEMRE 2011-040 

 

Shipwreck Research 

in the New Orleans Notarial Archives

U.S. Department of the Interior 

Bureau of Ocean Energy Management, 

 Regulation and Enforcement 

Gulf of Mexico OCS Region 
U.S. Department of the Interior

Bureau of Ocean Energy Management, 

 Regulation and Enforcement 

Gulf of Mexico OCS Region 

OCS Study 

BOEMRE 2011-040 

Shipwreck Research 

in the New Orleans Notarial Archives 

Authors 

John K. Rawls 

Dayna Bowker Lee 

Prepared under BOEMRE Contract 

M09PX00196 

by 

Earth Search, Inc. 

4212 St. Claude Avenue 

New Orleans, LA 70117 

Published by 

New Orleans

October 2011 
iii

DISCLAIMER 

This report was prepared under contract between the Bureau of Ocean Energy Management, 

Regulation and Enforcement (BOEMRE) and Earth Search, Inc (ESI). This report has been 

technically reviewed by the BOEMRE, and it has been approved for publication. Approval does 

not signify that the contents necessarily reflect the views and policies of the BOEMRE, nor does 

mention of trade names or commercial products constitute endorsement or recommendation for 

use. It is, however, exempt from review and compliance with the BOEMRE editorial standards. 

REPORT AVAILABILITY 

This report is available only in compact disc format from the Bureau of Ocean Energy 

Management, Regulation and Enforcement, Gulf of Mexico OCS Region, at a charge of $15.00, 

by referencing OCS Study BOEMRE 2011-040. The report may be downloaded from the 

BOEMRE website through the Environmental Studies Program Information System (ESPIS). 

You will be able to obtain this report also from the National Technical Information Service in the 

near future. Here are the addresses. You may also inspect copies at selected Federal Depository 

Libraries. 

 U.S. Department of the Interior U.S. Department of Commerce 

 Bureau of Ocean Energy Management, National Technical Information Service 

 Regulation and Enforcement 5285 Port Royal Road 

 Gulf of Mexico OCS Region Springfield, Virginia 22161 

 Public Information Office (MS 5034) Phone: (703) 605-6040 

 1201 Elmwood Park Boulevard Fax: (703) 605-6900 

 New Orleans, Louisiana 70123-2394 Email: bookstore@ntis.gov

Telephone requests may be placed at 

 (504) 736-2519, 1-800-200-GULF, or 

Rush Orders: 1-800-553-6847 

Fax: (504) 736-2620 

CITATION 

Rawls, J.K. and D. Bowker Lee. 2011. Shipwreck research in the New Orleans Notarial 

Archives. U.S. Dept. of the Interior, Bureau of Ocean Energy Management, Regulation and 

Enforcement, Gulf of Mexico OCS Region, New Orleans, LA. OCS Study BOEMRE 2011-

040. 694 pp. 

ABOUT THE COVER 

The Cover Graphic was created by Earth Search, Inc. using ESRI World Imagery to show the 

distribution of sea protests over space and time. 
v

TABLE OF CONTENTS 

Page 

LIST OF TABLES ........................................................................................................................ vii

CHAPTER 1: INTRODUCTION .................................................................................................. 1

Report Organization .................................................................................................................. 1

CHAPTER 2: PREVIOUS BOEMRE-SPONSORED SHIPWRECK STUDIES ......................... 3

Gagliano (1977) Volumes I, II, and III ..................................................................................... 3

Garrison et al. (1989) Volumes I, II, and III ............................................................................. 4

Pearson et al. (2003) Volumes I, II, III ..................................................................................... 5

CHAPTER 3: RESEARCH METHODOLOGY AND RECOMMENDATIONS ........................ 7

Introduction ............................................................................................................................... 7

Data Gathering and Processing ................................................................................................. 8

Shipwreck Locations ................................................................................................................. 9

Vessel Types ........................................................................................................................... 11

Recommendations for Future Research .................................................................................. 12

CHAPTER 4: REFERENCES ..................................................................................................... 13

CHAPTER 5: ADDITIONAL TABLES ..................................................................................... 15

APPENDIX A: SHIP PROTESTS AND THEIR TRANSCRIPTS ............................................ 25
vii

LIST OF TABLES 

Page 

Table 1. Notaries Included in the Present Study ............................................................................ 9

Table 2. Types of Vessels Described in the NONA Sea Protest. ................................................ 12

Table 3. Marine Ship Losses. ....................................................................................................... 17

Table 4. Interior Waterways Ship Losses. ................................................................................... 20
1

CHAPTER 1: INTRODUCTION 

In November 2009, Earth Search, Inc. (ESI), was contracted by the Minerals 

Management Service (MMS) (now the Bureau of Ocean Energy Management, Regulation and 

Enforcement [BOEMRE]) to identify and obtain photocopies of sea or ship protests held by the 

New Orleans Notarial Archives (NONA) and to develop probability locations of shipwrecks 

based on the acquired historic data. The current research involved archival data collection to 

update, expand, and evaluate the existing shipwreck database developed by BOEMRE. Since the 

1970’s, such studies have resulted in an in-house database containing over 3,000 entries, derived 

from secondary sources and other existing databases. Despite this research, several historic 

shipwrecks have been identified in industry surveys on the Outer Continental Shelf (OCS) that 

appear to have no corresponding analog in the BOEMRE database. It was long believed that 

these vessels were simply lost to the historical record and the documentation on the event of their 

loss was no longer extant. It now appears, however, that previous researchers contracted by the 

former MMS overlooked the potentially rich source of information at the NONA, which houses 

the City of New Orleans notary records from 1733 to 1970. A large number of these documents 

relate to bills of sale, wills, and property inheritance matters; however, among the documents are 

sea protests. This archival source of information was not accessed by previous researchers yet 

contains a wealth of previously unknown information about historic shipwrecks in the Gulf of 

Mexico (GOM). The information provided by the present study will aid BOEMRE in fulfilling 

its obligations to consider impacts to archaeological resources by energy industry activities under 

Section 106 of the National Historic Preservation Act (NHPA) of 1966. 

REPORT ORGANIZATION

Chapter 2 summarizes the previous investigations that have been used to create the 

BOEMRE database. Chapter 3 provides the methodology for the current research and associated 

recommendations. Chapter 4 presents the references cited and Chapter 5 provides the tables 

discussed in this report that were not incorporated into the text. Finally, Appendix A includes 

scans of each ship protest followed immediately by the corresponding transcription. 
3

CHAPTER 2: PREVIOUS BOEMRE-SPONSORED SHIPWRECK 

STUDIES 

The current project represents one of several studies sponsored by the BOEMRE 

(formerly MMS) aimed at identifying historic shipwrecks that may be present in the Outer 

Continental Shelf (OCS). Studies conducted in 1977 (Gagliano 1977), 1989 (Garrison et al. 

1989), and 2003 (Pearson et al. 2003) were directed specifically at collecting information on 

historic shipwreck resources in the region. The data produced by these multi-faceted research 

studies were used to help design and guide a remote-sensing survey program intended to identify 

cultural resources on the Gulf of Mexico OCS. The previous shipwreck studies conducted to 

develop the current BOEMRE shipwreck database are presented below. 

GAGLIANO (1977) VOLUMES I, II, AND III

In 1977, Coastal Environments, Inc. (CEI), conducted a cultural resources evaluation of 

the Northern Gulf of Mexico Continental shelf. This extensive study, consisting of three 

volumes, includes a broad study area extending throughout the coastal areas of the GOM from 

the Rio Grand River to the Florida Keys. It evaluated the probability of sub-aqueous prehistoric 

and historic archaeological resources in the northern GOM. 

Volume I is entirely devoted to offshore prehistoric site potential. It reviewed 

geomorphological data to interpret the probability of locating submerged prehistoric sites. 

Gagliano presents a method for forming hypotheses about the nature of the archaeological 

possibilities of the OCS that could be tested with the limited sort of data available at the time of 

publication. The author divided the OCS into three categories: Eastern, Central, and Western 

corresponding to adjacent areas on land. Archeological literature of land areas was reviewed to 

identify major cultural manifestations, by time and type, which can be predicted to have occurred 

similarly on the OCS in the time periods when and where it was exposed concurrently. An 

inventory was given of known sites in the Northern Gulf area that were occupied from 55,000 

B.P. to 3500 B.P. Age, ecofacts, artifacts, and associated landforms of these typical sites were 

discussed. The methodology developed with this study is illustrated by a case study of the 

Mississippi Delta Area (Gagliano 1977: I,iv). 

Volume II is a predictive study of shipwrecks that occurred in the northern GOM 

between 1500 A.D. and 1945 A.D. The nature of shipping, the character of the vessels, sailing 

practices in use, and routes were considered chronologically, with a discussion and presentation 

grouped into four periods: 1) 1500-1699 A.D.; 2) 1700-1819 A.D.; 3) 1820-1865 A.D.; and 4) 

1865-1945 A.D. Through archival research, a list of 1,904 reported losses and wrecks was 

compiled; however, it is estimated that the total number of significant shipwrecks in the study 

area is between 2,500 and 3,000 (Gagliano 1977:I, iv-v). 

Gagliano concluded that of the total shipwreck population, approximately 70 percent date 

from the 19th and 20th centuries. The remaining 30 percent, the shipwrecks from the 16th, 17th, 

and some from the 18th century offer data, which, unlike the information for more recent 

shipwrecks, may be unavailable for any other source (Gagliano 1977:I, iv-v). 
4

Gagliano revealed that approximately two-thirds of the total number of shipwrecks in the 

northern GOM are within 1.5 kilometers (km) (0.93 miles [mi]) of the coast. Also, another 500 

shipwrecks probably lie between the 1.5-km (0.93-mi) and 10-km (6.2-mi) line. For the most 

part, shipwrecks are associated with approaches to seaports, straits, shoals, or reefs, and along 

well-established sailing routes. In addition to shipwrecks, Gagliano discussed a number of 

danger zones on the continental shelf where hazardous material such as bombs, missiles, and 

other ordnance are known to occur, as well as other areas that have been used for waste dumping 

that may have concentrations of modern artifacts (Gagliano 1977:I, iv-v). 

Volume III consists of oversized maps that illustrate high probability areas for both 

prehistoric and historic cultural resources. The current project area has been identified as high 

probability for submerged cultural resources within the northern GOM. In addition, historic sea 

routes were plotted in the northern GOM (Gagliano 1977:III). 

GARRISON ET AL. (1989) VOLUMES I, II, AND III

In 1989, the Texas A&M Research Foundation conducted a study for MMS (now 

BOEMRE) (Garrison et al. 1989) to identify high-probability areas and establish remote-sensing 

survey guidelines and equipment requirements most appropriate for locating historic shipwrecks 

on the OCS in the GOM. The objectives of this study were divided into two tasks. Task I 

provides a collection, evaluation, and synthesis of archaeological, environmental, and geographic 

data to evaluate and redefine the Cultural Resource Management Zone 1 (CRMZ1) in the Gulf. 

The CRMZ1 is an area considered to have a high probability for the occurrence of historic 

shipwrecks. Task II was designed to establish an interpretive framework that would help 

identify the nature of magnetic anomalies and side-scan sonar contacts within the CRMZ1. Field 

studies were conducted to determine the relationship between line spacing of magnetometer and 

side-scan surveys and the percentage of objects detected on the seafloor. These data were then 

analyzed to investigate whether remote sensing data gathered during a cultural resource survey 

could discriminate between a cultural resource and recent debris (Garrison et al. 1989:I, iii). 

The results from Task I indicated an increased distribution of shipwrecks in the eastern 

Gulf beyond the present CRMZ1 boundary but a low preservation potential at these wreck sites, 

and a higher potential of finding shipwrecks around historic port areas in the central and western 

Gulf because of higher preservation potential (Garrison et al. 1989:I, iii). 

Recommendations to relocate the CRMZ1 based upon both the distribution of reported 

shipwreck locations and their preservation potential were made. It was proposed that the 

CRMZ1 should be moved to within 10 km (6.2 mi) of the Gulf Coast and that specific higher 

probability zones should be delineated outside the CRMZ1 that reflect the increased frequency of 

wrecks in the vicinity of ports and certain hazards (Garrison et al. 1989:I, iii). 

The results of Task II indicated that magnetic anomalies increase in direct proportion to 

area surveyed, i.e., the 150 meter (m) (492.2 foot [ft]) line interval detects one-third of the 

anomalies compared to a 50 m (164.1 ft) line interval survey; survey areas with oil and gas 

structures have higher numbers of magnetic anomalies than undeveloped survey areas; and the 

survey methods used for cultural resource surveys during the time of this study were not 
5

sensitive enough to differentiate between modern debris and a potential cultural resource 

(Garrison et al. 1989:I, iii). 

Other methods can more confidently differentiate between modern debris and 

shipwrecks. One method formed the basis of the recommendations on Task II, which suggest 

using 50 m (164.1 ft) lane spacing for survey areas having a high potential for shipwrecks. The 

recommendations in both Task I and II combine to reduce the general survey area on the OCS 

but increase the effectiveness of the surveys in areas that have a high probability of both 

shipwreck density and preservation potential (Garrison et al. 1989:I, iii). 

PEARSON ET AL. (2003) VOLUMES I, II, III 

This study represents the most recent undertaking to refine the model of shipwreck 

distributions presented in the 1989 (Garrison et al., 1989) study and reevaluate the survey 

strategies and instrumentation recommended. This study involved four principal tasks. Task 1 

involved archival data collection to update, expand, and evaluate the shipwreck database 

produced in the 1989 study, and the development of a new database. Task 2 involved the 

correlation of shipwreck data with other sorts of submerged object data from the GOM, such as 

reported snag and hang data and objects and vessels identified during offshore remote-sensing 

surveys. This task included diving on selected offshore targets to determine their identity. Task 

3 involved conducting magnetometer surveys at two selected shipwreck locations using differing 

equipment and survey strategies to compare and evaluate the instruments, refine the survey 

strategies currently used, and determine the minimally acceptable survey line spacing for 

detecting historic shipwrecks. Task 4 involved the synthesis of collected data, the preparation of 

a revised predictive model for shipwrecks in the GOM relying on the findings of Tasks 1 and 2, 

making recommendations on survey instrumentation and strategies that would be the most 

effective in locating these shipwrecks relying on the findings of Task 3, and preparing a technical 

report of findings (Pearson et al. 2003:II, 1.3-1.4). 

Task 1 involved the collection of information on reported and known shipwrecks in the 

GOM from a variety of sources to expand the information presented in the 1989 study. In this 

study, the 1989 shipwreck database was revised and expanded to include a number of variables 

on vessel characteristics and circumstances of loss that might aid in wreck identification if 

discovered. All of the information on shipwrecks collected during Task 1 was incorporated into 

a relational database (Microsoft Access) and into a GIS program (ArcView) that continues to 

serve as a tool by BOEMRE personnel for the continued assessment and monitoring of 

shipwreck data in the GOM. Data on a number of variables relating to the characteristics of 

vessels and objects were collected for the more than two thousand entries included in the 

shipwreck database. The sample of reported shipwrecks was examined in terms of a variety of 

factors such as year of loss, season of loss, types of vessels, causes of loss, etc., in an effort to 

characterize the population of wrecks that exists in the GOM (Pearson et al. 2003:II, 2.14-2.15). 

Task 2 entailed the comparison of the collected shipwreck data against other classes of 

submerged objects, such as reported snags and hangs, to determine if spatial correlations existed. 

In an effort to determine if reported hangs and unidentified objects equated with shipwrecks,

remote-sensing survey and diving were conducted at selected hang sites, unknown objects, 
6

unknown vessels, and reported shipwreck locations. Twenty target areas, which actually 

represented 52 recorded target locations (i.e., hangs, unknown vessels, obstructions, etc.), 31 of 

which were reported hang locations, were selected for both survey and subsequent diver 

investigation. Of the targets investigated, only three could have been or caused a hang site: a 

modern shipwreck and two areas of modern debris associated with the oil industry. These results 

raised numerous questions, the least of which is accuracy of hang coordinates, especially in light 

of the fact that of the 31 hang locations only 10 percent were found to actually contain objects 

that could result in a hang (Pearson et al. 2003:II, 5.1-5.4). 

Task 3 required a survey to be conducted over two known shipwrecks (Josephine and 

Rhoda) at varying transect intervals with a Geometrics 866, a Geometrics 881 cesium 

magnetometer, a Geometrics 877 proton precession magnetometer, and a SeaSPY Marine 

Magnetics Overhauser-type magnetometer. A submersible base station was also employed to 

determine its applicability to offshore surveys as it might apply to post-mission processing of 

magnetic data. All four magnetometers were run on three grids of varying intervals and speeds 

over the two shipwrecks in order to assess how each instrument recorded the same wreck site 

and, if differences were present, determine if these findings predicated changes to the current 

BOEMRE required survey methodology in the GOM. This aspect of the investigation was not a 

contest to determine which instrument recorded the highest gamma amplitude or deviation at the 

greatest spaced interval, nor was it a controlled laboratory experiment where a sensor could be 

pulled past a piece of iron of a known mass along an unwavering track spaced at an exactly 

known distance unaffected by wind or current. Rather, this part of the study was a field trial 

conducted to simulate an actual survey environment, with Josephine situated in a high-current, 

open-ocean location and Rhoda in a somewhat protected bay environment (Pearson et al. 

2003:II, 6.23-6.24). 

Task 4 involved developing a revised model for shipwreck occurrences in the GOM. The 

development of a new model required an evaluation of the 1989 model of shipwreck 

distributions now used to direct offshore surveys. This evaluation found that there is 

considerable unreliability in the 1989 model’s identification of high probability areas. Data from 

offshore remote-sensing surveys reveal that there is no statistically significant difference 

between finding a shipwreck in a designated high probability area and finding one in any other 

area. In the development of a new model an effort was made to increase the predictability of 

historic shipwreck locations, and the resulting identifications of high-probability areas, by 

incorporating quantitative measures of “reliability” into the positions of loss recorded for 

reported shipwrecks. This information, in conjunction with patterns of shipwreck density 

distributions, is used to identify high-probability zones and individual clusters of highprobability lease blocks in the GOM. The new model identifies considerably more highprobability lease blocks in the GOM than did the 1989 study. Task 4 also included 

recommendations for survey instrumentation and strategies based on the findings of Task 3. It 

was found that all magnetometers used during the study performed well in the field trials, but it 

is recommended that a closer transect interval than the 50 m (164.1 ft) now used should be 

considered for high-probability areas. Additionally, the functionality of submersible base stations 

is discussed, as are the relationships of magnetic duration and amplitude relative to vessel speed, 

and comments are provided on several factors that influence the conduct of BOEMRE surveys in 

the GOM and the subsequent analysis of data (Pearson et al. 2003:I-iv). 
7

CHAPTER 3: RESEARCH METHODOLOGY AND 

RECOMMENDATIONS

INTRODUCTION

The notarial function dates to ancient Rome when literate scribes manned stalls in local 

marketplaces and recorded contracts and commercial transactions for the largely illiterate general 

public. Over time, the requirements to serve as notary have varied from country to country. In 

England and its former colonies notaries are generally civil lawyers, while in the United States 

little or no training is required. Notaries in the U.S. are typically appointed by either the 

governor or secretary of state of their respective states and their authority is restricted to the 

state, and sometimes the county or parish, in which they serve. The act of a notary in 

authenticating or certifying a document is technically called a “notarial act.” Notaries also 

prepare ship protests and protests relating to mercantile matters (Chisholm 1911:822-823). 

N.P. Ready (2002:19) described the duties of the notary as follows. 

Generally speaking, a notary public... may be described as an officer of the 

law... whose public office and duty it is to draw, attest or certify under his official 

seal deeds and other documents, including wills or other testamentary documents, 

conveyances of real and personal property and powers of attorney; to authenticate 

such documents under his signature and official seal in such a manner as to render 

them acceptable, as proof of the matters attested by him, to the judicial or other 

public authorities in the country where they are to be used, whether by means of 

issuing a notarial certificate as to the due execution of such documents or by 

drawing them in the form of public instruments; to keep a protocol containing 

originals of all instruments which he makes in the public form and to issue 

authentic copies of such instruments; to administer oaths and declarations for use 

in proceedings... to note or certify transactions relating to negotiable instruments, 

and to draw up protests or other formal papers relating to occurrences on the 

voyages of ships and their navigation as well as the carriage of cargo in ships. 

Sea protests were filed preferably by the ship or boat captain to protect the ship owner or 

charterer as well as the crew from claims of damage caused by problems that developed during 

the voyage. Although the present study includes primarily 19th-century notarial acts (see 

below), sea or ship protests continue to be registered in port cities worldwide today, although 

they are often filed with customs agents. 

The preponderance of protests in the 19th century led to the creation of a sea protest 

form, ca. 1850. Notarial records preserved at the New Orleans Notarial Archives “date from 

1733 to 1970, during the time of Civil Law notarial practice when notaries archived their own 

records. The records are arranged the way they were created – by notary and then by date” 

(NONA, accessed 7 September 2010). This study examined the records of only about 15 percent 

of the notaries whose records are held in the New Orleans Notarial Archives (see below). 
8

DATA GATHERING AND PROCESSING

Between 24 November 2009 and 24 March 2010, ESI identified and obtained 

photocopies of sea or ship protests held by the New Orleans Notarial Archives (NONA). Over 

1,000 notaries served in New Orleans between 1733 and 1970, but typescript indices for the 

volumes of only 84 notaries were prepared by Works Progress Administration workers in the 

1930s. Due to time constraints, the notaries in this study were chosen from those with typescript 

volume indices. It is estimated that within the four-month data-gathering period, the records of 

12 (approximately 15 percent) of those notaries were reviewed. It is likely that not all of these 

84 notaries recorded sea protests, but there is no way of knowing who did or did not without 

reviewing the indices for each volume. No comprehensive index to the records contained within 

the NONA exists. 

A review of the index to the French colonial era records (ca. 1718-1766) identified two 

sea protests, neither of which involved vessel loss or destruction. A review of Spanish era 

indices revealed that many were organized using only the names of those involved in the various 

transactions without noting the action involved, making identification of sea protests a more 

cumbersome process. Coupled with the time involved in translation, it was decided that in order 

to make the best use of limited research time Spanish colonial era records (1766-1803) would not 

be included in this effort unless specifically recommended by NONA staff. Research began with 

a general survey of the NONA sea protest database, followed by a survey of notaries identified 

by NONA staff as having a high number of sea protests within their records. 

Following the review and elimination of the French era protests, a survey was conducted 

of records in the sea protest database initiated by Sally Reeves during her years as head archivist 

at NONA. Contacted by NONA staff, Ms. Reeves, who is now retired, noted that the database 

included many but not all of the notaries identified by Ms. Reeves as having handled a large 

number of sea protests over the course of their careers. Ms. Reeves stressed that the database 

remains incomplete. Despite the more than 600 records contained therein, only three vessel 

losses were identified in the existing database. Subsequently, a survey of sea protests found in 

the volume indices of individual notaries suggested by NONA staff was initiated. Due to the 

limited research time, it was determined that copies of all documents identified as sea protests 

with vessel loss would be photocopied for later analysis. Identified protests were photocopied by 

NONA staff, scanned, and converted to pdfs. Copies of the protests were stored on ESI’s 

mainframe. Photocopies were duplicated and both copies stored in separated locations. 

Photocopies were examined for clarity and, if necessary, were recopied to obtain the clearest 

image. 

A total of 122 documents notarized by twelve individual notaries were photocopied 

(Table 1). Of that number, 85 protests (70 percent) were filed in response to vessel losses in the 

interior continental riverways (Table 4), and 37 (30 percent) documented maritime losses, 23 of 

which were in the Gulf of Mexico (Table 3). Protest dates ranged from 1804-1900, the majority 

of which (118 or 96.6 percent) dated to the antebellum period (ca. 1812-1861). Three protests 

(2.4 percent) were recorded during the territorial period (ca. 1803-1812), and one (.008 percent) 

was recorded in 1900. 
9

Table 1. Notaries Included in the Present Study 

Last Name First, Middle Beginning Date End Date

Barnett Emile 8/1/1890 10/31/1902

Broutin Francisco 8/1/1790 7/31/1799

Christy William 5/25/1827 12/30/1857

Claiborne John 3/1/1850 11/30/1854

Duncan J.N. 5/1/1857 4/30/1859

Fitch Eliphalet 8/17/1872 7/16/1880

Gordon Hugh K. 12/29/1824 111/30/1829

Hermann Lucien 11/30/1839 3/31/1850

Lynd John 4/24/1805 1/3/1820

Munhall Francis 6/28/1805 8/27/1806

Pollock Carlile 4/30/1817 12/31/1845

Soria Jacob 11/1/1850 5/30/1853

Stringer G.R. 3/2/1843 9/30/1849

The 122 sea protests were transcribed into MS word files. Punctuation was added and 

common misspellings were corrected within the transcription process. Errors such as misspelled 

names, irregular grammar use, misidentifications, and so forth were noted using [sic]. Common 

nautical terms were not defined, but obscure or archaic terms were defined when possible. Every 

effort was made to provide as complete a transcription of each document as was possible and 

most transcriptions are complete. In cases of illegibility, original documents were reexamined 

and clearer copies obtained if the originals proved legible. In some cases, due to the age of 

original documents, fading of ink, document damage, and binding, verbatim transcriptions were 

impossible and missing words were identified as [illegible]. Page numbers listed for documents 

are somewhat misleading, as two to three printed pages often equate to one notarial page—e.g., 

notarial page 110 could actually be comprised of two to three pages of text. Transcriptions were 

housed on the computers of those engaged in transcribing the documents and transcriptions were 

uploaded to the ESI mainframe upon completion of each one. 

After consultation with BOEMRE personnel, ESI decided to enter data into a Microsoft 

Excel file that utilized the data fields contained within the BOEMRE shipwreck database. Sea 

protest documents were reviewed weekly and pertinent information for each protest was entered. 

The Excel file was located on the computer used by the ESI staff member assigned to process the 

documents and backed up to the ESI mainframe each time that data was entered. The Excel file 

was converted to a Microsoft Access database; original document images and transcriptions of 

each protest were linked to each record. 

SHIPWRECK LOCATIONS

The procedures for assigning geographic coordinates to reported shipwreck losses are the 

same as those used in the Garrison et al. (1989) and Pearson et al. (2003) studies. For the current 
10

research, the precise locational information for vessel losses was difficult to obtain. Few 

documents contained latitude-longitude information; and those that did include latitude-longitude 

did not do so as reference for the wreck locations themselves. When possible, locational 

references such as lighthouses or islands were identified. These descriptions have been included 

in the “Nearest Landmark” section of the Access format shipwreck database accompanying this 

report. The purpose of including these descriptions is to provide researchers access to the data 

from which the coordinates were developed. When only descriptive statements were provided, 

researchers acquired the geographic coordinates by plotting the position of the wreck in 

ArcView. For example, if the description of loss stated that the vessel sank “approximately 5 

miles below Bougere's Landing, Concordia Parish, La., Mississippi River,” this location was 

determined by scaling distance from a said landform and/or river feature in ArcView. Some 

location names are no longer in use, but were identified using Bragg’s (1977) study of historic 

Mississippi River place names. A variety of geo-referenced maps and navigation charts were 

utilized to identify landforms and locations described in the sea protests. It must be understood, 

however, that an uncertain amount of error can be incorporated in the coordinates obtained from 

these types of descriptions. Coordinates in the current NONA database are provided as decimal 

latitude and longitude, a format that allows the mapping of wreck distributions in GIS formats. 

Of the 122 documents reviewed, locational information for 83 vessel losses could be determined. 

More historic research is recommended for the remaining entries, as locational information was 

deemed too vague to provide a relative location. 

An important variable in determining the location of a shipwreck is the “Location 

Reliability” section of the database. This section in the database provides an assessment of the 

reliability of the location of vessel loss provided in the form by using a numerical scale ranging 

from 1, very high reliability, to 4, very low reliability. The four reliability factors used are 

described below. 

1. Wreck location is confirmed through physical verification and has been 

accurately positioned (e.g., with GPS or on an accurate, modern map) or is 

identified on the basis of accurately positioned remote-sensing survey. 

The location is considered to be very reliable such that a wreck would be 

easy to relocate using standard DGPS equipment. 

2. A specific location is provided for a wreck or a vessel loss by an informant, 

reported in the literature, or on a map. Included in this category are 

wrecks or losses whose position is given to at least the nearest actual 

minute of latitude and longitude, to a specific offshore lease block, and 

those that have been discovered and positioned using Loran equipment. 

The location reliability of these wrecks or losses is considered to be 

moderate to good. It is anticipated that these wrecks could be discovered, 

but discovery would require a moderate amount of field survey with 

remote-sensing equipment, and may require additional historical research. 

3. A general location for a wreck or a vessel loss is provided by an informant 

or in the literature. Included in this category are vessels whose locations 

of loss are given only in degrees of latitude and longitude. Also included 
11

in this category are vessels whose general position of loss is provided in 

relation to a known landmark, such as “10 miles south, southeast of Ship 

Island.” The location reliability of these wrecks or losses is considered to 

be fair to poor. Discovery of wrecks included in this category could be 

very difficult and commonly would require a considerable amount of 

historical research and/or remote-sensing survey. 

4. Unreliable or vague location information is provided on a wreck or place 

of loss of a vessel. Examples would include many early accounts of vessel 

losses such as reports of vessels lost in hurricanes “near latitude such and 

such” or other general indications of loss, such as “30 miles off Padre 

Island,” “off the coast of Louisiana,” “south of Galveston,” or “between 

Galveston and New Orleans.” Directed searches for these vessels are 

nearly impossible and their discovery will mainly be by chance. 

The use of these reliability factors in the current study is the same established in the 

Pearson et al. 2003 study and represents an effort to determine how useful assigned wreck 

locations can be to various types of analyses. However, the assignment of a reliability value in 

many cases throughout the current research is partially subjective due to the nature of the 

original shipwreck data. Analysis of the 122 sea protests housed at NONA and included in this 

study has determined that 84 wrecks have a locational reliability of 3 and 37 have the locational 

reliability of 4. Only 3 have the locational reliability of 2. 

VESSEL TYPES 

A large variety of vessel types have been used and lost in the inland rivers and the GOM. 

Review of the 122 sea protests at NONA described nine different watercraft types. These vessel 

types ranged from riverine craft such as flatboats, keelboats, steamboats, and barges to oceangoing vessels including ships, brigs, schooners, sloops, and steamships. The most common type 

of riverine watercraft described in the sea protests is the flatboat and the most common type of 

ocean-going vessels is the schooner. In the current research, “Classification” was determined for 

122 entries resulting in the identification of a total of nine different types of vessels. 

The designation of a “Vessel Type” was principally derived from the NONA sea protests. 

In most instances this resulted in a functional descriptor (e.g. barge, flatboat, keelboat), but often 

in a more general statement about the rig or form of propulsion of the vessel (e.g., schooner, 

bark, brig, etc.). As noted by Pearson et al. (2003), there is not a universal method to develop a 

typology system. The one used in the current research results in a relatively small number of 

types, most but not all of which are somewhat functional in nature. For example, “Schooners” 

comprised the third largest number of vessel types (n=22) described in the sea protests, but this is 

a category determined by the rig configuration, which can include a variety of functional types of 

vessels, such as merchant vessels, fishing vessels, etc. The historic sea protests examined do not 

provide for an accurate functional classification system of most of the vessels included in the 

schooner category. 
12

Table 2. Types of Vessels Described in the NONA Sea Protest. 

Vessel Type Code Number

Barge BGE 1

Barque BRK 4

Brig BRG 8

Flatboat FB 49

Keelboat KB 5

Schooner SCH 22

Ship SHP 8

Sloop SLP 1

Steamboat ST 24

TOTAL 122

RECOMMENDATIONS FOR FUTURE RESEARCH

The sheer volume of documents contained within the NONA would suggest that 

additional research is warranted. Only two shipwrecks already included in the BOEMRE 

shipwreck database were discovered during the course of the present research, and only 15 

percent of the indexed notarial records were reviewed due to time constraints. If a second phase 

of this project is implemented, it is recommended that protests should be reviewed prior to 

photocopying at NONA in order to reduce or eliminate the number of protests involving riverine 

wrecks. This step will increase the amount of time devoted to data gathering; however, this 

increase would likely be balanced in the transcription phase. Pre-screening protests at NONA 

would allow research assistants to limit document selection to maritime protests that are of 

greater interest to BOEMRE. 
13

CHAPTER 4: REFERENCES 

Bragg, M. 1977. Historic names and places on the lower Mississippi River. Mississippi River 

Commission, Vicksburg, Mississippi. 

Chisholm, H. 1911. Encyclopedia Britannica: A dictionary of arts, sciences, literature and 

general information, Volume XIX. The Encyclopedia Britannica Co., New York. 

Gagliano, S.M. 1977. Cultural resources evaluation of the northern gulf of mexico continental 

shelfL: Volumes I, II, and III. Report submitted to the National Park Service, Washington 

D.C. 

Garrison, E.G, C.P. Giammona, F.J. Kelly, A.R. Tripp, and G.A. Wolff. 1989. Historic 

shipwrecks and magnetic anomalies of the northern Gulf of Mexico: Reevaluation of 

archaeological resource management zone 1: Volumes I, II, and III. U.S. Dept. of the 

Interior Minerals Management Service, Gulf of Mexico OCS Regional Office, New Orleans, 

LA. OCS Study MMS 89-0023, 89-0024, and 89-0025. 12, 241, and 248 pp., respectively.

Pearson, C.E., S.R. James, Jr., M.C. Krivor, S.D. El Darragi, and L. Cunningham. 2003. 

Refining and revising the Gulf of Mexico outer continental shelf region high-probability 

model for historic shipwrecks: Volumes I, II, and III. U.S. Dept. of the Interior, Minerals 

Management Service, Gulf of Mexico OCS Region, New Orleans, LA. OCS Study MMS 

2003-060, 2003-061, and 2003-062. 13, 338, and 138 pp., respectively. 

Ready, N.P. 2002. Brooke’s notary, twelfth edition. Sweet & Maxwell Limited, London. 
15

CHAPTER 5: ADDITIONAL TABLES 
Table 3. Marine Ship Losses.

Vessel Name Date of Loss Vessel type Cause of Loss Nearest Landmark Mary Ellen 1/5/1841 schooner

Stranded and Swamped North Chandeleur Island, about 15 miles from the north point

Jane 5/2/1851 schooner Foundered the inner point of Horn IslandGertrude 10/10/1851 ship

Stranded and Swamped a Sand Bank off of South Point, Marsh Island, Atchafalaya Bay

William C. Preston 8/11/1851 schooner Explosion

10 miles from Britton Island, west of the Chandeleur Islands, in the GuMexico

Martha Jane 3/31/1853 schooner

Stranded and Swamped

location not mentioned; 3 days sail from Savannah, Georgia, enroute to Orleans

Conception 12/23/1810 brig Foundered

the ship was found bilged and full of water on the Island of Grand Gosthe coast of Louisiana

Rising Sun 3/17/1827 schooner

Stranded and Swamped In the Galveston Bay, Galveston, Texas

Magnolia of New Orleans 11/5/1829 schooner Capsized off of Santa Rosa Island, opposite the lighthouseNeptune 8/2/1804 ship Abandoned on the southeast end of the Great [Grand] Cayman Island, CaribbeanMary Anna 9/12/1846 schooner Foundered

past [above] Cape Henry Lighthouse at Virginia Beach, VA in Atlantic Act 322]

Helen McLeod 9/12/1846 brig Foundered past [above] Cape Henry Lighthouse at Virginia Beach, VA in AtlanticAshland 1/12/1847 schooner

Stranded and Swamped South Chandeleur Island

Francis Ann 3-18/1847 brig

Stranded and Swamped on Grand Gosier Shoal near Breton Island, then driven 2-3 mi. west

Ellen & Clara 4/21/1847 brig Beached Sacraficios Island, off the coast of Vera Cruz, Mexico

17
Table 3. Marine Ship Losses.

Vessel Name Date of Loss Vessel type Cause of Loss Nearest Landmark Oscar Jones 4/26/1847 schooner Beached Sacraficios Island, off the coast of Vera Cruz, MexicoAlhambra 4/7/1847 barque Foundered near Madeira Island [Portugal] in the N. Atlantic OceanG. W. Gifford 3/6/1848 brig Abandoned in sight of Cape [San] Antonio, CubaLiverpool 1/11/1848 ship

Stranded and Swamped off the coast of Key Verde, Cuba, in the "Old Bahama Channel"

Elijah Swift 10/30/1849 bark

Stranded and Swamped the northwest point of the Great Isaacs island [Bahamas], Atlantic Ocea

Lucifer 2/17/1850 schooner Foundered

at a place called Spanish Stones on the Mississippi River, about 50 mildownstream from New Orleans

Russia 2/8/1850 ship Burned

left the mouth of the Mississippi River at SW Pass, heading south & wthe Gulf of Mexico; grounded opposite "Pilot Station"

Merchant 2/7/1845 schooner Abandoned unknown location between New York and Charleston in Atlantic OceaIonic/k 3/21/1845 barque Collided

about 12 miles to the southeast of Cape Henlopen [Delaware] lighthousthe Atlantic Ocean

Magnet 12/20/1845 schooner

Stranded and Swamped near St. Joseph's Island, outside of Aransas, Texas. Gulf of Mexico

Hamlet 12/22/1845 ship

Stranded and Swamped

on the Grand Gosier reef about 24 miles northwest of the northeast pasthe Mississippi, and five miles southeast of Breton Island, Gulf of Mex

St. Cloud 2/13/1846 ship Abandoned North Atlantic Ocean, on course for Fayal [Azores]Plymouth 4/27/1846 brig Abandoned

Shell Reef, about 25 miles from the southwest pass at the mouth of the Mississippi River, Gulf of Mexico

Bella del Mar 3/25/1846 schooner Abandoned on the bar mired in "quicksands" at Brasos de Santiago

18
Table 3. Marine Ship Losses.

Vessel Name Date of Loss Vessel type Cause of Loss Nearest Landmark Delia 7/13/1846 brig Burned on Chandeleur Island about 30 miles north of the "Balize"

El Santo Christo de las Ampollas 9/26/1806 schooner

Stranded and Swamped

on the Mississippi River about eight leagues [approximately 24 miles] the city of New Orleans

Mary 5/18/1813 schooner

Stranded and Swamped on Dog Island, near Ship Island in the Gulf of Mexico

Revolution 12/13/1813 schooner

Stranded and Swamped near Pass Heron, vicinity of Pascagoula, Miss.

Perdido 12/24/1816 schooner

Stranded and Swamped at the "Pickets" at the entrance of the Bayou St. John

Enterprise 3/15/1818 schooner Abandoned about nine miles south of the Balize, Gulf of MexicoClarissa 9/7/1817 schooner Abandoned about 8 miles southward of the Balize, Gulf of MexicoGeneral Knox 9/26/1817 ship Abandoned In the Gulf of Mexico, probably off the coast of the BaratariaRapid 12/7/1813 schooner Capsized unknown distance south of the Balize, Gulf of Mexico

19
Table 4. Interior Waterways Ship Losses.

Vessel Name Date of Loss Vessel type Cause of Loss Nearest Landmark Page Numb

T.P. Leathers 6/9/1900 steamboat Sunk

approximately 5 miles below Bougere's Landing, Concordia Parish, La., Missississippi River

Appendix APages 27-33

Walk in the Water 5/17/1829 sloop Foundered

about 100 yards out from the South point of the Manchac Pass, Lake Pontchartrain

Appendix APages 34-37

Ariel 5/7/1831 flatboat Collided

the boat was towed to the port of New Orleans where it sunk in the Mississippi

Appendix APages 38-42

"One" 2/10/1834 flatboat Collided Waterloo, Ala. On Tenn. River

Appendix APages 43-47

Not Named 11/14/1834 flatboat Collided Lower end of Flint Island, Ohio River, Kentucky side

Appendix APages 48- 5

Nashville 2/24/1835 steamboat Collided

Boat hit a snag opposite the foot of Island No. 7, Mississippi River, near Hickman County, Kentucky, boat was landed on Kentucky shore

Appendix APages 53-57

Not Named 1/25/1835 flatboat Foundered

at a landing along the Mississippi River about 12 miles above the city of New Orleans

Appendix APages 58-62

Not Named 4/8/1835 flatboat Foundered

the boat was docked at New Orleans opposite of St. Peter Street

Appendix APages 63-67

"One" 3/12/1835 flatboat

Stranded and Swamped

at Plumb [Plum] Point, Mississippi River, opposite of Oceola, Arkansas

Appendix APages 68-70

Otto 1/6/1836 steamboat Collided

the entrance to the Rigolets, coming from Lake Pontchartrain

Appendix APages 71-74

Heroine 4/12/1836 flatboat Unknown 2 miles below a place called Settler Chasm, Ohio River

Appendix APages 75-79

Daniel Webster 5/25/1836 flatboat

Stranded and Swamped

about 17 miles north of New Orleans along the Mississippi River

Appendix APages 80-83

3 12/13/1836 flatboat

Stranded and Swamped

Steward's Island, on the Ohio River about 70 miles from the Mississippi River

Appendix APages 84-88

4 12/13/1836 flatboat

Stranded and Swamped

Steward's Island, on the Ohio River about 70 miles from the Mississippi River

Appendix APages 84-88

Rosalba 3/16/1837 keelboat Foundered Island of willows, one mile from the Sodo Lake shore

Appendix APages 89-94

Hoosier 4/2/1837 flatboat Collided sunk about 1.5 miles above the city of New Orleans

Appendix APages 95-99

Temperance 3/13/1837 flatboat

Stranded and Swamped

the boat was forced to land at Cat Island, 25 miles south of Memphis, Tennessee

Appendix APages 100-1

20
Table 4. Interior Waterways Ship Losses.

Vessel Name Date of Loss Vessel type Cause of Loss Nearest Landmark Page NumbVermillion 3/2/1837 flatboat

Stranded and Swamped

the head of Stack Island, about 2 miles below Shawneetown on the Ohio River

Appendix APages 106-1

Columbus 1/14/1838 flatboat Foundered

on the Green River, near the mouth of the Mud River at Rochester, Kentucky

Appendix APages 111-1

Henry Clay

1/14 or 15/1838 flatboat Collided

in the corner of Haywood County, Tennessee, a few miles below the village called Eastananla

Appendix APages 116-1

C.J.W. No. 27 1/27/1838 flatboat Foundered

nearly opposite Byrne's sawmill, Mississippi River above New Orleans

Appendix APages 124-1

C.J.W. No. 7 2/7/1838 flatboat Foundered above the city of Lafayette

Appendix APages 129-1

C.J.W. No. 13 2/13/1838 flatboat Foundered Jefferson Parish, above the city of Lafayette

Appendix APages 134-1

Logansport 12/1/1838 steamboat Scuttled at the foot of Buck Island, Crittenden County, Arkansas

Appendix APages 139-1

Washington 11/29/1838 steamboat Scuttled

Glascock's Island, about 25 miles below Natchez, Mississippi

Appendix APages 146-1

No. 1 2/11/1839 flatboat Scuttled

Opposite of Hampton's plantation, about 15 miles below Lafourche

Appendix APages 152-1

No. 2 2/27/1839 flatboat Scuttled around Red Church, 24 miles above New Orleans

Appendix APages 158-1

Francis Marion 5/25/1839 flatboat Collided

near St. Francis Island (No. 59) in the Mississippi River, about 12 miles above the town of Helena, Arkansas

Appendix APages 163-1

Not Named 1/8/1840 flatboat Scuttled

sunk in the channel at Cash Island Bar, six miles above the mouth of the Ohio River

Appendix APages 169-1

Creole 2/22/1841 steamboat Burned

at about 10 to 11 miles below Red River Cut-off, south of Alexandria

Appendix APages 174-1

John Randolph 3/2/1841 steamboat Scuttled

at the Mississippi River bend, about 1 mile above the town of Carrolton

Appendix APages 180-1

No. 4 3/30/1841 keelboat Unknown in the port of South Florence on the Tennessee River

Appendix APages 191-1

Nashville 12/13/1842 steamboat Scuttled

in the Ouachita River about 35 miles above the town of Harrisonburg

Appendix APages 198-2

Henry Clay 12/28/1842 flatboat Collided at about 8 miles above Bonnet Carre Church

Appendix APages 203-2

21
Table 4. Interior Waterways Ship Losses.

Vessel Name Date of Loss Vessel type Cause of Loss Nearest Landmark Page NumbRob Roy 4/9/1846 steamboat Capsized

in the Mississippi River, approximately 4 miles downstream from the Girod Street wharf in New Orleans

Appendix APages 208-2

Seventy-Six 1/10/1848 steamboat Burned

on the Mississippi River, at a point called Free Port in Jefferson Parish a few miles from New Orleans

Appendix APages 212-2

Texian 3/27/1849 steamboat Burned

on the Red River about 8 miles below Baton Rouge, and opposite of Mr. Conrad's plantation

Appendix APages 217-2

Nick of the 

Woods 6/5/1855 flatboat Scuttled on the Arkansas River at the Ambrose Cutoff

Appendix APages 222-2

Melodeon 12/6/1850 steamboat Collided

on the Mississippi River, 2 miles above the town of Plaquemines

Appendix APages 226-2

Galveston 8/25/1851 steamboat

Stranded and Swamped Ship Island Shoals

Appendix APages 238-2

Charlotte 7/31/1852 Barque Burned

on the Mississippi River, leaving New Orleans, over the bar at Telegraph Station

Appendix APages 257-2

Washington 11/6/1826 flatboat Scuttled at the foot of the "Race-ground" in the Mississippi River

Appendix APages 269-2

No. One 1/10/1828 flatboat Unknown

at the foot of Islands No. 101 and 102 in the Mississippi River

Appendix APages 272-2

Not Named 5/4/1826 flatboat Foundered

In the Ohio River 30 miles above its junction with the Mississippi River

Appendix APages 280-2

Rufus Putnam 12/27/1825 steamboat

Stranded and Swamped near Point Chicot , Arkansas in the Mississippi River

Appendix APages 287-2

Lexington 8/14/1826 flatboat Foundered

In the Ohio River about 2 miles below the mouth of the Cumberland River at Smithland, Kentucky

Appendix APages 291-2

Not Named 3/31/1827 flatboat Collided

On the Mississippi at the upper limits of the port of New Orleans

Appendix APages 296-2

Not Named 4/24/1827 flatboat Foundered

On a part of the Mississippi River called "the Devil's Elbow"

Appendix APages 300-3

Columbia 12/21/1827 steamboat Burned opposite the old Fort on Bayou St. John, New Orleans

Appendix APages 308-3

Henry Tate 6/13/1828 brig Scuttled

In the Mississippi River about 20 miles above the South West Pass

Appendix APages 314-3

Not Named 10/13/1829 flatboat Scuttled

Plum Point, Mississippi River, opposite of Oceola, Arkansas

Appendix APages 318-3

22
Table 4. Interior Waterways Ship Losses.

Vessel Name Date of Loss Vessel type Cause of Loss Nearest Landmark Page NumbE. McDonald 4/27/1843 flatboat Foundered Horseshoe cut-off near Helena, Ark. On Mississippi River

Appendix APages 331-3

Lion 1/9/1847 flatboat Collided

New Orleans, Municipality No. 3, Pier No. 568, 

Mississippi River

Appendix APages 350-3

Phenix 1/5/1847 barge Collided

at the bank of the Mississippi River, near the mouth of the Francis River [north of Helena, Ark]

Appendix APages 355-3

A.B. Cooley 2/9/1847 schooner Scuttled In the Mississippi River opposite of Wilder's Bayou

Appendix APages 371-3

George Washington 3/6/1847 barge Foundered

In the Mississippi River about 16 miles above Cape Girardeau, MO

Appendix APages 377-3

Buckeye 3/4/1844 steamboat Collided

2 miles from the mouth of the Old River [near confluence w/ Mississippi River], Avoyelles Parish

Appendix APages 442-4

Number One 1/5/1845 flatboat Scuttled

the bar at Big Black Island in the Mississippi, downstream from Palmyra Island

Appendix APages 448-5

Florence 1/15/1845 steamboat Scuttled

about 1/2 mile above the foot of Island Number 63 in the Mississippi River on the Arkansas side

Appendix APages 458-4

A 2/5/1845 flatboat Foundered on the banks of Pearl River opposite Gainesville

Appendix APages 468-4

none 2/16/1845 flatboat Collided

in the Mississippi River, about five miles above the city of New Orleans

Appendix APages 474-4

none 3/8/1845 flatboat Collided

bank of river opposite Island No. 25 in the Mississippi River

Appendix APages 487-4

Mary Bell 4/22/1845 flatboat Foundered

about 40 miles below Memphis, at the head of the Counsel Bend in the Mississippi River

Appendix APages 501-5

Mount Ida 11/17/1845 flatboat Scuttled

about 7 miles below the town of Napoleon, Arkansas on the Mississippi River

Appendix APages 506-5

none 12/16/1845 flatboat Scuttled

at the foot of Slim Island about 15 miles above Shawneetown, Union County, Kentucky, in the Ohio River

Appendix APages 512-5

Number 2 1/19/1846 flatboat Foundered flat boat landing, Third Municipality, New Orleans

Appendix APages 523-5

Nebraska 1/14/1846 steamboat Scuttled

on the bar opposite Diamond's Island on the Mississippi River, about 20 miles below Vicksburg

Appendix APages 528-5

No. 4 12/26/1845 flatboat Sunk On the Ohio River, within three miles of the "falls"

Appendix APages 536-5

23
Table 4. Interior Waterways Ship Losses.

Vessel Name Date of Loss Vessel type Cause of Loss Nearest Landmark Page NumbNo. 2 12/5/1845 flatboat Sunk Battery Rock Bar, in the Ohio River, close to Jeffersonville

Appendix APages 541-5

Cherokee 1/29/1846 ship Burned

happened while proceeding in tow from the mouth of the Mississippi River towards New Orleans

Appendix APages 557-5

No. 2 2/6/1846 flatboat Scuttled

below Plum Point, eventually on sand bar at head of Island No. 34 in Mississippi River

Appendix APages 563-5

Ohio, No. 8 2/?/1846 flatboat Scuttled

Raccourci Point, about 100 miles above New Orleans in the Mississippi River

Appendix APages 571-5

Wabash Valley 3-28-1846 steamboat Collided

about one mile below Jefferson College [College Point, St. James Parish] on the Mississippi River

Appendix APages 576-5

Patriot 3/22/1846 steamboat

Stranded and Swamped

near the upper end of Lewis Island on the Tennessee River, about four miles from the mouth of the Sandy

Appendix APages 589-5

Mary 3/25/1846 flatboat Scuttled

at Ruth's Point, on the Mississippi River near the mouth of the Red River

Appendix APages 598-6

Number Two 4/9/1846 flatboat Scuttled

about 2 miles past a place called Hanging Rock in the Wabash River [southern bank, Wabash Co., Ind. Near Lagro]

Appendix APages 603-6

Swallow 2/23/1846 steamboat Scuttled on the Arkansas River, about 7 miles above Lewisburg

Appendix APages 625-6

Number 12 4/28/1846 flatboat Foundered

in the channel of the Mississippi river, near Ruths Mills and 7 miles below Grand Gulf

Appendix APages 631-6

Express Mail 4/27/1846 steamboat Scuttled

Opposite of the R. C. Bates Plantation in the Red River, about 56 miles below Shreveport [near p.d. Coushatta]

Appendix APages 636-6

Number One 3/24/1818 flatboat Scuttled sunk

Appendix APages 663-6

Sarah Washington 1/271819 keelboat Scuttled near Plumb Point in the Mississippi River

Appendix APages 666-6

none 12/15/1818 flatboat Scuttled near Plumb Point in the Mississippi River

Appendix APages 669-6

none 4/25/1819 keelboat

Stranded and Swamped

about 10 miles below the mouth of the Red River in the Little Missouri River, Arkansas

Appendix APages 672-6

Cinderella No. 2 11/15/1851 keelboat Scuttled 50 miles below Point Sefline, Yazoo River

Appendix APages 682-6

Fort Adams 12/9/1836 steamboat Abandoned between Port Hudson and Thompson Creek

Appendix APages 687-6

24
25

APPENDIX A: SHIP PROTESTS AND THEIR 

TRANSCRIPTS 
27
28
29
30
31
United States of America 

State of Louisiana, City of New Orleans 

[168A] BY THIS PUBLIC INSTRUMENT OF PROTEST, Be it known, That before 

me Emile J. Barnett, a Notary Public duly commissioned and qualified, in and for the Parish of 

Orleans, State of Louisiana, and dwelling in the City of New Orleans. 

Personally Came and Appeared W. A. Duke, Master of the Steamboat called the T. P. 

Leathers, who having therefore to wit: on the Ninth day of June 1900 and before Me, Notary, 

doth therein set forth, his PROTEST in due form of Law; now requires me, Notary, to EXTEND 

SAID PROTEST: 

 And with the said W. A. Duke ALSO CAME AND APPEARED William Penny, Pilot, 

JF Duke, Mate, Geo [illegible], Carpenter, Jno Nash, Watchman, all belonging to the said 

Steamboat all of whom begin sworn, do voluntarily, freely and solemnly DECLARE AND 

DEPOSE as follows- that is, they, the said appearers, departed in and with the said Steamboat in 

their capacities, aforesaid, from Carriola, Arkansas taking on board fuel and intending to take on 

cargo at various points on the Mississippi River and bound for the Port of New Orleans ... that 

the said Steamboat was then stout, staunch and strong; had her cargo well and sufficiently 

stowed and secured; was well masted, rigged, manned, tackled, victualed, appareled and 

appointed, and was in every respect fitted for the voyage she was about to undertake: 

They left Carriola, Ark. After taking on fuel, and proceeded down the Mississippi River, all 

things going well, the Boat making about twenty Landings along the River at different points in 

order to take on Cargo and Passengers between Carriola, Ark. And Natchez, Miss. which latter 

place was reached at 9:30 o’clock A.M. on (blank space) They left Natchez, Miss. at 10:15 A.M. 

of the same day, and proceeded on their voyage with nothing of note occurring until 3 o’clock P. 

M., of the same day, when making the Landing at Bougere’s Landing, the Boat, proceeding 

under slow steam, struck some hidden obstruction, causing her to jar and rebound. 

A hasty examination was made and it was found that there was a large hole in her Port Side, 

forward of the Boilers, abreast of the Coal Bunkers. Efforts were made to spread a tarpaulin 

over the hole and thus stop the flow of water, but, the hole being so large, the tarpaulins were 

drawn through as fast as placed; in the meantime, the Boat was headed for the Banks and a line 

run out and made fast to a post set in the ground and used for the purpose of making Boats fast 

when landing. As it was found impossible to in any way check the flow of water, which was 

running into the Boat so rapidly as to cause her to careen, and, fearing she would turn over, the 

passengers and Crew were put ashore immediately for safety. 

The strain being so great on the post that it was pulled out of the ground, and the Steamer slid out 

into the current and drifted down the River. 

The Mate and two men were sent along the Bank to follow her and try to make her fast, should 

she float near enough to the Bank, and lodge; they followed her for a distance of about five 

miles, when on account of her excessive careening, the Cabin floated off and the Hull turned 

bottom up, sinking with the Stern in about sixty feet of water and the Bow about ten feet out of 

the water. As there was no possibility of saving anything, the men left the wreck and proceeded 

to Tarbart’s Landing, and from there, to New Orleans. 

When the Boat struck the hidden obstruction, she had some passengers, about Eighty Bales of 

Cotton, about Sixteen hundred Sacks of Cotton Seed, a few sundry articles on board, and some 

money in the Safe. During the entire voyage, up to the time of striking the obstruction, all lights 

and watches were carefully attended to. 

32
MARINE NOTE OF PROTEST 

PORT OF NEW ORLEANS, JUNE 8th, 1900 

 On this Eighth Day of June, in the year of our Lord, 1900, before me, EMILE J. 

BARNETT, a duly commissioned Notary Public for the Parish of Orleans, State of Louisiana, in 

the United States of America, personally appeared W. A. DUKE, Master of the Steamboat called 

the “T. P. Leathers”, of burden of 509 Tons, or thereabouts, and declared that on the Sixth day of 

June last past, they left Carriola, Ark., with the said Steamboat, intending to stop at different 

points along the Mississippi River and there take on Cargo, That, on the Seventh Day of June, 

last past, about the hour of 2 o’clock P. M., while the said Steamer was making a landing at 

Bougere Landing, she struck a snag or some hidden obstruction, knocking a whole in her bottom, 

causing her to leak and finally to sink, and the said Master hereby enters this Note of Protest 

accordingly to serve and avail him hereafter, if found necessary. 

Sworn to & subscribed before me,} W. A. Duke 

New Orleans, June 9, 1900. 

 Emile J. Barnett, Not. Pub. 

And the said Master further says, that all the damage and injury which already has, or may 

hereafter appear to have happened or accrued to the said Steamer, Vessel or Craft or her said 

cargo, has been occasioned solely by the circumstances before stated, and cannot nor ought not 

to be attributed to any insufficiency of the said Steamer, Vessel or Craft or default or him, the 

deponent, nor of his officers and crew: WHEREUPON: he requires me, NOTARY aforesaid, to 

make his PROTEST, and this public act thereof that the same may serve and be of full force and 

value, as of right shall appertain. AND THEREUPON, the said Master doth PROTEST, and I, 

the Notary, at his instance and request do, by these presents, PUBLICLY AND SOLEMNLY 

PROTEST against winds, weather, hidden obstructions, and against every accident, matter or 

thing had and met with as aforesaid whereby or through means of which the said Steamer, Vessel 

or Craft, the owner or owners of the said Steamer, Vessel or Craft or the owners, freighters or 

shippers of her said cargo or any person or persons interested or concerned in either, already 

have or may hereafter pay, sustain, incur, or be put into by or on account of the premises, or for 

which the insurer or insurers of the said Steamer, Vessel or Craft or her cargo is or are, 

respectively liable to pay or make good by contributions or average according to custom, or their 

respective contracts or obligations; and that no part of such losses and expenses already incurred, 

or hereafter to be incurred, do fall on him, the said Master, his officers and crew. 

 THUS DONE AND PROTESTED, at my office, in the CITY OF NEW ORLEANS, 

aforesaid, this 9th day of June in the year of our Lord, one thousand Nine hundred in the presence 

of Marcel T. DuCres and John P. Casey competent witnesses, who hereunto sign their names 

with said appearers, and me, Notary. John Nash declaring to be illiterate and not learning to writ 

or sign his name has made hereto his usual mark. 

[Signatures] M. F. DuCres, John P. Casey, W. A. Duke, W. C. Penney, Jas F. Duke, G. 

[illegible], Jno “X” Nash, Emile J. Barnett, Not. Pub. 

[This document, 168A, was a supplemental document within a larger document regarding a 

parcel of property belonging to Aristide Bougere, the owner of the Steamboat, T. P. Leathers]tar 

33
34
35
36
State of Louisiana 

City of New Orleans

2 June 1829 

Protest By Michael Carune, 

Capt. of Sloop, “Walk in the Water”

 [507] By this Public Instrument of Protest, Be it Known that, on this Second day of June, 

One thousand eight hundred and twenty-nine, Before me, William Christy, Notary Public, duly 

commissioned and sworn in and for the city and parish of New Orleans, State of Louisiana, 

 Personally came and appeared Michael Carune, late Master of the Sloop called the “Walk 

in the Water” of the burthen of about Twelve tons belonging to the Port of New Orleans, 

in this state together with John Smith, late seaman on board the said sloop. 

 Who, being severally sworn on the Holy Evangelist of Almighty God, to declare the 

truth, did 

[508] depose and say that they sailed last from the port of Springfield in the parish of Saint 

Helena in this state, on Thursday, the fourteenth day of May last, laden with ten Bales of Cotton 

and fire-wood, bound for New Orleans, that, when said vessel sailed as aforesaid, She leaked 

some, but was well provided and was thought capable of performing a Voyage, that, on Friday, 

the Fifteenth, they crossed lake Maurepas to the Manchac pass, where they remained until 

Sunday, the Seventeenth, the Wind being ahead, during which time nothing material occurred 

that, on the said Sunday Morning, they made Sail the Wind being Still ahead, that in beating 

the vessel began to leak, which increased so rapidly, that, they found it necessary to put back, 

after getting out a few miles, that, they exerted themselves to get her back to Shore, but found it 

impossible to do so, the leak increased so rapidly, they threw all the deck load of wood overboard, but She Sunk in despite of their exertions about one hundred yards out from the South 

point of the Manchac pass in about ten feet water, on Sunday, the said Seventeenth day of May 

last, about twelve O’clock that the Winds increased and they, the said appearers saved their lives 

by getting on Shore, on one of the Cotton bales. Soon after the Vessel sunk, that the wind 

continued to increase and blow very hard for five or Six days, that they remained on the South 

point of the said pass, without any means of saving the said Vessel or any part of her Cargo, 

when they were relieved on the third day by the Schooner May Flour, which landed them on the 

north side of the point, at the said pass from which place they were enabled to reach the 

Settlements in the interior and that, they have had no means of conveyance 

[509] to this port since the said accident until now where they arrived this day. 

 And therefore, the said appeared and specially the said Master did protest and with them, 

I, the Notary, at his, the Master’s request, do most solemnly and publicly protest against the 

Winds and the Waves and the dangers of the lakes generally but more particularly against the 

accident herein before set-forth, as the cause of the loss and damage sustained and to be 

sustained in the premises, and that no fault, negligence or mismanagement is or right to be 

ascribed to the said appearers. 

 Thus Done and Protested at the city of New Orleans, On the day, month and year first 

above-written, the protestors hereunto signing their names with me, the said Notary. 

 [Signatures] Michael Carune John Smith Wm. Christy, Not Public

37
38
39
40
11th May 1831 

Protest 

Flat Boat 

At request of Moses D Payton 

Master 

State of Louisiana 

City of New Orleans 

[361] Be it known, that this day before me William Christy a notary Public in and for the city 

and Parish of New Orleans, state of Louisiana aforesaid, duly commissioned and sworn; 

 Personally came and appeared Moses D Payton Master of the flat Boat called the “Ariel” 

and with him also came and appeared William R Miller, Jesse W Equeis, Dudley Isham and 

Gabriel Brown, all of whom being severally sword by me the Notary, on the Holy Evangelists of 

Almighty God, the truth to declare, did depose and say that the said flat boat left Columbia, Duck 

River, Tennessee on the Twenty-ninth day of March last past, laden with four hundred and 

twenty-three Bales of Cotton consigned to sundry persons in this city, that they proceeded on 

their voyage nothing material occurring, and landed on this side of the River Mississippi at the 

point about four miles above this city on the Seventh day of May instant that on the same day 

being Saturday of the Seventh day of the present month, the weather being fine, they left their 

moorings about the hour of nine o clock for this port- And the boat being well manned, tight 

staunch and strong, that soon after leaving the shore the wind arose and drove them across the 

river where the boat struck with such violence against the shore that on the next day being 

Sunday the Eighth instant at Eleven o’clock they procured the Steam Boat Red Rover to 

[362] tow the said flat Boat into Port, that accordingly the said Steam Boat took the said flat boat 

in Tow, but the rope breaking, the said flat boat was again blown into the shore where she struck 

a second time, that a second attempt was made by the said Steam Boat, to take the said flat boat 

in tow, in which the former struck the latter on the side which caused her to spring a leak and 

then left her, that by great exertions the said flat boat was then landed at the Ferry opposite this 

city, all hands being then employed at the pump and leak increasing, that about one hour after 

landing the Steam Boat Shark was employed to tow the said flat boat across the river, that in 

coming along side, She also struck the said flat boat on the side, knocked in the plank 

immediately above the gunnel, stove in the corner stud which caused the leak to increase rapidly, 

she then took the said flat boat in tow and bought her into this Port, where she sunk in about one 

hour notwithstanding about Twenty-hands were employed to prevent it. 

 Now therefore because of the premises and as all the damage and injury which already 

have or may hereafter appear to have happened or accrued in consequence of the accidents 

aforesaid have been occasioned solely by the circumstances hereinbefore stated and cannot nor 

ought not to be attributed to any insufficiency of the said flat boat or default of him the said 

Master or his crew, he the said Master, now requests me the said Notary to make his protest and 

that Public act thereof that the same may serve and be in full force and virtue, as of right shall 

appertain; and the said William R Miller who was on board said Steam Boat and Jesse W. Equeis 

who was on board the said flat boat when the first [illegible] accident occurred with the said 

Steam Boat Red Rover and the said Gabriel Brown who was on board the said flat boat 

immediately after the second accident occurred with said Steam Boat Shark and when the said 

flat boat sunk doth depose to concur and agree with the said Moses Payton Master [illegible] 

particular contained stated and expressed in the foregoing relation and solemnly declare the same 

to be true in every respect and one confirming himself to the occurrences which took place to be 

true, he was on board the said flat boat and the said steam boat as aforesaid. 

He was on board the said flat boat as aforesaid. 

41
 And thereupon the said Moses D Payton doth protest and I the said Notary at his special 

instance and request do by these presents, publicly and solemnly protest against the unavoidable 

accidents that had and met with as aforesaid 

[363] soberly or by means whereof, the said boat and cargo have been lost or damaged, for all 

losses, costs, charges, expenses, damage and injury, which the said Moses D Payton, Master, or 

the owner or owners freighters, or shippers of the said flat boat and of her said Cargo, or any 

other person or persons interested or concerned in either already have or may hereafter pay, 

sustain, incur or has part unto, by or on account of the said premises, or for which the Insurer or 

Insurers after said flat boat or her cargo, is or are respectively liable to pay, or make contribution 

or average, according to custom or to their respective contracts or obligations, and that no part of 

any such losses and expenses already incurred or which may be hereafter incurred, do fall on him 

the said Moses D Payton, or on his crew. 

 Thus done and passed in my office, at the city of New Orleans aforesaid, in the presence 

of Hillary B Cenas and David L McCay witnesses of lawful age and domiciliaited in this city, 

who hereunto sign their names together with the said parties and me the said Notary on this 

Eleventh day of May in the year one Thousand Eight hundred and Thirty-one 

[Signatures] Moses D Peyton, Dudley Isham, Gabriel Brown, Wm R. Miller, A. B. Cenas, David 

L. McCay, Wm Christy, Not. Public 

42
43
44
45
3rd March 1834 State of Louisiana 

Protest by City of New Orleans 

O. Hart 

J. J. Hart 

Flat Boat 

[453] Be it known that this day before me William Christy a Notary Public in and for the said 

City and Parish of New Orleans and commissioned and qualified_________ 

Personally came and appeared Oliver Hart, Captain of Steam Boat, Nashville, & James J. 

Hanna one of the members of the firm of Anderson & Hanna Merchants in Florance Alabama, 

which said appearers after having been duly sworn by me Said Notary, upon the holy Evangelist 

of Almighty God, deposed and said that said Firm are of two of Two certain Flat Boats, known 

as One and Two, that on the Sixth day of February last they commenced loading the Said One 

Flat Boat at the Florance Landing in the State of Alabama, that they finished loading one of Said 

Boats at the Said landing, and that in the morning of the 8th they dropped Said Boats down the 

Tennessee River to the mouth of Cypress Creak, where they took in about Ninety bales of 

Cotton, on the 9th they dropped down about a mile further and took in one hundred and fifty 

bales, making on that Boat (No 1) Three hundred and Eighty five and the other, three hundred & 

ninety one Bales of Cotton, intending to use said Flat Boats [illegible] as lighters or to be taken 

in Tow by the Steam Boat Nashville as occasion might require, that they started from the last 

place of loading on the evening of the 9th and arrived during the night about one mile above the 

head of Colbert’s Shoals where they landed and separated said Boats, they having been lashed 

together and took them through said Shoals separately, and landed at the mouth of Bush Creek 

where they again lashed said Boats together (all on the morning of the 10th) they then dropped 

down the River, nothing seeming worthy of relation or in any way material until their arrival at 

Waterloo on the same day, when in attempting to land the current being swift, they failed in 

getting close enough to the shore by about Six feet to make fast their cable and drifted astern and 

run foul or came in contact with another Flat Boat already landed, the front of the gunwale of the 

Boat which was landed struck the stern of the Boat containing three hundred & ninety one Bales 

in the middle of the stern block and broke it instantly through, Said Boats after striking, swung 

immediately round and the one containing the 391 Bales, sank in about five minutes after 

striking, the water rising to the middle of the third tier of Cotton, a number of men went on 

Board said Boat immediately for the purpose 

[454] of assisting those already on board to affect a landing and that they succeeded at length in 

doing so, but not until it had drifted six miles below Waterloo, about 4 O Clock the same 

evening, but at a place where they could not possibly unload the Boat and immediately after 

having made fast the said Boats, Benjamin Carey, Sternsman, dispatched a messenger to the 

Town of Florence where Anderson and Hanna resided who are the owners of said Boats, for 

assistance, and in the afternoon of the 11th Mr. Hanna came down to the Boat with a Keel Boat 

and lighter with Seven hands, and immediately commenced taking the Cotton out of the Boat 

which had been sunk and that about or within an hour after his arrival the Steam Boast, 

Nashville, came sight, and put ten men of her crew on board said Boat for the purpose of 

assisting them, that they continued taking out the Cotton or unloading said Boat until 2 O Clock 

in the morning, when having succeeded in loading all the dry Cotton and a considerable portion 

of that which was lost, and the men being worn down they left off until day-light, when they 

again resumed the loading of the balance of the wet Cotton, and finished about 2 O Clock with 

the exception of Eighty Bales of the Bottom in which they set on end in the Boat, She having 

lighten and been baled out,- and that they made the protest of said Boat, noted immediately 

before John L. [illegible] in the said Town of Waterloo, fearing damage to the Boat and Cargo on 

account of the accident as above set forth all of which will more fully appear by [illegible] to the 

annotated protest made by the said [illegible] on the 13th Feby [sic] last. 

46
 Now therefore, because of the premises, and as all the loss, damage and injury, which had 

or may hereafter appear to have happened in consequence of the sinking of said Boat, had solely 

by the circumstances herein stated and cannot nor ought not to be attributed to any insufficiency 

of the said Boat or default of the him, He the said Hanna, now requires me, the said Notary, to 

make his protest and this public act thereof, that the same may serve and be and be in full force 

and virtue 

[455] as of right shall appertain. 

 Whereupon the said Hanna doth protest and I the said Notary, at his special instance and 

request do, by these presents, publicly and solemnly protest against the unaccountable accident 

had and met with as aforesaid soberly or by means whereof, he the said Hanna, feared that, 

damage to the said Boat and Cargo has occurred for all losses, costs, charges, expenses, damage 

and injury, which the said owner, freighters or shippers of the said Flat Boat and of her said 

Cargo, or any other person or persons interested or concerned in either already have or may 

hereafter pay, sustain, incur or has part unto, by or on account of the said premises, or for which 

the insurer or insurers of the said Flat Boat or of her said Cargo, is or are respectively liable to 

pay, or make contribution or coverage, according to custom or to their respective contracts or 

obligations, and that no part of any such losses and expenses already incurred or which may be 

hereafter incurred, do fall on him the said Master or on his said officers and crew, or on the said 

owners or shippers of said Boat and of her said Cargo. 

 Thus done and passed in my office, at the said City of New Orleans in the presence of W. 

Gimsey and J. Neville, witnesses of lawful age and domiciliaited in this City who hereunto sign 

their names together with said appearers and me, Notary, this third day of March One Thousand 

Eight hundred and thirty-four 

[Signatures] W. Gimsey, J. Neville, James J. Hanna, Oliver Hart, Wm Christy, Not Public 

47
48
49
50
State of Louisiana 

City of New Orleans

 [479] Be it known that this day before me William Christy a Notary Public in and for the 

said City and Parish of New Orleans, duly commissioned and qualified 

 Personally came and appeared James L. Kirby, Master of a certain Flat Boat 

belonging to Samuel and Isaac [illegible] Merchants in the Town of Louisville, in the state of 

Kentucky, and with him also came and appeared Hiram Coleman and Samuel Foster, hands 

employed on Board said Boat, which said appeared, after having been duly sworn by me, said 

Notary upon the holy Evangelists of Almighty God, did depose and say that on the 9th day of 

November last they sailed from the Town of Louisville in the State of Kentucky with a Cargo of 

Six hundred and sixty-nine Barrels of Flour, that they were bound for this Port, and that their 

Said Cargo was consigned to Messes. Wallace Lambert & Pope of this City, Merchants, that they 

proceeded down the Ohio River without anything material occurring until the Evening of the 14th

November last, between the hours of 5 and 6 O’Clock, when in passing the lower end of Flint 

Island the Bow of their Said Boat touched slightly another Flat Boat lying aground in the 

Channel, which concussion started a leak in their Said boat. On discovery of which they 

immediately anchored, and proceeded to stop said leak, in which they succeeded in a great 

measure at least so far that they could then have succeeded in reaching the Shore and securing 

their Boat and Cargo, had there not been other Flat Boats immediately behind them, when 

finding that [illegible] in their lens were closing on their Boat very fast they cut the cable to 

which their anchor was attached and then [illegible] around to reach the Shore as fast as possible, 

and in doing so they ran on a line stretched across the Channel from the Steam Boat Paul Jones

which was made fast to a tree on the Kentucky side, that, before they could release themselves 

another Flat Boat, belonging to Samuel and Charles Kells, came on the same line and swung 

against their Said Boat, which concussion caused both Flat Boats to sink before they could reach 

the Shore, although every possible exertion was made by the officers and Crew of their said Boat 

to prevent the same, that the Said Master immediately procured all the hands in [illegible] to 

assist 

 

[480] in taking out the said Cargo, which was entirely under water, and that they succeeded in 

four days in doing so, that immediately after the sinking of Said Boat and her said Cargo, the 

Said Kirby dispatched a messenger to Louisville for the purpose of procuring a Steam Boat to 

stop and take their said Cargo on board, that Said Messenger procured the Steam Boat 

Mediterranean, which stopped and took their said Cargo on board on the 27th day of November 

last, that She then proceeded down the Ohio and Mississippi Rivers, without any unnecessary 

delay and arrived at this Port yesterday the 5th day of December instant at 12 O’ Clock and they 

further declared that immediately after taking out Said Cargo, that the Said Master and Crew of 

Said Boat proceeded before William Figgins a Justice of the Peace in and for the County of 

Perry in the State of Indiana, before whom they made a statement of the facts relative to the 

sinking of the Said Boat and Cargo, which statement was deduced to writing by the Said Justice 

of the Peace, sworn to and subscribed by the above appearers and others on the 19th day of 

November last, which declaration and statement was exhibited to me Said Notary by the Said 

Master to whom the Same was returned and who hereby acknowledges the receipt thereof 

 Now therefore because of the premises and as all the damage, and injury, which already 

has or may hereafter appear to have happened or seemed in consequence of the aforesaid 

accident cannot nor ought not to be attributable to any insufficiency of the Said Boat or default 

of him the Said Master or that of his Crew. 

51
 Wherefore he the Said Master requests me the said Notary to extend his said 

declaration in protest against the aforesaid accident had and met with as above state, and this 

Public act thereof that the same may have and be and remain in full force and virtue as of right 

shall appertain, and therefore the said Kirby, doth protest and I the said Notary at his special 

instance and request do, by these presents, publicly and solemnly protest against the unavoidable 

accident had and met with as aforesaid soberly or by means whereof, the said boat and cargo 

have been lost or damaged, for all losses, costs, charges, expenses, damage and injury, which the 

said Kirby, Master, or the owners freighters or shippers of the said Flat Boat and of her Said 

Cargo, or any other person or persons 

[481] interested or concerned in either already have or may hereafter pay sustain, incur or has 

part unto, by or on account of the said premises, or for which the insurer or insurers after said 

Flat Boat, or of her said Cargo, is or are respectively liable to pay, or make contribution or 

average, according to custom or to their respective contracts or obligations, and that no part of 

any such losses and expenses already incurred or which may be hereafter incurred, do fall on him 

the said Kirby Master, or on his said officers and crew. 

 Thus done and protested in my office at the said City of New Orleans in the presence of 

MC Gimsey and C. W. Carmack, Witnesses of lawful age and domiciliaited in this City, who 

hereunto sign their names together with said appearers and me said Notary this Sixth day of 

December One Thousand Eight Hundred and Thirty Four, and at the moment of signing the said 

Coleman declared that he did not know how to write or sign his name, wherefore he marked his 

said mark to those present after the same had read and explained to him by me said Notary this 

defense approved, 

[Signatures] Hiram X Coleman, C. W. Carmack, M C. Gimsey, J H Kirby, S B Foster, Wm 

Christy, Not Public 

52
53
54
55
18 March 1835 

Protest by 

Thomas Payne 

Master of St. Boat 

Nashville 

State of Louisiana 

City of New Orleans

[502] Be it known that this day before me William Christy a Notary Public in and for the 

said City and Parish of New Orleans duly commissioned and qualified 

Personally came and appeared Thomas Payne, Master of the Steam Boat, called the “Nashville”, and with him also came and appeared Samuel Joyce, Pilot, John B. Boggs, Clerk, 

George White, Mate, and Francis Kendall carpenter, all officers of Said Boat, which Said 

appearers after hearing from duly sworn by me Said Notary upon the holy Evangelists, of 

Almighty God, deposed and said, that the Said Boat left this Port, on the ninth day of February 

last, with an assorted Cargo on board, bound for Florence, in the State of Alabama, that, She 

proceeded up the Mississippi River, without anything occurring worthy of relation until the 14th

day of February last, at which time they reached the foot of Island No. 69, about twelve miles 

above Montgomery’s Point, at which place the Water Wheel on the larboard side, and starboard 

Main Shaft of Said Boat broke, as also the Fly Wheel Center and column, that Said Boat was 

immediately longside and all necessary repairs made, after, which She proceeded up Said River, 

without anything further occurring, until She reached the foot of Island No 6, at which place they 

discovered that Said Boat was leaking considerably in consequence of a plug aft (used by Boats 

for the purpose of letting water in to cleanse), having been forced out by the pressure of Ice, or 

water, which plug was immediately replaced, and the Said Boat freed from the water, that She 

then proceeded until She arrived opposite the foot of Island No 7, on the 24th day of February 

last, between the hours of 12 & 1 O’Clock P. M. at which time & place She was in the [illegible] 

channel [illegible] and pursued by Steam Boats, when She struck a snag under water, and 

entirely concealed from view, which stoved in the bow of said Boat, and injured her so much that 

She commenced filling so fast that with the united exertions of the Crew, they could not prevent 

the water from gaining on them, that they then immediately endeavoured to land said Boat on 

[illegible] if 

[503] possible to save her and the said Cargo, that they succeeded in landing her, but were 

unable with the united exertions of the crew & passengers of said Boat to prevent her from 

filling, that every exertion was made for the purpose of taking out the said Cargo, but that they 

were unable to get but a small portion and, owing to the [illegible] of said Boat, being on a Bluff 

Bank on one side, & deep water on the other, towards which She Keeled so much as to cause 

momentary apprehension of capsizing, and owing to the hold being full of water, and the river on 

the rise, that, they proceeded immediately in and for the County of Hickman, in the State of 

Kentucky on the 25th day of the said month of February, where and before whom they deposed to 

the facts as above stated, where and when they also made a note of their protest against the said 

accident, which note of protest is [illegible] in the margin hereof for reference. 

 Now therefore, because of the premises, and as all the loss, damage and injury, which 

already have or may hereafter appear to have happened or accrued in consequence of the 

snagging and sinking of the said Boat, and her said Cargo, as aforesaid, has been occasioned 

solely and entirely by the circumstances, as herein stated, that no human foresight or knowledge 

could by any possible means have prevented, the same upon happening or occurring, and that the 

consequences of the said accident cannot nor ought not to be attributed to any insufficiency of 

the said Boat (She being in good condition and well formed in every respect) or default of him 

the said Master or that of his crew, wherefore the said Master, requires me, the said Notary, to 

make his protest against said accident & the consequences of the same, and this public act 

56
thereof, that the same may serve and be and remain in full force and virtue as of right shall 

appertain. 

 Whereupon the said Thomas Payne Master, doth protest, and I, the said Notary, at his 

special instance and request do, by these presents, publicly and solemnly protest against the 

unavoidable accident had and met with as above stated, whereby or by means whereof, great and 

inevitable damage (of not total loss) has occurred to the said Boat and said Cargo, for 

[504] all losses, costs, charges, expenses, damage and injury, which the said Payne Master or the 

owners freighters or shippers of the said Boat and her said Cargo, or any other person or persons 

interested or concerned in either already have or may hereafter pay, sustain, incur or has part 

unto, by or on account of the said premises, or for which the insurer or insurers of the said Steam 

Boat or her said Cargo, is or are respectively liable to pay, or make contribution or coverage, 

according to custom or to their respective contracts or obligations, and that no part of any such 

losses and expenses already incurred or which may be hereafter incurred, do fall on him the said 

Master or on his officers and crew. 

Thus done and protested in my office, at the said City of New Orleans in the presence of 

H. Gimsey and C. M. Commack, witnesses of lawful age and domiciliaited in said City, who 

hereunto sign their names together with said appearers and me, said Notary this Eighteenth day 

of March One thousand Eight Hundred and thirty five. 

[Signatures] CM Commack, H. Gimsey, Thomas Payne, S Joyce, J. B. Boggs, George White, 

Francis Kendall, Wm Christy, Not Pub 

57
58
59
60
State of Louisiana 

City of New Orleans 

23rd March 1835 

Protest by 

J. Forbis, Master 

Of flat Boat 

[542] Be it known that this day before me William Christy a Notary Public in and for the said 

City and Parish of New Orleans duly commissioned and qualified 

 Personally came and appeared John Forbis, Master of a certain Flat Boat, owned by and 

belonging to Messes. Kimball & Hemsey of Decatur in the State of Alabama, and with him also 

came and appeared Thomas McGimsey, a passenger on board Said Boat, which Said appearers after 

having been duly sworn by me Said Notary upon the holy Evangelists of Almighty God, deposed 

and Said, as follows siz 

 The Said Forbis, declared, that he left the Town of Decatur in the State of Alabama, about 

the 5th day of January last past, that he proceeded down the Tennessee River until he had passed the 

Shoals at which place he completed the loading of the Said Flat Boat having on board about Two 

hundred and Seventy Bales of Cotton, that he left the Shoals on the 6th day of February last past, 

[illegible] the said Boat being sound and tight, and was found in every respect, that he proceeded 

down the Ohio – Mississippi Rivers without anything occurring worthy of relation with the 

exception of the [illegible] caused [illegible] that at Vicksburg in the state of Mississippi he took the 

said McGimsey on board as a passenger, and that they then proceeded onward being bound for this 

Port, without anything happening until the night of the 21st [illegible] at a landing on the Mississippi 

River about twelve miles above this City, where they (rest of page illegible) 

[543] of all landed to (illegible top page) 

Now therefore, because of the premises, and as all the loss, damage and injury, which 

already had or may hereafter appear to have happened or accrued in consequence of the sinking 

of the said Boat, cannot nor ought not to be attributed to any insufficiency of the said Boat or 

default of the said Master. 

And now the said McGimsey did depose to agree with the said Forbis Martin, in the 

foregoing statement made by him, in every point and particular, so far as it regarded the said 

voyage from the said Town of Vicksburg to this Port. 

Wherefore the said Master doth protest, and I the said Notary at his special instance and request 

do by these presents publicly and solemnly protect, against the unavoidable accident had and met 

with as above stated, whereby or by means whereof, the said Boat has been lost, and the Cargo 

materially damaged, for all losses, costs, charged, expenses, damage, and injury, which he the 

said Master, or the owners, freighters, or shippers of the said Boat or of her said Cargo, or any 

other person or persons interested or concerned in either already have or may hereafter pay, 

sustain, incur, or be part unto, by or on account of the said premises, or for which the insurer or 

insurers after said Boat, or her said Cargo, is or are respectively liable to pay, or make 

contribution or average, according to custom or to their respective contracts or obligations, and 

that no part of any such losses and expenses already incurred or which may be hereafter incurred, 

do fall on him the said Master or any of his crew. 

Thus done and passed in my office, at the said City of New Orleans in the presence of 

MC Gimsey and C. W. Carmack, witnesses of lawful age and domiciliated [sic] in 

61
[544] this City who hereunto sign their names together with said appearers and me said 

Notary, this twenty third day of March One Thousand Eight hundred and thirty five. 

[Signatures] CW Carmack, MC Gimsey, John Forbis, [illegible] McGimsey, 

 Wm Christy, Not. Pub. 

 

62
63
64
65
10 April 1835 State of Louisiana

Protest by D. McLane City of New Orleans

& John Thompson 

 [97] Be it known that this day before me William Christy a Notary Public in and for the 

City and Parish of New Orleans duly commissioned and qualified 

 Personally came and appeared Duncan McLane, and with him also came and appeared 

John Thompson, which said appearers after having been duly sworn by me said Notary upon the 

holy Evangelists of Almighty God, depose and said, by that he the said McLane had in his 

charge two Flat Boats lying nearly opposite the commencement of, or opening of St. Peter Street, 

laden with Iron, that, on the 8th day of April instant, the Steam Boat Whale passed within a short 

distance of said Flat Boats and forced them about considerably, that immediately after the 

passing of said Steam Boat, they discovered that one of said Flat Boats had sprung a leak, that, 

he the said McLean, with the hands on board said Boat, made every possible exertion to free said 

Boat from the Water, and stop the leak, but finding that the Water gained upon them he the said 

McLane, called for assistance, which was freely and cheerfully granted by the said Thompson & 

others, and now the said deponents jointly declared, that, they endeavoured to get the said Boat 

ashore, and quickly as possible to prevent her from sinking in deep water, and that in order the 

more readily to effect this object, they informed the Captain of the Ship Eleanor, which was 

lying immediately above them, and another Captain of a Brig immediately below said Boat, that 

She was sinking, requesting them to have their [illegible] & cables slackened so that they could 

get said Boat ashore, which was immediately complied with by the Captain of the Brig, who 

slackened his [illegible], but that the Captain of the Eleanor, said he had no hands on board to 

slack his cable, that, they then offered to go on board said vessel with hands enough to do it, but 

that he would not allow them to do so, and used much and very harsh language to them, that they 

then attempted to force the said Boat over the cable, and in doing so, She grounded upon it, filled 

& went down, with about fifty tons of Iron belonging to R. G. Maguire and they further declared, 

that the said cable of the [illegible] 

[98] might have been slackened without shadow of danger or damage to her and that, had it been 

done, the said Flat Boat and Cargo, could have been saved, and that the said accident occurred 

about 3 O’Clock P. M. on the 8th instant 

 Now therefore because of the premises, and as all the damage, and injury, which already 

has, or may hereafter appear to have happened or accrued, in consequence of, and by the sinking 

of the said Boat, has been occasioned solely and entirely, by the accident aforesaid, and that no 

foresight could have prevented the same, and that the consequences of the same cannot, nor 

ought to be attributed to any insufficiency of the said Boat, or default of the crew; wherefore, he 

the said McLane required me the said Notary to make his protest& this public act thereof that the 

same may serve and be and remain in full force and virtue, as of right shall appertain 

 Whereupon the said McLane doth protest, and I, the said Notary at his Special instance, 

and request, do, by these presents, publicly and solemnly protest against the unavoidable 

accident had and met with as above stated, whereby or by means whereof, the said Boat, and her 

said Cargo have been totally lost, for all losses, costs, charges, expenses, damage and injury, 

which he the said McLane or the owners freighters or shippers of the said Boat and of her Said 

Cargo, or any other person or persons interested or concerned in either already have or may 

hereafter pay, sustain, incur or has part unto, by or on account of the said premises, or for which 

the insurer or insurers after said Flat Boat, or of her said Cargo, is or are respectively liable to 

pay, or make contribution or average, according to custom or to their respective contracts or 

obligations, and that no part of any such losses and expenses already incurred or which may be 

hereafter incurred, do fall on him the said McLane or on any of the crew of said Boat 

 

66
Thus done and protested in my office, at the said City of New Orleans in the presence of 

MC Gimsey and C. W. Carmack, witnesses of lawful age and domiciliaited in this City who 

hereunto sign their names with said appearers and me, Notary, this Tenth day of April one 

Thousand Eight Hundred and thirty-five 

And now at the moment of signing the said McLane declared that he was unable to sign 

his name in consequence of having one of his fingers broken, wherefore, he makes his mark to 

these presents 

[Signatures] MC Gimsey, CW Carmack, Duncan X McLane, John Thompson, 

 Wm Christy 

67
68
69
State of Louisiana 

City of New Orleans 

[25] Be it known that this day before me William Christy a Notary Public in and for the 

said City and Parish of New Orleans and commissioned and qualified_________ 

Personally came and appeared Samuel Hyer, Master of a Flat Boat designated by the 

number “One” and with him also came and appeared Edmond Morris and Redmond Hughes, 

hands employed on board said Boat, which said appeared declared, after having been duly sworn 

by me said Notary upon the holy Evangelists of Almighty God, that they left the Town of 

Florence in the state of Alabama on the 17th day of February last past, on board said Boat, with a 

full cargo of Pig Iron, bound for this Port, that at the time of sinking, the said Boat, was in good 

order and condition, well manned and sound, that they proceeded down the Tennessee and 

Mississippi Rivers, without any thing occurring worthy of relation until the 12th day of March 

last past, when they arrived at Plumb Point, about 12 O’Clock at which time the wind now 

blowing very hard, which threw them in close to the left Bank, but that not withstanding the 

utmost exertions of all hands the said Boat could not be kept in the proper channel, & after 

laboring some time said Boat struck a snag under water, which caused her to sink in about five 

minutes _______ 

Now therefore because of the premises, and as all the damage, and injury which already 

has or may hereafter appear to have happened or occurred in consequence of, and by reason of 

the snagging and sinking of the said Boat, and the said Cargo, as aforesaid, has been occasioned 

solely and which, by the accident aforesaid, and that the same cannot nor ought not to be 

attributed to any insufficiency of the said Boat, or default of him the said Master, or that of his 

crew, wherefore he the said Master required me the said Notary, to make his protest, and the 

public act- thereof, that the same may serve, and be and remain in full force and virtue, as of 

right shall appertain. 

Wherefore the said Hyer 

[26] doth protest, and I, the said Notary, at his special instance and request do, by these 

presents, publicly and solemnly protest against the unavoidable accident had and met with as 

aforesaid soberly or by means whereof, the said boat and cargo have been totally lost, for all 

losses, costs, charges, expenses, damage and injury, which the said Hyer, Master or the owners 

freighters or shippers of the said Boat and of her Said Cargo, or any other person or persons 

interested or concerned in either already have or may hereafter pay, sustain, incur or has part 

unto, by or on account of the said premises, or for which the insurer or insurers after said Flat 

Boat or of her said Cargo, is or are respectively liable to pay, or make contribution or average, 

according to custom or to their respective contracts or obligations, and that no part of any such 

losses and expenses already incurred or which may be hereafter incurred, do fall on him the said 

Master or on his said officers and crew. 

Thus done and protested in my office, at the said City of New Orleans in the presence of 

M C Gimsey & C. W. Carmack, witnesses of lawful age and domiciliaited in this City who 

hereunto sign their names together with said appearers and me, Notary, on the Third day of April 

One Thousand Eight Hundred and thirty-five. 

[Signatures] MC Gimsey, CW Carmack, Samuel Hyer, Redmond Hughes, E. “X” Morris, Wm 

Christy, Not Public 

70
71
72
7 Jany 1836 

Protest 

By 

B. M. Roberts 

Master of 

Steamer 

“Otto” 

State of Louisiana 

City of New Orleans

[33] Be it known that this day before me William Christy a Notary Public in and for the said 

City and Parish of New Orleans and commissioned and qualified_________ 

Personally came and appeared Benjamin Morgan Roberts, master, James Leonard, first 

mate, Thomas Kemp, second mate, and David Berry, pilot, officers of and belonging to the 

Steam Boat, Otto, and with them also came and appeared Jean Baptiste Delanco, passenger on 

board Said boat during her last trip, which said appearers, after having been duly sworn by me, 

said Notary, upon the Holy Evangelists, did depose and say as follows, to wit: That they sailed 

from the lake end of the Pontchartrain Railroad, below this City, at Four o’clock yesterday 

evening, the sixth instant, on board said Boat, bound for Mobile with a small general cargo, that 

the said Boat, at the time of starting was staunch, light and in good order, well manned and 

provided: that they proceeded on their voyage, without any thing of importance occurring, until 

the hour of Seven, the same evening, at which time, when they were near the entrance to the 

Rigolets, they met the Steam Boat, James Monroe, the night being then tolerably dark: [illegible] 

the pilots of both boats, in endeavoring to pass each other, unfortunately turned the helms the 

same way, the consequence of which was, that the boats came in contact, the bows of the James 

Monroe striking the Otto, cross-wise, just behind the boilers, carrying away the wheelhouse, and 

staving in a great portion of her side: that every exertion was made to save the Otto, but without 

avail, as She filled and sank in fifteen minutes after the concussion: that She was backed with 

one wheel until her stern struck the bank, where she was left at nine o’clock, the same night with 

a portion of the stern above the water: that the officers and hands of the James Monroe rendered 

all the assistance in their power to save the crew, and as much of the furniture and cargo as could 

be got out of the Otto 

 Now therefore because of the premises, and as all the damage and injury, which already 

has or may 

[34] here after appear to have happened or accrued to the said Boat and Cargo, in consequence 

and by reason of the accident had and meet with as aforesaid, occasioned as aforesaid, cannot nor 

ought not to be attributed to any insufficiency of the said Boat, or default of him the said Master, 

or of the crew. Wherefore he, the said Master requires and the said Notary, to make his protest, 

and the public act- thereof, that the same may serve, and be and remain in full force and virtue, 

as of right shall appertain. 

Wherefore the said Roberts doth protest, and I, the said Notary, at his special instance and 

request do, by these presents, publicly and solemnly protest against the accident had and met 

with as aforesaid soberly or by means whereof, the said boat and cargo have been lost or 

damaged, for all losses, costs, charges, expenses, damage and injury, which the said Master or 

the owners freighters or shippers of the said Boat and of her Said Cargo, or any other person or 

persons interested or concerned in either already have or may hereafter pay, sustain, incur or has 

part unto, by or on account of the said premises, or for which the insurer or insurers after said 

Steam Boat or of her said Cargo, is or are respectively liable to pay, or make contribution or 

coverage, according to custom or to their respective contracts or obligations, and that no part of 

73
any such losses and expenses already incurred or which may be hereafter incurred, do fall on him 

the said Master or on his said officers and crew. 

Thus done and protested in my office at the said City of New Orleans, in the presence of 

W. G. Latham and W C Reynolds, witnesses, who hereunto sign their names with the said 

appearers and me, said Notary, on this Seventh day of January in the year One thousand and 

eight hundred and thirty six. 

 At the moment of signing, the said Thomas Kemp declared that he did not know how to 

sign his name he therefore makes his mark to these presents and the same have been read and 

explained to him. 

[Signatures] Thomas “X” Kemp, Morgan Roberts, W. G. Latham, W C Reynolds, James 

Leonard, David Berry, Jean Batheste Debanco Wm Christy, Nt. Public 

74
75
76
77
State of Louisiana 

City of New Orleans 

18 April 1836 

Protest by 

George Boggs Jr 

Master of 

Steamer Heroine

[716] By this Public Instrument of Protest, be it known that on this Eighteenth day of April, in 

the year of our Lord, One Thousand eight hundred, and thirty -Six 

 Before me, William Christy, a Notary Public in and for the City and parish of New 

Orleans duly commissioned and qualified 

 Personally came and appeared George Boggs, Master of the Steam Boat, called the 

“Heroine” and with him also came and appeared James Montgomery, pilot, John Worn, mate, 

and Joe Edwards, assistant pilot, on of said Steam Boat 

 Which said appearers, after having been by me, said Notary, duly sworn upon the Holy 

Evangelists, voluntarily declared as follows to wit: the said George Boggs Jr, that on their 

voyage from Louisville, Kentucky on board the said Steam Boat, Heroine, nothing particular 

occurred until said day, the 10th day of April instant when they Landed at Triplett’s Mill, Yellow 

Banks, Kentucky and took in tow a flat boat with a cargo of hay, belonging to Philip Richardson, 

which boat after 

[717] appeared to be staunch and in good condition and was secured to the said Steam Boat in 

the usual manner- that they proceeded safely down the Ohio River, with the said flat boat in tow 

until they were about two miles below a place called Settler Chasm, when at Six o’clock in the 

Morning, on Tuesday the 12th day of April instant, they perceived that the said flat Boat was 

sinking, when they immediately towed her to the shore and secured her a rope to a tree on the 

bank, and that in about twenty minutes after the discovery, she finally sunk so low as to have 

only the roof above the surface of the river- it having been found totally impossible to save her or 

any part of the cargo or to ascertain the cause of her sinking- 

 Now therefore because of the premises, and as all the damage and injury, which already 

have or may hereafter appear to have happened or accrued to the said Flat Boat and her said 

Cargo, have been occasioned solely by the circumstances, herein before stated and cannot nor 

ought not to be attributed to any insufficiency of the said Boat, or default of him, the said Master 

or of any of his Crew, he, the said Master now requires me, the said Notary to make his protest 

and this public act thereof, that the same may serve and remain in full force and virtue as of 

right- shall appertain and the said Montgomery Worn, and Edwards do depose to concur and 

agree with the said George Boggs Jr. in every particular contained, stated and expressed in the 

foregoing deposition, and solemnly declare the same to be true in every respect. 

 And thereupon, the said George Boggs Jr. doth protest and I, the said Notary, at his 

special instance and request, do, by these presents, publicly and solemnly, protest against the 

accident- had and meet with as aforesaid. Whereby or by means whereof the said boat or her 

said cargo has or have been lost, for all losses, costs, charges, expenses, damage or injury which 

the said Master, or the owner, freighters or shippers after said boat or her said Cargo, or any 

other person or persons concerned in either already have paid or may hereafter pay, sustain, incur 

or be put unto, by or on account of the premises, or for which the insurer or insurers of the said 

Boat or of her said Cargo is or are respectively liable to pay, or make contribution or 

78
[718] are respectively liable to pay or make contribution or average, according to custom, or to 

their respective contracts or obligations and that no part of such losses and expenses already 

incurred or hereafter to be incurred do fall on him the said George Boggs Jr. or his crew. 

 Thus done and protested, in my office at the City of New Orleans aforesaid, in the 

presence of W G Lathum and W C Reynolds, witnesses of lawful age and domiciliaited in this 

City, who hereunto subscribe their names, together with the said appearers and me, the said 

Notary, on the day, month and year, set forth in the caption hereof. 

 Twenty -two words interlined, two erased, and ten written in the place of the two erased. 

Approved before signing. 

 And the said John Warn here declared that he did not know how to write or sign his 

name, he therefore marks his usual mark to these presents after the same had been read and fully 

explained to him by me, said Notary. 

[Signatures] George Boggs Jr., James Montgomery, Joe Edwards, John “X” Warn, C G Lathum, 

Wm C Reynolds, Wm Christy, Not Public 

79
80
81
26th May 1836 

Protest of 

Flat Boat State of Louisiana 

Daniel Webster City of New Orleans

By Wm Reeves 

Master 

[187] By the Instrument of Protest, be it known that on this Twenty Sixth day of May, in the 

year of our Lord, One Thousand eight hundred and thirty six and of the Independence of the 

United States of America, the Sixtieth 

 Before me, William Christy, a Notary Public in and of the City and Parish of New 

Orleans, State of Louisianan, aforesaid, duly commissioned and qualified. 

 Personally came and appeared William Reeves, master of a certain Flat Boat, called the 

Daniel Webster and with him also came and appeared Ira Worthey and John Mich hands 

employed on board said Boat, which said appearers, after having been duly and solemnly sworn 

by me, said Notary, upon the Holy Evangelists, voluntarily deposed, as follows to wit: 

 The said Reeves, that they sailed on board said Boat, from Rome, Smith County, 

Tennessee on the Second day of May instant, with a cargo of Sixty Three Hogsheads of Tobacco, 

bound for this City: that when they sailed as aforesaid, the said Boat was staunch, light, wellmanned and in good order and condition: that they proceeded on their way until they arrived at a 

place on the Mississippi River, about seventeen miles from this port, on the Twenty fifth instant 

between ten and eleven o’clock at night, when a violent storm arose, which blew the water over 

the said boat, and drive her against the shore where she sunk in fifteen minutes and is now lying 

under a broken down bank. 

 Now therefore, because of the premises and as all the damage and injury which already 

have or may hereafter appear to have happened or accrued to the said Flat Boat and to her said 

Cargo, have been occasioned solely by the circumstances hereinbefore stated, and cannot nor 

ought not to be attributed to any insufficiency of the said Boat, or default of him the said Master 

or of his crew. 

 [188] he the said Master, now requires me, the said Notary, to make his protest, and this 

public act thereof, that the same may serve and remain in full force and virtue as of right shall 

appertain: and the said Ira Worthey and John Mich do depose to concur and agree with the said 

Master, in every particular contained and expressed in the foregoing deposition and solemnly 

declare the same to be true in every respect. 

 And thereupon the said William Reeves doth protest, and I, the said Notary, at his special 

instance and request do by these presents, publicly and solemnly protest against the violent 

Storm, had and met with as afore said, whereby or by means whereof, the said Boat and her said 

Cargo is or have been damaged or lost, for all losses, costs, charges, expenses, damage or injury 

which the said Master, or the owners, freighters or shippers of the said Boat or of her said Cargo, 

or any other person or persons concerned in either, already have paid or may hereafter pay, 

sustain, incur or has part unto, by or on account of the premises or for which the insurer or 

insurers of the said Boat, or of her said Cargo, is or are respectively liable to pay or make 

contribution or average according to custom, or to their respective contracts or obligations and 

that no part of such losses and expenses already incurred, or hereafter to be incurred do fall on 

him the said William Reeves, or on his crew. 

82
 Thus done and protested in my office, at the said City of New Orleans in the presence of 

W G Latham and W. C. Reynolds, witnesses of lawful age and domiciliaited in this City who 

hereunto sign their names with said appearers and me, Notary, on the day above written- 

[Signatures] William Reeves, John Mick, Ira Worthey, M. G. Lathum, Wm. C. Reynolds, Wm. 

Christy, Not. Public 

83
84
85
86
7th Jany 1837 State of Louisiana

Protest of City of New Orleans

Flat Boats 3 & 4 

By Anton Schaffer 

 

 By this public Instrument of Protest, be it known that on this Seventh day of 

January in the year of our Lord, One Thousand eight hundred and thirty seven and of the 

Independence of the United States of America, the Sixty -first 

 Before me, William Christy, Notary Public in and for the said City and Parish of New 

Orleans, duly commissioned and qualified 

 Personally came and appeared Anton Schaffer, Lyarmam Tobolander, and Henry Deal, 

hands employed on board two certain Flat boats, designated by the numbers 3 and 4: which said 

appearers, after having been duly and solemnly sworn by me, said Notary, upon the Holy 

Evangelists voluntarily deposed, as follows, to wit: 

 That the said two boats were laden at Pittsburgh with Eight thousand and one hundred 

and ninety two Barrels of Stone Coal, by Messes. Sedlie, Ewan & Cummings, and consigned to 

the New Orleans Gaslight and Banking Company, in this City: that they started on board said 

boats, on the twenty second day of November last past (1836) from the said City of Pittsburgh, 

bound for this port: that when they started, as aforesaid, the said boats were staunch, tight, well 

manned and in good order and condition: that the said Boats descended the Ohio River without 

meeting any accident until the morning of the Eighth of December, at four o’Clock, when they 

were about seventy miles above the Mississippi River, and at the foot of a sand Bar below 

Steward’s Island, when the said boats run aground on the said bar, which was from 

[43] three to four feet under water, and although every exertion was used by the hands, they 

found it impossible to get the said boats afloat again, as the river was pulling very fast: that the 

current washed the sand from under the said boats so fast, that on the Thirteenth day of 

December, they broke in pieces, when the river began to rise and covered them with water, so 

that neither boat nor cargo could be saved 

 And now personally came and appeared Isaac Ewan, one of the members of the said firm 

of Sedlie, Ewan & Cummings, who, after having been duly sworn, did depose and say, that the 

said two Flat Boats Nos. 3 & 4 were the same that he directed the said New Orleans Gas Light & 

Banking Company to insure with their cargoes, from Pittsburgh to New Orleans in the office of 

the Atlantic Marine and Fire Insurance Company. 

 Now therefore, because of the premises, and as all the damage and injury, which already 

have or may hereafter appear to have happened or accrued to the said flat Boats and their said 

Cargo, have been occasioned solely by the circumstances herein before stated and cannot nor 

ought not to be attributed to any insufficiency of the said Boats or default of any of the hands on 

board thereof, the, the said appearers, now require me, the said Notary, to make their protest and 

this public act thereof, that the same may serve and be and remain in full force and virtue as of 

right shall appertain 

 And thereupon the said appearers do protest and I, the said Notary, at their special 

instance and request do by these presents Wherefore the said Roberts doth protest, and I, the said 

Notary, at his special instance and request do, by these presents, publicly and solemnly protest 

against the unavoidable accident had and met with as aforesaid occasioned as aforesaid where by 

or by means whereof, the said Boats and their said 

87
[44] cargo have been lost or damaged, for all losses, costs, charges, expenses, damage and injury, 

which the said Master or the owners freighters or shippers of the said Boats and of their said 

Cargoes, or any other person or persons interested or concerned in either already have or may 

hereafter pay, sustain, incur or has part unto, by or on account of the said premises, or for which 

the insurer or insurers of the said Boats or of their said Cargoes, is or are respectively liable to 

pay, or make contribution or average, according to custom or to their respective contracts or 

obligations, and that no part of any such losses and expenses already incurred or which may be 

hereafter incurred, do fall on them said appearers or any of the crews. 

 Thus done and protested in my office, at the said City of New Orleans in the presence of 

W G Latham and F. B. Vinot, witnesses of lawful age and domiciliaited in this City who 

hereunto sign their names with said appearers and me, Notary, on the day and date first above 

written- 

[Signatures] M G Latham, F. B. Vinot, Isaac Ewan, Anton Schaffer, Lyarmam Tobolander, 

Henry X Deal, Wm Christy, Not. Public 

88
89
90
91
92
6th April 1837 State of Louisiana

Protest by City of New Orleans

Wm H. Gray 

Master of 

Keel Boat 

“Rosalba” 

 [351] Be it known that this day before me William Christy a Notary Public in and for the 

said City and Parish of New Orleans State of Louisiana, duly commissioned and qualified_ 

 Personally came and appeared William H. Gray Master of the Keel Boat, called the “Rosalba”, who, after having been duly and solemnly sworn upon the Holy Evangelists, 

voluntarily deposed as follows, to wit: 

 That on the Eighteenth day of February of the present year, he started with his said 

Keelboat Rosalba from the Spanish Bluffs on Red River, having no cargo on board: that when he 

started as aforesaid, the said Boat was staunch, tight, well manned and in good order and 

condition: that they proceeded on their way down and took in One hundred and eight Bales of 

Cotton at Chickanini Prairie, and thence proceeded to Crier’s Landing, where they took in Fifty 

four bales of Cotton, and proceeded thence to the mouth of Red Bayou, and there completed the 

Cargo, by taking in Fifty two Bales of Cotton, making a total of Two hundred and fourteen 

Bales: that they proceeded on their way and crossed Clear Lake on the Evening of the Fifteenth 

March and then entered Sodo Lake [old name for Caddo Lake] the night being very clear and 

calm and proceeded about Ten Miles when the wind began to blow and continued to freshen with 

such increased violence that by about Eleven o’clock the same night, the said Boat could 

[352] make no headway through stress of weather, although all hands were working hard with 

the sweeps in consequence thereof, they were obliged to put back, and endeavor to make for 

some harbour, which could not be effected, but swinging before the wind, the said boat made a 

small island of willows, about One mile from the land, at about Three o’clock on the morning of 

the Sixteenth instant: that every exertion was made to get round to the Leeward of said Island 

but without success, the weather getting more boisterous every moment and the wind blowing 

full on the Starboard Side of said Boat, which held her so close to the Island, that it became 

impossible to move her in any way, the tremendous wind and waves having full sweep on the 

broadside of said boat- the whole time the waves dashing at least three feet over the splash 

boards and running boards of said boat and although every endeavor was made by baling, the 

water still gained so fast that by half past four o’clock on the morning of the Sixteenth, in spite of 

the vigorous endeavors of the crew on baling said boat, there was three feet water in the hold, 

when said boat foundered and swamped, and then sunk to the depth of Five feet, the water in that 

part of the lake being about nine feet deep: that the wind continued to blow with increased 

violence the whole of that day and the succeeding night, every wave dashing clear over the said 

boat: and that, seeing there was no hope of saving said boat, which was by this time a complete 

wreck, they betook themselves to the skiff of said Boat, and by keeping amongst the willows, 

[illegible] points of islands, and so forth 

[353] they succeeded after much difficulty, in reaching the shore in safety: that they then went in 

search of another Keelboat, which was in company with the said boat Rosalba, and was also 

under charge of him, said appearer, which boat had been detained some little distance behind 

them, owing to the breaking of an oar and which not having got so far into the lake, was brought 

to shore in safety about two miles from the wreck of the Rosalba, that he the said appearer after 

finding the said boat, took charge of her and proceeded to Shreveport, where she was unloaded 

of her cargo which he shipped to this port on the Steam Boat Privateer: that he, said appearer, 

with the remainder of his crew, two having deserted him at Shreveport, returned with the empty 

Keel Boat to the wreck of the Rosalba and succeeded in saving Fifty three bales of Cotton 

93
marked as follows, Twenty three bales, W. F. Morris: Twenty one Bales, V: One Bale, Johnson 

& Carrington: One Bale M. Wright: Five Bales F & W: Two Bales, R. H. Finn: which bales they 

brought to Shreveport and left there: that he, said appearer entered his protest before Charles I. 

Hardy a Notary Public for the parish of Natchitoches, on the Twentieth day of March Eighteen 

hundred and thirty seven: that the remainder of his crew left him said appearer at Shreveport and 

Natchitoches: and finally that after having been detained by indisposition, he arrived here last 

night on board the Steam Boat John Sinton. 

 Now therefore, because of the premises, and as all the loss, damage and injury, which 

already have or may hereafter appear to have happened or accrued to the said Boat and to her 

said Cargo, have been occasioned solely by the circumstances herein before stated 

[354] and cannot nor ought not to be attributed to any insufficiency of the said boat or default of 

him the said Master, or of any of his crew, he, the said master, now require me, the said Notary, 

to make their protest and this public act thereof, that the same may serve and be and remain in 

full force and virtue as of right shall appertain. 

 And thereupon the said William H Gray doth protest, and I, the said Notary, at his special 

instance and request do, by these presents, publicly and solemnly protest against the boisterous 

weather aforesaid and where by, or by means whereof, the said boat and her said cargo have 

been lost or damaged, for all losses, costs, charges, expenses, damage and injury, which the said 

Master or the owners freighters or shippers of the said boat and of her said Cargo, or any other 

person or persons interested or concerned in either already have or may hereafter pay, sustain, 

incur or has part unto, by or on account of the said premises, or for which the insurer or insurers 

after said boat or of her said Cargo, is or are respectively liable to pay, or make contribution or 

average, according to custom or to their respective contracts or obligations, and that no part of 

any such losses and expenses already incurred or which may be hereafter incurred, do fall on him 

the said Master or on his crew. 

 Thus done and protested in my office, at the said City of New Orleans aforesaid on this 

Sixth day of April Eighteen hundred and thirty seven in the presence of W G Latham and H 

Raushide, who hereunto sign their names with said appearers and me, Notary 

[Signatures] WG Lathum, Henry Raushide, W. H. Gray, Wm Christy, Not. Public 

94
95
96
97
3rd April 1837 

Protest by State of Louisiana 

Joseph Griggs City of New Orleans

Master of flatboat 

Hoosier 

[336] By this Public Instrument of Protest be it known that this day before me William 

Christy a Notary Public in and for the said City and Parish of New Orleans and commissioned 

and qualified_ 

 Personally came and appeared Joseph Griggs, master of a certain Flat Boat called the “Hoosier”, who, after having been solemnly sworn upon the Holy Evangelists, voluntarily 

deposed as follows, to wit: That on the 4th March 1837, that he left Terrehaute, on the Wabash 

river, in the State of Indiana, with the said Flat Boat and another lashed together: that when he 

started as aforesaid, the said boats were staunch, tight, sound, well manned and in good order and 

condition, and the said Flat Boat Hoosier was laden with Eleven hundred and fifty sacks of corn 

consigned to A. S. Chase of this City: that nothing particular occurred during the voyage until 

yesterday, the Second day of April instant, when the 

[337] said Boats came to shore about a mile and a half above this City, and were secured in the 

best possible manner, with two strong cables to shore: that he, said appearer, then left the said 

boats in charge of the hands employed thereon, and came to this City to inform the consigner 

above mentioned of his safe arrival, and that during his absence, which was not of more than two 

hours duration, the accident hereinafter mentioned, took place. 

 And now personally came and appeared Enoch B. Camden, Pleasant Defore and Willis 

Wood, hands employed on board said Flat Boat Hoosier, who intervening in these presents, 

having been duly sworn, after reading what is above written, declare that the same is correct and 

true, and that about one hour after the said Griggs left the said Flat Boat Hoosier, which was 

lying outside, two flat boats laden with cotton, came floating down the river and, owing to the 

wind and strength of the current, run into the said Flat Boat Hoosier, tore her away from the 

other boat she was lashed to, and carried her about one hundred yards down the river, when she 

filled with water and sunk immediately. 

 Now therefore, because of the premises, and as all the loss, damage and injury, which 

already have or may hereafter appear to have happened or accrued to the said Flat Boats and her 

said Cargo, have been occasioned solely by the circumstances herein before stated and cannot 

nor ought not to be attributed to any insufficiency of the said Boat or default of him, the said 

Master, or of any of his crew, he, the said Master, now requires me, the said Notary, to make his 

protest and this public act thereof, that the same may serve and be and remain in full force and 

virtue as of right shall appertain. 

 And thereupon the said Joseph Griggs doth protest, and I, the said Notary, at his special 

instance and request do, by these presents, publicly and solemnly protest against the accident had 

and met with as 

[338] aforesaid, occasioned as aforesaid, whereby or by means whereof, the said Boat and her 

said Cargo have been lost or damaged, for all losses, costs, charges, expenses, damage and 

injury, which the said Master, or the owners freighters or shippers of the said Boat and of her 

said Cargo, or any other person or persons interested or concerned in either already have or may 

hereafter pay, sustain, incur or has part unto, by or on account of the said premises, or for which 

the insurer or insurers of the said boat or of her said Cargo, is or are respectively liable to pay, or 

make contribution or average, according to custom or to their respective contracts or obligations, 

98
and that no part of any such losses and expenses already incurred or which may be hereafter 

incurred, do fall on him the said Joseph Griggs or on any of his crew. 

 

 Thus done and protested in my office, at the said City of New Orleans in the presence of 

William G Lathum and Francois B. Vinot, witnesses of lawful age and domiciliaited in this City 

who hereunto subscribe their names together with said appearers and me, Notary, on this Third 

day of April in the year of our Lord One Thousand eight hundred and thirty seven. 

[Signatures] W G Lathum, F. B. Vinot, Joseph Griggs, Willis Wood, Enoch B. Camden, Pleasant 

Defore, Wm Christy, Not. Public 

99
100
101
102
103
25th March 1837 State of Louisiana

Protest by City of New Orleans

David H. Mitchell 

Sternsman of Flat boat 

Temperance 

[259] Be it known that this day before me William Christy a Notary Public in and for the said 

City and Parish of New Orleans and commissioned and qualified_________ 

 Personally came and appeared David H. Mitchell, Sternsman of a certain Flat Boat called 

the Temperance, which said Boat started from Columbia, Duck River, in the State of Tennessee, 

on the Twenty fourth day of February, Eighteen hundred and thirty-seven with a cargo of Three 

hundred and sixty Bales of Cotton or thereabouts consigned to Caruthers Harris & Co., Yerger 

Chaffin & Co. and Price Johnson & Co. of this City 

 And the said David H. Mitchell after having been duly and solemnly sworn upon the 

Holy Evangelists voluntarily deposed, as follows to wit: 

 That on the Second day of March instant, he took charge of the said Flatboat at 

Reynoldsburg on the Tennessee river, to bring her to this Port: that when he took charge of the 

said boat, she was staunch, tight, well manned, and in good order and condition: that they 

proceeded on the voyage in safety, until the Twelfth day of March, or thereabouts, when in the 

neighborhood of Cat Island or No. 50, about Twenty five miles below Memphis, the wind 

blowing very hard, they attempted to land on the said Island, which they succeeded in doing: that 

the next morning the said boat was discovered to be in a sinking condition owing to a plank in 

the bottom of the boat having been so injured as to assist the water: that they 

[260] then commenced rolling out the Cotton on the upper part of the boat on to the Island, until 

they came to the two lower tiers which were then under water, at which time the river was rising 

very fast: that in order to procure assistance to get the Cotton which was saved off the Island the 

said David H. Mitchell, with all the hands except one whom they left behind to guard the deck, 

went to Memphis, where he duly entered his protest against the accident they had met with, 

which said protest was placed by the Notary before whom the same was made, in the Post Office 

at Memphis, addressed to John Gordon, Columbia, Tennessee: that after great exertions, he, the 

said Mitchell, engaged the Steam Boat Peru, then lying at the landing place of Memphis for and 

in consideration of One Thousand Dollars to be paid in this City, to undertake the removal of the 

Cotton lying on the said Cat Island, and to bring the same to this port: that on the night of the 

Twentieth March or thereabouts, the said Steamboat did proceed to the said Island, and, taking 

part on Board and part on a Flat Boat purchased for the purpose, received Two hundred and 

thirty nine Bales of Cotton, all of which the said Steam Boat duly bought to this port, and landed 

in good order, with the exception of about Ten Bales partially damaged with water: the balance 

of the said Flat Boat’s Cargo, say about One hundred and twenty bales, together with the said 

Boat having disappeared during their absence at Memphis having been as is supposed, swept 

away by the rising of the river, the man left in charge, thereof, having disappeared also 

 Now therefore, because of the premises, and as all the damage and injury, which 

[261] already have or may hereafter appear to have happened or accrued to the said Flat Boat and 

her said Cargo, have been occasioned solely by the circumstances herein before stated and 

expressed, and cannot nor ought not to be attributed to any insufficiency of the said Flat Boat or 

default of him, the said deponent or of any of his crew: he, the said deponent now requires me, 

the said Notary, to extend his said protest and make this public act thereof, that the same may 

serve and be and remain in full force and virtue as of right shall appertain 

104
 And whereupon, the said David H. Mitchell doth protest, and I, the said Notary, at his 

special instance and request do, by these presents, publicly and solemnly protest against the 

accident had and met with as aforesaid soberly or by means whereof, the said Boat and her said 

Cargo is or have been lost or damaged, for all losses, costs, charges, expenses, damage and 

injury, which the said David H. Mitchell, or the master, owners freighters or shippers of the said 

boat and of her said Cargo, or any part thereof, or any other person or persons interested or 

concerned in either already have or may hereafter pay, sustain, incur or has part unto, by or on 

account of the said premises, or for which the insurer or insurers after said Flat Boat or of her 

said Cargo, is or are respectively liable to pay, or make contribution or average, according to 

custom or to their respective contracts or obligations, and that no part of any such losses and 

expenses already incurred or which may be hereafter incurred, do fall on him the said Mitchell, 

or on the master of 

[262] the said Flat Boat or on any of the crew. 

 

 Thus done and protested in my office, at the said City of New Orleans in the presence of 

W G Latham and F. B. Vinotee, witnesses of lawful age and domiciliaited in this City who 

hereunto subscribe their names together with said appearers and me, Notary, on this Twenty fifth 

day of March, in the Year of Our Lord, One Thousand and eight hundred and thirty seven. 

[Signatures] WG Latham, F. B. Vinotee, D. H. Mitchell, Wm Christy, Not Public 

105
106
107
108
27th March 1837 State of Louisiana 

Protest by City of New Orleans 

Durham Hood 

Mater of flatboat 

Vermillion

 

 [268] Be it known that this day before me William Christy a Notary Public in and for the 

said City and Parish of New Orleans and commissioned and qualified_ 

 Personally came and appeared Durham Hood captain of a certain Flat Boat, called the 

Vermillion, owned by William Lee of Eugene in the State of Indiana: and with him also came 

and appeared James McIntyre and George Switzer hands employed on board said boat 

 Which said appearers, after having been duly and solemnly sworn, by me the said Notary 

upon the Holy Evangelists, voluntarily declare as follows, to wit: 

 The said Hood, that they left the said town of Eugene on board said Flat Boat on the 

Twenty third day of February last (1837) with a cargo of 77 Barrels of Flour, 291 sacks of Rye, 

405 sacks of Wheat, bound for this City: that when they started as aforesaid, the said boat was 

staunch, tight, sound, well manned and in good order and condition: that they started in company 

with another boat, and proceeded on their way without meeting with any thing worthy of 

relation, until Thursday the Second March, about Three o’clock in the morning, when a violent 

north wind arose and blew the said Flat Boat Vermillion on a drift at the head of Flock Island 

about two miles below Shawneetown on the Ohio River and through every exertion was made 

that experience could do about the [illegible] 

[269] forced the said Boat in a bar amongst the drift wood, where the waves beat so high that the 

water flowed over the roof of the boat, and in a short time she sunk underneath the water: that 

they escaped aboard the other boat which they had in company, and on the Fourth day of March, 

they went to Shawneetown, and entered a protest before Thomas F. Vaught, a Justice of the 

Peace for Gallatin County in the State of Illinois: and that after giving proper notice, he, said 

appearer, sold at public auction the chance of recovering the said boat and cargo for the sum of 

Ten dollars: and finally that they arrived in this City on Friday, the Twenty fourth day of March 

instant. 

 And whereas the said protest was not sufficiently explicit, he, the said Hood now requires 

me, the said Notary, to extend his said protest and make this public act thereof that the same may 

serve, and be and remain in full force and virtue, as of right shall appertain. 

 And the said James McIntyre and George Switzer do depose to concur and agree with the 

said Hood in the foregoing deposition, and solemnly declare the same to be true in every respect. 

 Now therefore, because of the premises, and as all the damage and injury, which already 

have or may hereafter appear to have happened or accrued to the said Flat Boat or to her said 

Cargo, have been occasioned solely by the circumstances herein before stated and cannot nor 

ought not to be attributed to any insufficiency of the said boat or default of him, the said Captain 

or of any of his crew, he, the said Captain, now requires me, the said Notary, to make his protest 

and this public act thereof: and thereafter the said Durham Hood 

[270] doth protest, and I, the said Notary, at his special instance and request do, by these 

presents, publicly and solemnly protest against the accident had and met with as aforesaid 

soberly or by means whereof, the said boat and her cargo have been lost or damaged, for all 

losses, costs, charges, expenses, damage and injury, which the said Captain, or the owners, 

freighters or shippers of the said Boat or of her said Cargo, or any other person or persons 

109
interested or concerned in either already have or may hereafter pay, sustain, incur or has part 

unto, by or on account of the said premises, or for which the insurer or insurers of the said boat 

or of her said Cargo, is or are respectively liable to pay, or make contribution or coverage, 

according to custom or to their respective contracts or obligations, and that no part of any such 

losses and expenses already incurred or which may be hereafter incurred, do fall on him the said 

Durham Hood or on any of his crew. 

Thus done and protested in my office, at the said City of New Orleans in the presence of 

W G Latham and F. B. Vinot, witnesses of lawful age and domiciliaited in this City who 

hereunto sign their names with said appearers and me, Notary, on the Twenty seventh day of 

March in the Year One Thousand eight hundred and thirty seven. 

[Signatures] Durham Hood, George Switzer, James “X” McIntyre, WG Lathum, F. B. Vinotee, 

Wm Christy, Not. Public 

110
111
112
113
2nd April 1838 

Protest by State of Louisiana

John F. Houchin City of New Orleans

Master of Flatboat 

Columbus 

 [417] By this Public Instrument of Protest, be it known that on this Second day of April, 

in the year of our Lord One Thousand eight hundred and thirty eight, before me William Christy 

a Notary Public in and for the said City and Parish of New Orleans, duly commissioned and 

qualified. 

 Personally came and appeared John F. Houchin, master of a certain Flat Boat, called the 

Columbus, and with him also came and appeared Frederick Smith, one the hands employed on 

said Boat. 

 Which said appearers, after having been duly and solemnly sworn, by me the said Notary 

upon the Holy Evangelists, voluntarily deposed as follows, to wit: 

 The said Master, that on or about the Ninth day of January last past (1838) they started 

from Hatcher’s warehouse on Green river in the State of Kentucky, on board said Flat boat with 

a cargo of Sixty one hogsheads of Tobacco consigned to Messes. W. M. Lambeth & Thompson 

of this City: that at the time of starting aforesaid the said Boat was staunch, tight and in good 

order and condition, and had two men on board besides him, said Master, to work her: that they 

proceeded on their way without meeting anything worthy of relation, until the fourteenth day of 

January last, about Eight o’clock in the morning when they were near the mouth of Mud River, 

the said Boat struck on a snag, which broke a large hole in her bottom, broke her timbers and 

split her gunnels, so that she sunk up to the roof in fifteen minutes after she struck the snag, 

which was so concealed under the water that it was impossible to see it: that they immediately 

set to work sawing the said snag so as to release the boat which they hauled to shore as speedily 

[418] as possible, and commenced taking out the Cargo which they effected in three or four days 

after the accident: that on examination of the said Boat, they found her to be so much injured 

that it was impossible to repair her so as to enable them to proceed with her any further in safety: 

and as they were unable to purchase a New Boat, after using every exertion for that purpose, they 

sold the said Tobacco and the Boat for the benefit of whom it might concern, having previously 

made a protest against said accident, before Solomon Rhodes, a Justice of the Peace for 

Muhlenberg County in the said State of Kentucky: and finally that they, said appearers, arrived 

in this City on Saturday, the Thirty first day of March last past. 

 Now therefore, because of the premises, and as all the loss, damage and injury, which 

already have or may hereafter appear to have happened or accrued to the said Flat Boat and to 

her said Cargo, have been occasioned solely by the circumstances herein before stated and 

cannot nor ought not to be attributed to any insufficiency of the said Flat Boat or default of him, 

the said Master, or of any of his crew, he the said Master, now requires me, the said Notary, to 

make their protest and this public act thereof, that the same may serve and be and remain in full 

force and virtue as of right shall appertain. 

 And the said Frederick Smith doth depose to concur and agree with the said Master in 

every particular contained, stated and expressed in the foregoing deposition and solemnly 

declares the same to be true in every respect. 

 And thereupon the said Master doth protest, and I, the said Notary, at his special instance 

and request do, by these presents, publicly and solemnly protest against the unavoidable accident 

had and met with as aforesaid occasioned as aforesaid, whereby 

114
[419] or by means whereof, the said Flat Boat and her said Cargo have been lost or damaged, for 

all losses, costs, charges, expenses, damage and injury, which the said Master or the owners 

freighters or shippers of the said Flat boat and of her said Cargo, or any other person or persons 

interested or concerned in either already have or may hereafter pay, sustain, incur or has part 

unto, by or on account of the said premises, or for which the insurer or insurers after said Flat 

Boat or of her said Cargo, is or are respectively liable to pay, or make contribution or average, 

according to custom or to their respective contracts or obligations, and that no part of any such 

losses and expenses already incurred or which may be hereafter incurred, do fall on him, the said 

Master or on his crew. 

 Thus done and protested in my office, at the said City of New Orleans in the presence of 

W G Latham and F. B. Vinot, witnesses of lawful age and domiciliaited in this City who 

hereunto subscribe their names together with the said appearers and me, Notary, on the day, 

month and year set forth in the Caption hereof. 

[Signatures] W. G. Lathum, F. B. Vinot, John F. Houchin, Frederick Smith, Wm Christy, Not. 

Public 

115
116
117
118
119
120
3rd April 1838 

Protest by State of Louisiana 

Samuel Duncan City of New Orleans 

Of Flat Boat 

Henry Clay 

[421] By this Public Instrument of Protest, be it known that this day before me William 

Christy a Notary Public in and for the said City and Parish of New Orleans duly commissioned 

and qualified: Personally came and appeared Samuel Duncan, one of the hands employed 

onboard the Flat Boat called the Henry Clay, owned by Martin Pirtle of Tennessee. Which said appearer, after having been duly and solemnly sworn, by me the said Notary 

upon the Holy Evangelists, voluntarily deposed as follows, to wit: 

That he assisted to load the said Boat at Duncan’s landing on the Hatchy river, in the said 

State of Tennessee, from which place she started on the Thirteenth or Fourteenth day of January 

last past (1838) with a cargo of about Two hundred and ninety Bales of Cotton, and commanded 

by Maj. Thomas Shaw, of Hardiman County, Tennessee, with five bow hands, to wit, the said 

appearers, John Corley, Felix Walker, [blank space] Jeter, and Jerry, a slave belonging to the said 

Martin Pirtle: that as the time of starting as aforesaid, the said Boat was staunch, tight, and in 

good order and condition: that they proceeded down the river in safety until about Eleven 

o’clock in the forenoon of the day after they started, the said Commander and hands being all on 

board discharging their duty, the said Boat ran on a log in deep water, the said log being so 

entirely concealed by the water that there was no ripple on break in the water to give notice of its 

being there: that they used every means in their power to get the said boat off until late in the 

afternoon of that day, when they discovered that owing to the river falling very fast, the said boat 

would sink at which time they commenced discharging the said cargo, by placing skids on the 

Boat and on the shore thereby making a gangway and rolling the Cargo 

[422] from the boat to the shore: whilst thus engaged, there came an unusually strong and 

lengthy storm of wind and rain, during which the said Boat went down one end still remaining on 

the log: that the said Commander immediately gave notice of the casualty and collected hands to 

the number of twenty or thirty, got out all the cargo, and placed it in the best condition they 

could on the shore: that Major Shaw, the commander became so unwell, through exposure and 

working in the water, that he was unable to proceed any further, and the hands, excepting him, 

said deponent, were unwilling to proceed, having only been engaged to bring said boat to the 

mouth of the Hatchy river, and considering themselves discharged, after having saved said 

Cargo, and place it on shore in the best manner they could: that as soon as the said Cotton had 

drained and dried as much as it could, Martin Pirtle, the owner of said Boat engaged James 

Hubbard to command her in the place of said Shaw, and employed another crew: that they 

reloaded said Boat, and proceeded on their way to this port where they arrived on the Twenty 

eighth day of March last past. And the said deponent further declared that he was a hand on said 

boat from Duncan’s landing whence she started until she arrived at this port, that said boat was a 

good and substantial one, about Eighty feet long and eighteen feet wide, and the gunnels were 

about three feet deep on average, that she had good and sufficient oars, and was well manned, 

and that her sinking was an unavoidable occurrence: that she sunk in the corner of Haywood 

County, Tennessee, a few miles below the village called Eastananla, in the woods about fifteen 

or twenty miles from any County seat that no protest was made by the said Shaw, Commander, 

against the accident aforesaid, on account of their great distance from a proper officer: and the 

said deponent further declared that he is well acquainted with Major Thomas Shaw, who 

commanded the said boat when she sunk: that he is a sober, careful and responsible 

121
[423] man, and a skilful navigator, and has taken hands from Duncan’s landing to the mouth of 

Hatchy river several times for different persons, during his residence in Hardiman County 

aforesaid. 

 And here personally came and appeared the above named James Hubbard, who, after 

having been duly and solemnly sworn upon the Holy Evangelists, voluntarily declared as 

follows, to wit: that he came on the flat Boat, called the Planter, from the point where the said 

Flatboat Henry Clay was sunk, in company with her after she was raised, and that from the 

mouth of the Hatchy river, he was employed by Martin Pirtle, the owner of said flatboat Henry 

Clay, to bring her down to this port, the former Commander Thomas Shaw having been taken 

sick in consequence of exposure in getting up the said Boat and Cargo after she was sunk, and 

was unable to proceed on the voyage: that the former crew of said boat all left after she was got 

up and the Cotton taken out of the river, except Samuel Duncan, who continued on the boat until 

her arrival at this port on the Twenty eighth day of March last past. 

 And here also personally came and appeared E. D. Tarver, who, after having been duly 

and solemnly sworn upon the Holy Evangelists, voluntarily deposed as follows, to wit: that he is 

a planter and also a Merchant of the firm of Tarver & Harris in Hardeman County, Tennessee, 

that the said Flat boat Henry Clay, was a substantial and well made boat, about Eighty or Eighty 

five feet long and eighteen or nineteen feet wide, gunnels averaging three feet deep, and had 

good oars: that he frequently saw and examined her timbers while building: that she was built 

and owned by Martin Pirtle who is an experienced Flat Boat builder and has for two seasons 

followed freighting Cotton down Hatchy River and to New Orleans: that he said appearer was 

present at the loading of said Boat at Duncan’s landing, owner and being interested in One 

hundred and sixty five Bales of Cotton 

[424] freighted on said Boat: that he was present during the whole time said Boat was loading: 

that she left Duncan’s landing on the 13th or 14th January 1838, and was in good condition and 

well provided and manned: that he intersected said boat several miles below Duncan’s landing, 

went on board of her, and felt well satisfied that she was safe, not leaking nor laden over the 

gunnels: that he left said Boat on Monday about three O’Clock P. M. between Duncan’s landing 

and Eastananla: that on Wednesday morning, he received news that said boat had sunk, and 

being sick at the time, he sent his overseer and hand, immediately to assist in saving the cargo 

that the next day, he, said appearer, went down and found the cotton all out and edged upon 

poles: that he saw the hands raise and bale the boat, one end of which was on the log, on which 

it ran and caused it to sink: that when the Boat was raised they discovered that it had sustained 

no damage: that the cotton remained on shore for ten or twelve days, after which it was put 

onboard the same boat, and under the charge of James Hubbard, was sent to New Orleans: and 

the said deponent further declared that the said Shaw, Commander of said Boat, is a sober, 

intelligent and respectable Citizen of Hardeman County, is a skilful navigator, and has taken 

several flatboats from Duncan’s landing out of Hatchy river, and never before lost one: that the 

Cotton above alluded to as being owned by said deponent and in which he was interested was not 

insured, and that the same attention was paid to that portion of the cargo insured, and the same 

exertions used to save it, as there were to the portion uninsured, to the best of his, said 

deponent’s knowledge and belief. 

 

Now therefore, because of the premises, and as all the loss, damage and injury, which 

already have or may hereafter appear to have happened or accrued to the said flat boat and to her 

said Cargo, have been occasioned solely 

[425] by the circumstances herein before stated and cannot nor ought not to be attributed to any 

insufficiency of the said Flat boat or default of the said Commander or of any of his Crew, he the 

said Samuel Duncan, now requires me, the said Notary, to make their protest and this public act 

thereof, that the same may serve and be and remain in full force and virtue as of right shall 

122
appertain: and thereupon the said Duncan doth protest, and I, the said Notary, at his special 

instance and request do, by these presents, publicly and solemnly protest against the unavoidable 

accident had and met with as aforesaid soberly or by means whereof, the said Flat boat or her 

said Cargo have been lost or damaged, for all losses, costs, charges, expenses, damage and 

injury, which the said Commander, or the owners freighters or shippers of the said Boat and of 

her said Cargo, or any other person or persons interested or concerned in either already have or 

may hereafter pay, sustain, incur or has part unto, by or on account of the said premises, or for 

which the insurer or insurers of the said boat or of her said Cargo, is or are respectively liable to 

pay, or make contribution or average, according to custom or to their respective contracts or 

obligations, and that no part of any such losses and expenses already incurred or which may be 

hereafter incurred, do fall on him the said Commander or on any of his crew. 

Thus done and protested in my office, at the said City of New Orleans in the presence of 

W G Latham and F. B. Vinot, witnesses who hereunto sign their names with said appearers and 

me, Notary, on this Third day of April Eighteen hundred and thirty eight. 

[Signatures] WG Lathum, F. B. Vinot, Samuel ‘X” Duncan, E. D. Tarver, James Hubbard, Wm 

Christy, Not Public 

123
124
125
126
29th Jany 1838 

Protest by State of Louisiana

James Smith City of New Orleans

Of Flat Boat 

C. J. W. No. 27 

[177] By this Public Instrument of Protest, be it known that on this Twenty Ninth day of January, 

in the Year of Our Lord, Eighteen hundred and thirty eight, before me, William Christy a Notary 

Public in and for the said City and Parish of New Orleans, State of Louisiana aforesaid, duly 

commissioned and qualified, Personally came and appeared James Smith, H McKee, Benjamin 

Barkley, Robert Thomas, and John Nelson, all of this City. 

Which said appearers, after having been duly and solemnly sworn, by me the said Notary 

upon the Holy Evangelists, voluntarily deposed as follows, to wit: 

The said James Smith, that about Ten or Twelve days ago, he took charge of Seven Flat 

Boats which lay together, and were moored nearly opposite Byrne’s Sawmill, a little above this 

City, among which was one marked C. J. W. No. 27 laden with Coal from Pomeroy’s Coalport 

on the Ohio river, and owned by Crafts I. Wright of Cincinnati, which boat and cargo was 

consigned to Francis Turner & Co and transferred to A. C. Armstrong who, with said Wright, put 

him said appearer, in possession of said Boat: that, as the time he took charge of said Boat, she 

was apparently tight, sound and in good order and condition, not leaking more than was 

necessary to keep her sweet: that he employed from Six to ten hands, all the time watching said 

Boats: that on Saturday, the Twenty seventh January instant, she was discovered to be in a 

sinking condition owing to having suddenly sprung a leak, and notwithstanding all their 

exertions, went down in not exceeding two hours time: the stern lying in the deepest water, the 

cargo drifted back, breaking the boat in two and made her a total lost: and the said appearers can 

only account for the springing of the leak by the frequent passing of steam boats so close as to 

occasion many heavy swells: the said boat having been [illegible] [illegible] [illegible] before 

was at that time tight and showed no defect. 

Now therefore, because of the premises, and as all the loss, damage and injury, which 

[178] already have or may hereafter appear to have happened or accrued to the said Flat Boat and 

to her said Cargo, have been occasioned solely by the circumstances herein before stated and 

cannot nor ought not to be attributed to any insufficiency of the said Flat Boat or default of him, 

the said deponent, or any of those persons whom he put in watch over the said Boat, he the said 

deponent, now requires me, the said Notary, to make their protest and this public act thereof, that 

the same may serve and be and remain in full force and virtue as of right shall appertain. 

 And the said H. McKee, Benjamin Barkley, Robert Thomas and John Nelson, who were 

employed by the said deponent to watch the said boats, do depose to concur and agree with the 

said deponent in the foregoing deposition and solemnly declare the same to be correct and true in 

every particular. 

 And thereupon the said James Smith doth protest, and I, the said Notary, at his special 

instance and request, do, by these presents, publicly and solemnly protest against the unavoidable 

accident had and met with as aforesaid, whereby or by means whereof, the said Flat Boat and her 

said Cargo have been lost, for all losses, costs, charges, expenses, damage and injury, which the 

said Master or the owners freighters or shippers of the said Flat Boat and of her said Cargo, or 

any other person or persons interested or concerned in either already have or may hereafter pay, 

sustain, incur or has part unto, by or on account of the said premises, or for which the insurer or 

insurers after said Flat Boat or of her said Cargo, is or are respectively liable to pay, or make 

contribution or average, according to custom or to their respective contracts or obligations, and 

127
that no part of any such losses and expenses already incurred or which may be hereafter incurred, 

do fall on him the said James Smith or any of those persons employed by him as aforesaid. 

Thus done and protested in my 

[179] office, at the said City of New Orleans in the presence of W G Latham and F.B. Vinot, 

witnesses who hereunto sign their names with said appearers and me, Notary, on the day and 

date set forth in the caption hereof. 

[Signatures] WG Lathum, F. B. Vinot, James Smith, Benjamin “X” Barkley, John “X” Nelson, 

H. “X” McKee, Wm Christy, Not Public 

128
129
130
131
10th February 1838 

Protest by State of Louisiana

James Smith City of New Orleans

Of Flat Boat 

C. J. W. 7. 

 [237] By this Public Instrument of Protest, be it known that this Tenth day of February in 

the year of Our Lord One Thousand eight hundred and thirty eight, before me William Christy, a 

Notary Public in and for the said City and Parish of New Orleans, duly commissioned and 

qualified 

 Personally came and appeared James Smith, Arthur Braden, and Alpha Brown, all of this 

City. 

 Which said appearers, after having been duly and solemnly sworn, by me the said Notary 

upon the Holy Evangelists, voluntarily depose as follows, to wit: 

 The said James Smith that some days ago, he took charge of several Flat Boats among 

which was one marked C. J. W. No. 7 laden with Coal from Pomeroy’s Coal Port on the Ohio 

River and owned by Crafts J. Wright, of Cincinnati which boat and cargo was consigned to 

Francis Turner & Co. of this City and transferred to A. C. Armstrong, who with said Wright, put 

him, said appearer, in possession of said Boat: that, at the time he took charge of said Boat, she 

was apparently sound and in good order and condition, not leaking more than was necessary to 

keep her sweet, and was moored outside of another boat which was secured to the shore a little 

above the City of Lafayette: that he employed from six to ten men all the time watching said 

boats, the said Arthur Braden having charge of said boat No 7: that on the seventh day of 

February instant, it began to blow pretty fresh, the wind increasing until about noon, which 

caused the waves to roll over the sides of said boat, whereby she slipped a considerable quantity 

of water, that the said Arthur Braden went on shore and obtained the assistance of the said Alpha 

Brown 

[238] that they continued working at the pumps without intermission in order to keep the said 

boat dry, until between two and three o’clock in the afternoon, when, finding that all their 

exertions were unavailing, they left the said boat, which sunk in about five minutes after, and 

was totally lost. 

 Now therefore, because of the premises, and as all the loss, damage and injury, which 

already have or may hereafter appear to have happened or accrued to the said Flat Boat and to 

her said Cargo, have been occasioned solely by the circumstances herein before stated and 

cannot nor ought not to be attributed to any insufficiency of the said Flat Boat or default of him, 

the said deponent or of either of the person whom he put in watch over the said boat, he, the said 

deponent, now requires me, the said Notary, to make their protest and this public act thereof, that 

the same may serve and be and remain in full force and virtue as of right shall appertain. 

 And the said Arthur Braden and Alpha Brown do depose to concur and agree with the 

said James Smith, in the foregoing deposition and solemnly declare the same to be correct and 

true in every particular. 

 And thereupon the said James Smith doth protest, and I, the said Notary, at his special 

instance and request do, by these presents, publicly and solemnly protest against the unavoidable 

accident had and met with as aforesaid soberly or by means whereof, the said Flat Boat and her 

said Cargo have been lost, for all losses, costs, charges, expenses, damage and injury, which the 

said Master or the owners freighters or shippers of the said Flat Boat and of her said Cargo, or 

any other person or persons interested or concerned in either already have or may hereafter pay, 

132
sustain, incur or has part unto, by or on account of the said premises, or for which the insurer or 

insurers after said Flat Boat or of her said 

[239] Cargo, is or are respectively liable to pay, or make contribution or average, according to 

custom or to their respective contracts or obligations, and that no part of any such losses and 

expenses already incurred or which may be hereafter incurred, do fall on him the said James 

Smith or on any of those persons employed by him as aforesaid. 

Thus done and protested in my office, at the said City of New Orleans in the presence of 

W G Latham and F. B. Vinot, witnesses of lawful age and domiciliaited in this City who 

hereunto subscribe their names with said appearers and me, Notary, on the day and date set forth 

in the Caption hereof. 

[Signatures] WG Lathum, F. B. Vinot, Arthur Braden, Alpha Brown, James Smith, Wm Christy, 

Not. Public 

133
134
135
136
14th February 1838 

Protest by State of Louisiana

James Smith of City of New Orleans

Flat Boat C. J. W. 13. 

 [265] By this Public Instrument of Protest, be it known that this Fourteenth day of 

February in the year of Our Lord One Thousand eight hundred and thirty eight, before me 

William Christy, a Notary Public in and for the said City and Parish of New Orleans, duly 

commissioned and qualified 

 Personally came and appeared James Smith, Arthur Braden, and Hamilton McKee, all of 

this City. 

 Which said appearers, after having been duly and solemnly sworn, by me the said Notary 

upon the Holy Evangelists, voluntarily depose as follows, to wit: 

 The said James Smith that some days ago, he took charge of several flat boats among 

which was one marked C. J. W. No. 13, laden with about 984 Barrels of Coal from Pomeroy’s 

Coal Port on the Ohio River and owned by Crafts J. Wright, of Cincinnati which boat and cargo 

was consigned to Francis Turner & Co. of this City and transferred to A. C. Armstrong, who 

with said Wright, put him, said appearer, in possession of said boat: that, at the time he took 

charge of said Boat, she was apparently sound and in good order and condition, not leaking more 

than was necessary to keep her sweet, and was moored outside of another boat, the two being 

secured to the stern of the Steam Boat, Uncle Sam, lying a little above the City of Lafayette in 

the Parish of Jefferson in this State: that four other boats under the said appearer’s charge were 

lying a little below the two above mentioned, which said flat boats were watched by the said 

Arthur Braden and Hamilton McKee under said appearer’s orders: that previous to and on the 

Twelfth day of February instant the weather became 

[266] very boisterous, the wind blowing very hard and causing the waves of the river to dash 

over the said boats: that the said Arthur Braden and Hamilton McKee believing that the four 

boats mentioned were in danger devoted the whole of their attention to them during the night of 

the Twelfth and the forenoon of the Thirteenth February instant that on their returning to the two 

first mentioned Boats, in the Forenoon aforesaid they discovered that the said Boat C. J. W. No 

13 had sunk and was totally lost for which circumstance they cannot account in any other way 

than by supposing that the waves must have dashed over said boat so violently as to fill her with 

water, and caused her to sink. 

 Now therefore, because of the premises, and as all the loss, damage and injury, which 

already have or may hereafter appear to have happened or accrued to the said Flat Boat and to 

her said Cargo, have been occasioned solely by the circumstances herein before stated and 

cannot nor ought not to be attributed to any insufficiency of the said Flat Boat, or default of 

them, the said appearers, he, the said deponent, now requires me, the said Notary, to make their 

protest and this public act thereof, that the same may serve and be and remain in full force and 

virtue as of right shall appertain. 

 And the said Arthur Braden and Hamilton McKee do depose to concur and agree with the 

said James Smith, in the foregoing deposition and solemnly declare the same to be correct and 

true in every particular. 

 And thereupon the said James Smith doth protest, and I, the said Notary, at his special 

instance and request do, by these presents, publicly and solemnly protest against the unavoidable 

accident had and met with as aforesaid, occasioned and aforesaid, where or by means whereof, 

the said Flat Boat 

137
[267] and her said Cargo have been lost, for all losses, costs, charges, expenses, damage and 

injury, which the said Master or the owners freighters or shippers of the said Flat Boat and of her 

said Cargo, or any other person or persons interested or concerned in either already have or may 

hereafter pay, sustain, incur or has part unto, by or on account of the said premises, or for which 

the insurer or insurers after said Flat Boat or of her said Cargo, is or are respectively liable to 

pay, or make contribution or average, according to custom or to their respective contracts or 

obligations, and that no part of any such losses and expenses already incurred or which may be 

hereafter incurred, do fall on them, the said appearers. 

Thus done and protested in my office, at the said City of New Orleans in the presence of 

W G Latham and F. B. Vinot, who hereunto sign their names with said James Smith, Arthur 

Braden, and me, Notary, the said Hamilton McKee not being able to write makes his mark to 

these presents, after the same had been read and explained to him, by me, the said Notary, on the 

day and date set forth in the Caption hereof. 

[Signatures] WG Lathum, F. B. Vinot, James Smith, Arthur Braden, Hamilton “X” McKee, Wm 

Christy, Not. Public 

138
139
140
141
142
143
24th December 1838 

Protest by State of Louisiana

David Laughlin City of New Orleans 

Master of Steamer 

Logansport 

[555] By this Public Instrument of Protest, be it known that on this Twenty fourth day of 

December, in the Year of Our Lord, One Thousand Eight hundred and thirty eight, before me 

William Christy a Notary Public in and for the said City and Parish of New Orleans, State of 

Louisiana aforesaid, duly commissioned and qualified. 

Personally came and appeared David Laughlin master of the Steam Boat Logansport, and 

with him also came and appeared Jacob King, William N. Rogers and John Crone Passengers on 

board said Boat. 

Which said appearers, after having been duly and solemnly sworn, by me the said Notary 

upon the Holy Evangelists, voluntarily deposed and said as follows, to wit: 

The said Master, that on the Twenty first day of November, last past (1838) they left 

Cincinnati, in the State of Ohio, on board said Boat, bound to this Port, with a Cargo of Lard, 

Pork, Butter and Castings, consigned to Mess. Francis Turner & Co. of this City: that when they 

started as aforesaid, the said Boat was staunch, tight, well manned and provided, and in good 

order and condition, and had a flat boat in tow, which they used for the convenience of the 

passengers, who were about Two hundred in number, in lightening out of the Ohio River: that 

they proceeded on their voyage, without meeting with any circumstance worthy of relation, until 

the First day of December instant, at about Six o’clock P. M. when they were at the foot of Buck 

Island, Crittenden County in the State of Arkansas, while in the act of landing the said Steam 

Boat at a Wood yard, for the purpose of taking in wood and laying to for the night, She struck a 

snag or log concealed under water on her larboard side, about mid ships, which stove a hole in 

said boat, [illegible] 

[556] she commenced filling with water: that as soon as the said Boat struck the snag, they 

immediately went ahead with the engine, in order to run the said Boat into shoaler [sic] water, so 

as to enable the passengers to get on shore, by means of the flat boat they had in tow: that in a 

few minutes the run said boat into fifteen feet water, where she sunk down within a few inches of 

her cabin floor, in spite of all the exertions which were used by the said Master and his crew to 

save her: that, after getting all the passengers with their luggage on shore in safety, they 

succeeded in landing eighteen horses which they had on board, and then procured assistance, and 

commenced saving as much of the cargo and of the boat as they possibly could: that owing to 

their unremitting exertions and labour, about one fifth of the cargo, various parts of the engine, 

the furniture of the boat, and such portions as could be detached such as doors, sashes were 

saved, and that part of the cargo which was saved, was shipped immediately to this port by the 

Steam Boat Havana: that he, the said Master left his mate and a sufficient number of hands at 

the place for the purpose of saving and taking care of the property left in the said Boat, and made 

a Note of Protest against the accident aforesaid, before Daniel Harklerson [?] Jr. a Justice of the 

Peace for said Crittenden County on the 5th December instant: that he, the said Master, then 

proceeded to this City, and arrived here at Two oClock in the morning of the Twenty third 

December instant. 

 Now therefore, because of the premises, and as all the loss, damage and injury, which 

already have or may hereafter appear to have happened or accrued to the said Steam Boat and to 

her said Cargo, have been occasioned solely by the circumstances herein before stated and 

cannot nor ought not to be attributed to any insufficiency of the said Steam Boat or default or 

neglect of him, the said Master, or of any of his crew, he 

144
[557] Personally appeared before me the undersigned & Justice of the peace in and fore 

the County of Crittenden and State of Arkansas, the undersigned Cpt. D. Laughlin of the Steam 

Boat Logansport together with the officers of Said boat and made oath that on the First day of 

December 1838 at about Six o clock P. M. at the foot of Buck Island, while in the act of Landing 

said Steam boat Logansport at a Wood yard for the purpose of taking in Wood and Laying too 

for the night that the said Steam boat struck a snag or log on her Larboard side about midships 

which snag stove a hole in said boat and she filled with water and sunk in a few minutes down 

within a few inches of her Cabin floor in about fifteen feet water and that every exertion within 

their power was made use of by the Cpt & Crew of said boat for the preservation of the boat and 

Cargo and the said Cpt. D. Laughlin and officers of said Boat Do hereby protest against any and 

all Loss or damage which said Boat or Cargo May sustain in consequence of said Sinking. 

Sworn to and subscribed before} David Laughlin, Master 

Me this 6th day of December 1838- William W. Dawson, Pilot 

Daniel Harklerson, Jr J.P. Joseph J. Hildseth, Mate 

The said Master now requires me, the said Notary, to make his protest and this public act thereof 

that the same may serve and be and remain in full force and virtue as of right shall appertain. 

 And the said Jacob King, William N. Rogers and John Crone, Passengers, do depose to 

concur and agree with said Master in every particular contained, stated and expressed in the 

foregoing Deposition, and solemnly declare the same to be true in every respect. 

 And thereupon the said Master doth protest, and I, the said Notary, at his special instance 

and request do, by these presents, publicly and solemnly protest against the unavoidable accident 

had and met with as aforesaid occasioned as aforesaid, whereby or by means whereof, the said 

Steam Boat and her said Cargo have been lost or damaged, for all losses, costs, charges, 

expenses, damage and injury, which the said Master or the owners freighters or shippers of the 

said Boat and of her said Cargo, or any other person or persons interested or concerned in either 

already have or may hereafter pay, sustain, incur or has part unto, by or on account of the said 

premises, or for which the insurer or insurers after said Steam Boat and of her said Cargo, is or 

are respectively liable to pay, or make contribution or average, according to custom or to their 

respective contracts or obligations, and that no part of any such losses and expenses already 

incurred or which may be hereafter incurred, do fall on him the said Master, or on his said 

Officers and Crew. 

 Thus done and protested in my office, at the said City of New Orleans in the presence of 

William G Latham and Henry C. Chinn, who hereunto sign their names with said appearers and 

me, Notary, on the day, month and year 

[558] set forth in the Caption hereof. 

[Signatures] WG Latham, H. C. Chinn, David Laughlin, John Crone, Jacob King, W. N. Rogers, 

Wm Christy, Not. Pub. 

145
146
147
148
149
5th December 1838 United States of America

Protest by State of Louisiana

Francis M. Johnson City of New Orleans

Master of Steamer 

Washington 

[467] By this Public Instrument of Protest, be it remembered that this Fifth day of 

December, in the Year of Our Lord, One Thousand Eight hundred and thirty eight, and of the 

Independence of the United States of American, the Sixty third, before me William Christy a 

Notary Public in and for the said City and Parish of New Orleans duly commissioned and 

qualified_ 

Personally came and appeared Francis M. Johnson, Captain of the Steam Boat, “Washington”, Zachariah H. Tannehill, Clerk, John Vanderhoof, Second Engineer, Adam 

Hixenbough, Carpenter, George Cummings, and John P. Legg, Seamen, belonging to and lately 

acting on board of the said Steam Boat, Washington, under the command of the said Francis M. 

Johnson. 

Which said appearers, after having been duly and solemnly sworn, by me the said Notary 

upon the Holy Evangelists, did depose and say, as follows, to wit: 

The said Francis M. Johnson, Captain, that they left Louisville in the State of Kentucky 

on the nineteenth day of November last past, (1838) on board said Steam Boat Washington, bound for Mobile, in the State of Alabama, with an assorted Cargo: that at the time of leaving, 

as aforesaid, the said Steam Boat was staunch, tight, well manned and provided, and in good 

order and condition: that they proceeded on their voyage to the place of destination, as far as 

Glascock’s Island, about twenty five miles below Natchez in the State of Mississippi, where they 

took in forty cords of wood, and whilst dropping down to a Wood yard about half a mile below 

to take in an additional supply of wood, whilst swinging into the landing, that said Steam Boat 

struck something under water which could not 

[468] be seen, and in about fifteen minutes she sunk to her cabin floor aft, and over her first deck 

forward: that the time at which she struck was between Eleven and Twelve o’clock on the night 

of the twenty ninth of November last past, and that the said night was a bright moonlight night, 

so that no other light than that of the moon was required to enable them to take in the wood from 

the bank of the river, that the moment the said Steam boat struck, the engineer, who was on 

watch, immediately shipped the bilge pump, which continued to throw the water from the hold 

until the engine stopped working: the fly wheel also throwing a large portion of water from the 

hold, and every exertion was used by the officers and crew to save the said Steam Boat and her 

cargo from damage: that they secured her well to the shore both from her stern and bow with 

strong grass ropes and a chain cable: that they then commenced to get the cargo on shore, and 

succeeded in saving about Four hundred barrels of flour (being part of the cargo) and a few other 

articles together with nearly all the furniture and tackle of the Boat, which, with Three hundred 

and thirty nine Barrels of the said Flour, were shipped on board the Steamboat Sultan, bound for 

New Orleans: that the remainder of the cargo still remains on board the said Steam Boat 

Washington which has now the whole of her main deck covered with water, and is under the 

charge of William James, the first mate and John Blair, a seaman, who are endeavoring to save 

every thing possible: that on the Second day of December instant, they, the said appearers went 

before James K. Cook, a Notary Public at Natchez, in the State of Mississippi, aforesaid, and 

entered their protest against the accident which had happened to the said Steam boat, as aforesaid 

 [469] Now therefore, because of the premises, and as all the loss, damage and injury, 

which already have or may hereafter appear to have happened or accrued to the said Steamboat 

150
Washington, and to her said Cargo, have been occasioned solely by the circumstances herein 

before stated and cannot nor ought not to be attributed to any insufficiency of the said Steam 

Boat or default or neglect of him the said Francis M. Johnson, Captain, or of any of his Officers 

or crew, he, the said Captain, now requires me, the said Notary, to make his protest in a more 

extended form than the one which was made at Natchez, and this public act thereof, that the 

same may serve and be and remain in full force and virtue as of right shall appertain. 

And the said Zachariah H. Tannehill, clerk, John Vanderhoof, Second Engineer, Adam 

Hixenbough, Carpenter, George Cummings and John P. Legg, Seaman, do depose to concur and 

agree with said Captain, in every particular contained, stated and expressed in the foregoing 

deposition, and solemnly declare the same to be true in every respect. 

And thereupon the said Francis M. Johnson doth protest, and I, the said Notary, at his 

special instance and request do, by these presents, publicly and solemnly protest against the 

unavoidable accident aforesaid, occasioned as aforesaid, whereby or by means whereof, the said 

Steam Boat and her said Cargo, is or are or have been lost or damaged, or injured, for all losses, 

costs, charges, expenses, damage and injury, which the said Captain, or the owners, freighters or 

shippers of the said Steamboat and of her said Cargo, or any other person or persons interested or 

concerned in either already have or may hereafter pay, sustain, incur or has part unto, by or on 

account of the said premises, or for which the insurer or insurers after said Steam Boat or of her 

said Cargo, is or are respectively liable 

[470] to pay, or make contribution or average, according to custom or to their respective 

contracts or obligations, and that no part of any such losses and expenses already incurred or 

which may be hereafter incurred, do fall on him the said Captain or on his officers or crew. 

 Thus done and protested in my Office, at the said City of New Orleans in the presence of 

W G Latham and H. C. Chinn, witnesses of lawful age and domiciliaited in this City who 

hereunto sign their names with said appearers and me, Notary, on the day and date set forth in 

the Caption hereof- 

[Signatures] WG Latham, H. C. Chinn, FM Johnson, ZH Tannehill, John Vanderhoof, A. 

Hixenbough, George Cummings, John P Legg, Wm Christy, Not Public 

151
152
153
154
155
14th February 1839 

Protest by State of Louisiana

Vachel M. D. Harding City of New Orleans

Master of Flat Boats 

 [277] By this Public Instrument of Protest, be it remembered that this Fifth day of 

December, in the Year of Our Lord, One Thousand Eight hundred and thirty nine, before me, 

William Christy a Notary Public in and for the said City and Parish of New Orleans duly 

commissioned and qualified 

Personally came and appeared Vachel Miles Duvall Harding, Master of two Flat Boats 

designated by the Numbers “One” and “Two”: and with him also came and appeared Calvin 

Ketchum and Joseph Read, hands employed on board said Boats: 

Which said appearers, after having been duly and solemnly sworn, by me the said Notary 

upon the Holy Evangelists, voluntarily deposed and said as follows, to wit: 

The said Master, that on the Fifteenth day of December 1838 they left Louisville in the 

State of Kentucky, with the said flat Boats, both laden with flour, and consigned to Mess. A H 

Wallace & Co. of this City: that when they started as aforesaid the said boats were staunch, tight 

well manned and provided, and in good order and condition: that nothing particular happened on 

the voyage, until the Seventh day of February instant, when they were at the foot of Tunica 

Bend, the Steam Boat W. L. Robeson [illegible] run foul of both flat boats, breaking off the 

steering oar of No 2., and one of the side oars of No 1., and straining the sterns of said boats so 

slightly as to be considered of no importance: that they continued on their voyage until between 

eight and nine o’clock in the morning of the Eleventh February instant, when they were opposite 

Hampton’s plantation, about fifteen miles below Lafourche, the said Master, who, for two days 

and two nights previously had been on the watch and had not slept, went below leaving 

directions with his men 

[278] to keep the boats as near as possible in the middle of the river, where they then were: that 

the men commenced rowing, and in a few minutes, the said master looked out, and thought that 

the boats were sufficiently clear of the eddy: that the force of the current was however too strong 

and drew them gradually into the eddy, in spite of all the exertions of the men to prevent it: that 

in coming out of the end of the eddy, the said Boat No 1. struck on a snag under water about 

thirty yards from the shore, which in consequence of the water falling rapidly ran through the 

bottom of said boat near her middle: that the said boat then swung round and thus made the hole 

in the bottom much larger so that she sunk in about ten minutes: that as soon as they found that 

the said boat was sinking, they tore off the roof and commenced taking out the cargo and placing 

it on the other boat: that they succeeded in getting out about seventy or seventy five barrels of 

flour before it got wet, and in as much as the said boat lay too far from shore to allow of the 

erection of a stage, they immediately engaged the Brig Frederick Pearl to come along side and 

take the balance of the said boats cargo on board: that the said Brig took on board Four hundred 

and twenty barrels of flour which were damaged: and the said flat Boat No 2 took about fifty 

barrels of damaged flour in addition to that which was dry: that they sold the said Flat boat 

sticking on the snag, not being able to get her off: that they proceeded on their voyage on the 

Twelfth February, about Ten oClock in the evening and arrived in this City this day at Twelve 

oClock Meridian, the said Brig not having yet arrived. 

 Now therefore, because of the premises, and as all the loss, damage and injury, which 

already have or may hereafter appear to have happened or accrued to the said Flat boat and to her 

said Cargo, have been occasioned solely by the circumstances herein before stated and 

156
[279] cannot nor ought not to be attributed to any insufficiency of the said Flat Boat or default or 

neglect of him, the said Master, or of any of his crew, he the said Master, now requires me, the 

said Notary, to make their protest and this public act thereof, that the same may serve and be and 

remain in full force and virtue as of right shall appertain. 

 And the said Calvin Ketchum, (who was steering the said Flat Boat at the time the 

accident happened) and Joseph Read, hands, do depose to concur and agree with said Master, in 

every particular contained, stated and expressed in the foregoing deposition, and solemnly 

declare the same to be true in every respect. 

 And thereupon the said Vachel Miles Duval Harding, master, doth protest, and I, the said 

Notary, at his special instance and request do, by these presents, publicly and solemnly protest 

against the unavoidable accident aforesaid, occasioned as aforesaid, whereby or by means 

whereof, the said Flat Boat and her said Cargo, is or are or have been lost or damaged, for all 

losses, costs, charges, expenses, damage and injury, which the said Master or the owners, 

freighters or shippers of the said Flat Boat and of her said Cargo, or any other person or persons 

interested or concerned in either already have or may hereafter pay, sustain, incur or has part 

unto, by or on account of the said premises, or for which the insurer or insurers after said flat 

boat or of her said Cargo, is or are respectively liable to pay, or make contribution or coverage, 

according to custom or to their respective contracts or obligations, and that no part of any such 

losses and expenses already incurred or which may be hereafter incurred, do fall on him the said 

Master or on his any of his crew. 

 Thus done and passed in my office, at the said City of New Orleans aforesaid in the 

presence of William G Latham and George C. Chinn, witnesses of lawful age and domiciliaited 

in this City who hereunto subscribe their names together with said appearers and me, Notary, on 

this Fourteenth day of February Eighteen hundred and thirty nine. 

[Signatures] W G Latham, G C Chinn, VMD Harding, Calvin Ketchum, Joseph “X” Read, Wm 

Christy, Not. Public 

157
158
159
160
7th March 1839 

Protest by State of Louisiana 

William White City of New Orleans 

Master of Flat boats 

 [452] By this Public Instrument of Protest, be it known that this Seventh day of March, in 

the Year of Our Lord, One Thousand Eight hundred and thirty nine, before me William Christy, 

a Notary Public in and for the said City and Parish of New Orleans, State of Louisiana aforesaid, 

duly commissioned and qualified- William White, commander of Two flat Boats, designated by 

the Numbers One and Two, and with him also came and appeared Patrick E. Porter, Richard 

Johnson, William Thompson and John White, employed on said Boats. 

 Which said appearers, after having been duly and solemnly sworn, by me the said Notary 

upon the Holy Evangelists, voluntarily deposed as follows, to wit: 

 The said William White, commander, that on the Twenty second day of January, 

Eighteen hundred and thirty nine, they left Gallatin County in the State of Kentucky, with a 

Cargo of Pork and Lard, bound for this Port, having nine men on board to navigate said Boats: 

that where they started as aforesaid, the said Boats were staunch, tight, and well provided for the 

voyage: that nothing particular occurred until late in the afternoon of the Twenty seventh of 

February last past, (1839) when they were about the Red Church, twenty four miles above this 

City, Boat Number One, being on the opposite side Number Two on the river side, and nearly 

opposite to each other, when a violent storm arose, and the said Patrick E. Porter took charge of 

Number Two, with the said Johnson and Thompson, as hands: that the storm blew the said Boat 

Number Two on shore, in spite of all their exertions to prevent it, the storm being so violent, that 

they lost all command of said Boat: that in running ashore, the Boat struck something under 

water near shore, which caused her to sink immediately: 

[453] that they set to work without delay and succeeded in making the said boat fast to the shore 

and have since got all the Cargo out with the exception of two or three barrels and finally that 

they arrived here on board said Boat Number One on the Fifth day of March instant. 

 Now therefore, because of the premises, and as all the loss, damage and injury, which 

already have or may hereafter appear to have happened or accrued to the said Flat boat and to her 

said Cargo, have been occasioned solely by the circumstances herein before related, and cannot 

nor ought not to be attributed to any insufficiency of the said Flat Boat or default or neglect of 

him the said Commander or any of his Crew, he, said Master now requires me, the said Notary, 

to make their protest and this public act thereof, that the same may serve and be and remain in 

full force and virtue as of right shall appertain. 

 And the said Patrick E. Porter, Richard Johnson, William Thompson, and John White do 

depose to concur and agree with said William White, commander, in every particular contained, 

stated and expressed in the foregoing deposition, and solemnly declare the same to be true in 

every respect. 

 And thereupon the said John White, commander, doth protest, and I, the said Notary, at 

his special instance and request do, by these presents, publicly and solemnly protest against the 

unavoidable accident had and met with as aforesaid, occasioned as aforesaid, whereby or by 

means whereof, the said Flat Boat and her said Cargo, is or are or have been lost or damaged, for 

all losses, costs, charges, expenses, damage and injury, which the said Commander, or the 

owners freighters or shippers of the said flat boat and her said Cargo, and any other person or 

persons interested or concerned in either already have or may hereafter pay, sustain, incur or has 

part unto, by or on account of the said premises, or for which the insurer or insurers after said flat 

boat or of her said Cargo, is or are respectively liable 

161
[454] to pay, or make contribution or average, according to custom or to their respective 

contracts or obligations, and that no part of any such losses and expenses already incurred or 

which may be hereafter incurred, do fall on him the said Commander, or upon any of his crew. 

 Thus done and passed in my office, at the said City of New Orleans in the presence of W 

G Latham and H. C. Chinn, witnesses of lawful age, who hereunto sign their names with said 

appearers and me, Notary, on the day and date set forth in the caption hereof. 

[Signatures] Richard “X” Johnson, Patrick E. Porter, WM White, William Thompson, John W. 

White, WG Latham, HC Chinn, Wm Christy, Not. Public 

162
163
164
165
166
8th June 1839 

Protest by State of Louisiana

Francis C. Martin City of New Orleans

Master of flat boat 

Francis Marion 

 [514] By this Public Instrument of Protest, be it known that this Eighth day of June, in the 

Year of Our Lord, One Thousand Eight hundred and thirty nine. Before me William Christy, a 

Notary Public in and for the said City and Parish of New Orleans, State of Louisiana aforesaid, 

duly commissioned and qualified, Personally came and appeared Francis C. Martin, master of a 

certain Flat Boat, called the “Francis Marion”, and with him also came and appeared William 

Sacry and Jesse Hazelip, hands employed on board said Boat. 

 Which said appearers, after having been duly and solemnly sworn, by me the said Notary 

upon the Holy Evangelists, voluntarily deposed and said as follows, to wit: 

 The said Master that on the Third day of May last past (1839) they left Roach’s 

warehouse, on Green River, in the State of Kentucky, on board said Flat Boat, with a cargo of 

sixty three hogsheads of Tobacco, Forty six of which were consigned to Messes. Tate & 

Hopkins, of this City, and the balance to Messes. Rogers, Gray & Co. of this city: that when 

they started, as aforesaid, the said Flat Boat was staunch, tight, well-manned and provided, and 

in good order and condition for the voyage: that they proceeded on their way, without meeting 

any thing worthy of relation until about daybreak on the Twenty fifth of the said Month of May, 

when they were near Island No 59 or St. Francis Island in the Mississippi river about twelve 

miles above the Town of Helena, in the State of Arkansas, when they noticed a Steam Boat 

endeavouring to get up the shute at that place: that by the time they got below the foot of said 

Island, the said Steam Boat, which was the United States Snag Boat, Archimedes, which had got 

aground in passing up the shute and had backed out, was crossing from the foot of the 

[515] shute into the main river where said flat Boat was floating with the current: that they saw 

from the relative positions of the two boats, that if the Snag Boat continued on her course, a 

collision must inevitably ensure: they therefore made every signal in their power, by shouting 

and waving of lighted brands to warn the said Snag boat of their situation, but no notice was 

taken of their signals, and the said Snag boat struck said flat boat between the bow and mid 

ships, and broke the gunnel, which caused her to sink in less than five minutes after the 

concussion: that they immediately requested Charles Irvin, Commander of said Snag Boat to take 

them in tow, which he did, and in answer to their question as to what had induced him to run 

them down, replied that he was getting out of bed at the time and was not on watch, and that the 

Pilot was to blame: that the said flat boat was towed down to Helena aforesaid, and the hands of 

the Snag boat, by order of their Commander unloaded said flat boat and placed the cargo on the 

wharf, without charge for their labour: that the next day (the 26th) the said Cargo was reshipped 

on board the Steam boat North Alabama, and arrived at this Port on the Thirtieth day of May 

aforesaid: and finally, that whilst they were at Helena, they went before Thomas B. Harley, a 

Notary Public and made a Statement under oath of all the circumstances under which the said 

accident occurred. 

 Now therefore, because of the premises, and as all the loss, damage and injury, which 

already have or may hereafter appear to have happened or accrued to the said Flat boat and her 

said Cargo, have been occasioned solely by the circumstances herein before stated and cannot 

nor ought not to be attributed to any insufficiency of the said flat boat or default or neglect of 

him, the said Master or of any of his crew, he, the said Master, now requires me, the said Notary, 

to make their protest and this public act thereof, that the same may serve 

[516] and be and remain in full force and virtue as of right shall appertain. 

167
 And the said William Sacry and Jesse Hazelip do depose to concur and agree with said 

Captain, in every particular contained, stated and expressed in the foregoing deposition, and 

solemnly declare the same to be true in every respect. 

 And thereupon the said Master doth protest, and I, the said Notary, at his special instance 

and request do, by these presents, publicly and solemnly protest against the accident aforesaid, 

whereby or by means whereof, the said flat boat and her Cargo have been lost or damaged, for all 

losses, costs, charges, expenses, damage and injury, which the said Master or the owners 

freighters or shippers of the said flat boat and of her said Cargo, already have paid or may 

hereafter pay, sustain, incur or has part unto, by or on account of the said premises, or for which 

the insurer or insurers after said flat boat and her said Cargo, is or are respectively liable to pay, 

or make contribution or coverage, according to custom or to their respective contracts or 

obligations, and that no part of any such losses and expenses already incurred or which may be 

hereafter incurred, do fall on him the said Master or upon any of crew. 

 Thus done and protested in my office, at the said City of New Orleans in the presence of 

W G Latham and H. C. Chinn, witnesses of lawful age and domiciliaited in this City who 

hereunto sign their names with said appearers and me, Notary, on the day and date set forth in 

the Caption hereof. 

[Signatures] WG Latham, HC Chinn, F C Martin, William “X” Sacry, Jesse “X” Hazelip, Wm 

Christy, Not Public 

Helena, Arks May 25th 1839 

A Statement of the Facts and circumstances attending the sinking and wreck of the Flat boat “Francis Marion” which occurred at Island No 59 or “St. Francis Island” in the Mississippi river 

some twelve miles above the Town of Helena Arks. 

 The “Francis Marion” was owned by Robert H Gaines & Co of Green County and State 

of Kentucky and received her freight at Roach’s Ware house on Green river in said State on the 

3rd day of May 1839, which consists of sixty three hogsheads of Tobacco: the “Francis Marion” 

was destined for the port of New Orleans and her cargo was consigned to the care of Messes Tate 

& Hopkins and Messes Rogers & Gray merchants of said City as will appear by [illegible] had to 

the bills of lading herewith enclosed. Said boat was under the superintendence and management 

of F. C. Martin as master. The “Francis Marion” had reached the above mentioned point on the 

Mississippi river, when about 4 Oclock in the morning of the 25th of this month (May), she was 

ran against by the Snag boat ‘Archimedes’ commanded by one Irvin, and in consequence of the 

injury incurred from the collision, she sunk immediately. Signs were made and given to the Pilot 

of the Archimedes in time as was supposed, for him to have avoided the collision, which ensued, 

but they were disregarded by him. 

Sworn to & subscribed before Thomas B. Hardy Not. Public, within and for the County of 

Philips & State of Arkansas at Helena this 25th day of May past 1839. In witness whereof I now 

hereunto set my presiding seal to being as seal of office. 

T. B. Hardy, Notary Public 

[Signatures] H C Martin, Captain of the Francis Marion, William “X” Sacry Jesse “X” Hazelip 

168
169
170
171
22nd January 1840 

Protest by State of Louisiana

Elijah Sprague City of New Orleans

Owner of a Flat Boat 

 [169] By this Public Instrument of Protest, be it known that this Twenty second day of 

January, in the Year of Our Lord, One Thousand eight hundred and forty, before me, William 

Christy, a Notary Public in and for the said City and Parish of New Orleans, State of Louisiana 

foresaid, duly commissioned and qualified. 

Personally came and appeared Elijah Sprague, owner of a certain Flat Boat, having no 

name or designation, and with him also came and appeared William C. Shepherd, commander 

of said Boat, and Robert Short and Thomas J. Song, two of the hands lately employed thereon. 

Which said appearers, after having been duly and solemnly sworn, by me the said Notary upon 

the Holy Evangelists, voluntarily deposed and said, as follows, to wit: 

The said Elijah Sprague, that on the Ninth day of December last past (1839) they left 

Cincinnati, in the State of Ohio, on board said flat boat, laden with Flour and Apples, and 

bound for this Port: that when they started as aforesaid, the said boat was staunch, tight, well 

manned and provided and in good order and condition for the voyage: that they descended the 

Ohio River, without meeting any thing worthy of relation, until the Eight day of January 

instant, when about half past four o’Clock in the afternoon, they arrived at Cash Island Bar, six 

miles above the mouth of the Ohio River: that in going through the channel at that place, they 

observed at a distance, a snag which they used every exertion in their power to avoid and 

endeavored to land, but without avail, as the current was so strong it was impossible to get out 

of the channel which was only three and a half feet deep, and the said Boat drew three feet 

water: that the current [illegible] Boat with 

[170] such violence against said Snag, that a plank from the timbers on the bottom near the 

bow of said boat was torn off, and an opening made, through which the water rushed so as to 

make said Boat sink in less than two minutes, to the bottom of the channel and three tiers of the 

Flour got covered with water, being about Four hundred Barrels: that without loss of time, 

next morning they procured lighters and assistance and by indefatigable exertions got all the 

Cargo which was not wet on shore and the day following they got the remainder of the Cargo 

on shore, with the exception of Ten or Eleven Barrels: that on the Twelfth day of January 

instant they went before John O Marsh, a Justice of the Peace for the County of Alexander and 

State of Illinois, and made affidavits as to the circumstances attending the accident above 

mentioned: that they had previously reshipped the whole of the Cargo they had saved on board 

the Steam Boat “Governor Shelby” to be brought down to this City and for which they charged 

One Dollar per Barrel, having made several applications to other Steam Boats, in the hope of 

being able to get the Cargo brought down at a lower rate, but without effect: that the said 

Steam Boat “Governor Shelby” left the place where the accident occurred, at noon the said 

Twelfth day of January, and arrived at this Port with the said Cargo, yesterday, at noon. 

Now therefore, because of the premises, and as all the loss, damage and injury, which 

already have or may hereafter appear to have happened or accrued to the said flat boat and to 

her said Cargo, or either, have been occasioned solely by the circumstances herein before 

stated and cannot nor ought not to be attributed to any insufficiency of the said flat boat or 

default or neglect of the Commander thereof, or of any of his Crew, now requires me, the said 

Notary, to make his protest and this public act thereof, that the same may serve and be and 

remain in full force and virtue as of right shall appertain. 

And the said William C. Shepherd, 

172
[171] Commander, and Robert Short and Thomas J. Long, hands, do depose to concur and 

agree with said Captain, in every particular contained, stated and expressed in the foregoing 

deposition, and solemnly declare the same to be true in every respect. 

 And thereupon, the Elijah Sprague doth protest, and I, the said Notary, at his special 

instance and request do, by these presents, publicly and solemnly protest against the 

unavoidable accident had and met with as aforesaid occasioned as aforesaid, whereby or by 

means whereof, the said flat boat and her said Cargo, is or are or have been lost or damaged, 

for all losses, costs, charges, expenses, damage and injury, which the said Commander, or the 

owners freighters or shippers of the said flat boat and of her said Cargo, or any other person or 

persons interested or concerned in either already have or may hereafter pay, sustain, incur or 

has part unto, by or on account of the said premises, or for which the insurer or insurers after 

said flat boat or of her said Cargo, is or are respectively liable to pay, or make contribution or 

average, according to custom or to their respective contracts or obligations, and that no part of 

any such losses and expenses already incurred or which may be hereafter incurred, do fall on 

him the said Sprague, or upon the Commander or Crew of said Flat Boat. 

 Thus done and protested in my office, at the said City of New Orleans in the presence 

of W G Latham and G. Raushide, witnesses who hereunto sign their names with said appearers 

and me, said Notary, on the day and date set forth in the Caption hereof. 

[Signature] WG Lathum, Geo Raushide, E Sprague, William Shepherd, Robert Short, Thomas 

J. Long, Wm Christy, Not Public 

173
174
175
176
177
23rd February 1841 State of Louisiana

Protest City of New Orleans

SB “Creole” 

 [319] By this Public Instrument of Protest, be it known that this Twenty-third day of 

February, in the Year of Our Lord, One Thousand Eight hundred and forty one, 

Before me William Christy a Notary Public in and for the said City and Parish of 

New Orleans, State of Louisiana aforesaid, duly commissioned and qualified. 

Personally came and appeared Peter Dalman Master of the Steam Boat called the 

“Creole”, and with him also came and appeared Edward H. Pomroy, clerk, George Sweeny, 

Mate, Wesley Clark, Engineer, John W. Johnson, Pilot, all of said Boat, and Wade H. Bynum 

and Aaron Prescott, Passengers on board said Boat. 

Which said appearers, after having been duly and solemnly sworn, by me the said 

Notary upon the Holy Evangelists, voluntarily deposed and said, as follows, to wit: 

The said Master, that on the Nineteenth day of February instant, they left 

Natchitoches in this State on board said Boat, with part of a cargo, bound for this port, and 

proceeded down Red River, occasionally stopping to receive Cargo and passengers, until they 

arrived at Alexandria in this State, where they completed their Cargo: that they left Alexandria, 

having on board about 965 Bales of Cotton, Five thousand Dollars in Specie, near Sixty Cabin 

Passengers, and from twenty to twenty five Deck passengers: that when they started from 

Alexandria as aforesaid, the said Boat was staunch, tight, well manned and provided, and in good 

order and condition for the voyage: that they proceeded on the voyage, nothing particular 

happening, until about half past five o’clock in the morning of the Twenty second February 

instant, when they were about five or six miles below Red River Cut-off, the alarm of fire was 

given, and it was discovered that it had broken out in the after end of the boat: that every possible 

exertion was made by all on board to subdue the flames, which proving to be unavailing, the said 

Master ordered the Pilot to run the boat ashore, which was 

[320] immediately done, but she no sooner struck the bank than the edge of the Bank fell on the 

bow of the boat, and she swung off: that the said Master then ordered the starboard wheel to be 

unshipped for the purpose of keeping the Boat in shore, but it could not be done, as the fire was 

so intensely hot that the Engineer could not stay below: that the Boat sheered off into the middle 

of the River, when, as it was found to be entirely useless to attempt to save the Boat, they began 

to throw Bales of Cotton overboard, being the only means of saving the lives of the persons in 

the Boat, and several passengers leaped overboard: that the Boat then struck the opposite side of 

the river and the remainder of the passengers and crew got on shore, he said Master being the last 

to leave the boat, which again sheered off, completely in flames and sunk about five miles below 

the last place at which she struck the shore: that the whole of the Cargo, the Boat’s books, 

papers, money were lost with the exception of not more than forty or fifty bales of Cotton thrown 

overboard, which may possibly be picked up on the river, and eight passengers and one of the 

firemen are known to be missing: that the Steamer Baltic which was below coming up the river, 

sent a yawl, and rendered great assistance, in saving persons who were floating on Cotton Bales 

in the river, it being impossible to get on board the Creole on account of the fire: that the said 

appearers and part of the passengers took passage onboard the Steamer General Gaines bound 

for this port, and as soon as they arrived at Bayou Sarah, being the first port after they left the 

place where the fire occurred, they went on shore to the office of a Notary Public in order to 

make a protest, but there being no one in said office, and it being impossible for the “General 

Gaines” to wait any longer for them, they were unable to make their protest, therefore they 

proceeded to this Port, and arrived here at one OClock P. M. this Twenty third day of February 

instant. 

178
 Now therefore, because of the premises, and as all the loss, damage and injury, which already 

have or may hereafter appear to have happened or accrued to the said Steam Boat Creole and her 

said Cargo, have been occasioned solely by the circumstances herein before stated, and the cause 

whereof is unknown, every possible 

[“Cargo of Steamer Creole”- a list of the cargo aboard the ship, refer to document] 

[321] precaution having been taken aboard said boat to prevent accidents, and cannot nor ought 

not to be attributed to any insufficiency of the said Boat or default or negligence of him, the said 

Master, or of any of his crew, he, the said Master, now requires me, the said Notary, to make his 

protest and this public act thereof, that the same may serve and be and remain in full force and 

virtue as of right shall appertain. 

And the said Edward H. Pomroy, George Sweeny, Wesley Clark, John W. Johnson, Wade H. 

Bynum & Aaron Prescott do depose to concur and agree with said Master, in every particular 

contained, stated and expressed in the foregoing deposition, and solemnly declare the same to be 

true in every respect. 

 And thereupon the said Master doth protest, and I, the said Notary, at his special instance and 

request do, by these presents, publicly and solemnly protest against the unavoidable accident had 

and met with as aforesaid, whereby or by means whereof, the said Boat and Cargo have been lost 

or damaged, for all losses, costs, charges, expenses, damage and injury, which the said Master or 

the owners freighters or shippers of the said Boat and of her said Cargo, or any other person or 

persons interested or concerned in either already have or may hereafter pay, sustain, incur or has 

part unto, by or on account of the said premises, or for which the insurer or insurers after said 

Boat and Cargo, is or are respectively liable to pay, or make contribution or average, according 

to custom or to their respective contracts or obligations, and that no part of any such losses and 

expenses already incurred or which may be hereafter incurred, do fall on him the said Master or 

on his crew. 

 Thus done and protested in my office, at the said City of New Orleans aforesaid in the 

presence of W G Latham and Wm H Christy, witnesses who hereunto sign their names with said 

appearers and me, Notary, on the day and date set forth in the caption hereof. 

[Signatures] Aaron Prescott, John W Johnson, George Sweeny, Wesley Clarke, W. H. Bynum, 

Peter Dalman Master, Edward H Pomroy clerk, WG Lathum, Wm H Christy “3”, Wm Christy 

Not Public 

179
180
181
182
183
3rd March 1841 State of Louisiana

Protest of City of New Orleans

Steam Boat 

John Randolph 

 [371] By this Public Instrument of Protest, be it remembered that this Third day of 

March, in the Year of Our Lord, One Thousand Eight hundred and forty one, before me, William 

Christy, a Notary Public in and for the said City and Parish of New Orleans, State of Louisiana 

aforesaid, duly commissioned and qualified. 

Personally came and appeared Joseph Miller, master of the Steam Boat called the “John 

Randolph”, and with him also came and appeared John E. Jordan and Stephen L. Rouse, Pilots, 

Joseph G. Dally, Engineer, Thomas H. Newell, Mate, John Wallace, Second Mate, Sharp D. 

Baldwin, Clerk, Joseph A. W. Donahoo, Second Clerk, George Smith, Deck hand and Thomas J. 

Barnett, Newton E. Keenan, and Henry Young, Passengers, onboard said Steam Boat. 

Which said appearers, after having been duly and solemnly sworn, by me the said Notary 

upon the Holy Evangelists, voluntarily deposed and said, as follows, to wit: 

The said Master, that on the Second day of March instant, at half past seven o’clock P. 

M. they left this Port, onboard said Steam Boat, with an assorted Cargo, destined for the City of 

Nashville, in the State of Tennessee: that when they started as aforesaid, the said Boat was 

staunch, tight, well manned and provided, and in good order and condition for the voyage, the 

weather being as good as usual: that they proceeded on until they arrived at the bend in the 

River Mississippi, about one mile above the town of Carrollton in this State, when about half 

past eight o’clock the same evening, whilst the said boat was rounding the point on the left hand 

going up, a fog suddenly rose and struck the boat on the larboard bow: that the fog was so dense 

and so completely enveloped the boat, that it was utterly impossible to perceive in what direction 

the banks of 

[372] the river lay, or in what manner to steer said Boat: that in a few minutes they discovered 

the right hand shore of the river, distant, as near as they could judge about two hundred yards a 

head, when the Engine was stopped and orders were then given to back her, but in attempting to 

do so, the great headway which the boat had gained, prevented the engine from passing the 

center, where it stopped, and the boat became in consequence, perfectly unmanageable: that 

before the hands could be mustered to heave the wheel, over the center, the boat drove, bow on, 

and struck something under water near the right hand shore, raising the bow of the boat at least 

two feet, where she hung and in five minutes, afterwards, the fog disappeared entirely, when 

having started the engine and regained control of the boat, she was backed off immediately: that 

the concussion was not thought to be severe, but on the Mates repairing to the forecastle for the 

purpose of ascertaining if any damage had been done, he found about two feet water on the floor 

which is three feet above the Keel: that they immediately run the Boat ashore, and got out 

fastenings as quickly and as strong as possible in order to save her if possible, but 

notwithstanding the most unremitting exertions, she sunk within fifteen minutes from the time 

she first struck, and is now completely under water, every thing being lost, with the exception of 

part of the passenger’s baggage, a few packages of the cargo, and from Four to Five Thousand 

Dollars in Specie, which were saved: and finally that they, the said appearers returned to this 

port, and arrived here this Morning. 

 Now therefore, because of the premises, and as all the loss, damage and injury, which 

already have or may hereafter appear to have happened or accrued to the said Steam Boat and 

her said Cargo, or to either, have been occasioned solely by the circumstances 

184
[73] herein before stated and set forth, and cannot nor ought not to be attributed to any 

insufficiency or unworthiness of the said Steam boat, or default or negligence of him, the said 

Master or of any of his officers or crew, he, said Master, now requires me, the said Notary, to 

make his Protest, and this public act thereof, that the same may serve and be and remain in full 

force and virtue as of right shall appertain. 

 And the said John E. Jordan, Stephen L. Rouse, Joseph G. Dally, Thomas H. Newell, 

John Wallace, Sharp D. Baldwin, Joseph A. W. Donahoo, George Smith, Thomas F. Barnett, 

Newton E. Keenan and Henry Young, do depose to concur and agree with said Joseph Miller, 

Master, in every particular contained, stated and expressed in the foregoing deposition, and 

solemnly declare the same to be true in every respect. 

 And thereupon the said Master doth protest, and I, the said Notary, at his special instance 

and request do, by these presents, publicly and solemnly protest against the unavoidable accident 

had and met with as aforesaid, occasioned as aforesaid, whereby or by means whereof, the said 

Steam Boat and her said Cargo have been lost or damaged, for all losses, costs, charges, 

expenses, damage and injury, which the said Master or the owners freighters or shippers of the 

said Boat and of her Said Cargo, or any other person or persons interested or concerned in either 

already have or may hereafter pay, sustain, incur or has part unto, by or on account of the said 

premises, or for which the insurer or insurers after said Steam Boat or of her said Cargo, is or are 

respectively liable to pay, or make contribution or average, according to custom or to their 

respective contracts or obligations, and that no part of any such losses and expenses already 

incurred or which may be hereafter incurred, do fall on him the said Master or upon any of his 

officers or crew. 

 Thus done and protested in my office, at 

[374] the said City of New Orleans in the presence of W G Latham and George Raushide, 

witnesses of lawful age and domiciliaited in said City, who hereunto subscribe their names 

together with said appearers and me, Notary, on the day and date set forth in the Caption hereof. 

[Signatures] John Wallace, Joseph “X” Miller, S D Baldwin, Joseph A. W. Donihoo, George 

Smith, J. E. Jordan, Stephen L Rouse, Joseph G Dally, Thomas H. Newell, Thos F. Barnett, W. 

E. Keenan, H. C. Young, WG Lathum, Geo Raushide, Wm Christy, Not Public 

185
186
187
188
22nd January 1841 State of Louisiana

Protest City of New Orleans

Schooner “Mary Ellen” 

[111] By this Public Instrument of Protest, be it known that on this Twenty Second day of 

January, in the Year of Our Lord, One Thousand eight hundred and forty one, before me William 

Christy a Notary Public in and for the said City and Parish of New Orleans, State of Louisiana 

aforesaid, duly commissioned and qualified. 

Personally came and appeared James Forsyth Junior Master of the Schooner, called the

Mary Ellen of Pensacola, in the Territory of Florida, and with him also came and appeared John 

Griffith, Mate, and John Quin, a Seaman, both of said Schooner: 

Which said appearers, after having been duly and solemnly sworn, by me the said Notary 

upon the Holy Evangelists, voluntarily deposed as follows, to wit: 

The said Master, that on the Third day of January instant, they sailed from Pensacola 

aforesaid, on board said Schooner, bound for this Port, with a Cargo of Lumber: that when they 

started as aforesaid, the said Schooner was staunch, tight, well manned and provided, and in 

good order and condition for the voyage: that nothing particular occurred on the voyage until the 

evening of the Fourth of January instant, when a violent gale of wind came on so suddenly that 

the main and foresails were carried away, before they had time to take them in, and the vessel 

sprung a Leak: that in order to save the vessel from sinking in consequence of the leak, they, 

after consulting together, threw overboard the greater part of the Lumber on deck: that the gale 

still continued and on the morning of the Fifth, the vessel being unmanageable for want of sails, 

she was driven on shore on the North Chandeleur Island, about fifteen miles from North Point: 

that whilst driving through the breakers, the boat at the stern of 

[112] the Vessel broke loose and drifted ashore some distance off: that on the evening of the 

Fifth, the said Schooner bilged, and was soon filled with water and sand: that all their exertions 

to save the cargo or any part of the Vessel were unavailing, as the sea continually made breaches 

over her: that when they went to look for the boat which had drifted ashore, they found that she 

had been stolen: that they remained on the island until the Sixteenth, securing the lumber as it 

drifted ashore, which was very little, the weather being very rough all the time: that on the 

Sixteenth, they abandoned the vessel and left the island in a small Schooner, bound for Pass 

Christian, where they remained until the morning of the Twenty first, when they left on board the 

Steam Boat Lady of the Lake, and arrived at this Port the same night. 

 Now therefore, because of the premises, and as all the loss, damage and injury, which 

already have or may hereafter appear to have happened or accrued to the said Vessel and her said 

Cargo, have been occasioned solely by the circumstances herein before stated and cannot nor 

ought not to be attributed to any insufficiency of the said Vessel or default or negligence of him, 

the said Master or of any of his crew, he the said Master, now requires me, the said Notary, to 

make his protest and this public act thereof, that the same may serve and be and remain in full 

force and virtue as of right shall appertain. 

 And the said John Griffith, mate, and John Quin, seaman, do depose to concur and agree 

with said Master, in every particular contained, stated and expressed in the foregoing deposition, 

and solemnly declare the same to be true in every respect. 

 And thereupon, the said Master doth protest, and I, the said Notary, at his special instance 

and request do, by these presents, publicly and solemnly protest against the unavoidable 

circumstances above related, whereby or by means whereof, the said Vessel and her said Cargo 

have been lost or damaged, for all losses, costs, 

189
[113] charges, expenses, damage and injury, which the said Master or the owners freighters or 

shippers of the said Vessel and her said Cargo, or any other person or persons interested or 

concerned in either already have or may hereafter pay, sustain, incur or has part unto, by or on 

account of the said premises, or for which the insurer or insurers after said Vessel or of her said 

Cargo, is or are respectively liable to pay, or make contribution or average, according to custom 

or to their respective contracts or obligations, and that no part of any such losses and expenses 

already incurred or which may be hereafter incurred, do fall on him the said Master or on any of 

his crew. 

 Thus done and protested in my office, at the said City of New Orleans aforesaid, in the 

presence of William G. Latham and George Raushide, witnesses of lawful age and domiciliaited 

in this City who hereunto subscribe their names, together with the said appearers and me, Notary, 

on the day and date set forth in the caption hereof. 

[Signatures] WG Lathum, Geo Raushide, Jas. Forsyth Jr, John Griffith, John Quinn, Wm 

Christy, Not Public 

190
191
192
193
194
14th April 1841 State of Louisiana

Protest by City of New Orleans

Isaac Davis 

Master of Steam Boat 

“Walk in the Water” 

 [591] By this Public Instrument of Protest, be it known that this Fourteenth day of April, 

in the Year of Our Lord, One Thousand Eight hundred and forty one, before me, William 

Christy, a Notary Public in and for the said City and Parish of New Orleans, State of Louisiana 

aforesaid, duly commissioned and qualified. Personally came and appeared Isaac Davis, Master 

of the Steam Boat “Walk in the Water”, and with him also came and appeared Elisha Cary, John 

Rose and Alfred Doherty, hands engaged onboard the Keel Boat Number “Four”. 

 Which said appearers, after having been duly and solemnly sworn, by me the said Notary 

upon the Holy Evangelists, voluntarily deposed and said, as follows, to wit: 

 The said Isaac Davis, that on the Thirtieth day of March last (1841) the said Steam Boat 

was lying at South Florence on the Tennessee River in the State of Alabama taking in Cargo for 

this Port: that the said Boat being unable to get up to the usual landing place, the said Keel Boat 

Number Four was engaged to bring Cotton from said Landing place to where the said Steam 

Boat lay, being about three hundred yards distant, below a bridge: that whilst the said Keel Boat 

was lying outside of said Steam Boat, the hands above named were employed in getting out the 

Cotton she had onboard and putting it onboard said Steam Boat: that after unloading about thirty 

bales, the said hands stept [sic] onboard said Steam Boat to take their supper, leaving everything 

safe behind them, the said Keel boat being in good order, not having more water in her than is 

usual for keel boats, and having no appearance of a Leak: that they had not been on board said 

Steam Boat more than ten minutes, when the said John Rose remarked that the Keel boat was 

sinking upon which they immediately jumped on board of her, with ten or fifteen of the Steam 

Boat hands, and used every exertion in their power to get the cotton out of her: that they were 

not able to save more than a few bales and get them onboard the Steam Boat, when the Keel boat 

[592] sunk: that the cotton on board said Keel Boat was consigned by Kirkman & Andrews of 

Florence to Kirkman Abernathy & Hanna of New Orleans and consisted of Ninety five Bales, 

Seventeen of which are totally lost: and the said appearers moreover declared that the said Keel 

Boat was staunch, tight and in good order when they commenced using her to bring Cargo to the 

said Steam Boat as above mentioned: and finally that after making a protest against said 

accident before George W. Sneed, a Notary Public at Florence, on the 31st March 1841, they 

proceeded to this Port onboard said Steam Boat and arrived here at Nine o’clock on the evening 

of the Ninth April instant. 

 Now therefore, because of the premises, and as all the loss, damage and injury, which 

already have or may hereafter appear to have happened to the said Keel Boat and her said 

loading, have been occasioned solely by the circumstances herein before stated and cannot nor 

ought not to be attributed to any insufficiency of the said Keel Boat or default or negligence of 

him, the said Master, or of any of said appearers, or any other person or persons engaged in 

unloading said Boat, he, the said Master, now requires me, the said Notary, to make his protest 

and this public act thereof, that the same may serve and be and remain in full force and virtue as 

of right shall appertain. 

 And the said Elisha Carey, John Rose and Alfred Doherty do depose to concur and agree 

with said Isaac Davis, in every particular contained, stated and expressed in the foregoing 

deposition, and solemnly declare the same to be true in every respect. 

195
 And whereupon the said Isaac Davis doth protest, and I, the said Notary, at his special 

instance and request do, by these presents, publicly and solemnly protest against the unavoidable 

accident had and met with as aforesaid, whereby or by means whereof, the said Keel Boat and 

her said loading, have been lost or damaged, for all losses, costs, charges, expenses, damage and 

injury, which the said Master or the owners freighters or shippers of the said Keel or her said 

loading, or any other person or persons interested or concerned in either already have or may 

hereafter pay, sustain, incur or has part unto, by or on account of the 

[593] premises, or for which the insurer or insurers after said Keel boat or of her said loading, is 

or are respectively liable to pay, or make contribution or average, according to custom or to their 

respective contracts or obligations, and that no part of any such losses and expenses already 

incurred or which may be hereafter incurred, do fall on him the said Isaac Davis or on any of the 

persons under his Command. 

Thus done and protested in my office, at the said City of New Orleans in the presence of 

W. G. Latham and George Raushide, witnesses of lawful age and domiciliaited in said City, who 

hereunto sign their names with me, said Notary, the said appearers being unable to write, make 

their usual marks to these presents, after the same has been read and explained to them by me, 

said Notary, on the day and date set forth in the Caption hereof. 

[signatures] Isaac “X” Davis, Elisha “X” Cary, John “X” Rose, Alfred “X” Doherty, WG 

Lathum, Geo Raushide, Wm Christy, Not Public 

 And again, to wit: on this Nineteenth day of April, one thousand eight hundred and forty 

one, before me, said Notary, personally came and appeared the said Elisha Cary, John Rose, and 

Alfred Doherty, and also Isaac Davis, Master, and Edward Davis, Engineer of the said Steam 

Boat Walk in the Water, who being duly sworn, did depose and say, that in addition to the facts 

stated in the foregoing protest, they desire to state the following circumstances, to wit: 

 The three first named, that at the time and previous to their commencing to discharge the 

Cotton from said Keel Boat No 4 onto the said Steam Boat, Walk in the Water, there was a 

considerable wind blowing which caused the river to become exceedingly rough, and that the 

white caps were as high as they ever witnessed in the Tennessee River, that the said Keel boat 

was lying alongside of and well fastened to said 

[594] Steam Boat as is usual, and could not have been placed or moored in any other position 

which would have been more safe, and that she was being discharged in the customary manner: 

that they have been well acquainted with the Tennessee River, and engaged in loading and 

unloading Keel boats plying between Florence and Waterloo, and engaged in the business of 

lightering Cotton and other articles of Merchandize [sic] over Colvert Shoals for several years 

past: that they firmly believe that the accident which happened to said Keel boat as hereinbefore 

stated, was occasioned by the Swells and White caps of said River: that after taking out some of 

the Cotton out of said Keel Boat after she sunk, she rose to the surface of the water, and they 

found that her butts and plank had sprung to such an extent as to admit their hands into the 

opening, which, as before stated, was caused by the aforesaid swells and white caps. 

 And the said Isaac Davis and Edward Davis, deposed that they have been well acquainted 

with the Tennessee River and its trade for several years, and that they do not recollect ever 

seeing the River so rough as it was at the time of the said Keel Boat was being discharged of her 

Cargo of Cotton into the said Steam Boat, and that they verily believe that the White caps and 

Swells were the cause of the said Keel boat’s sinking. 

 Thus done and passed in my office, at the said City of New Orleans in the presence of W. 

G. Latham and George Raushide, witnesses, who hereunto sign their names with the said Edward 

196
Davis and me, said Notary, the other appearers not being able to write, make their usual marks to 

these presents, after the same has been read and explained to them by me, said Notary, on the 

day and date set forth in the Caption hereof. 

[Signatures] Edward Davis, Elisha “X” Cary, John “X” Rose, Alfred “X” Doherty, Isaac “X” 

Davis, WG Lathum, Geo Raushide, Wm Christy, Not Public 

197
198
199
200
17th Dec. 1842 State of Louisiana

Protest City of New Orleans

Steam Boat 

“Nashville” 

 [845] By this Public Instrument of Protest, be it known that this Seventeenth day of 

December, in the Year of Our Lord, One Thousand Eight hundred and forty two, before me, 

William Christy, a Notary Public in and for the said City and Parish of New Orleans, duly 

commissioned and qualified, personally came and appeared Henry Dumenil, clerk of the Steam 

Boat “Nashville”, and with him also came and appeared Robert Klady, the Pilot, Andrew Doyle, 

the Engineer, Joseph Cossart, Watchman, Peyton Watts, the Carpenter, and Alfred Ferrand and 

William Westbary, Passengers on board said Steam Boat. 

Which said appearers, after having been duly and solemnly sworn, by me the said Notary 

upon the Holy Evangelists, voluntarily depose and said, as follows, to wit: 

The said Henry Dumenil, that on the Eleventh day of December instant, they left 

Fargoad’s Landing, a few miles above Monroe, on the Ouachita River in this State, on board said 

Steam Boat, bound for this Port with a cargo of Seven hundred and ninety two Bales of Cotton: 

that when they started as aforesaid, the said Boat was staunch, tight, well manned and provided 

and in good order and condition for the voyage: that nothing particular occurred until about nine 

o’clock on the night of the Thirteenth instant during the watch of George H. Caldwell, Master of 

said Boat, and when she was under headway with her regular Pilot at the Wheel, and in the 

Ouachita River about Thirty five miles above the Town of Harrisonburg, She struck a snag 

concealed under water on her larboard bow, near the Ash pan: that as soon as she struck, the 

said Joseph Cossart and Peyton Watts went into the hold and saw the water rushing through the 

hole made by the snag so rapidly that it was impossible to stop it: that on their return to deck to 

inform the Master they found that by his order the boat was being rounded to Shore, but in ten 

minutes after she struck the snag, she sunk and her bow touched the ground, that before she sunk 

her deck load was thrown off, and every possible exertion made by all hands to save her 

[846] but she sunk as before stated before any other portion of her cargo could be got out: that 

they continued working at her for four or five hours, the water rising very fast, until her stern 

sunk so much that they could work no longer with advantage: that on the Fourteenth they went 

before William M. Few, a Notary Public at Harrisonburg aforesaid being the nearest place to the 

accident and made a protest with the master against the loss of said Boat that the said appearers 

came to this Port leaving the Master and Mate of said Boat in charge of her. 

 Now therefore, because of the premises, and as all the loss, damage and injury, which 

already have or may hereafter appear to have happened or accrued to the said Boat and her said 

Cargo, have been occasioned solely by the circumstances herein before stated and cannot nor 

ought not to be attributed to any insufficiency of the said Steam Boat or default or negligence of 

the said Master or of any of his officers or crew, he the said Henry Dumenil, Clerk, in the 

absence of the said Master, now requires me, the said Notary, to make his protest and this public 

act thereof, that the same may serve and be and remain in full force and virtue as of right shall 

appertain. 

And the said Robert Klady, Andrew Doyle, Joseph Cossart, Peyton Watts, Alfred 

Ferrand, and William Westbary, do depose to concur and agree with said Clerk, in every 

particular contained, stated and expressed in the foregoing deposition, and solemnly declare the 

same to be true in every respect. 

 And thereupon the said Clerk doth protest, and I, the said Notary, at his special instance 

and request do, by these presents, publicly and solemnly protest against the unavoidable accident 

201
had and met with as aforesaid, occasioned as aforesaid, whereby or by means whereof, the said 

Steam Boat and her said Cargo have been lost or damaged, for all losses, costs, charges, 

expenses, damage and injury, which the said Master or the owners freighters or shippers of the 

said Steam Boat and of her Cargo, or any other person or persons interested or concerned in 

either already have or may hereafter pay, sustain, incur or has part unto, by or on account of the 

said premises, or for which the insurer or insurers after said Steam Boat or her said Cargo, is or 

are respectively liable to pay, or 

[847] make contribution or average, according to custom or to their respective contracts or 

obligations, and that no part of any such losses and expenses already incurred or which may be 

hereafter incurred, do fall on him the said Master or on any of his officers and crew. 

Thus done and protested in my office, at the said City of New Orleans in the presence of 

W G Latham and H Raushide, witnesses, who hereunto sign their names with said appearers and 

me, Notary, on the day and date set forth in the Caption hereof 

[signatures] J Cossart, Peyton Watts, H. A. Dumenil, Wm Westberry, Robert Klady, Andrew 

Doyle, WG Lathum, H. Raushide, Wm Christy Not Public 

202
203
204
205
2nd January 1843 State of Louisiana

Protest City of New Orleans

Flat Boat 

“Henry Clay” 

 [5] By this Public Instrument of Protest, be it known that this Second day of January, in 

the Year of Our Lord, One Thousand Eight hundred and forty three, before me, William Christy, 

a Notary Public in and for the said City and Parish of New Orleans, aforesaid, duly 

commissioned and qualified, personally came and appeared Casper G. Core, Master of the Flat 

Boat “Henry Clay” and with him also came and appeared John McGedigan, William McCawley, 

Thomas Vanmy, James G. Langtree, and Thomas Douglass, hands on board said Flat Boat, and 

Lewis Morrison, the watchman on board the Flat Boat No 2, in company with the Henry Clay. 

Which said appearers, after having been duly and solemnly sworn, by me the said Notary 

upon the Holy Evangelists, voluntarily deposed and say, as follows, to wit: 

 The said Master, that on the Tenth of December last past, they left Madison, in the State 

of Indiana, on board said Flat Boat, laden with 139 Tierces of Flax seed and 844 Barrels of 

Flour, bound for this Port: that when they started as aforesaid, the said Flat Boat was staunch, 

tight, well manned and provided, and in good order and condition for the Voyage: that nothing 

particular occurred until they arrived at about eight miles above Bonnet Carre' Church, at about 

half past ten oClock on the night of the Twenty eighth of December, there being a slight fog at 

the time which a few minutes previous had been so dense that they could not see either shore of 

the river, they heard the noise of a Steam Boat coming up which seemed to be about a quarter of 

a Mile off, when a Light for a Signal was hoisted on the deck of the flat Boat as soon as is usual 

in such cases: that the said flat Boat was as near as possible in the middle of the river, and they 

saw the said Steam Boat when about One hundred yard distant crossing the river: that for One 

and a half or two minutes, the Steam Boat run directly for the Flat Boat’s light, when the said 

Master called to the Man who had to hold it up higher, which he did: that it then appeared as if 

the Steam Boat was going to the left of the Flat Boat, but on approaching within ten yards, the 

Steam 

[6] Boat was brought to a very heavy sheer to go to the right of the Flat Boat, and run straight 

across the Bow of the flat Boat, causing her to sink in one minute and knocking out about 115 

barrels of Flour and 10 Tierces of Flax seed into the river: that the said Steam Boat was found to 

be the “Henry Clay”: that the said Master then signalled [sic] two other Flat Boats which were 

in company with her but a little in advance, and they rowed up stream to the sunk boat which 

was up to the roof in water, and were lashed to her: that they proceeded this lashed together 

about four miles down the river, and succeeded with skiffs in picking up all the cargo in the 

river, except 10 Tierces of Flax Seed and 76 Barrels of Flour: that they then landed the Boats, 

and took out the Cargo of the Henry Clay and placed it on the Bank of the River, which occupied 

them until noon the next day: that the said Master then chartered the Steam Boat Pioneer, which 

took the said Cargo on board on the Thirty first of December and brought it to this port 

yesterday, the First day of January instant. 

 Now therefore, because of the premises, and as all the loss, damage and injury, which 

already have or may hereafter appear to have happened or accrued to the said Flat Boat and her 

said Cargo, have been occasioned solely by the circumstances herein before stated and cannot 

nor ought not to be attributed to any insufficiency of the said Flat Boat or default or neglect of 

him, the said Master, or of any of his crew, he, the said Master, now requires me, the said 

Notary, to make his protest and this public act thereof, that the same may serve and be and 

remain in full force and virtue as of right shall appertain. 

206
 And the said John McGedigan, William McCawley, Thomas Vanmy, James H. Langtree, 

and Thomas Douglas, hands on board said Flat Boat Henry Clay do depose to concur and agree 

with said Master in every particular contained, stated and expressed in the foregoing deposition, 

and solemnly declare the same to be true in every respect. 

 And the said Lewis Morrison, watchman, on board Flat Boat No 2, deposes to agree with 

the said Master in his said Deposition so far as related to the distance and situation of the two 

Boats when the Collision took place and to the hoisting of the signal light on the flat Boat. 

[7] And thereupon the said Master doth protest, and I, the said Notary, at his special 

instance and request do, by these presents, publicly and solemnly protest against the collision 

aforesaid, whereby by means whereof, the said Flat Boat and said Cargo have been lost or 

damaged, for all losses, costs, charges, expenses, damage and injury, which the said Master or 

the owners freighters or shippers of the said Flat Boat and of her said Cargo, or any other person 

or persons interested or concerned in either already have or may hereafter pay, sustain, incur or 

has part unto, by or on account of the said premises, or for which the insurer or insurers after said 

Flat Boat or her said Cargo, is or are respectively liable to pay, or make contribution or average, 

according to custom or to their respective contracts or obligations, and that no part of any such 

losses and expenses already incurred or which may be hereafter incurred, do fall upon him, the 

said Master or on any of his crew. 

Thus done and protested in my office, at the said City of New Orleans in the presence of 

W G Latham and H. Raushide, witnesses of lawful age and domiciliaited in said City, who 

hereunto sign their names with said appearers and me, Notary, on the day and date set forth in 

the Caption hereof. 

[Signatures] CG Core, Jas G. Langtree, William McCawley, Thomas Vanmy, Thomas Douglass, 

Lewis Morrison, John “X” McGedigan, WG Lathum, H. Raushide, Wm Christy Not Public 

207
208
209
11th May 1846 State of Louisiana

Protest City of New Orleans

Steamer 

“Rob Roy” 

 [595] By this Public Instrument of Protest, be it known that this Eleventh day of May, in 

the Year of Our Lord, One Thousand Eight hundred and forty six, before me, William Christy, a 

Notary Public in and for the said City and Parish of New Orleans, State of Louisiana aforesaid, 

duly commissioned and qualified. 

Personally came and appeared John Haydon, Francis Morrissy, and Parker C. Lyon, 

hands employed on board the Steam Boat called the Rob Roy, partially under the command of 

John P. Hart, and Richard Simms, watchman of said boat: Which said appearers, after having 

been duly and solemnly sworn, by me the said Notary upon the Holy Evangelists, voluntarily 

deposed and said, as follows, to wit: 

That between Ten and Eleven o’clock on the night of the Ninth of April instant, while the 

said Steam Boat was lying at the Girod Street Wharf in the Second Municipality of this City, a 

fire broke out right aft both above and below and raged with such violence that in two minutes 

from the time the said deponents first discovered it the whole of the hurricane deck was in a 

blaze: that immediately on the discovery of the fire, every exertion was used by the said 

deponents and others of the crew who were on board to extinguish the flames, by throwing water 

on, but without success: that the officer of the Steam Boat James L. Day lying alongside, cut the 

Rob Roy loose and she floated down the river a distance of four miles and was got to shore on the 

opposite side of the river in three feet water but capsized into forty feet water and sunk: that at 

the time the said fire broke out there was no cargo on board, and no fire under the boilers, the 

watchman was on duty, and every precaution had been taken against accidents for the night, that 

are usually taken 

[596] and finally that they, the said appearers, are entirely ignorant of the cause of the said fire. 

 Now therefore, because of the premises, and as all the loss of the said Steam Boat has 

been occasioned solely by the circumstances above stated and cannot nor ought not to be 

attributed to any deficiency of the said Boat or neglect or default of any of her officers or crew, 

they, the said appearers, now require me, the said Notary, to make his protest and this public act 

thereof, that the same may serve and be and remain in full force and virtue as of right shall 

appertain. 

And thereupon the said appearers do protest, and I, the said Notary, at his special instance 

and request do, by these presents, publicly and solemnly protest against the fire aforesaid, 

whereby or by means whereof, the said Steam Boat has been destroyed and lost for all losses, 

costs, charges, expenses, damage and injury, which the said Commander, or her owners, or any 

other person or persons interested or concerned in either already have or may hereafter pay, 

sustain, incur or has part unto, by or on account of the said premises, or for which the insurer or 

insurers after said Steam Boat is or are respectively liable to pay, or make contribution or 

average, according to custom or to their respective contracts or obligations, and that no part of 

any such losses and expenses already incurred or which may be hereafter incurred, do fall upon 

the officers or crew of said Steam Boat. 

Thus done and protested in my office, at the said City of New Orleans in the presence of 

William G. Latham and Henry Raushide, witnesses, who hereunto sign their names with said 

appearers and me, Notary, on the day and date set forth in the Caption hereof. 

210
[Signatures] Parker C. Lyon, Richard Simms, Francis Morrissy, John Haydon, WG Lathum, H. 

Raushide 

211
212
213
214
11 Jany 1848 State of Louisiana

Protest City of New Orleans

Sharp D. Baldwin 

St. Seventy Six 

 [25] By this Public Instrument of Protest, be it known that this Eleventh day of January in 

the Year of Our Lord, One Thousand Eight hundred and forty eight, before me, William Christy, 

a Notary Public in and for the said City and Parish of New Orleans, State of Louisiana aforesaid, 

duly commissioned and qualified. 

Personally came and appeared Sharp D. Baldwin, Master, and part Owner of the Steam 

Boat, “Seventy Six” of about One hundred & ninety one tons berthen, and With him, also Came 

and appeared, Joseph Pomerst, the Mate, Thomas Littell, Pilot, William G West and Alexander 

Keefer, Engineer of said Steam Boat, and Seth W. Daniels and Edward W. Daniels also part 

owners of the said Steam Boat. 

Which said appearers, after having been duly and solemnly sworn, by me the said Notary 

upon the Holy Evangelists, voluntarily deposed and said, as follows, to wit: 

 The said Master that, yesterday about Six O’Clock P. M. they left the Steam Boat landing 

of this City, on board said Steam Boat bound for Cincinnati With an assorted Cargo: that when 

they started as aforesaid, the said Boat was tight, staunch, well manned and provided and in good 

order and Condition for the trip: that they proceeded a few miles above this City to a point 

Called Free Port in the Parish of Jefferson, where they landed and took in a small quantity of 

molasses, sugar, and other merchandize to Complete their Cargo, that having done so they put 

out in the usual Way to proceed on their voyage, that before they had got fairly underway they 

discovered the whole of one side of the Cabin of said Boat abreast of the wheels to be on fire, 

they immediately resorted to every possible means to extinguish the fire but soon found it 

impossible to do so, the flames increasing rapidly throughout the Boat which, owing to the 

Confusion and Attention to the fire Commenced to float down the river, that 

[26] in a very few minutes they lost all hope of being able to extinguish the flames and by an 

effort got the Engines to Work before the tether ropes were burnt and succeeded in running the 

boat in shore a short distance below where the fire was discovered, that the increase of the flames 

was so rapid it became necessary for every one on board to abandon said Boat as soon as 

possible to save their lives, which they did about eight O’Clock P. M.: That very soon after they 

landed, a fire Engine Came to their Assistance from the City of Lafayette, and played upon the 

flames for some time, but With no Success, and the Boat, with every thing on board Was soon 

Consumed down to the Water’s edge: and that they Can form no idea how the fire Originated, 

unless it proceeded by, some Accidental Cause, from the ironing room, which was in that part of 

the Boat first seen on fire. 

 Now therefore, because of the premises, and as all the loss, damage and injury, which 

already have or may hereafter appear to have happened or accrued to the said Steam Boat and 

her said Cargo, have been occasioned solely by the circumstances herein stated and cannot nor 

ought not to be attributed to any insufficiency of the said Boat or negligence, or default of him, 

the said Master, or any of his Officer’s or Crew, he, the said Master, now requires me, the said 

Notary, to make his protest and this public act thereof, that the same may serve and be and 

remain in full force and virtue as of right shall appertain. 

And the said Joseph Pomerst, Thomas Littell, William G. West, Alexander Keefer, Seth 

W. Daniels and Edward M. Daniels do depose to concur and agree with said Master, in every 

particular Contained, Stated and expressed in the foregoing deposition, and solemnly declare the 

same to be Correct and true in every respect. 

215
And thereupon the said Master doth protest, and I, the said Notary, at his special instance 

and request do, by these presents, publicly and solemnly protest against the unavoidable accident 

had and met with as aforesaid as aforesaid, occasioned as aforesaid, whereby or by means 

whereof, the said Steam Boat and her said Cargo have been totally lost for all losses, costs, 

charges, 

[27] expenses, damage and injury, which the said Master or the owners freighters or shippers of 

the said Steam Boat and her said Cargo, or any other person or persons interested or concerned in 

either already have or may hereafter pay, sustain, incur or has part unto, by or on account of the 

said premises, or for which the insurer or insurers after said Steam Boat and her said Cargo, is or 

are respectively liable to pay, or make Contribution or average, according to custom or to their 

respective Contracts or obligations, and that no part of any such losses and expenses already 

incurred or which may be hereafter incurred, do fall on him the said Master, or on any of his 

officers and crew. 

Thus done and protested in my office, at the said City of New Orleans in the presence of 

Henry Raushide and David A. Rickel, Witnesses of lawful age and domiciliaited in said City, 

who hereunto subscribe their names With said appearers and me, Notary, on the day and date set 

forth in the Caption hereof. 

[Signatures] H. Raushide, D. A. Rickel, S D Baldwin, J Pomerst, Thomas Littell, Wm G West, 

Alex Keefer, Seth W Daniel, Edward M. Daniel 

216
217
218
219
28th March 1849 State of Louisiana

Protest City of New Orleans

Thos Moore 

Master of S. B. Texian 

 [185] By this Public Instrument of Protest, be it known that on this Twenty eight day of 

March, in the Year of Our Lord, One Thousand Eight hundred and forty nine, before me, 

William Christy, a Notary Public in and for the said City and Parish of New Orleans, State of 

Louisiana aforesaid, duly commissioned and qualified. 

Personally came and appeared Thomas Moore, Master of the Steam Boat Called the 

Texian, and with him also Came and appeared John L. Reed, first Engineer, Sterling Dunham, 

Second Engineer, & Francis Oliver, third Engineer, and James Beatty, and Alexander Clark, all 

hands employed on the said Steam Boat. 

Which said appearers, after having been duly and solemnly sworn, by me the said Notary 

upon the Holy Evangelists, voluntarily deposed and said, as follows, to wit: 

 The said Master, that, on the Twenty first day of March instant, they left Cross Lake on 

Red River in this State, on board said Steam Boat, bound for this Port, With a Cargo of Three 

hundred and Seventy Six Bales of Cotton: that when they started, as aforesaid, the said Boat was 

staunch, tight, well manned and provided and in good order and Condition for the Voyage: that 

the said Boat proceeded on her Voyage landing at the usual landings and that nothing particular 

occurred until about One O’ Clock of the morning of the Twenty Seventh, when about eight 

miles below Baton Rouge, and opposite to Mr. Conrad’s plantation, the Cotton was discovered to 

be on fire near the Boilers, the Engineer immediately gave the Alarm and every effort was made 

to get at the fire Engine, but it being in the immediate Vicinity of the fire, Which burnt so 

rapidly, it was impossible to get at it, that they then attempted to extinguish the flames by 

throwing water from the buckets, but without avail, and finding it utterly impossible to stay the 

flames, the Boat was immediately turned to the left toward shore 

[186] the intention of running her ashore, the hand at the wheel Standing until he was very 

Severely and dangerously burnt, and which post he did not leave until the Boat Struck a Bar, 

Called the [blank space] about two hundred yards from the Shore, he being unable to see the 

shore owing to the flames, and smoke, when all hands jumped overboard to save their lives, that 

there being no means of making the said Boat fast, she soon floated off the Bar and drifted down 

the river wrapt [sic] in flames and soon disappeared from sight, and is supposed soon to have 

sunk as nothing has been seen of her since: That the fire Engine was in the usual place of 

keeping it, that all the Officers of the Boat were at their respective posts, and that the Watch was 

also at his post at the time the fire was discovered: And that they all arrived here last night on 

board the Steamboat Lunn. 

 Now therefore, because of the premises, and as all the loss, damage and injury, which 

already have or may hereafter appear to have happened or accrued to the said Steam Boat and 

her said Cargo, have been occasioned solely by the circumstances herein stated and cannot nor 

ought not to be attributed to any insufficiency of the said Steam Boat or default or negligence of 

him, the said Master or of any of his Officers or Crew, he, the said Master, now requires me, the 

said Notary, to make his protest and this public act thereof, that the same may serve and be and 

remain in full force and virtue as of right shall appertain. 

And the said John L. Reed, Sterling Dunham, Francis Oliver, James Beatty and 

Alexander Clark do depose to Concur and agree with said Master, in every particular Contained, 

stated and expressed in the foregoing deposition, and Solemnly declare the same to be true in 

every respect. 

220
And thereupon the said Master doth protest, and I, the said Notary, at his special instance 

and request do, by these presents, publicly and solemnly protest against the unavoidable accident 

had and met with as aforesaid as aforesaid, occasioned as aforesaid, whereby or by means 

whereof, the said Steam Boat and her said Cargo have been totally lost, for all losses, costs, 

charges, expenses, damage 

[187] or injury, which the said Master or the owners freighters or shippers of the said Steam Boat 

and her said Cargo, have or may hereafter pay, sustain, incur or has part unto, by or on account 

of the said premises, or for which the insurer or insurers after said Steam Boat or her said Cargo, 

is or are respectively liable to pay, or make contribution or average, according to custom or to 

their respective contracts or obligations, and that no part of any such losses and expenses already 

incurred or which may be hereafter incurred, do fall on him, the said Master or on any of his 

officers or crew. 

Thus done and protested in my office, at the said City of New Orleans in the presence of 

Henry Raushide and David A. Rickel, witnesses of lawful age, who hereunto sign their names 

With the said appearers and me, Notary, on the day and date set forth in the Caption hereof. 

[Signatures] H. Raushide, D. A. Rickel, Thomas Moore, John L. Reed, Sterling “X” Dunham, 

Francis “X” Oliver, James Beatty, and Alexander Clark, Wm Christy, Not Public 

221
222
223
15th June 1855 State of Louisiana

Protest by City of New Orleans

Samuel Wells 

Master of Flat boat 

“Nick of the Woods”

 [177] By this Public Instrument of Protest, be it known that this day before me, William 

Christy, a Notary Public in and for the said City and Parish of New Orleans, State of Louisiana, 

duly commissioned and qualified, 

Personally came and appeared Samuel Wells of the County and State of Arkansas, Master 

of the Flat boat called the “Nick of the Woods”. 

Who having in due form of Law noted a protest with me, Notary this day, now wishes to 

extend the same, and for that purpose has brought with him, Andrew Jackson Wells, a hand 

employed on the said flat boat, who being been duly sworn according to Law, did severally 

declare and depose as follows to wit: That on the Twenty Eighth day of May last, they left the 

Swan Lake P. O. in the said County of Arkansas with the said Flat boat, having on board a Cargo 

of Cotton, the said flat being tight, staunch and strong, fully manned and in every respect fit for 

the voyage which she was about to make to the Port of New Orleans. That on the morning of the 

Fifth day of June Instant between the hours of Nine and Ten Oclock, while descending the 

Arkansas River and at Ambrose Cutoff encountered a snag, supposed to have been a tree root 

whereby a leak was made, which caused the said flat to sink, notwithstanding the pumps were 

kept going, and all possible exertions used to close the leak. After taking out the Cargo, about 

Sixty four bales of which were more or less damaged & one bale entirely lost, succeeding in 

raising the flat, and not being able to repair the damage, in a condition sufficiently safe to 

proceed on the voyage, abandoned it, and Shipped Twenty Six bales of Cotton on board the 

Steam Boat E. P. Ray, and afterwards reshipped on board the Steam Boat Alex Scott, and brought 

[178] to the City of New Orleans, and the balance of the Cotton was left on the Banks of the 

River in charge of Quentin D Nix, a partner of the said Samuel Wells. 

And the said Master further says that the damage and injuring which have accrued to the said flat 

boat and her Cargo, by the cause above mentioned, cannot nor ought to be attributed to any 

inefficiency of the said Flat boat, or default of them, these Deponents, or, of those employed in 

the management thereof: he now requires me, the said Notary to make his protest, and this 

public act thereof, that the same may serve and be of full force and value as of right shall 

appertain. And thereupon the said Master doth protest, and I, the said Notary, at his special 

request, and in defense of his interests, do, by these presents, publicly and solemnly protest 

against all and every accident, matter and thing, had and met with, whereby or by means 

whereof, the said Flat boat and her Cargo already have, or shall hereafter appear to have suffered 

or sustained damage, detriment, or injury: for all losses, costs, charges, expenses, damage and 

injury, which the owner or owners of the said Flat boat and Cargo, already have or may hereafter 

pay, sustain, incur or has part unto, by or on account of the premises, or for which the insurer or 

insurers of the said Cotton, is or are respectively liable to pay, or make contribution or average, 

according to Custom or to their respective contracts or obligations: and that no part of each 

losses and expenses do fall on him the said Master, or on his crew. 

Thus done and protested in my office, at the said City of New Orleans in the presence of 

Auguste [illegible] and L. Suilen, witnesses of lawful age and domiciliaited in said City, who 

hereunto subscribe their names together with said appearers and me, Notary, on this Fifteenth 

day of June, A. D. Eighteen hundred and fifty five. 

224
[Signatures] A. [Illegible], Henry L. Suilen, Samuel “X” Wells, A. J. Wells, Wm Christy, Not 

Public 

225
226
227
228
229
No. 198 

New Orleans 7th November 1850 

Protest of Jacob Hunter 

Master of Steamboat “Melodeon” 

United States of America, 

State of Louisiana, 

City of New Orleans

By this Public Instrument of Protest, be it known that the Seventh day of December, in 

the Year of Our Lord, One Thousand Eight hundred and fifty, and of the Independence of the 

United States of America, the Seventy fifth, before me, John Claiborne, a Notary Public, in and 

for the Parish of Orleans, dwelling in the City of New Orleans, State of Louisiana, duly 

commissioned and sworn, PERSONALLY CAME AND APPEARED, Jacob Hunter Master of 

the Steam Boat called the Melodeon who on the sixth December noted in due form of law with 

Auguste Chautier Notary for the Parish Iberville his PROTEST, for the uses and purposes 

hereafter mentioned; and now at this day, to with, the day of the date hereof, before me, the said 

NOTARY at the City of NEW ORLEANS aforesaid again comes the said Jacob Hunter and 

requires me to extend his PROTEST, and together with the said Jacob Hunter also came Henry 

Rolson, the Pilot, John Rouse, the Engineer and G S Skilbeck, the Carpenter belong to the 

aforesaid Steam Boat Melodeon all of whom being by me duly sworn on the Holy Evangelists of 

Almighty God, voluntarily, freely, and solemnly DO DECLARE AND DEPOSE as follows, that 

is to say that on the fifth day of this month of December he the said Jacob Hunter departed in and 

with the said Steam Boat as the Master thereof from this City of New Orleans having on board 

the Steam Boat a CARGO of assorted merchandize and bound for the Port of Nashville in 

Tennessee, that the said Steam Boat was then stout, staunch, and strong; had her cargo well and 

sufficiently stowed and secure; and well found, manned, tackled, victualled, appareled, and 

appointed: and was in every respect fit for the voyage she was about to undertake; that on the 

aforesaid fifth day of December he left as Master of said Steamer Melodeon the port of New 

Orleans on his said voyage, that the said Boat had proceeded up the Mississippi River a distance 

of about one hundred and two miles above the said City of New Orleans and two miles above the 

Town of Plaquemine’s in the State of Louisiana, the said boat was running near the right bank of 

the river, ascending in the proper part of the river by law, for vessels ascending the river and as 

near to the shore as the bar there made would [illegible]; that between the hours of four and five 

o’ clock of the morning of the sixth without the said Hunter Master not the being on the deck, but 

the said Rolson, Pilot, being on duty a the steering wheel and the said Rouse Engineer being on 

duty also in the Engine room at that 

[Second page] time, the said Hunter was awakened by a terrible shock and found on going on 

deck that the Steam Boat George W Kendall had run into the said Steam Boat Melodeon, causing 

her to sink in the Mississippi River to a depth of about three feet over the boiler deck of said 

Steam Boat Melodeon, and the said Rolson Pilot further declared that at the aforementioned time 

being between the hours of four and five o’clock on the morning of the said sixth day instant, 

while steering said Boat Melodeon he discovered at the distance of about Three miles ahead a 

Steam boat coming down the river, that to avoid a collision he steered the said Steamer 

Melodeon as near the shore as was possible, notwithstanding which the said Steam boat then 

descending the river kept her course towards said Steam boat Melodeon, and when within a short 

distance from him the Bell of the said descending boat was rung and her Engineer stopped; 

which was also done on board the Melodeon, but at the same moment the said descending boat 

which proved to be the George W Kendall ran into the said Steam Boat Melodeon and sank her 

in fifteen feet water- at about one hundred yards from the shore, and the said Hunter and Rolson 

together with John Rouse the Engineer further declare that the Engine of said Steam Boat 

230
Melodeon was in good working order and that the said accident did not occur by reason of any 

neglect or mismanagement of the officers and crew of said Steam Boat Melodeon, but was 

caused by the Steam boat George W Kendall aforesaid crossing the river and striking the 

larboard bow of said Steam boat Melodeon. 

[Third page] and the said Hunter further says, that all the damage and injury which already has or 

may hereafter appear to have happened or accrued to the said Steam Boat or her said Cargo, have 

been occasioned solely by the circumstances before stated and cannot nor ought not to be 

attributed to any insufficiency of the said Steam Boat or default of him, this deponent, his 

officers or crew: he now requires me, the said Notary, to make his PROTEST and this public act 

thereof, that the same may serve and be and remain in full force and virtue as of right shall 

appertain. And thereupon the said Hunter doth PROTEST, and I, the said Notary, at his special 

instance and request do, by these presents, Publicly and Solemnly Protest against Winds, 

Weather, and especially against being run into and sunk by said Steamer G W Kendall and 

against all and every accident, matter and thing, had and met with as aforesaid, whereby or by 

means whereof the said Boat Melodeon or her Cargo, already has, or hereafter shall appear to 

have suffered on sustained damage or injury, for all losses, costs, charges, expenses, damage and 

injury, which the said S Boat, the owner or owners of the said Sboat [this appears as is in 

document] Melodeon or the owners, freighters or shippers of her said Cargo, or any other person 

or persons interested or concerned in either already have or may hereafter pay, sustain, incur or 

has part unto, by or on account of the said premises, or for which the insurer or insurers of the 

said Steamer or her Cargo, is or are respectively liable to pay, or make contribution or average, 

according to custom or to their 

[Fourth page] respective contracts or obligations; and that no part of any such losses and 

expenses already incurred or which may be hereafter incurred, do fall on him the said Hunter, his 

officers or crew. 

Thus Done and Protested, at my office, at the said City of NEW ORLEANS, this Seventh 

day of December in the year of our Lord one thousand eight hundred and Fifty in the presence of 

R Brénan and E Florian Malus both of this City, competent witnesses, who hereunto sign their 

names, together with said appearers and me, Notary. 

[Signatures] R Brénan, E. Florian Malus, Jacob Hunter, Henry Rolson, John Rouse, 

GS Skilbeck, John Claiborne Not. Pub 

231
232
233
234
235
No. 174 

New Orleans 3rd May 1851 

Protest 

Schooner Jane, John Nelson, Master 

United States of America, 

State of Louisiana – Parish of Orleans 

City of New Orleans 

 By this Public Instrument of Protest, BE IT KNOWN, THAT BEFORE ME, JOHN 

CLAIBORNE, a Notary Public, duly commissioned and sworn, in and for the Parish of New 

Orleans, State of Louisiana, and dwelling in the CITY OF NEW ORLEANS, 

 Personally Came and Appeared, John Nelson, Master of the Schooner called the Jane, who having heretofore, to wit, on the [blank space] day of these presents, [blank space] noted 

before me Notary, [blank space] for the uses therein set forth his PROTEST, in due form of law; 

now requires me, Notary, to extend said PROTEST, and with the said John Nelson, Master, 

ALSO CAME AND APPEARED Francois Thiard Mate, and John Monne and Xavier Marée, 

Sailors, all belonging to the said Schooner Jane, And all of whom being by me first duly sworn 

according to law, do voluntarily, freely, and solemnly DECLARE AND DEPOSE as follows, 

that is to say, that he, the said John Nelson departed in and with the said Schooner Jane as 

Master thereof from the New Basin in this Port having on board a CARGO of assorted 

Merchandize, and bound for the Port of Mobile, Alabama, that the said Schooner Jane was then 

stout, staunch, strong; had her cargo well and sufficiently stowed and secured; was well masted, 

rigged, manned, tackled, victualled, appareled and appointed; and was in every respect fitted for 

the voyage she was about to undertake: 

 That on the Thirtieth day of April last past at [blank space] oclock, they departed from 

the New Basin aforesaid and proceeded in the New Canal to the Lake Pontchartrain from where 

they took their departure for the aforesaid Port of Mobile; 

 That nothing worthy of particular mention occurred until about two o’clock on the 

morning of the Second May instant when, having reached the Point of Horn Island, in going out 

through the Pass with a fresh breeze from the North East, the Schooner struck on the spit of the 

inner Point of the said Island, immediately brought out Bower Anchor and chain and all 

[Second page] hands were set at work heaving, also sounded the pump and found no water in the 

Hold at that time; that few minutes after which the wind increased to a gale and in consequence 

thereof the schooner bilged and thirty minutes or thereabouts after, had about three feet of water 

in the Hold; all hands were set at work at the pump and every exertion used to free the schooner, 

but, that notwithstanding their utmost exertions the schooner filled and sunk in seven feet of 

water. 

 That at day light on the same day they proceeded to save from the Schooner the sails and 

riggings and landed the same on the beach; and at about ten o’clock having discovered the smoke 

of a steamer they hoisted a signal for assistance, two or three hours after the Steamer Mobile

came alongside the wreck and gave assistance; they proceeded then to save all what could be 

taken out of the wreck and succeeded to save a small portion of the Cargo which together with 

the sails & riggings were placed on the steamer; And at dark, finding it impossible to save 

anything else from the wreck they abandoned the same and proceeded to New Orleans with the 

said Steamer Mobile.

236
[Third page] AND THE SAID, John Nelson, Master, further says, that all the damage and injury

which already has or may hereafter appear to have happened or accrued to the said Schooner 

Jane or her said Cargo, have been occasioned solely by the circumstances before stated and 

cannot nor ought not to be attributed to any insufficiency of the said Schooner, or default of him, 

the deponent, nor of his officers and crew: WHEREUPON, he requires me, the said NOTARY, 

aforesaid, to make his PROTEST and this public act thereof, that the same may serve and be and 

remain in full force and virtue as of right shall appertain. AND THREUPON, the said Master 

doth PROTEST, and I, the said Notary, at his instance and request, do, by these presents, 

PUBLICLY AND SOLEMNELY PROTEST, against Winds, Weather, and Bilging and against 

all and every accident, matter and thing, had and met with as aforesaid, whereby or by means 

whereof the said Schooner or her Cargo, already has, or hereafter shall appear to have suffered 

on sustained damage or injury, for all losses, costs, charges, expenses, damage and injury, which 

the said Schooner the owner or owners of the said Schooner or the owners, freighters or shippers 

of her said Cargo, or any other person or persons interested or concerned in either already have 

or may hereafter pay, sustain, incur or has part unto, by or on account of the said premises, or for 

which the Insurer or Insurers of the said Schooner or her Cargo, is, or are, respectively liable to 

pay or make contribution or 

[Fourth page] average, according to custom, or to their respective contracts or obligations; and 

that no part of any such losses and expenses already incurred or which may be hereafter incurred, 

do fall on him the said John Nelson, Master, his officers and crew. 

THUS DONE, at my office, in the said City of New Orleans, this Third day of May in the 

year one thousand eight hundred and fifty one in the presence of Richard Brénan and Edmond 

Florian Malus, competent Witnesses, who hereunto sign their names, with said Appearers and 

me, Notary. 

[Signatures] R Brénan, E. Florian Malus, John Nelson, Francois “X” Thiard, 

John Monne, Marée, John Claiborne, Not. Pub. 

237
238
239
240
241
No. 289, 29th August 1851 

Protest of 

H. E. Bochner, Master of 

Steam Ship Galveston

United States of America, 

State of Louisiana, Parish of Orleans 

City of New Orleans

By this Public Instrument of Protest, BE IT KNOWN, THAT BEFORE ME, JOHN 

CLAIBORNE, a Notary Public, duly commissioned and sworn, in and for the Parish of New 

Orleans, State of Louisiana, and dwelling in the CITY OF NEW ORLEANS, 

 Personally Came and Appeared, H. E. Bochner, Master of the Steam Ship called the 

Galveston, who having heretofore, to wit, on the Twenty eight day of August instant, noted 

before me, the undersigned Notary, for the uses therein set forth his PROTEST, in due form of 

law; now requires me, Notary, to extend said PROTEST, and with the said Captain Bochner. 

ALSO CAME AND APPEARED John Place the mate, John Griffin the First Engineer, 

Alexander P Waldron the Second Engineer, Rudolph Dossat the clerk and George Powers 

seaman, all belonging to the said Steam Ship Galveston, all of whom being by me first duly 

sworn according to law, do voluntarily, freely, and solemnly DECLARE AND DEPOSE as 

follows, that is to say, that he, the said Captain Bochner departed in and with the said Steam Ship 

as Master thereof from Matagorda Bay having on board a CARGO of Cattle and Cotton and 

bound for the Port of New Orleans via Galveston; that the said Steam Ship was then stout, 

staunch, strong; had her cargo well and sufficiently stowed and secured; was well masted, 

rigged, manned, tackled, victualled, appareled and appointed; and was in every respect fitted for 

the voyage she was about to undertake: that said Steam Ship Galveston left Matagorda Bay on 

Saturday afternoon the 23rd August at 4 o’clock and crossed the bar at 6 P.M. same day, arrived 

at Galveston at 8 A M of Sunday the 24th and left there at 4 P.M. same day for New Orleans, 

fifteen minutes before 5 P.M. of that day crossed the Bar, and the ships course was shaped East, 

the weather fine and pleasant with a good breeze from SSE, set the fore and aft sails, the weather 

continued pleasant with a fine breeze from same quarter on Monday the 25th at 10ͪ. 30' A.M., 

spoke Steam Ship Louisiana from New Orleans for Galveston, at noon latitude by observation 

29° North, then steered E 1⁄2 N until 1 P.M. then steered E at 1ͪ. 30' PM the water ahead looking 

like a tide rip, the Captain having gone aloft, descended and the mate reporting soundings at 4 1⁄2 

fathoms, the Engineer was ordered to slow the engine, soundings were now found at 1⁄4 less 2 

fathoms, when the Engineer was ordered to stop the engine and back her, again soundings found 

but 9 feet water where the ship struck and immediately swung around broadside to the shoals 

which proved to be Ship Island Shoals; the current setting to the ESE very strong across 

[Second page] the Shoal; the large anchor was immediately dropped and a hawser got out the 

boat to run out a kedge; on leaving the ship the boat with the hawser was carried by the current 

on to the shoal, at this time the wind howled to the westward and increased so that the sea began 

to break on the shoals, the people in the boat were unable to get back to the ship and in order to 

save her from sinking they were obliged to throw over the hawser and after two hours of hard 

labor they succeeded in getting alongside the ship, with considerable danger and after some time 

succeeded in getting out a kedge anchor to heave the ships bows off. Threw overboard the 

[illegible] and hove on the hawser but owing to the hard bottom the anchor came home, but was 

again immediately carried out, to no purpose, the ship continued toward on to the shoal with the 

current running very strong across the shoal, at 11PM. The ship commenced making water very 

fast, the pumps were kept going, but to no purpose as the ship immediately filled and the pumps 

were choked with sand. At daylight on Tuesday 26th August the shore distant about fourteen 

242
miles, Felix Dossat the Clerk was sent off with a boat in order to procure assistance, during the 

night the light ship was just perceivable due East from the wreck about twelve miles: at 11 AM. 

The steam ship Mexico hove in sight, the passengers being all safely got on board of her, the 

wreck was of necessity abandoned, at 5 AM of Wednesday the 27th in the Mexico crossed the 

Bar of the SW Pass and reached the Levee at New Orleans at 7 PM same day. Every exertion 

was made by both the crew and passengers to save the ship but in vain. 

[Third page] AND THE SAID Captain Bochner further says, that all the damage and injury

which already has or may hereafter appear to have happened or accrued to the said Steam Ship or 

her said Cargo, have been occasioned solely by the circumstances before stated and cannot nor 

ought not to be attributed to any insufficiency of the said Steam Ship, or default of him, the 

deponent, nor of his officers and crew: WHEREUPON, he requires me, the said NOTARY, 

aforesaid, to make his PROTEST and this public act thereof, that the same may serve and be and 

remain in full force and virtue as of right shall appertain. AND THREUPON, the said Captain 

Bochner doth PROTEST, and I, the said Notary, at his instance and request, do, by these 

presents, PUBLICLY AND SOLEMNELY PROTEST, against Winds, Weather, Currents and 

Shoals and against all and every accident, matter and thing, had and met with as aforesaid, 

whereby or by means whereof the said Steam Ship or her Cargo, already has, or hereafter shall 

appear to have suffered on sustained damage or injury, for all losses, costs, charges, expenses, 

damage and injury, which the said Steam Ship the owner or owners of the said Steam Ship or the 

owners, freighters or shippers of her said Cargo, or any other person or persons interested or 

concerned in either already have or may hereafter pay, sustain, incur or has part unto, by or on 

account of the said premises, or for which the Insurer or Insurers of the said Steam Ship or her 

Cargo, is, or are, respectively liable to pay or make contribution or 

[Fourth page] average, according to custom, or to their respective contracts or obligations; and 

that no part of any such losses and expenses already incurred or which may be hereafter incurred, 

do fall on him the said Captain Bochner, his officers and crew. 

THUS DONE, at my office, in the said City of New Orleans, this Third day of May in the 

year one thousand eight hundred and fifty one in the presence of Richard Brénan and Charles B. 

Singleton, competent Witnesses, who hereunto sign their names, with said Appearers and me, 

Notary. 

[Signatures] R Brénan, C. B. Singleton, H. E. Bochner, John Griffin, Alexander P Waldron, 

Rudolph Dossat, George Powers, John Place 

243
244
245
246
247
No. 312 23rd October 1851 

Protest of Townsend Weeks 

Master of Ship Gertrude

United States of America, 

State of Louisiana – Parish of Orleans 

City of New Orleans

 By this Public Instrument of Protest, BE IT KNOWN, THAT BEFORE ME, JOHN 

CLAIBORNE, a Notary Public, duly commissioned and sworn, in and for the Parish of New 

Orleans, State of Louisiana, and dwelling in the CITY OF NEW ORLEANS, 

 Personally Came and Appeared, Townsend Weeks, Master of the Ship called the 

Gertrude, who having heretofore, to wit, on the Twenty Second day of October instant, noted 

before me the undersigned Notary, for the uses therein set forth his PROTEST, in due form of 

law; now requires me, Notary, to extend said PROTEST, and with the said Captain Weeks. 

ALSO CAME AND APPEARED J. B. Bowditch, the first mate, John Miller, the second mate 

and Joseph Rutherford, seaman and John Clark also seaman, all belonging to the said Ship 

Gertrude, all of whom being by me first duly sworn according to law, do voluntarily, freely, and 

solemnly DECLARE AND DEPOSE as follows, that is to say, that he, the said Captain Hicks 

departed in and with the said Ship Gertrude as Master thereof from Harnes in France, having on 

board a CARGO of Merchandize and bound for the Port of New Orleans Louisiana, that the said 

Ship was then stout, staunch, strong; had her cargo well and sufficiently stowed and secured; was 

well masted, rigged, manned, tackled, victualled, appareled and appointed; and was in every 

respect fitted for the voyage she was about to undertake: that on the Eighteenth day of August 

last the said Ship sailed from the Port of Harnes France, nothing of importance occurred on the 

voyage until Friday the Tenth day of October instant, strong winds blowing with cloudy weather 

at 4 P. M. hauled out forty five fathoms of larboard and Thirty fathoms of Starboard chain, put 

the anchors in the shoal and hauled out the lines and hawsers at 8 P.M. took in studding sails 

royals and topsails, and kept off west, at 9 PM made the NE Pass light bearing S by W 1⁄2 W, and 

hauled up SSE, strong winds continuing to blow, & the ship continuing on the same course at 2 

A.M. the NE Pass light bearing NW by N made the South Point light which bore SE; at 4. 30.' 

Still on the same course said light bore W by N distant about 12 miles, at 5. 30', struck a Sand 

Bank off the South Point and stuck fast, strong winds continued to blow during the latter part of 

the day with fair weather, were unable to forced the ship off the bank on either way: at 6 AM a 

pilot came on board a stream and kedge anchor were then got out, but could not have the ship 

off, on the 11th, strong winds and fair weather continued, at 1 PM hove in the slack of the 

hawsers and found that both anchors came home; the Steamer Conqueror came down this day, 

but found too much sea on to venture out to us, at 3 the Steamer Whitney came down, but would 

[Second page] not venture out on account of the heavy sea running, the ship rolled and 

[illegible], finding that she made some water, both pumps were rigged and she was freed, the 

wind continued to blow very hard all day, the pumps carefully attended, towards the latter part 

the ship surged ahead some what and took her anchors, then hove the stream anchor home, the 

Captain then went on board the Conqueror, the master of which steamer dared not take hold of 

the ship, all hands employed in preparing to lighten ship, on the 13th Strong gales from SE and 

squalls, the ship forged ahead with her anchors, at 2 A.M. a heavy sea and the ship thumped very 

hard, started her rudder up and broke her rudder braces, but did not make any more water than on 

the previous day, at 7 Am ran the stream cable out aft, and have it taut, at 11 set fore top sail 

aback strong winds blowing with rain, on the 13th the wind moderate from the S with fair 

weather all of the cabins & between forty and fifty of the steerage passengers went from the ship 

on board the steamer PM [illegible] for New Orleans, at 8 A. M. the wind [illegible] to NW 

248
where all sail was made and [illegible] round to force the ship off aback, at 11 blowing heavy 

fueled the royals, the ship not moving, The pumps were carefully attended; at 2 AM found that 

she had made water fast, then started both pumps, at 6 sounded and found 11 feet water and 

could not force her; on the 14th strong gales from N & NNW, at 4 P.M. the steamers Conqueror

and Ocean came down along side, when the lower deck hatches were opened found the lower 

hold full of water, a number of cases were hauled out in order to get a suction pump down, a part 

of the goods between decks was discharged with the Steamer Ocean, on which boat the 

remainder of the passengers left the ship, at 5 AM same day, the Steamers Anglo American and 

Yankee came along side, working their pumps, the wind having moderated, the Yankee

commenced pumping at 3 and at 10 both pumps were working well, continued pumping until 12 

M. but could not gain on the leak, then left off pumping and commenced discharging decks and 

whatever could be got at in the lower hold, commenced stripping the ship of her sails, rigging, 

and spars, a portion of which were put on board the Steamers Louisville and Yankee together 

with the boats, the Yankee and Anglo American continued pumping, between 8 and 10 but could 

gain very little on the leak, on the 16th continued stripping the ship and discharging. Three boats 

were this day alongside pumping but could not gain on the leak, on the 17th strong gales blowing 

from NE there was too much sea in for the steamers to come out to the assistance of the ship, on 

the 18th had strong gales from the SE with rain, the steamers not able to lay out the night, went 

up the SW Pass during the night, the water was considerably higher, the ship became very much 

bogged about midships, there being a heavy sea on the ship listed to Port more than [illegible] 

the water was now nearly level with the plank shear, and it became impossible to work at the 

Cargo, then employed the men in stripping mizzen mast and [illegible] mast, fore top mast and 

lower yard, on the 19th the Steamers Ocean & Louisville were unable to come to the assistance of 

the ship on account of the swell of the sea early on the day but the weather moderating about 6 

A. M. a gang came on board from the Louisville and Steamer Dee Brown came alongside, on the 

morning of the 20th all hands left the ship, the tide then flowing and ebbing through her the same 

as outside, it being impossible to get her off. 

[Third page] AND THE SAID, Captain Weeks further says, that all the damage and injury which 

already has or may hereafter appear to have happened or accrued to the said Ship Gertrude or her 

said Cargo, have been occasioned solely by the circumstances before stated and cannot nor ought 

not to be attributed to any insufficiency of the said Ship Gertrude, or default of him, the 

deponent, nor of his officers and crew: WHEREUPON, he requires me, the said NOTARY, 

aforesaid, to make his PROTEST and this public act thereof, that the same may serve and be and 

remain in full force and virtue as of right shall appertain. AND THREUPON, the said Captain 

Weeks doth PROTEST, and I, the said Notary, at his instance and request, do, by these presents, 

PUBLICLY AND SOLEMNELY PROTEST, against Winds, Weather, striking on Sand Bank, 

the drifting of the ship by reason of the current and against all and every accident, matter and 

thing, had and met with as aforesaid, whereby or by means whereof the said Ship Gertrude, or 

her Cargo, already has, or hereafter shall appear to have suffered on sustained damage or injury, 

for all losses, costs, charges, expenses, damage and injury, which the said Ship the or owners of 

the said Ship or the owners, freighters or shippers of her said Cargo, or any other person or 

persons interested or concerned in either already have or may hereafter pay, sustain, incur or has 

part unto, by or on account of the said premises, or for which the Insurer or Insurers of the said 

Ship Gertrude, or her Cargo, is, or are, respectively liable to pay or make contribution or 

[Fourth page] average, according to custom, or to their respective contracts or obligations; and 

that no part of any such losses and expenses already incurred or which may be hereafter incurred, 

do fall on him the said Captain Hicks, his officers and crew. 

THUS DONE, at my office, in the said City of New Orleans, this Twenty third day of 

October in the year one thousand eight hundred and fifty one in the presence of Richard Brénan, 

and Edmond Florian Malus competent Witnesses, who hereunto sign their names, with said 

Appearers and me, Notary. 

249
[Signatures] R Brénan, E. Florian Malus, Townsend Weeks, J. B. Bowditch, John Miller Joseph 

Rutherford, John “X” Clark, Wm Claiborne, Not Public 

250
251
252
253
254
No. 286 21st August 1851 

Protest 

by 

Schooner Jane, John Petit, Master of Schn 

Wm C. Preston 

United States of America, 

State of Louisiana – Parish of Orleans 

City of New Orleans 

 By this Public Instrument of Protest, BE IT KNOWN, THAT BEFORE ME, JOHN 

CLAIBORNE, a Notary Public, duly commissioned and sworn, in and for the Parish of New 

Orleans, State of Louisiana, and dwelling in the CITY OF NEW ORLEANS, 

 Personally Came and Appeared, John Petit, Master of the Schooner called the Wm C. 

Preston, who having heretofore, to wit, on the thirteenth day of the month of August, noted 

before C Lewis, a Justice of the Peace for Hancock County, State of Mississippi for the uses 

therein set forth his PROTEST, in due form of law; now requires me, Notary, to extend said 

PROTEST, and with the said Captain Petit, ALSO CAME AND APPEARED Victor Petit, the 

mate, Victor Pierrot, the cook and Francois Guilyot, seaman, all belonging to the said Schooner 

Wm C Preston, all of whom being by me first duly sworn according to law, do voluntarily, 

freely, and solemnly DECLARE AND DEPOSE as follows, that is to say, that he, the said John 

Petit departed in and with the said Schooner as the Master thereof from the Port of New Orleans, 

having on board a CARGO of assorted Merchandize and bound for the Port of Brases L Lago, 

Texas that the said Schooner was then stout, staunch, strong; had her cargo well and sufficiently 

stowed and secured; was well masted, rigged, manned, tackled, victualled, appareled and 

appointed; and was in every respect fitted for the voyage she was about to undertake: that the 

Schooner was cleared on Friday the first of August instant, the sails bent and decks [illegible] on 

the second of August left the basin Carondelet and proceeded to the end of the Canal Carondelet 

on the third towed down by two mules to the mouth of the Bayou St. John, on Monday the 

Schooner Three Brothers aground on the Bar prevented the Schooner going out and there not 

being enough water on the bar, on Tuesday the fifth discharged the Cargo onto a flat, on 

Wednesday the sixth, crossed the bar, and took on board the Cargo and proceeded on the voyage, 

on Thursday night at about one o’clock came to anchor near Josephs Island, on Friday the 8th at 

about 6 A. M. made sail, finding that the vessel was short of water, came to anchor in the Bay of 

St. Louis, the wind being at SSE on Saturday the 9th having taken on board a supply of water 

and provisions made sail between three and four o’clock PM, came to anchor between 10 & 11 

o’clock same day about three miles of the floating light, wind continuing to be ahead, on Sunday 

the 10th

[Second page] about 7 o’clock A. M., a light breeze springing up made sail and about 9 P. M. 

Sunday came to anchor the north point of the Chandeleur Islands bearing about East five miles 

distant, on Monday the 11th, the breeze getting up from E. S. E. the schooner steering S by W 

and going about 4 knots [illegible] until abut half past 11 A. M. a heavy black cloud coming 

[illegible] head with a dead calm, came to anchor; at about 12 N., same day the breeze getting up 

again made sail, about one o’clock same day had the hatch open in order to get at a band of rice, 

and discovered the vessel to be on fire, the Britton Island there distant about Ten miles, Every 

exertion was made by the crew to get the fire under and save the vessel and cargo but without 

success, the fire appeared to have commenced about mid ship and there being on board some 

twenty kegs of Powder and several barrels of spirits, in order to save the lives of the crew, took 

to the boat and about Ten minutes after the Schooner was abandoned she was blown up by the 

explosion of the powder and spirits, by which way they on board was lost including the log book. 

 

255
[Third page] AND THE SAID, John Petit further says, that all the damage and injury which 

already has or may hereafter appear to have happened or accrued to the said Schooner or her said 

Cargo, has been occasioned solely by the circumstances before stated and cannot nor ought not 

to be attributed to any insufficiency of the said Schooner, or default of him, the deponent, nor of 

his officers and crew: WHEREUPON, he requires me, the said NOTARY, aforesaid, to make 

his PROTEST and this public act thereof, that the same may serve and be and remain in full 

force and virtue as of right shall appertain. AND THREUPON, the said Captain Petit doth 

PROTEST, and I, the said Notary, at his instance and request, do, by these presents, PUBLICLY 

AND SOLEMNELY PROTEST, against Winds, Weather, and destruction of the said Schooner, 

her Cargo, Furniture, tackle and apparel by fire and against all and every accident, matter and 

thing, had and met with as aforesaid, whereby or by means whereof the said Schooner or her 

Cargo, already has, or hereafter shall appear to have suffered on sustained damage or injury, for 

all losses, costs, charges, expenses, damage and injury, which the said Schooner the owner or 

owners of the said Schooner or the owners, freighters or shippers of her said Cargo, or any other 

person or persons interested or concerned in either already have or may hereafter pay, sustain, 

incur or has part unto, by or on account of the said premises, or for which the Insurer or Insurers 

of the said Schooner or her Cargo, is, or are, respectively liable to pay or make contribution or 

[Fourth page] average, according to custom, or to their respective contracts or obligations; and 

that no part of any such losses and expenses already incurred or which may be hereafter incurred, 

do fall on him the said Captain Petit, his officers and crew. 

THUS DONE, at my office, in the said City of New Orleans, this Twenty first day of 

August in the year one thousand eight hundred and fifty one in the presence of Richard Brénan 

and Thomas R. Wolfe, competent Witnesses, who hereunto sign their names, with said 

Appearers and me, Notary. 

[Signatures] Thos R. Wolfe, R Brénan, J. Petit, Victor Petit, Victor Pierrot, F. “X” Guilyot, John 

Claiborne, Not. Public 

256
257
258
259
260
No. 138 

N. O. 20 August 1852 

Protest Extended 

Barque Charlotte

William Rea Master 

United States of America, 

State of Louisiana – Parish of Orleans 

City of New Orleans 

 By this Public Instrument of Protest, BE IT KNOWN, THAT BEFORE ME, JOHN 

CLAIBORNE, a Notary Public, duly commissioned and sworn, in and for the Parish of New 

Orleans, State of Louisiana, and dwelling in the CITY OF NEW ORLEANS, 

 Personally Came and Appeared, William Rea, Master of the Barque called the Charlotte

who having heretofore, to wit, on the day of the date hereof, noted before me Notary, for the uses 

therein set forth his PROTEST, in due form of law; now requires me, Notary, to extend said 

PROTEST, and with the said William Rea, Master, Master, ALSO CAME AND APPEARED 

James Dick first mate, Alexander McLersh, second mate, Thurman Aitchison, Carpenter, Charles 

James Watson, seaman, David Maconochie, Cook, & James McBay & William Mason, seamen, 

all belonging to the said Barque Charlotte all of whom being by me first duly sworn according 

to law, do voluntarily, freely, and solemnly DECLARE AND DEPOSE as follows, that is to say, 

that he, the said William Rea departed in and with the said Barque Charlotte as Master thereof 

from the Port of New Orleans having on board a CARGO of Cotton and Staves and bound for 

the Port of Liverpool, England that the said Barque was then stout, staunch, strong; had her cargo 

well and sufficiently stowed and secured; was well masted, rigged, manned, tackled, victualled, 

appareled and appointed; and was in every respect fitted for the voyage she was about to 

undertake: 

 

 That on the Twenty eighth day of July last at 3:30 P.M. proceeded down the River 

Mississippi in tow of the Steamer Porpoise until the succeeding day at 11 A.M. when they came 

to anchor off the Telegraph Station, waiting for water on the Bar, and there remained until the 

Thirty first of July, on which day at 10 A.M. the Pilot came on board the Barque and the steamer 

Tow Boats Ocean and Mary Kingsland came 

[Second page] and made fast alongside in order to tow the Barque over the Bar _ got under 

weigh and proceeded down to the Bar; at 10. 45 as the ship was crossing the Bar Fire was 

observed in the main Top from one of the Tow Boats which gave the alarm; _ James McBay, 

seaman, had been sent up aloft to loose the yard Arm gaskets of the main Top Sail so as to be 

ready for cutting when over the Bar, he was in the act of loosing the sail but did not observe the 

Fire until hearing the alarm from the Tow Boat; _ At the instant fire being reported the Master 

ordered the second mate to go in the Top, going there himself at the same time; _ and giving 

orders to the First Mate with the men to supply water, which was done with every exertion 

possible; _ yet with all the Exertions the fire gained on them _ setting fire to sails & Riggings 

and extending beyond their reach; then the Master and others came down; _ Part of the larboard 

side of Main Rigging being gone and main Top all in Flames and expecting the Main Mast to fall 

was immediately; _ The steam Boats & Pilot left the vessel, and then they brought her to anchor 

to bring her head to the Wind to prevent the fire going forward; _ [illegible] to the Cotton on 

deck being before the Main Mast, and at the same time cutting the starboard Main Rigging & 

Stays to allow the Mast to fall, _ it being impossible to get it out away being [illegible] with Fire; 

_ also some doing all possible exertion to extinguish the fire from the Cotton on deck, which was 

gaining fast on them, 

261
[Third page] at noon, being in a Mass of Fire and the Tow Boats sending their boats to the 

wreck, all of those on board left the Barque; _ at about 2 P.M. the steam Boats Conqueror and 

Ocean went alongside to try to extinguish the Fire and save part of the Cargo and at about 4. the 

steam Boats left the Barque without having had any effect on the Fire and proceeded up to the 

Telegraph Station; _ At the time of leaving the Barque, the decks and Beams from the Main Mast 

and part of top [illegible] were entirely burnt and the rest of the ship all in flame _ and in a 

condition to make her preservation wholly impossibleAND THE SAID, William Rea, Master further says, that all the damage and injury which 

already has or may hereafter appear to have happened or accrued to the said Barque or her said 

Cargo, have been occasioned solely by the circumstances before stated and cannot nor ought not 

to be attributed to any insufficiency of the said Barque, or default of him, the deponent, nor of 

his officers and crew: WHEREUPON, he requires me, the said NOTARY, aforesaid, to make 

his PROTEST and this public act thereof, that the same may serve and be and remain in full 

force and virtue as of right shall appertain. AND THREUPON, the said William Rea doth 

PROTEST, and I, the said Notary, at his instance and request, do, by these presents, PUBLICLY 

AND SOLEMNELY PROTEST, against Winds, Weather, and particularly against Fire by which 

the said Barque Charlotte was destroyed and against all and every accident, matter and thing, 

had and met with as aforesaid, whereby or by means whereof the said Barque or her Cargo, 

already has, or hereafter shall appear to have suffered on sustained damage or injury, for all 

losses, costs, charges, expenses, damage and injury, which the said Barque the owner or owners 

of the said Barque or the owners, freighters or shippers of her said Cargo, or any other person or 

persons interested or concerned in either already have or may hereafter pay, sustain, incur or has 

part unto, by or on account of the said premises, or for which the Insurer or Insurers of the said 

Barque or her Cargo, is, or are, respectively liable to pay or make contribution or 

[Fourth page] average, according to custom, or to their respective contracts or obligations; and 

that no part of any such losses and expenses already incurred or which may be hereafter incurred, 

do fall on him the said William Rea, Master, his officers and crew. 

THUS DONE, at my office, in the said City of New Orleans, this Second day of August 

in the year one thousand eight hundred and fifty two in the presence of Edmond Florian Malus 

and J. Edmond Malus, competent Witnesses, who hereunto sign their names, with said Appearers 

and me, Notary. 

[Signatures] E. Florian Malus, Ed Malus, William Rea, James Dick, Alexander McLersh, 

Thurman Aitchison, Charles James Watson, David Maconochie, James McBay, 

William “X” Mason 

262
263
264
265
No. 106 

New Orleans, 23 August 1853 

Registration of a Copy of the Protest of 

The Schooner Martha Jane, At the request of 

Thomas A. Adams Prest. [President] 

State of Louisiana, 

Parish of Orleans and City of New Orleans

Be it known That on this Twenty third day of July, one thousand eight hundred and fifty 

three, 

Before me, John Claiborne, a Notary Public, in this city of New Orleans, duly 

commissioned and sworn for this Parish of Orleans, and in presence of the undersigned 

Witnesses, 

 Personally came and appeared Thomas A. Adams Esquire, of this city, the President of 

the “Crescent Mutual Insurance Company”, of this city, Who having produced and exhibited 

unto me Notary a certain document or Instrument of writing drawn up in the English Language 

and purposing to be a Certified Copy of the Protest extended of the Schooner “Martha Jane”

executed and made on the Twenty sixth day of April last past before John B. Latterthwait, a 

Public Notary at the city of New York, requested me Notary to reregister the said Document in 

extender among my Notarial Records to serve in case of need; 

And complying with said request, I, the said Notary did proceed to make hereon by way 

of Registration a true and faithful copy of the said Document which is in the records and figures 

following, to wit: 

United State of America 

State of New York} 

City of New York} 

 To all people to whom these presents shall come or may concern: I, John B. Latterthwait, 

a Public Notary, in and for the State of New York, by Letters Patent under the Great Seal of the 

said state, duly commissioned and sworn, dwelling in the City of New York, Send Greeting: 

 Know Ye, that on the Fifteenth day of April in the year of our Lord One thousand Eight 

hundred and fifty three before Joseph T. Landers W. S. Counselor Agent at Abco, appeared R. S. 

Judson of the Schooner called the Martha Jane and noted in due form of law with the said this 

Protest, for the uses and purpose hereafter mentioned; And now at this day to wit: the day of the 

date hereof, before me, the said Notary, at the city of New York aforesaid, again come the said 

A. S. Judson and requires me to extend his Protest, and together with the said R. S. Judson also 

came Thomas Claire, William Higgins, belonging to the aforesaid [blank], all of whom being by 

me duly sworn on the Holy Evangelists of Almighty God, voluntarily, freely and solemnly do 

declare and depose as follows, that is to say that on the 26th day of March last past, he, the said 

[blank space] 

[Second page] Set sail and departed in and with the said Schooner as Master thereof, from 

Savannah having on board the said Schooner a Cargo of Merchandise and bound for the Port of 

New Orleans, that the said Schooner was then stout, staunch, and strong; had her cargo well and 

sufficiently stowed and secured, was well masted, manned, tackled, victualled, appareled, and 

appointed, and was in every respect fit for the voyage she was about to undertake: Which he 

proceeded upon without any thing material occurring, the weather being, at times squally, 

266
making and taking in sail as occasion required, until 29th March, which began with fresh gales 

from the N. E. and dark cloudy weather accompanied with rain squalls, at 6 P.M. reefed the 

Topsail and Mainsail Took in the Flying Jib, At half past 12 the Schooner struck on a Coral Reef, 

at which time there was no appearance of land. A good look out was kept, cleared away the 

Larboard Anchor, and let it go. Every possible means and exertion was used to get the vessel 

off, but without success; At 8 A.M. the next morning Wreckers came on board and commenced 

taking out the Cargo, and saving every thing that was possible. Latter part of the day fresh 

gales_ Wreckers engaged discharging Cargo_ Vessel Beating very hard. _ On the 30th

Commenced with fresh breezes from the S.W.E. attended with rain squalls_ The wreckers 

engaged in trying to save whatever possible _ At 11 o’clock p.m. the Vessel listed down on her 

beam ends _ Cut away the spars to save the remainder of the Cargo, as well as the lives of the 

Crew_ Wreckers still employed on board; Appearer further says that seeing no possibility of 

saving the Vessel, himself and Crew abandoned the same to the Wreckers on the morning of the 

31st March 1853. 

And the said A. S. Judson further says that, all the damage and injury which already has 

or may hereafter appear to have happened or accrued to the said Sch. Martha Jane or her said 

Cargo, have been occasioned solely by the circumstances before stated and cannot nor ought not 

to be attributed to any insufficiency of the said Schooner or default of him, this deponent, his 

officers or crew; he now requires me, the said Notary, to make his PROTEST and this public act 

thereof, that the same may serve and be and remain in full force and virtue as of right shall 

appertain. 

And thereupon the said A. S. Judson doth PROTEST, and I, the said Notary, at his 

special instance and request do, by these presents, Publicly and Solemnly Protest against winds, 

weather, and seas, and against all and every accident, matter and thing, had and met with as 

aforesaid, whereby or by means whereof the said Sch. or her Cargo, already has, or hereafter 

shall appear to have suffered on sustained damage or injury, for all losses, costs, charges, 

expenses, damage and injury, which the said Sch. the owner or owners of the said Sch. or the 

owners, freighters or shippers of her said Cargo, or any other person or persons interested or 

concerned in either already have or may hereafter pay, sustain, incur or has part unto, by or on 

account of the said premises, or for which the insurer or insurers of the said Sch. or her Cargo, is 

or are respectively liable to pay, or make contribution or average, according to custom or to their 

respective contracts or obligations; and that no part of any such losses and expenses already 

incurred or which may be hereafter incurred, do fall on him the said A. S. Judson, his officers or 

crew. 

[Third page] Thus Done and Protested, in the city of New York, this Twenty sixth day of 

April in the year of our Lord One thousand eight hundred and fifty three. 

In Testimony whereof, as well the said appearers, as, I, the Notary, have subscribed these 

present, and I have also caused my seal of Office to be hereunto affirmed, the day and year last 

above mention. 

 

A. S. Judson Mst. John B. Latterthwaite 

Thomas Chin Mate Not. Pub. 

William Higgins Seaman 

City and County of New York} 

 I, J. B. Latterthwaite, a Public Notary in and for said City and County duly 

commissioned and sworn, dwelling in said City, do certify the foregoing to be a true and exact 

copy of an original Protest on record in my office. 

267
 In Testimony whereof, I hereunto set my hand and Notarial seal, this 26 day of 

April One thousand eight hundred and Fifty three. 

 John B. Latterthwaite 

 And having now carefully compared and collated the aforesaid original Document 

with the foregoing transcript thereof and having found the same to correspond in every respect, I, 

the said Notary did return the said Document to the said appearer who herby acknowledges 

receipt and permission thereof. 

 Thus Done and Register in my office, at the city of New Orleans, on the day, 

month and year first above mentioned in the presence of Edmond Florian Malus and William 

Albert Edwards, Competent Witnesses, who have hereunto signed their names together with the 

said appearer and me Notary. 

[Signatures] Florian Malus, Wm Edwards, Thos A Adams, Prest., Wm Claiborne, Not. Pub. 

268
269
270
No. 86 

 [85] By this public instrument of Protest, Be it known that on this eleventh Day of 

December in the year of Our Lord one thousand eight hundred and twenty six and the fifty first 

of the of the independence of the United States of America, Before me John Nicholson Duncan, 

notary public in and of the parish and city of New Orleans, Duly commissioned and sworn and in 

the presence of the witnesses hereinafter named and undersigned. 

 Personally came Charles Rouse, master of the flat boat Washington from the Port of 

Portland, Kentucky bound to the port of New Orleans, laden with flour and Bacon, who after 

presenting on Entry of Protest, made before Will Ervin, Justice of the peace for Shelby County 

(Tenessee) stating the loss of said flat boat by a unavoidable accident, he the said Appearer 

requested me the Notary to receive his declaration and to make this his protest; accordingly he 

the said appearer after being Duly sworn Declared and Says: That on the Thirty first Day of 

September last past he set off from Portland on board the aforesaid Flat boat Washington, bound 

Directly for this Port, and That The boat in the production of her voyage, by an unavoidable 

accident, and in spite of the exertions of the said captain and his crew, ran against a snag at the 

foot of the Race-ground in the Mississippi River, at Seven o’clock P.M. on the Sixth Day 

November last past, and sunk; and That he the said appearer assisted by his crew did all in their 

power to save the Boat and Cargo in a Damaged State which they Delivered to Thomas F. 

Townsley the consignee at New Orleans with the exception of about six barrels of flour entirely 

left together with the boat which he was unable to save. That within three Days after the 

accident and before the first magistrate he could find he together with his crew made the 

aforesaid entry of protest and the said appearers did further declare that the said boat at the time 

of her Departure from Portland aforesaid [illegible] [illegible] intended voyage was light 

staunch, and [illegible] and was well and sufficiently manned, provided and furnished with all 

things necessary for the said voyage; and that during the said voyage, the said 

[Second page] appearer and his crew did their utmost and endeavours to preserve the said boat 

and cargo from Damage And Therefore, the said Charles Rouse did Declare to protest and by 

these presents he Doth Solemnly Protest against all and every person or persons whom it shall or 

may concern and doth Declare that all Damages losses and Detriments that have happened to the 

said Boat and the Goods after loading are and ought to be borne by the merchants, and freighters 

interested or whomsoever else it shall or may concern; the same having occurred as before 

mentioned and not by or through the neglect of the said appearer or any of his crew. 

 And also personally came and appeared John Fainel, William Shannon, John Farquar, 

and Robert Oliver, hands on board of aforesaid flat Boat Washington who being Duly Sworn 

upon the holy Evangelists of Almighty God, do Severally make oath and say That the forgoing 

instrument of protest has been clearly and distinctly read over to the [illegible] That the several 

matters and things therein contained are right and true in all respects and the same are therein 

particularly alleged, declared and set forth. 

 Thus Done and protested at New Orleans in my office the Day and Year first above 

written in the presence of Hilary B. Cenas, and Louis H. Feraund both witnesses hereto required 

who have signed hereunto together with me, said notary and the appearer & after reading the 

whole excerpt W. Shannon who declared that he could not write his name and he has made his 

[illegible] mark 

[Signatures] Charles D Rouse, Mr. J Fainell, W “X” Shannon, John Farquar, Robt. Oliver, L. H. 

Feraund, H. Cenas, J. N. Duncan Jr, Not Pub 

271
272
273
274
No 10 

22nd January 1828 

Protest of the flat Boat 

No One 

Captain Hutch 

State of Louisiana 

City of New Orleans

 [17] By this Public Instrument of Protest _ Be it Known that up on this Twenty second 

day of January AD one Thousand Eight hundred & Twenty Eight_ Before me John Nicholson 

Duncan, Notary Public in and for the Parish & City of New Orleans _ duly commissioned & 

sworn, and in presence of the witnesses hereinafter named & are assigned, Personally came & 

appeared Manoah Hutchison who, after presenting an Entry of Protest [illegible] before Hartwell 

Vick Esqr a Justice of the Peace for the County of Warren, state of Mississippi, dated the 

Nineteenth day of this Current month of January _ Requested me the Notary to receive his 

declaration and extend his protest_ Accordingly, he the appearer, being duly sworn declares & 

says That he was Master of the flat Boat called No. One_ that upon the Eleventh day of Decr 

[December] last past he departed on board said Boat from Greensburgh in the state of Kentucky 

bound to this Port_ laden with tobacco_: To wit, Thirty Hogsheads to J. & T. Aiken, four 

Hogshead to P. B. Atwood, three Hogsheads and sixty five Kegs to Elijah Creel, one hundred 

boxes & fifty Kegs to Daniel Brown_ and twelve Kegs to Thomas H. Harris, To be delivered 

(with the exception of twenty five Boxes) in good order and condition, at this City of New 

Orleans, the dangers of the River excepted: and that the Boat in the prosecution of her voyage, 

upon the thirteenth day of January (current) at or about Seven o’clock P. M. by an unavoidable 

accident was sunk at the moment of coming to, for the night_ that at the time & for some days 

previous he was in company with & lashed to another flat Boat, commanded by Captn Rife of 

Greensburgh & consigned to Foster & Hutton of this City_ that in bringing the boats to _ the 

Bow lashing “gave way” or parted _ his (the appearer) boat “swung round” the stern lashing 

carried away the stern of the aforesaid flat Boat No One_ and She Sunk _ at the foot of the 

Islands 101 and 102 in the Mississippi River. That he the said appearer assisted by his crew did 

all in their power to save the Boat & Cargo and that he did save from the wreck the greater part 

of the Cargo in a damaged state _ that he shipped the same on Board the Steam Boat Crusader, 

three days after the accident _ which is now landing at the Levee and ready to be delivered to the 

consignees, with the exception of three Boxes of Tobacco, entirely lost: That within six days 

after the accident & before the first Justice of the Peace or Magistrate, he could find, he together 

with his crew made the above mentioned Entry of Protest: and the appearer further declares that 

the aforesaid flat Boat at the time of her departure from Greensburgh upon her intended voyage 

was tight, staunch and strong and was well and sufficiently manned, provided & furnished with 

all things necessary & useful for the said voyage 

[18] and that during the said voyage, he the said appearer and his crew did use their utmost 

endeavors to preserve the said Boat and Cargo. L. Hutchison Did declare to Protest and by these 

presents Doth Solemnly Protest against all and every person or persons whom it shall or may 

concern, and doth declare that all damages, losses and detriments that have happened to the 

aforesaid Boat and the goods of her lading are and ought to be borne by the merchants and 

freighters interested, or whomsoever else it may concern, the same having occurred as before 

mentioned and not by or through the neglect of said appearer or any of his Crew. And also Came 

John O’Connell & William Tucker, hands on board said Boat from the time of her departure 

from Greensburgh until said Boat was sunk, who being duly sworn, do severally make oath and 

say that the foregoing instrument of Protest has been clearly & distinctly read over to them and 

275
that the several matters & things therein stated are right and true I all respects as the same are 

therein particularly alleged and set forth. 

Thus Done and protested at my office in this City of New Orleans upon the day, month 

and year first above written, in presence of Edward A. Shipman and Albert de Armas witnesses 

who hereunto subscribe their names together with the appearers and with me the Notary. :/: J & 

T Aiken, P. B. Atwood, Elijah Creel, Daniel Brown and Thomas H. Harris: are the owners of the 

several quantities of Tobacco mentioned above. 

[Signatures] Albert Du Armas, E A Shipman, Manoah L. Hutchison, John O’Connell, W. 

Tucker, J. N. Duncan, Not. Pub. 

276
277
278
[First two paragraphs in French regards the verification of the copy from the original document, 

and is translated in the last paragraph of the document] 

Theo J Ross Notary Public in and for the City of New Orleans duly qualified and commissioned 

as such do hereby Certify that I am well acquainted with the Signature of Mess. Purée’s French 

Consul Pro tempore and verily believe the Signature to this Instrument of writing to be his hand 

writing, in Testimony whereof, I have heard and got my hand and offer my Notarial Seal this 

Fifteenth day of February, Eighteen hundred and Eleven and of the Independence of the United 

States the thirty fifth and which Instrument I have recorded in my Notarial Register page 180 vol 

1st. at the request of John DavidAt the request of Jn David_ GW: F. Ross, Not, Pub. 

We the Subscribers & Captain Senior [illegible], Sailors of the Privateer La Vengeance, Certify 

That on this Twenty third day of January one Thousand 

[182] Eight hundred and Eleven, being on our voyage for a Cruise, we have been overtaken on 

the night of the 22nd & 23rd by a violent storm and gale of wind from the N. E., which compelled 

us to make for a Harbour along the Coast of Louisiana and having come to an anchor this 

morning off the Isle of Breton, we have observed our brig Conception ashore on the Island of 

Grand Gosier and having sent in the afternoon to examine her we found her Bilged and full of 

water- And whereas we are desirous of justifying ourselves to our Consul of France representing 

our Government in New Orleans to prove our disposition not to commit a breach of the laws of 

the United States in any manner whatsoever, we have extended the present Proces verbal in 

which we have stated nothing but the facts. 

 Done on Board of the said Privateer at anchor off the Island of Breton the day and Year 

aforesaid 

 Signed D. que Diron, H Gaviscan 2nd Capt Lominé, 1st Lieut Durand, T. M. Tridral, 

Signing as Secretary for those who could not write. 

 Consulate of France at the City of New Orleans We the Subscriber French Consul protest 

for the French Government at New Orleans hereby Certify the above to be a faithful Copy of the 

process verbal the original being deposited in our office. In testimony whereof and at the request 

of John David formerly [illegible] cargo of the Spanish Brig Conception we have delivered the 

present Copy signed with our hand and countersigned by the Chancellor of the Consulate and 

Sealed with the Seal of our office in New Orleans this fourteenth day of Feby [sic] one Thousand 

Eight hundred and Eleven 

 The French Consul Protem 

Pore ́ 

By the Consul the Chancellor of the Consulate Laporte 

279
280
281
282
283
284
No. 321 

River Protest 

Lemuel George 

Patron of a 

Flat-boat 

May 20 

[314] By this Instrument of Protest, Be it known that on this Twentieth day of May in the year of 

our Lord One Thousand Eight Hundred and Twenty-Six and Fiftieth of the Independence of the 

United States of America. 

Before me Hugh K Gordon, Notary Public in and for the Parish & City of New Orleans, 

State of Louisiana, duly commissioned and sworn, personally appeared Lemuel George, patron 

of a certain Flat-boat loaded with Cotton on the Tennessee River, bound for this Post, and Wiley 

Lewis, & James French, Hands employed in the navigation of said Boat: The said appearers 

being first at their own requests duly sworn by me the said Notary, to declare the Truth in the 

premises, declared and deposed as follows, to wit: 

 That the said Flat-boat was one of several Boats loaded by Messieurs Parker, Anderson, 

& Company, at Cotton Port and other landings in the Tennessee River, and had on board Three 

Hundred and Fifteen Bales of Cotton or thereabouts. That these deponents under took the 

navigating and conducting of said Flat-boat, proceeding in company with several others, and 

nothing remarkable occurred on board until the fourth day of this current month of May, being 

then in the Ohio river about thirty miles above its junction with the Mississippi when a strong 

gale of wind came on to blow from the westward, and in a direction nearly up the river. They 

approached the right bank (being the nearest to them) to make a landing, but could not get close 

to the Bank for the timber. In the mean time the gale increased, and the waves rose very high, in 

which the boat laboured heavily and was much strained. At length the boat suddenly filled and 

sunk at her moorings in twelve feet water, having, as they believe started a Plank in straining. In 

the night the gale abated and they dragged the boat further in shore and rounded to discharge the 

cargo, having obtained about twenty extra hands from other boats near. When the cargo was 

discharged they found it impossible to raise the said Flat-boat to have her repaired. The said 

Patron then obtained freight and shipped two hundred and seventy-six Bales of said Cargo on 

board of the Steamboat called the Coosa, and Forty-one bales on board on board of a Flat-boat 

belonging to John Yalt. These deponents also made a declaration on both of the substances of 

the foregoing before J. D. Wilcox, esquire, a Justice of the Peace in and for Johnson County, 

state of Illinois, where said accident occurred. And afterwards proceeded to this city, where they 

arrived this day. 

 Whereupon these appearers and particularly the said Patron declared to Protest, as by 

these presents with him I the said Notary do publicly and solemnly Protest against all persons 

whom the same may or doth concern, against the winds and waves and the dangers difficulties 

and obstructions of the River, and inevitable accidents of whatsoever nature and kind, for all 

loss, delay, damage and detriment suffered or to be suffered by for or on account of the said Flatboat or the goods of her loading aforesaid; declaring the same to arise from the accidents above 

recited, and from no fault mismanagement or neglect of him the said Patron or any of the hands 

on board; that on the contrary, their utmost exertions, skill and judgments were used to preserve 

the property entrusted to their care and to accomplish said voyage. 

 Thus done and protested at the city of New Orleans aforesaid in the presence of Felix 

Bravel and William McCawley witnesses, who hereunto subscribe their names with the 

appearers & me the Notary. 

285
[Signatures] W McCawley, F Bravel, Hu. K. Gordon, Lemuel George, Wiley Lewis, James 

French 

[The next two pages of the documents consists of “A list of Cotton reshipped from Lemuel 

George’s flat Boat to the Steam Boat Coosa”. The list has the cotton owners’ marks and a tally 

of the number of cotton bales attributed to each owner- refer to document] 

[Fifth page] I Ezra S. Willcox depose and declare that two hundred and seventy eight bales of 

Cotton of the Marks and Numbers as follows were carried under my inspection from the Steam 

Boat Coosa on or about the twenty seventh day of May last being a part of the cargo of a flat 

boat commanded by Capt Lemuel George which had sunk in the Ohio River and being reshipped 

on board of said Steam boat as deponent heard from the said Capt George and from the Clerk of 

said steam boat – said two hundred and seventy eight bales of Cotton were Marked as follows_ 

[The rest of the document lists the cotton owners marks and the number of bales of cotton that 

refer to above cargo list] 

286
287
288
No. 142 

Port Protest by 

S. B. Rufus Putnam 

W. B. Culver 

March 1 

[127] By this Instrument of Protest, Be it known that on this first day of March in the 

year of our Lord One Thousand Eight Hundred and Twenty Six and Fiftieth of the Independence 

of the United States of America. 

 Before me Hugh K Gordon, Notary Public in and for the Parish & City of New Orleans, 

State of Louisiana, duly commissioned and sworn. 

 Personally appeared William B. Culver, late master of the Steam Boat called the Rufus 

Putnam of Marietta. 

 The same appearer, being first at his own request duly sworn by me the said Notary, to 

declare the Truth in the premises, deposed and saith as follows, to wit: 

 That he the said William B. Culver, as Master aforesaid, and James Snell, the Pilot, and J. 

W. Criswell, the Chief Engineer, and a sufficient crew, together with David G. Bates, the owner, 

and other passengers, all sailed in and with the said Steam-boat, from this Port of New Orleans, 

on the seventeenth day of December last past, she being loaded with cargo of Sugar, Coffee, 

Dry-goods and other sundry merchandise, bound for a voyage up the river to Saint Louis in the 

state of Missouri. That nothing remarkable occurred on board until the night of the twentyseventh of December last, being then near Point Chicot in the Territory of Arkansas, where, 

about three o’clock a. m. there being a low stage of water, the said Steam-boat ran on a sand-bar. 

They immediately proceeded to back the boat off the Bar, which succeeded; and while the boat 

had stern-way so as to clear the Bar, she struck on a snag about Twenty inches under water, 

which stove in some of her planks near the stern-post. The most prompt exertions of all hands 

were made to discover and stop the leak; but they found the water rising to fast in the Boat that 

orders were given to use all strength to run her ashore, and accordingly they succeeded in 

running her on sandbar. The said Master now employed lighters and extra hands, and they 

proceeded immediately to discharge and land the cargo. It was afterwards found that the Bar in 

which the said steamboat had been run was quicksand, and that she was sinking in it. All hopes 

of saving the said steam-boat was now lost, and their utmost exertions were used to get as much 

out of her as possible; but a considerable part of the cargo, as the sugar, [illegible] was lost, and 

most of the remainder was damaged. The damaged part of the said cargo was dried and 

repacked, and afterwards shipped for Saint Louis on board the Steam-Boat Patriot: 

 That the said Master and the persons above named did detail a Protest, before Andrew 

Latting, esquire, a Justice of the Peace 

[128] in and for the County of Chicot of the said Territory, on the twenty-ninth day of December 

last; and a copy thereof was sent with the goods of the cargo to St. Louis. 

 The said appearer further declared that none of the persons on board of said steamboat at 

the time of her loss, except himself, are now in this city; nor has he a copy of the declaration & 

Protest made in the premises as aforesaid; but that he makes this declaration and Protest as 

supplementary thereto. 

 Whereupon the said Master declared to Protest, as by these presents with him I the said 

Notary do publicly and solemnly Protest against all persons whom the same may or doth 

289
concern; against the difficulties and obstructions of the River, and inevitable accidents of 

whatsoever nature and kind, particularly against the accidents hereinbefore recited, for all loss 

damage and detriment suffered and to be suffered by for or on account of the said Steam-boat 

Rufus Putnam or the goods of her loading aforesaid, declaring the same to arise from the causes 

hereinbefore specified, and not from any fault mismanagement or neglect of him the said Master 

or any of his officers or Crew; that on the contrary, their best exertions and skill were used to 

preserve the property under their charge, and to accomplish said intended voyage. 

 In testimony whereof the said appearer has hereunto subscribed his name in presence of 

Felix Brunel and William Dawson, witnesses, who hereunto also subscribe their names as such, 

and I the said Notary grant these presents at New Orleans aforesaid under my signature. 

[Signatures] F Brunel, Wm Dawson, N. B. Culver, H. K. Gordon, Not. Pub. 

290
291
292
293
No. 547 

River Protest by 

Gilman Moore, 

Of flat bts 

Cavalier & Lexington

From Shippingport 

Sept. 14. 

[539] By this Instrument of Protest, Be it known that on this Fourteenth day of September 

in the year of our Lord One Thousand Eight Hundred and Twenty Six and Fifty first of the 

Independence of the United States of America. 

 Before me Hugh K Gordon, Notary Public in and for the Parish & City of New Orleans, 

State of Louisiana, duly commissioned and sworn, and in my Notarial office in said city, 

Personally came and appeared Gilman Moore, Master of the Flat-boat called the Cavalier, now 

lying in this Port, who produced to me the Notary a certain original document which at his 

request I have herein transcribed, being in the words and figures as follows, to wit: 

 “Port Warden’s Certificate.” “No. 207.” 

 “Commonwealth of Kentucky.” “Jefferson County, SS.” 

 

 “Be it known that on the 28th day of July 1826, at the request of Jos. Barbaroux & S. Bell, 

“J. Simeon, L. Goodwin, Port Warden of said County, duly appointed commissioner and sworn, 

“repaired on board the two flat-boats called the Cavalier and the Lexington, Gilman Moore 

“Master, then at Shippingport in the Ohio River, within the precincts of said County, and 

“examined the condition of said Boats and also the condition of the cargoes or loading on board 

“the same, and the stowage thereof, and do hereby certify that the said flat-boat Cavalier is 77 1⁄2 

“feet long and 17 1⁄2 feet wide, and draws thirty-one inches of water, with a cargo of 650 barrels 

“of Flour, the Lexington is 65 1⁄2 feet long and 16 feet wide draws thirty-two inches of water, 

“with a cargo of 500 lbs of flour. They are both first rate flat-boats, oak bottoms, tight, staunch 

“& strong, two pumps in each and well furnished with every requisite for a voyage to New 

“Orleans to which port they are destined. Gilman Moore, the Master is an experienced Pilot and 

“a trustworthy man, assisted [blank space] Ross, an experienced steersman and eight men. Their 

“cargoes are stowed in a superior manner and in excellent order, and they are as safe as any “flatboats whatever. 

“Given under my hand and Seal of office the day fast written.” 

 (signed) “Simeon S. Goodwin.” “P. W.” “J. G.” 

The said Gilman Moore, accompanied by John Martin and William Elder, two of the men 

employed in the navigation of the two above mentioned Flat-boats Cavalier and Lexington, being 

all duly sworn by me the said Notary to declare the truth in the premises, severally deposed and 

declare as follows, to wit: 

 That they these deponents, together with John Ross the steersman and none other Hands 

departed from Shippingport on the twenty-ninth day of July last past in and with the said Flatboats Cavalier & Lexington, and their cargoes of Flour aforesaid, bound for a voyage to this 

Port, 

[Second page] That nothing remarkable occurred on board until on or about the fourteenth day of 

August last, being then in the Ohio about two miles below the mouth of the Cumberland River, 

made fast to the bank for the night, the boats lashed together, where, about six o’clock, p. m. the 

Boat Lexington suddenly sprung a leak, from some unknown cause, and the first they perceived 

of it was the settling & sinking of the boat. They immediately set both pumps agoing and made 

every other possible exertion to free the boat, but finding her still sinking, they proceeded to land 

294
her cargo, which they accomplished in about three hours; the lower tier of barrels having been 

entirely under water. They were not able to find the immediate cause of the leak, but believe the 

same to have arisen from the working out of a knot or the starting of some of the planks. About 

an hour previous to the accident they had pumped both boats dry, to lighten them over a small 

bar. After the cargo was landed they endeavoured to bale out the boat, but could not succeed. 

They packed the cargo together and covered it as well as possible with the roofing plank of the 

boat, to preserve it form the weather which was now very wet and rainy. They made a 

declaration on oath and Noted a Protest relative to the foregoing matters before Thomas Willis, a 

Notary Public at the village of Smithland, and forwarded the same by a special messenger to the 

owners at Louisville. The said Gilman Moore then left the Lexington and her cargo, in the 

aforesaid condition, in the charge of the said John Ross and four Hands, with instruction to do 

for the best; and on the sixteenth day of August last, these deponents and two other hands 

proceeded on the voyage with the said Boat Cavalier for this Port, where they arrived without 

further accident this morning, the fourteenth current. 

 Whereupon these appearers, and particularly the Master declared to protest, as by these 

presents with them I the said Notary do publicly and solemnly protest against all persons whom 

the same may or doth concern, against the difficulties and obstructions of the river, and 

inevitable accidents of whatsoever nature and kind, particularly against the accidents above 

recited, for all loss delay damage & detriment suffered or to be suffered by for or on account of 

the said flat-boat Lexington or the goods of her loading on the voyage aforesaid; declaring the 

same to arise from the causes herein before recited, and not from any fault mismanagement or 

neglect of him the said Master or any of the officers or assistants on board of the said Boats; 

that on the contrary, their utmost skill and exertions were used to preserve the property 

committed to their charge, and to accomplish said voyage. 

 [540] In testimony whereof the said deponents hereunto subscribe their names, in 

presence of Felix Brunel and William McCawley witnesses who having also hereunto subscribed 

their names as such, I the said Notary grant these presents under my signature. 

[Signatures] F Brunel, W McCawley, Gilman Moore, William Elder, John Martin, 

 Hu. K. Gordon, Not Pub. 

295
296
297
No 204 

River Protest 

Welcome Martin 

Mst of flat-boat 

April 5 

By this Instrument of Protest, Be it known that on this fifth day of April in the year of our Lord 

One Thousand Eight Hundred and Twenty Seven, 

Before me Hugh K Gordon, Notary Public in and for the Parish & City of New Orleans, State of 

Louisiana, duly commissioned and sworn, 

Personally appeared came Welcome Martin, resident of Monroe County in the state of Kentucky, 

who being at his own request duly sworn by me the said Notary, to declare the truth, declared on 

oath as follows, to wit: 

 That he this deponent arrived during the last month at this Port with two flat-boats loaded 

with corn, his Property, which he moored at the Point at the upper limits of this Port. The flatboat hereinafter mentioned was moored and fastened to the levee and to another flat-boat lying 

aground inside, and her cargo had been sold to W. Maker under contract to be delivered at a 

Plantation on the river bank below this city. 

 That on Saturday last, the thirty-first day of March [illegible], the deponent having hired 

assistance and preparing to conduct said boat and cargo down the river, the steam-boat Huntress 

of Louisville, in proceeding up the river under rapid way, and close in with the flat-boats moored 

at said Point, ran foul of the said flat-boat and cargo of corn, and struck her with great force the 

larboard quarter or side, which was stove in, and the boat so violently strained and injured that 

she almost immediately filled with water. 

 This deponent and his hands, and several of the by-standers used every exertion to save 

some of the corn, but only a few barrels were got out dry before the water had covered the cargo. 

 Also personally came George Young, who being in like manner duly sworn to declare the 

truth, deposed That he was employed by the said Welcome Martin to assist in conducting the 

above mentioned flat-boat & corn down to the Plantation. Deponent was present and saw the 

steam-boat Huntress run foul of the said flat-boat, which was so much injured thereby that she 

filled with water before any effectual measures could be taken to save the corn. Deponent 

assisted to throw a few barrels of the corn on the roof of said boat. 

 Also personally came Robert Clark, who being in like manner duly sworn deposed That 

he was employed in a flat-boat lying near the above mentioned flat-boat with the cargo of corn. 

That he was present and saw the steamboat Huntress run foul of the said flat-boat & cargo, and 

gave his assistance in endeavouring to save the corn; but the boat was so much injured that no 

exertions could have prevented her filling with water. 

 Whereupon the said Welcome Martin declared to Protest, as by these presents with him I 

the said Notary do publicly and solemnly protest, against all persons whom the same may or doth 

concern particularly against the owners master and officers of the said steam-boat Huntress, for 

all loss damage and detriment suffered and to be suffered by for or on account of the said flatboat and cargo of corn, declaring the same to arise from being run on board and foul of by the 

said steam-boat, and not from any fault mismanagement or neglect of him the said Welcome 

Martin or of any other persons by him employed in the care of said flat-boat. 

298
 In testimony whereof the said deponents hereunto subscribe their names, in presence of 

and together with William H. Brown and Jacob Lively, residents of the upper Suburbs of this 

city, and I the said Notary grant these presents under my signature. 

[Signatures] Welcome Martin, George Young, Robert Clark, W. H. Brown, J. Lively, 

Hu K Gordon, Not Pub. 

299
300
301
No. 319 

River Protest recorded 

James McBride 

Master of a Flat Boat 

May19 

[255] Be it known That on this nineteenth day of May in the year of our Lord One Thousand 

Eight Hundred and Twenty Seven and Fifty-first of the Independence of the United States of 

America. 

 Before me Hugh K Gordon, Notary Public in and for the Parish & City of New Orleans, 

State of Louisiana, duly commissioned and sworn, 

 Personally appeared James McBride & also Dick & Booker Company of this City, 

merchants, presented by Nathaniel Dick a patron of said firm, who presented to me the said 

Notary, a Certain Instrument in writing of registry to be a justice [illegible] me, Notary on the 

Eleventh day of the current month before Henry Tooley, a Notary public at last place, while said 

Instrument in writing the said appearers required me the said Notary to Copy on this my Current 

Register of Notarial notes there to remain and serve as of record, whereupon I the said Notary 

did transcribe the said Instrument in writing it being in the words and figures as follows as I so 

hereby Certify, to wit: 

 The State of Mississippi 

 Adams County 

 By this public Instrument of Protest be it known that on this day personally appeared 

before me Henry Tooley a Notary public in and for said County, residing in the City of Natchez, 

James McBride, and Alexander George who being duly sworn upon the Holy Bible the truth to 

say depose as follows: 

 James McBride that he was the Commander of a flatboat belonging to Henry Turney & 

James Nather, residing in Murray County state of Tennessee _ That at the Mouth of Duck river 

this deponent went on board and took command of said boat laden with Cotton bales, and some 

sundry Stores, destined for New Orleans _ There or about the 12th day of April, said boat took 

her separation from said place on her voyage to New Orleans aforesaid. _That said boat had on 

board to work her down the river, himself, Alexander George, John B. Turner and David Martin 

& Darius Jones. _ That they run on with [illegible] delays and stoppages from high winds until 

the 24th of April they arrived at that part of the Mississippi river called “the Devils Elbow,” when 

said Boat was discovered to have sprung a leak, and which they endeavored to keep under, _ 

That when said leak was Discovered, they endeavored by shifting the load to Discover the leak, 

as it was out of their power to unload said boat, as the Banks of the river were entirely flooded _ 

That their labour to Discover the leak was in vain. _ That upon consideration it was considered 

proper to run on to some part of the Bank where they could get dry ground to land the Cargo, and 

thereby come at the leak. _ Then accordingly they departed from thence, and at the first place of 

dry land, they could not get in to shore, because of a heavy current, and before they arrived at 

another dry place, it was dark. _ Then they ran on hoping to keep the boat a float until they 

should be able to land at a dry place, when, a short time before day on the evening of the 27th the 

said boat sank, so as to be abandoned _ That it was expected the boat tho’ [sic] so sunken, would 

float on, and in the ensuing day light, if possible they had intended to take charge of her; and 

save what they 

[256] could _ Then accordingly, in the evening at about Ten o’clock, they went on board of her 

floating down, and not being now there half sunk, but unmanageable, deponent put two men on 

302
board of her, to take charge and save her, if possible, from entire loss. _ That after making this 

arrangement, deponent left said boat floating on, _ and since which, deponent has not seen her, 

but has understood that said boat had drifted in at “Council bend” of the Mississippi, where it 

was probable the cargo or part thereof would be saved; and since which, he has not heard from 

her. _ Deponent further says that every possible exertion was made to save said Boat, and that no 

loss or damage occurred from any neglect or mismanagement of any hand on board; but that her 

loss or partial loss was from said leak, and no other cause whatever. “James McBride.” 

 Alexander George being duly sworn deposes that he was aboard said boat, and that the 

facts and circumstances in the deposition of James McBride are true and current. 

 Alexander “X” George 

And wherefore the said James McBride commander of the Flatboat aforesaid, does hereby 

solemnly protest against all and every person or persons whom it does or may concern, and 

declared that all damages and losses that have happened to said flatboat or the cargo therein are 

and ought to be bound by the owner and freighters interested therein, and all other persons whom 

it does or may concern; the same having occurred as below mentioned and not by neglect of 

himself or any hand on board. 

 All of which matters and things were [illegible] as set forth in the presence of said 

Notary. 

 In witness whereof I have hereto set my hand and the seal of my office as Notary this 11th

day of May 1827, H. Tooley N.P. 

 Thus done and Recorded at the City of New Orleans the day and year aforementioned in 

the presence of Felix Brunel & Edmond Hughes witnesses who hereunto subscribe their names 

with the appearer. 

[Signatures] F Brunel, Edm. Hughes, Dicks, Booker, Hu. K. Gordon 

303
304
305
No. 320 

Notary Protest 

Sb. Rising Sun 

James Yates, 

May 19th

Be it known that on this Nineteenth day of May in the year of our Lord One Thousand 

Eight Hundred and Twenty Seven and fifty-first of the Independence of the United States of 

America. 

 Before me Hugh K Gordon, Notary Public in and for the Parish & City of New Orleans, 

State of Louisiana, duly commissioned and sworn. 

 Personally appeared James Yeaton, late Chief mate and Samuel Luce a mariner on board 

of the Schooner Rising Sun of New Orleans of the burthen of Ninety-four Tons or thereabouts: 

The said appearer declared that they sailed from New Orleans on or about the 25th day of January 

last in and with the said Schooner & a Cargo of sundry merchandise under the Command of 

Captain John Collins, bound for a voyage to Rio Brassos, Province of Texas, That they arrived 

early in February last. At the Bar of the River Brassos without any thing remarkable occurring 

on Board; That on arrival by sounded the Bar and found the water very low, The Captain went 

ashore for a Pilot and obtained and who came on board. The Pilot & Captain sounded the Bar 

and thence made an attempt with the Schooner to get in but she struck ground and it was with 

considerable difficulties and exertion by heading her over that she was got off and again 

anchored out side. Next day this deponent (the mate) took the Boat and sounded all over the Bar, 

and found no more than from five to six feet of water and the water side falling, the Schooner 

drawing over seven feet after having been [illegible] & set nearly on even Keel. They lay ahead, 

making every possible endeavour to get over the Bar, for several days during which their boat 

had been upset and filled with the breakers. At length considering the danger of the place in case 

of gale of wind from the Eastward (no wind with raise the water on the Bar) and the Captain 

failing after every exertion to obtain lighters to lighten the Schooner sufficiently to enter, there 

being no larger vessel [illegible] [illegible] and their own boat being insufficient on around of the 

surf on the Bar, there a consultation was held by the Captain, officers, Passengers & Crew, and 

consignees of some of the cargo, when it was agreed upon as necessary for the safety of the 

vessel and said cargo to proceed to Galveston, as the only means of getting the cargo near to its 

destination: And they proceeded accordingly with same Pilots they had already engaged and 

arrived in a few days after, they got over Galveston Bar, and proceeding up the Bay, arrived at 

Rio-fish Bar where being unable to proceed further, they brought the vessel to anchor, and, by 

agreement with the consignees and Passengers, they landed the Cargo, they obtained two 

lighters, with which and the Schooners Boat they transported said Cargo up to Harrisburg, where 

the consignees received the same & paid such part of the freight as was due, without [illegible] 

or difficulty. _ On the Seventeenth March last they left Red-fish Bar proceeded down the Bay, 

having hired the Pilot on Board, about Three o’clock p.m. they arrived and came to anchor 

abreast of Point Bolivar: and 

[Second page] the Captain went ashore to look for Ballasts, in the evening it came on to blow 

severely from the [illegible] westward, and the boat could not get off, after pulling until eight 

o’clock p. m., about eight o’clock it blew dreadful gale, and the Schooner went adrift with both 

anchors down and drove on Pelican Bar, and before midnight bilged and filled with water. In the 

morning the gale, having abated, then the boat arrived and with the assistance of the Pilots Boat 

they saved and landed the sails and rigging and as much of the wreck as they could, which they 

took to Harrisburg. The Captain proceeded with the log book & papers to St. Philippe, and 

before the [illegible] of the District in which the vessel was lost and the Consul he entered and 

extended a Protest: Then appearers proceeded from Harrisburg to Clark’s landing from where 

they took passage indifferent vessels for this place where they arrived on Tuesday last. 

306
 These appearers further depose on oath declare That it was impossible at the time to carry 

the said Schooner and Cargo to her destination at Clark’s Landing on the River Brassos for want 

of sufficient depth of water on the Bar and for want of means to lighten her: That the proceeding 

to Galveston Bay was the only means left them to accomplish for the boats the objects of the 

voyage: and that it was agreed upon as necessary & [illegible] for the general good by all on 

board including the Pilot. 

 And the said appearers in the absent of the said Master and for themselves and other 

concerned declared to Note and enter a Protest in the premises, requiring me the Notary to make 

record thereof to serve as need may be. 

 Thus done and passed at the City of New Orleans the day & year aforesaid in the 

presence of Felix Brunel & Edmond Hughes witnesses who hereunto subscribe their names with 

said appearers and me the Notary. 

[Signatures] F Brunel, Edm. Hughes, James Yeaton, Samuel Luce, Hu. K. Gordon, Not pub 

307
308
309
310
311
No. 668 

Protest 

Steam boat Columbia

Captn. Rogers 

Dec. 26th

By this Instrument of Protest, Be it known that on this twenty sixth day of December in 

the year of our Lord One Thousand Eight Hundred and Twenty seven & Fifty second of the 

Independence of the United States of America; - Before me Hugh K Gordon, Notary Public in 

and for the Parish & City of New Orleans, State of Louisiana, duly commissioned and sworn; 

 Personally came appeared Samuel Rogers master commanding the late Steam boat 

“Columbia of [illegible]”, lately employed in transporting the United States Mail between this 

place and Mobile; - And with him also came and appeared William G H Langwell the first 

Engineer, Jonathan Smart, the second Engineer, Michael Eldrige, the chief mate, Robert Sharp, 

the second mate, John Kennedy the clerk, and Allen Smith a mariner on board of said Boat, 

Francisco Ramonet another mariner. 

 The same appearer at their own request being duly sworn on the Holy Evangelists of 

Almighty God to declare the truth deposed and declared as follows, to wit: 

 That they then deponents on the Nineteenth current, proceeded from Mobile in & with 

the said Steamboat with the Mail on board bound for the Bayou St. John near this city, and 

arrived in said Bayou at about half past eleven o’clock of the night of the twentieth current, the 

Boat was moored at her usual place opposite the old Fort, the boilers were immediately blown 

out, the fires extinguished, and the fire pans filled with water. 

 The first Engineer declared that, as it was his custom on arriving in Port, he 

superintended the work, and with a lamp examined all around the Boilers and Engine-room, 

closed the furnace doors & shut the Engine Room taking all the usual measures of precaution & 

security. While the second Engineer as he declared, was occupied in packing the cylinder and 

otherwise preparing the Engine to part for Mobile the next day: And that they the Engineers did 

not retire to rest until after one o’clock. There were several Deck Passengers asleep on different 

parts of the Deck. 

 The said Master declared that the five cabin passengers had retired to rest, at quarter or 

about half past one o’clock he lay down with his clothes on, wrapt in his clock, on a Sofa in the 

cabin, leaving a candle burning on the Table, intending at day light to proceed with the Mail to 

this City – About half past three o’clock A. M. they were alarmed by the cry of fire and it was 

found that the boat was on fire in the Engine and Boiler Room – Great conference now prevailed 

- The Boat was moved with her head up stream, and a fresh breeze was then blowing from the 

[Second page] Southward – There was a quantity of pine wood stowed in the hold which had 

caught fire and immense blaze and smoke was burning up and spreading to [illegible] over the 

after part of the Boat so that them in the cabin got out with great difficulty _ the People 

commenced throwing water on the fire, but that proved quite ineffectual as the fire had taken on 

great force and the Engineer and Boiler house was immediately enveloped in flames; 

 The Clerk declared that on hearing the cry of fire he carried with him from the cabin a 

drawer of the Sideboard containing about four hundred Dollars of money, with the Receipt Book, 

memorandum of accounts and so forth, leaving his own trunk & baggage which he has entirely 

lost, the Deck Passengers lost most of their baggage, as did those in the cabin, and all the officers 

of the Boat; - the Mail was deposited in a small room for that purpose situated in the Larboard 

after corner of the Engine home which being from the first discovery of the fire enveloped in 

312
Flames & smoke could not be approached, and the Mail was entirely consumed _ The quarter 

boats and the cables, and some articles on the bows to windward were saved _ Mr. Baldwin the 

officers of the Customs and other inhabitants of the cottage to prevent the fire from 

communicating to the House & Pickets required the boat to be towed outside, and when it was 

found impossible to save anything considerable, the request was permitted, and She was hauled 

outside of the Pickets and put aground to the westward where She burned to the water edges on 

the twenty first current – the Said Master arrived in this city and noted a Protest in the premises 

before me the Said Notary. 

In testimony whereof the said appearers hereunto subscribe their names in presence of 

Felix Pederdaux & Edmond Somat-Duphonse, witnesses residing in this city, and I the said 

Notary grant the presents under my signature at New Orleans the day and year above written. 

“Robert Sharp the second mate” [illegible] approved & whereupon the said appearers and 

particularly the said Master declared to Protest, as by then presents with him, I the said Notary 

do publicly and solemnly Protest against all persons whom the same may or doth concern and 

against inevitable accidents of whatsoever nature and kind, but particularly against the accident 

hereinbefore recited, for all loss damage and detriment whatsoever 

[Third page] suffered and to be suffered by for or on account of the burning of said Steamboat 

and Mail, declaring that no fault, mismanagement or neglect can or ought to be attributed to him 

the said Master or any of the officers or crew of the said Boat, that on the contrary, their utmost 

care & vigilance were used to preserve the property committed to their charge. 

[Signatures] Samuel Rogers, M. Eldrige, William H Langwell, Jonathan Smart, John Kennedy, 

Allen Smith, Robert Sharp, Francisco Ramonet’s usual mark “X”, F. Pederdaux, Hu. K Gordon, 

Not. Pub. 

[An additional deposition by Thomas Brown, a passenger on the Steamboat Columbia appears on 

the third page of document] 

 I Thomas Brown of Kingston Tennessee, do depose & declare on oath That I was a 

Passenger on board of the Steam boat Columbia on her last voyage from Mobile to New Orleans, 

and asleep in the Cabin when the alarm of Fire was given on board on the Night of the 20th

current. About twenty-five minutes or half past one o’clock that night I was on deck and ashore 

to look after my Horses which had been previously landed from this Boat. That feeling cold I 

went into the Engine room of the Boat to get warm, at which time there was an appearance of 

Fire or light of any kind about that part of the Boat. That in a few minutes after I returned to the 

Cabin and went to bed Witness my hand this twenty-ninth day of December 1827 [signature] 

Thos Brown 

State of Louisiana 

Parish & City of New Orleans 

Be it known that on this Twenty-ninth day of December in the year of our Lord One 

Thousand Eight Hundred and Twenty-seven, Before me Hugh K Gordon, Notary Public in and 

for the Parish & City of New Orleans, State of Louisiana, duly commissioned and sworn, 

Personally came appeared the above named Thomas Brown, who at his own request having been 

duly sworn deposed to the truth of the foregoing declaration which he subscribed in my presence. 

In testimony whereof I grant these presents at this city of New Orleans the day & year aforesaid 

under my signature & seal of office. [Signature] Hu. K Gordon, Notary Public 

313
314
315
No 605 

In Protest 

Brig Henry Tate 

Captn. Boyle 

Belfast 

June 24th

By this Instrument of Protest, Be it known that on this twenty-fourth day of June in the 

year of our Lord One Thousand Eight Hundred and Twenty eight, Before me Hugh K Gordon, 

Notary Public in and for the Parish & City of New Orleans, State of Louisiana, duly 

commissioned and sworn, Personally appeared Thomas Boyle, lately Master commanding the 

British Brig or vessel called the “Henry Tate”, of Belfast, burthen about Two Hundred and Fifty 

eight Tons, now lying sunk in the river Mississippi, below this city: The said Master, having 

reference to his noting of Protest before me and recorded in my office under date of the 

eighteenth current, declared his wish & intention to extend same Protest; and for that purpose 

with him also came & appeared William Campbell, the chief Mate, Thomas Morris, the 

Carpenter, all late of said Brig Henry Tate, who having been first severally duly sworn on the 

Holy Evangelists of Almighty God to declare the truth in the premises, depose on oath and 

declare as follows, to wit: 

 That they these deponents, on the seventh day of February last past, sailed in & with the 

said Brig Henry Tate & cargo of sundry merchandises, from the Port of Belfast in Ireland bound 

for a voyage to this Port of New Orleans, She being tight & staunch well manned and provided 

for the voyage. That on the twenty first day of same month, at sea, the said Brig was dismasted 

in a severe gale, and they put into the Port of Lisbon in Portugal, where all the damage sustained 

in said gale was repaired. That on the Eighth day of April last, at Lisbon aforesaid these 

appearers made a Protest in the Premises before the British Consul at that place, which Protest is 

now produced & exhibited, and to which these presents are for and are supplementary. 

 That they set sail and proceeded from Lisbon on the fifteenth day of April last in & with 

said vessel & cargo on said destined voyage, She being tight & staunch as aforesaid. Nothing 

remarkable occurred until the fourth day of June current, when they arrived off the Belize and 

got a Pilot on Board. They were several days attempting to get the vessel over the Bar, and at 

five o’clock a.m. of Friday the Thirteenth, they succeeded, and entered the river Mississippi. At 

noon they arrived at the [illegible]-house, where the Pilot left the vessel, and a River Pilot was 

engaged & came on board. They proceeded up the river under the direction of the Pilot with a 

find breeze at Eastward & all sails set. At eight o’clock p.m. same evening, being there about 

twelve miles above the head of the South-west Pass, close to the Bank to gain the eddy, and 

going about seven knots, the vessel struck with great force on a snag or fast-log on the right 

bank, which drove in the Bow-port, entered the hold about six or eight feet and broke off. The 

vessel sheered off into the stream, and they made every exertion to stop the leak with bedding, 

blankets, and so forth. They brought the vessel again to the Bank, intending to run her aground, 

but which they could not affect owing to the great depth of water alongside, they carried the 

anchor ashore, however, and hove the cable tight to keep the vessel up. They found that a very 

large breach had been made in the larboard bow, and they were unable to extract the broken log. 

The water, notwithstanding their utmost exertions, rushed into the vessel in great body, and she 

was filling fast. When they found it impossible to prevent her filling, the Hatches were opened 

and they commenced hoisting up packages of the cargo on deck. They could not land any of the 

cargo, as there was no embankment and the ground was wet and swampy; they therefore kept the 

goods brought up from the Hold, on deck, in the expectation of a Steamboat or other craft 

passing which might take them on board. They continued their utmost exertions until the goods 

in 

316
[Second page] the hold were covered with water. About four o’clock a. m. the vessel went 

suddenly down and sunk to the Tops, and they had scarcely time to escape from her into the 

boats. The goods on deck went down with the vessel or were swept off by the current, except a 

few packages, which they got into the boats and some sails & rigging, which they picked up 

afloat. 

 Whereupon the said Master declared to Protest, as by these presents with him I the said 

Notary do publicly and solemnly Protest against all persons whom the same may or doth 

concern, against the difficulties and obstructions of the river, and inevitable accidents of 

whatsoever nature and kind, particularly against the accident herein before recited, for all loss 

damage and detriment suffered and to be suffered by for or on account of the said Brig Henry 

Tate and the goods of her loading, declaring the same to arise from the said accident and not 

from any insufficiency of the said Brig or any fault mismanagement or neglect of him the said 

Master or any of his officers or Crew of said vessel; that on the contrary, their utmost 

endeavours were used to preserve the property committed to their care, and to accomplish the 

said voyage. 

 Thus done and protested at the city of New Orleans aforesaid in the presence of Felix 

Pederdaux and William George Rhode, witnesses, both of the city who hereunto subscribe their 

names as such with the above named deponents and me the said Notary, who grant these presents 

in duplicate with my current Register of Notarial acts according to the law & usage of this state. 

Thomas Morris being sick with ague & unable to write, makes a mark. 

[Signatures] Thomas Boyle, Campbell, Mark of Thomas Morris “X”, F. Pederdaux, Henry 

George Rhode, Hu. K. Gordon, Not. pub 

317
318
319
No. 884 

River Protest 

Henry Martin 

Master of a 

Flat-boat 

Maysville 

Nov. 11 

[734] By this Instrument of Protest, Be it known that on this eleventh day of November in the 

year of our Lord One Thousand Eight Hundred and Twenty-nine, and Fifty fourth of the 

Independence of the United States of America, Before me Hugh K. Gordon, Notary Public in and 

for the Parish & City of New Orleans, State of Louisiana, duly commissioned and sworn, 

Personally appeared Henry Martin, late master and owner of a certain Flat-boat loaded at 

Maysville in the state of Kentucky and bound for a voyage to this Port, and with him came John 

Williams, a Hand employed as the navigation of said Flat-boat. The said appearers, being first at 

his own request duly sworn to declare the truth, depose on with and say, 

 That in the month of October last the said Flat-boat being tight & staunch was loaded at 

Maysville aforesaid with about Five Hundred & Forty barrels of Flour, Thirty-three Barrels of 

Whiskey, Forty-seven Boxes Cigars, a Box of Cotton gins, a quantity of Bale-rope, Bagging, 

[illegible], Flex & Tow Linen, Bees wax, and a quantity of Freight for Lake Concordia. That 

they these deponents with others not now present proceeded from Maysville, in & with said Boat 

and cargo, on the tenth day of October last, bound for this Port. The said Boat being well manned 

and provided, nothing remarkable occurred on board until the Twenty-third of October last, 

being then in the River Mississippi, at Plum Point. That about dusk or six o’clock 

[735] p. m. of said day, the boat being then in a very rapid current, they were about to approach a 

landing place for the night a mile or two ahead, when they observed a snag in their course nearly 

under water and standing up stream. They threw round the stern of the boat, endeavouring to 

avoid the snag, but the current carried her with great force against it, and it struck and entered her 

side above the gunwale. The snag held the boat fast and her upper side was drawn down by the 

great force of the current, until at length she filled, and the roof bursting off, the cargo floated 

out. The Hands had only time to escape in the skiff. They hastened to the nearest Dwellings, 

and engaged all the assistance they could find, to save part of the cargo. The next day the boat 

floated down, bottom upwards. Then was saved about three Hundred and thirty barrels of Flour, 

about Twenty-six Barrels of Whiskey, the Box of gins, a Box of [illegible], a Barrel of Vinegar, 

a Barrel of Bees wax, a lode of Feathers and two carts. They obtained freight for the articles 

[illegible], on board of the steamboat Caledonia for this Port. On the twenty- third of October 

last aforesaid the said Master noted a Protest in the premises before George Robinson, a Justice 

of the Peace for Tipton County, State of Tennessee, which is now produced & referred to. 

 Whereupon these appearers, particularly the said Master, declared to Protest, as by these 

presents with him I the said Notary do publicly and solemnly Protest against all persons whom 

the same may or doth concern, against the difficulties and obstructions of the river, and 

inevitable accidents of whatsoever nature and kind, particularly against the accident above 

recited, for all loss damage and detriment suffered and to be suffered by for or on account of the 

said Flat-boat or the goods of her loading; declaring the same to arise from the said accident, and 

not from any fault mismanagement or neglect of him the said Master or any of the hands 

employed in said boat; that on the contrary, their best skills & endeavours were used to preserve 

the property committed to their care, and to accomplish said voyage. 

 Thus done and protested at New Orleans aforesaid in the presence of Robert L. De Coin 

and Joseph Genois, witnesses, who hereunto subscribe their names with the said appearers and 

me the Notary, who grant these pursuits in duplicate with my current register of Notarial acts. 

320
[Signatures] R. L. De Coin, J. Genois, Henry Martin, John Williamson 

321
322
323
No. 899 

Protest of 

Magnolia 

Nov. 14th

[746] By this Instrument of Protest, Be it known that on this Fourteenth day of November in the 

year of our Lord One Thousand Eight Hundred and Twenty nine and Fifty-fourth of the 

Independence of the United States of America, Before me Hugh K Gordon, Notary Public in and 

for the Parish & City of New Orleans, State of Louisiana, duly commissioned and sworn, 

Personally came and appeared William Bagley, part owner of the Schooner or vessel called the 

Magnolia of New Orleans, often burthen of Thirty-three Tons or thereabouts, and with the said 

part owner also came Andrew Cunningham, of Pensacola, in the Territory of Florida, a 

Passenger on board of said Schooner on her late voyage from Magnolia, and St. Marks in said 

Territory, destined for Pensacola and this place. 

 The said Andrew Cunningham, being first by me the Notary duly sworn to declare the 

truth, deposeth on oath and saith, That in the latter part of October last, at Magnolia aforesaid, he 

engaged a Passage on board of said Schooner from thence to Pensacola, under the command of 

Captain Nicholas Ray; and that on Saturday evening the thirty-first of October last, they 

proceeded from Magnolia in and with the said Schooner, having some cargo of Cotton & Corn 

and Thirteen persons on board, including the Passengers & crew, two extra hands and the wife 

and children of the said Captain Ray; the said Schooner being in the opinion of the deponent 

tight & staunch, well manned & provided. On Sunday the first of this current month they 

departed from Saint Marks, and nothing remarkable occurred on board until the evening of 

Thursday the fifth current, being then off Santa Rosa Island. The weather then became squally, 

and the sails were close- [illegible]. At midnight they were nearly opposite the lighthouse, with 

the wind about North, and the vessel close hauled, but standing her course. Between twelve and 

one o’clock, a sudden and tremendous squall struck the Schooner and she immediately capsized. 

Deponent and most of the others on board were then on deck. Deponent being at the leeward 

side near the main chains was carried under water, and in coming up he was caught by the 

weather main rigging. The Schooner soon turned keel up, and deponent with great difficulty got 

hold of the keel and was enabled to keep hold, although the sea washed constantly over him. 

During the night he heard the cries of people below, and before daylight he saw one man washed 

away from the keel near the bows. He never saw any of the others alive. Deponent remained in 

this perilous situation until Saturday the Seventh current, when he succeeded in getting to the 

boat which was also capsized but still remained fast to the stern of the Schooner: He got the boat 

righted, and found her rudder, and also the oars made fast in her, and having the Light-house still 

insight, though distant, he proceeded for it with all his strength, and made the Island the same 

day. Upon reporting the foregoing, the Revenue Cutter, and W. Strong with the Sloop Huntsman

went off in search of the Schooner, which they found, but were unable to right her. On the 

Monday following deponent also went off to the Schooner, being then about twenty miles 

distant, and he found her as he had left her, keel up. A hole had been cut in her, and three bodies 

taken out of the Cabin, which were afterwards interred at the Island. Deponent being unable to 

recover any of his property from on board, left the Schooner; and it is his opinion, confirmed by 

those on board of the said Revenue Cutter and others at Santa Rosa, that she is a total loss. 

Deponent proceeded for this city, where he arrived this morning. 

 Whereupon the said William Bagley for himself and the other owners of said Schooner 

Magnolia, declared to Protest, as by these presents with him I the said Notary do publicly and 

solemnly Protest against all persons whom the same may or doth concern; against the winds and 

waves and dangers of the seas, and inevitable accidents of whatsoever nature and kind, 

particularly against the accidents hereinbefore recited, for all loss damage and detriment suffered 

and to be suffered by for or on account of the said Schooner Magnolia or the goods of her 

loading on the voyage aforesaid. 

324
 In testimony whereof the said appearers have hereunto subscribe their names, in presence 

of and together with Robert L. DeCoin and Joseph Genois, witnesses, and me the said Notary. 

[Signatures] A. Cunningham, Wm. Bagley, R. L. DeCoin, J. Genois, 

Hu. K. Gordon, Not. Pub. 

325
326
327
328
329
Ship Neptune 

[120] By this Public Instrument of Protest be it now known and Manifest that on this 24th

day of September in the year of our Lord 1804, Before me Prost. Marshall duly Commissioned 

and Qualified a Notary Public in and for the City of New Orleans personally came & appeared 

John Greenwell Commander of the Ship Neptune of Baltimore of the burthen of 354 Tons or 

there about who Declared that the said vessel being stiff stout & sound and strong and properly 

Manned fitted and victualled for the Voyage he set sail with the said Vessel under his Command 

from Port Royal in Jamaica on the 29th day of July last bound for Baltimore with forty eight 

Passengers on board. That on the 30th July at 6 P.M. Port bound Point bore W. E. N. the weather 

being hazy and Raining had no observation this day. That on the thirty first of July there was 

light winds and hazy Weather heavy Squalls with Rain at 6 P.M. [illegible] [illegible] by South 

bore N.E.W., could get no observation this day. That on the first of August there was light 

Winds and hazy Weather, could get no observation this day. That on the Second of August the 

day began with light Winds and hazy Weather that nothing occurred till half past one A. M. that 

the Ship 

[121] had all Sail set, Stay Sails and Steering Sails fore and aft, that Land being discovered under 

the Larboard the Stay sails were Immediately hauled down, and the Helm put hard down in order 

to Carry the Ship by the Wind, but before the Steering Sails could be taken in and the Yards 

braced up the Ship struck several [illegible] very heavy and fell off from the Wind. The 

Appearer then ordered the after Yards to be Braced up, the head Yards [illegible], but that not 

[illegible] the purpose of bring the Ship by the Wind, the Larboard Anchor was cast away and let 

go, but the Ship was fast on the S. E. end of the great Caymans and leaking so Violently heavy 

that the Pump on sounding had Eighteen inches of Water in the hole, that at day break the Boat 

was got out, sounded the Pump had three and one half feet Water in her hold, That the Mate and 

Six Men went on Shore in the Boat in order to procure assistance if possible but none was to be 

had except a [illegible] Canoe nearer than Bowden Town which was fourteen Miles distance, 

That at the [illegible] of the boat on board the Ship there was Six feet Water in her hold and she 

had lost her Rudder, the appearer and Crew then set 

[122] two men landed the Passengers which was accomplished with difficulty as there was a 

dangerous reef to pass over with them, They also stripped the Ship of her Sails and Rigging as 

many as the People could get on Shore, the Vessel than laying out the distance of one Mile and a 

half from the Shore, That at 10 A.M. the Water was above the Ballast in the Ship’s hold, the last 

boat which left the Ship in which was the appearer one Passenger and five of the Ship’s Crew 

unfortunately was Swamped and two Men were drowned to wit John Gildeau a Negro and John 

Altore a Native of Normandy, That the appearer took his Passage on board the Schooner Heroine

and arrived at New Orleans yesterday and now desires to Protest requiring an Act of use the said 

Notary to award [illegible] when and where it may be useful & necessary. 

 

Afterwards that on this 27th day of September personally came and appeared John Sewell 

Mate of the said Vessel who [illegible] is all as the said Captain John Greenwell all being by me 

duly Sworn to declare the truth did depose and say that the facts herewith before set forth are Just 

and true. 

 [123] Whereupon I the said Notary at the request of [illegible] [illegible] and by these 

presents Do Solemnly Protest as well against, as well as the said Hazy Weather getting no 

observation and running Vessel on Shore and against all other persons whom it shall [illegible] 

or may concern for all Losses Costs Charges Hurts Delays Injury and Damages already suffered 

and sustained or that or that shall or may be suffered and sustained Hereby. 

 

Thus done & Protested before me said Notary [Signatures illegible] 

 

330
331
332
333
N.O. 172 

No. 96 

May 12th 1843 

Extension of protest of Flat boat 

E. McDonald, Ebenezar King, Master 

@Williamsport, State of Indiana 

2 cm United States of America } 

 State of Louisiana } 

 City of New Orleans } 

 __By this Public Instrument of Protest__ 

 ________Be it known that on the tenth day of May in the year of our Lord one thousand 

eight hundred and forty-three, and sixty seventh of American Independence____ 

 __Before me Lucien Hermann, a Notary Public duly commissioned and sworn__ 

 ________Personally came and appeared Ebenezar King, Master of the late Flat boat 

called E. McDonald, laden with a Cargo of Hams, Beef, prime pork, Mess pork and leaf lard 

[high quality lard], bound from Williamsport in the State of Indiana, to this City of New Orleans, 

who noted his protest against the perils of accidents of said passage. 

 ________And afterwards on this twelfth day of May instant, before me Notary aforesaid, 

and in the presence of the witnesses hereinafter names and undersigned, again personally came 

and appeared the said Ebenzar King, who expressed his desire to extend his protest so noted as 

aforesaid accompanied with James Wiley the Pilot; Vincent Virgin, George Milligan, and Isiah 

Campbell, all hands employed on board of the late Flat Boat E. McDonald, and the said 

appearers after having been duly and solemnly sworn by me the said Notary, declared for truth as 

follows to Wit____ 

________That on the fourteenth day of April last past, they the said appearers left 

Williamsport, State of Indiana aforesaid, bound for this Port, that at the time of starting, the said 

Flat boat was tight, staunch, and strong, was well and sufficiently manned and provided, and in 

good order and condition for the passage, the said appearer and his crew making all possible 

progress on their said intended passage towards this port of New Orleans, nothing worthy of 

observation occurring until the Twenty-seventh day of April following, when on that day in 

endeavoring to pass through the Horseshoe cutoff in the State of Arkansas, it then blowing hard, 

the said flat-boat came violently in contact with a large and heavy log, in consequence of which, 

the side of the said flat boat, within about four feet from the bow to the stern, was completely 

torn out, when she immediately filled with water, turned bottom upwards and then sunk, in deep 

water.___ 

________And not withstanding this appearer and his crew used every possible exertion 

and means for the ultimate preservation of the cargo yet they only succeeded in saving fifty-eight 

barrels of Leaf Lard, two barrels of hams, one barrel of prime pork, and one barrel of mess pork, 

which this appearer caused to be put on board of the Wabash flat boat, and on the twenty-ninth 

day of April, this appearer with his crew again proceeded, in said flat Wabash to this City, and 

arrived on the tenth instant, and prepared for the due delivery of the remnant of said Cargo_____ 

________Now therefore because of the premises and as all the loss, damage, and injury 

which has happened to the said flat boat and to the Cargo have been occasioned solely by the 

circumstances hereinabove stated, and cannot and ought not to be attributed to any insufficiency 

of the said flat boat, or default or neglect of the said Master, the pilot, or of his officers or crew. 

He the said Master now requires me the said Notary to make his protest and this public act 

334
thereof that the same may serve and be and remain in full force and virtue as of right shall 

appertain____ 

________And thereupon the said Master doth protest, and I the said Notary at his special 

instance and request do, by these presents publicly and solemnly protest against the dangers and 

perils on the passage aforesaid, as also and particularly against the circumstance of said flat boat, 

coming in contact with a large heavy log, thereby tearing the greater part of the larboard side of 

said flat boat out, in consequence which the said flat boat immediately filled with water, and 

through unforeseen occurrence, the said flat boat as also the major part of the Cargo became a 

total loss, and lastly against the [illegible] on which has thus unavoidably taken place all which 

has been more fully described and set forth, and for all other loss, costs, and expenses, damage 

and injury which the said Master or the owners or freighters of the said flat boat, or any other 

person [173] or persons interested or concerned therein already have paid or may hereafter pay, 

sustain, incur, or be put into by, through, or on account of the premises or for which the insurer 

or insurers of the said flat boat is or are respectively liable to pay or make contribution or 

average according to custom, or to their respective contracts or obligations so that no part of such 

losses or expenses already incurred or hereafter to be incurred to fall upon the said Master or on 

any of his crew____ 

________This done and passed in my office at the City of New Orleans, State of 

Louisiana aforesaid, on the day and date hereinabove secondly mentioned, in the presence of 

Chs. LaBedoyere Kernion Jr. and A. Cooper Lewis, competent witnesses domiciliated in this 

City who have hereunto subscribed their names together with the said parties and me Notary 

after reading the whole “E. McDonald” this reference approved. 

Charles LaBedoyere Kernion Jr. Ebenezer King, Master 

A.C. Lewis James Wiley, pilot 

 Vincent Virgin 

 George Milligan 

 Isiah Campbell 

 Ln. Hermann 

 Not. Pub. 

335
336
337
338
339
No. 323 60 

N.O. 26th Septr. 1846 

Protest 

At the request of 

James Shanklin, master 

Schooner Mary Anna 

United States of America, State of Louisiana, City of New Orleans 

By this public Instrument of Protest, Be it Known, That on the twenty-sixth day of 

September in the year of our Lord one thousand eight hundred and forty-six, and of the 

Independence of the United States of America, the Seventy-first, Before Me, Lucien Hermann, a 

Notary Public in and for the Parish of Orleans, dwelling in the City of New Orleans, State of 

Louisiana, duly Commissioned and Sworn, Personally Came and Appeared James Shanklin, 

master of the Schooner called the Mary Anna and noted in due form of law with me the 

undersigned Notary his Protest, for the uses and purposes hereafter mentioned; and now, at this 

day, to wit, the day of the date hereof, before me, the said Notary, at the City of New Orleans 

aforesaid, again comes the said James Shanklin and requires me to extend his Protest, and 

together with the said James Shanklin also come John C. Wilson, mate; Benjamin Swain, 

seaman; and Charles Thomas Snelling, boy belonging to the aforesaid Schooner all of whom 

being by me duly sworn on the Holy Evangelists of Almighty God, voluntarily, freely, and 

solemnly do declare and depose as follows, that is to say, that on Wednesday, the second of 

September eighteen hundred and forty-six, he, the said James Shanklin departed in and with the 

said Schooner as master thereof from Charleston, S.C. having on board the said Schooner a cargo 

of Lumber and bound for the Port of Philadelphia, Penn., that the said Schooner was then stout, 

staunch, and strong; had her cargo well and sufficiently stowed and secured; was well masted 

and manned, tackled, victualled, appareled, and appointed; and was in every respect fit for the 

sea and the voyage she was about to undertake: 

At four o’clock A.M. on the day and date as above written, the Pilot came on 

board and soon after got the Schooner underway and left Port having light winds from 

South East and moderate weather. At nine o’clock A.M. crossed the Bar, discharged 

Pilot and stood out for sea; September the third had light breezes and pleasant weather. 

The fourth, fifth, and sixth of September continued on their course with nothing material 

occurring worthy of particular note; on the following day, the Seventh, had wind from 

North East. At nine O’clock A.M. commenced strong gales – single reefed mainsail and 

furled Flying Jib. At ten o’clock A.M. gale still increasing two reefed the fore sail and 

furled mainsail; day ended the same. The eighth of September commenced strong gales 

and heavy sea running – furled the sail and hove to under a two reefer Foresail. At five 

O’clock P.M. gale increasing, then reefed mainsail and set it – Took in Foresail and 

furled it; At seven o’clock P.M., the gale had increased and blew a hurricane from West 

South West, the Schooner having her lee bulwarks under water; the vessel at this time 

laboring, straining and pitching tremendously. Tried the pumps and found she had 

sprung a leak, made water so rapidly that they could not keep her free with one pump 

going constantly, manned the other pumps and were then enabled to free her by using 

great exertion. At midnight the wind hauled to North North West attended with rain 

without cessation. The wind still blowing a complete hurricane, bursted the mainsail out 

of the boltropes, made exertion to set the foresail, and while so doing, it split from one 

end to the other. Immediately after it was loosed also found the Jib destroyed. At four 

o’clock A.M. made examination and found two and one-half feet of water in her hold; 

also examined her [illegible] house[?] and found her leaking very badly; cut away the 

vessel main rigging and sawed the mast about three feet from the deck; also cut the fore 

rigging and both masts went over by the Vessel side and were lost; hands employed 

340
constantly at the pumps and Vessel in very leaky condition; also threw over deck load; 

day ended boisterous [61] and very squally. The Ninth of September commenced strong 

gale from South West by West and very heavy Squalls, the vessel [left blank by writer] in 

the [left blank by writer] of the sea rolling very heavily; day ended the same. The Tenth 

of September had heavy gales from the Westward, the Schooner driving to the Eastward 

before the heavy sea that was running, experienced continued heavy gales during the 

Night and at daylight saw a full rigged Brig to the Windward, hove to under her main 

trysail, set the ensign union down and was answered by them in same manner; afterward 

ascertained her to be the Brig Helen McLeod, Captain Marston. Latter part of this day 

the gale abated some. On the eleventh day of September had the wind from the North 

blowing a gale with a high sea running. The Helen McLeod being in a sinking condition, 

they endeavored to abandon her and make on the Schooner Mary Anna, but in launching 

their Boat it was swamped and lost; Soon after one of the crew of the Brig named John 

Valentine succeeded in reaching the Schooner in safety; Remained on board the wreck 

until the Twelfth day of September, during which time experienced a succession of 

tremendous gales, the Vessel in a very wrecked condition, and having no provisions on 

board that were not spoiled by salt water; on the Thirteenth, gale still continued, the 

vessel a perfect wreck and discovered a ship afterwards ascertained to be the St. Mary, 

Captain Foster, who bore down to the Schooner, hailed us and offered to take us on 

board; accordingly for the preservation of our lives, we abandoned the Vessel and were 

received on board the said ship St. Mary and arrived at this Port of New Orleans on the 

Twenty-fifth day of September instant without further disaster, 

and the said master further says, that, as all the damage and injury which already has or may 

hereafter appear to have happened or accrued to the said Vessel or her aid cargo, has been 

occasioned solely by the circumstances herein before stated, and cannot nor ought to be 

attributed to any insufficiency of the said Vessel or default of him, this deponent, his officers or 

crew: he now requires me, the said Notary, to make his Protest and this public act thereof, that 

the same may serve and be of full force and value as of right shall appertain. And thereupon the 

said Master doth Protest, and I, the said Notary, at his special interest and request, do by these 

presents, publicly and solemnly Protest against Winds, Weather, Seas, total loss &c and against 

all and every accident, matter and thing, had and met with as aforesaid, whereby or by means 

whereof the said Vessel or her cargo, already has, or hereafter shall appear to have suffered or 

sustained damage or injury, for all losses, costs, charges, expenses, damages, and injury, which 

the said Vessel the owner or owners of the said Vessel or the owners, freighters or shippers of 

her said cargo, or any other person or persons interested or concerned in either, already have or 

may hereafter pay, sustain, incur, or be put unto by or on account of the premises, or for which 

the insurer or insurers of the said Vessel or her cargo is or are respectively liable to pay or make 

contribution or average according to custom, or their respective contracts or obligations; and that 

no part of such losses and expenses already incurred, or hereafter to be incurred, do fall on him 

the said master, his officers or crew. 

 Thus Done and Protested, at my Office, in the City of New Orleans, this twenty-sixth day 

of September in the year of our Lord one thousand eight hundred and forty-six in the presence of 

Charles LaBedoyere Kernion Jr., and Armand Pitot Jr. both of this City, competent witnesses, 

who hereunto sign their names, together with the said Appearers, and me, said Notary. 

[Signed] 

Armand Pitot Jr. James Shanklin, Master 

C. LaBedoyere Kernion Jr. John C. Wilson, Mate 

 Benjamin Swain 

341
 Charles Thomas Snelling 

 Lucien Hermann 

Not. Pub. 

 

342
343
344
345
346
No. 332 58 

N.O. 25th Septr. 1846 

Protest 

Request of 

Valentine, Surviving hand 

Brig Helen McLeod 

United States of America, State of Louisiana, City of New Orleans 

By this public Instrument of Protest, Be it Known, That on the twenty-fifth day of 

September in the year of our Lord one thousand eight hundred and forty-six, and of the 

Independence of the United States of America, the Seventy-first, Before Me, Lucien Hermann, a 

Notary Public in and for the Parish of Orleans, dwelling in the City of New Orleans, State of 

Louisiana, duly Commissioned and Sworn, Personally Came and Appeared John Valentine, a 

surviving hand belonging to the Brig called the Helen McLeod, of and belonging to Baltimore, 

Md., and noted in due form of law with me the undersigned Notary his Protest, for the uses and 

purposes hereafter mentioned; and now, at this day, to wit, the day of the date hereof, before me, 

the said Notary, at the City of New Orleans aforesaid, again comes the said John Valentine and 

who after being by me duly sworn on the Holy Evangelists of Almighty God, voluntarily, freely, 

and solemnly do declare and depose as follows, that is to say, that on Tuesday, the first of 

September eighteen hundred and forty-six, he, the said John Valentine departed in and with the 

said Brig Helen McLeod as seaman thereof from Baltimore having on board the said Brig a 

cargo of assorted merchandise and bound for the Port of New Orleans, La., that the said vessel

was then stout, staunch, and strong; had her cargo well and sufficiently stowed and secured; was 

well masted and manned, tackled, victualled, appareled, and appointed; and was in every respect 

fit for the sea and the voyage she was about to undertake: 

Departed from her port of lading on the day and date as aforesaid, and proceeded 

down the Chesapeake Bay from day to day, nothing worthy of note occurring until the 

following Monday, the seventh of September at four o’clock P.M., when they Stood out 

for sea and soon after passed Cape Henry light house, wind blowing fresh from the North 

North East and weather cloudy. Continued on their regular course and during the same 

night encountered a tremendous gale of wind from North North East in which the vessel 

lost nearly all her sails and sprung a leak; the vessel rolling, straining, and pitching 

tremendously and the sea breaking over her continually. Crew employed at the pumps as 

occasion required. On the following morning lost her stern Boat in consequence of 

shipping a very heavy sea. Soon after the wind moderated our vessel rounded the South 

West, a very heavy sea running. At ten o’clock A.M. experienced a tremendous 

hurricane from South West, which threw the Brig on her beam-ends in which situation 

she remained for about forty-eight hours, when she again righted. On the Tenth, the wind 

blowing tremendously during this time, a very heavy sea running, the vessel leaking very 

badly, crew employed constantly at the pumps day and night to endeavor to keep her free; 

on this the tenth of September, weather moderated some, the vessel at this time nearly 

full of water and leaking so badly as to render it unfeasible to free her. Discovered the 

Schooner Mary Anna on the lee bow, also dismasted, hoisted a signal of distress but 

could procure no assistance from her, she being also in a very crippled condition. At two 

o’clock P.M., the master of the Brig called all hands aft, held a consultation, and it was 

decided by all of them, that for the preservation of their lives, it was absolutely necessary 

to abandon her, accordingly launched the long boat overboard, and she immediately after 

parted her fastenings and was lost. At four o’clock finding no means of succor at hand, 

and the vessel in a sinking condition, the before mentioned John Valentine one of [59] the 

hands belonging to the aforesaid Brig, passed a line around his body, jumped overboard 

and succeed in reaching the Schooner Mary Anna in safety, where they made the line fast 

347
to a hawser, brought it to the schooner and made it fast in order to endeavor and rescue 

the persons from the Brig, but the violence of the seas parted the [hawser]; remained near 

the wreck all night, the Brig having a signal lantern in the main stay, and on the following 

morning, the eleventh of September at about eight o’clock A.M., they neared the said 

Brig Helen McLeod, when the Captain of the Brig Thomas Marston hailed Captain 

Shankland [sic] asking him to remain as near the Brig as possible, she being nearly full of 

water and they could stand it no longer, but expected to founder immediately. Soon after 

a very heavy Squall was seen to strike the said Brig and those on board lost sight of her 

afterwards, having every reason to supposed that she foundered with all on board, the 

said John Valentine believing himself to be the only survivor from the said Brig remained 

on board the said Schooner until Saturday afternoon, the twelfth of September, when 

about four o’clock P.M. the Ship Saint Mary came alongside and received the said John 

Valentine on board together with the crew and officers belonging to the Schooner, all of 

which arrived at this Port of New Orleans on this Twenty-fifth day of September instant, 

and the said seaman further says, that, as all the damage and injury which already has or may 

hereafter appear to have happened or accrued to the said Vessel or her aid cargo, has been 

occasioned solely by the circumstances herein before stated, and cannot nor ought to be 

attributed to any insufficiency of the said Vessel or default of him, this deponent, his officers or 

crew: he now requires me, the said Notary, to make his Protest and this public act thereof, that 

the same may serve and be of full force and value as of right shall appertain. And thereupon the 

said Master doth Protest, and I, the said Notary, at his special interest and request, do by these 

presents, publicly and solemnly Protest against Winds, Weather, Seas, total loss &c and against 

all and every accident, matter and thing, had and met with as aforesaid, whereby or by means 

whereof the said Vessel or her cargo, already has, or hereafter shall appear to have suffered or 

sustained damage or injury, for all losses, costs, charges, expenses, damages, and injury, which 

the said Vessel the owner or owners of the said Vessel or the owners, freighters or shippers of 

her said cargo, or any other person or persons interested or concerned in either, already have or 

may hereafter pay, sustain, incur, or be put unto by or on account of the premises, or for which 

the insurer or insurers of the said Vessel or her cargo is or are respectively liable to pay or make 

contribution or average according to custom, or their respective contracts or obligations; and that 

no part of such losses and expenses already incurred, or hereafter to be incurred, do fall on him 

the said John Valentine, the officers or crew. 

 Thus Done and Protested, at my Office, in the City of New Orleans, this twenty-fifth day 

of September in the year of our Lord one thousand eight hundred and forty-six in the presence of 

Charles LaBedoyere Kernion Jr., and Armand Pitot Jr. both of this City, competent witnesses, 

who hereunto sign their names, together with the said Appearers, and me, said Notary. 

[Signed] 

Armand Pitot Jr. X John Valentine 

C. LaBedoyere Kernion Jr. 

 Lucien Hermann 

Not. Pub. 

 And on this day to wit, on the twenty-fifth day of September 1846, Before me the said 

notary and in the presence of the above named witnesses, personally appeared James Franklin 

[sic] master of the Schooner Mary Anna, who having taking cognizance of the foregoing Protest 

[illegible] and the same declared to me notary, that every statement & declaration therein made 

by the said John Valentine from the moment the said Brig John McLeod came in sight of the said 

Schooner Mary Anna, until the arrival of the said Valentine to this city are strictly correct and 

348
true and in perfect accord with the log from the said Schooner Mary Anne. In faith whereof be 

hereunto signed his name with me, Notary. 

E. Florian Malus James Shanklin 

C. LaBedoyere Kernion 

 Lucien Hermann 

Not. Pub. 

349
350
351
352
No. 13 23 

N.O. 11th January 1847 

Protest 

Flatboat Lion 

T. Sims, master 

United States of America, State of Louisiana, City of New Orleans 

By this public Instrument of Protest, Be it Known, That on the ninth day of January in the 

year of our Lord one thousand eight hundred and forty-seven, and of the Independence of the 

United States of America, the Seventy-first, Before Me, Lucien Hermann, a Notary Public in and 

for the Parish of Orleans, dwelling in the City of New Orleans, State of Louisiana, duly 

Commissioned and Sworn, Personally Came and Appeared Thompson Sims, Master of the Flat 

Boat called the Lion and noted in due form of law with me, said Notary, his Protest, for the uses 

and purposes hereafter mentioned; and now, at this day, to wit, the day of the date hereof, before 

me, the said Notary, at the City of New Orleans aforesaid, again comes the said Thompson Sims

and requires me to extend his Protest, and together with the said Thompson Sims also come 

Gershom Young Hodge, Serge Folcher, Phineas Janney, William Roche, belonging to the 

aforesaid Boat all of whom being by me duly sworn on the Holy Evangelists of Almighty God, 

voluntarily, freely, and solemnly do declare and depose as follows, that is to say, that on the 

twenty-fourth day of November, 1846 he, the said Thompson Sims departed in and with the said 

Flat Boat Lion as Master thereof from Beaver, Penna. having on board the said Boat a cargo of 

Oil Cake and bound for the Port of New Orleans, La., that the said Flat Boat was then stout, 

staunch, and strong; had her cargo well and sufficiently stowed and secured; was well manned, 

tackled, victualled, appareled, and appointed; and was in every respect fit for the voyage she was 

about to undertake: 

Started from Beaver on the day and date aforesaid, and proceeded on her course 

without disaster or unnecessary delay, and arrived at New Orleans on Thursday the 

twenty-fourth day of December where they made fast at the Levee and remained until the 

eighth day of January following when they again started with said Boat further down the 

Mississippi river until they arrived at Municipality No. 3 [below Esplanade Ave.], and 

hauled alongside the Ship Ocean at Pier No. 568, where they made fast, and on the 

following morning, Saturday 9th inst. commenced discharging Cargo from said Flat Boat, 

and conveyed the same on board Ship Margaret. While thus employed, the Tow-Boat 

Jefferson, having two vessels in tow, in passing down the river, run [sic] her larboard 

quarter with such force against said Flat Boat as to cause her, said Flat Boat, to sink very 

soon after, together with the larger portions of her Cargo then of board, every effort to 

save the property being of no avail. The situation which said Flat Boat occupied was by 

permission of the Harbor Master, 

and the said Master further says, that, as all the damage and injury which already has or may 

hereafter appear to have happened or accrued to the said Boat or her aid cargo, has been 

occasioned solely by the circumstances herein before stated, and cannot nor ought to be 

attributed to any insufficiency of the said Flat Boat or default of him, this deponent, his officers 

or crew: he now requires me, the said Notary, to make his Protest and this public act thereof, 

that the same may serve and be of full force and value as of right shall appertain. And thereupon 

the said Master doth Protest, and I, the said Notary, at his special interest and request, do by 

these presents, publicly and solemnly Protest against Winds, Weather, and against all and every 

accident, matter and thing, had and met with as aforesaid, whereby or by means whereof the said 

Flat Boat or her cargo, already has, or hereafter shall appear to have suffered or sustained 

damage or injury, for all losses, costs, charges, expenses, damages, and injury, which the said 

Boat the owner or owners of the said Boat or the owners, freighters or shippers of her said cargo, 

353
or any other person or persons interested or concerned in either, already have or may hereafter 

pay, sustain, incur, or be put unto by or on account of the premises, or for which the insurer or 

insurers of the said Boat or her cargo is or are respectively liable to pay or make contribution or 

average according to custom, or their respective contracts or obligations; and that no part of such 

losses and expenses already incurred, or hereafter to be incurred, do fall on him the said Master,

his officers or crew. 

 Thus Done and Protested, at my Office, in the City of New Orleans, this Eleventh day of 

January in the year of our Lord one thousand eight hundred and forty-seven in the presence of E. 

Florian Malus and C. LaBedoyere Kernion, Jr., both of this City, competent witnesses, who 

hereunto sign their names, together with the said Appearers, and me, said Notary. 

[Signed] 

E. Florian Malus Thompson Sims 

C. LaBedoyere Kernion Jr. Gershom Young Hodge 

 George Folcker 

 Phineas Janney 

 William Roche 

 

 Lucien Hermann 

Not. Pub. 

 

354
355
356
357
358
359
360
No. 24 43 

N.O. 14th January 1847 

Protest 

Hull Phenix Barge 

J. Dryden, master 

United States of America, State of Louisiana, City of New Orleans 

By this public Instrument of Protest, Be it Known, That on the Eleventh day of January in 

the year of our Lord one thousand eight hundred and forty-seven, and of the Independence of the 

United States of America, the Seventy-first, Before Me, Lucien Hermann, a Notary Public in and 

for the Parish of Orleans, dwelling in the City of New Orleans, State of Louisiana, duly 

Commissioned and Sworn, Personally Came and Appeared James Dryden, Master of the Hull

called the Phenix Barge, and declared that on the 6th day of January 1847, he noted in due form 

of law with Lilleton Martin, Notary, in and for Sterling, Philips Co., State of Arkansas his 

Protest, for the uses and purposes hereafter mentioned; and now, at this day, to wit, the day of the 

date hereof, before me, the said Notary, at the City of New Orleans aforesaid, again comes the 

said James Dryden and requires me to extend his Protest, and together with the said James 

Dryden also come William Miller, and John S. Thorn, Clerk, belonging to the aforesaid Barge all 

of whom being by me duly sworn on the Holy Evangelists of Almighty God, voluntarily, freely, 

and solemnly do declare and depose as follows, that is to say, that on Friday, the First day of 

January 1847 he, the said James Dryden departed in and with the said Barge as Master thereof 

from Louisville, Ky. having on board the said Barge a cargo of Merchandise and bound for the 

Port of New Orleans, La., that the said Barge was then stout, staunch, and strong; had her cargo 

well and sufficiently stowed and secured; was well manned, tackled, victualled, appareled, and 

appointed; and was in every respect fit for the voyage she was about to undertake: 

Departed from Louisville on the day and date as aforesaid, and proceeded down 

the Ohio river in tow of Steam Boat Phenix without accident or unnecessary delay, until 

about midnight on the 5th of January 1847. While laying at Sterling, at the Bank of the 

Mississippi near the mouth of St. Francis River, Ark., the said Barge or Hull, so called, 

was sunk by a raft coming in contact, striking said Barge with such force as to crush in 

her side, all efforts to prevent the disaster proving of no avail. After the accident, every 

exertion in their power was made to save property – employed extra hands from shore, 

got out part of the cargo from the wreck, put the same on board the Steamboat Phenix, 

which has since arrived and the cargo delivered to the consignees in this City. Also 

employed hands to remain by the wreck to endeavor to save all the remaining property, to 

whom orders have been given to reship for New Orleans whatever of such as may be 

saved from said Barge. A large portion of the same has been recovered and since 

received by the Consignees, 

and the said Master further says, that, as all the damage and injury which already has or may 

hereafter appear to have happened or accrued to the said Barge or her aid cargo, has been 

occasioned solely by the circumstances herein before stated, and cannot nor ought to be 

attributed to any insufficiency of the said Barge or default of him, this deponent, his officers or 

crew: he now requires me, the said Notary, to make his Protest and this public act thereof, that 

the same may serve and be of full force and value as of right shall appertain. And thereupon the 

said Master doth Protest, and I, the said Notary, at his special interest and request, do by these 

presents, publicly and solemnly Protest against Winds, Weather, and sinking by being struck by 

a raft and against all and every accident, matter and thing, had and met with as aforesaid, 

whereby or by means whereof the said Barge or her cargo, already has, or hereafter shall appear 

to have suffered or sustained damage or injury, for all losses, costs, charges, expenses, damages, 

and injury, which the said Barge the owner or owners of the said Barge or the owners, freighters 

361
or shippers of her said cargo, or any other person or persons interested or concerned in either, 

already have or may hereafter pay, sustain, incur, or be put unto by or on account of the 

premises, or for which the insurer or insurers of the said Barge or her cargo is or are respectively 

liable to pay or make contribution or average according to custom, or their respective contracts 

or obligations; and that no part of such losses and expenses already incurred, or hereafter to be 

incurred, do fall on him the said Master, his officers or crew. 

 Thus Done and Protested, at my Office, in the City of New Orleans, this Fourteenth day 

of January in the year of our Lord one thousand eight hundred and forty-seven in the presence of 

E. Florian Malus and C. LaBedoyere Kernion, Jr., both of this City, competent witnesses, who 

hereunto sign their names, together with the said Appearers, and me, said Notary. 

[Signed] 

E. Florian Malus James Dryden 

C. LaBedoyere Kernion Jr. William Miller 

 John S. Thorn 

 

 Lucien Hermann 

Not. Pub. 

 Know All men by these presence that the Steamer “Phoenix” on her Voyage from 

Cincinnati to New Orleans, Having a Barge or Hull of A Boat in Tow Landed and Made fast to 

shore at the town of Sterling in the State of Arkansas, Phillips Co., near the Mouth of St. Francis 

River on the Mississippi River the night of 5th January 1847 about 12 o’clock for the purpose of 

landing Freight & Passengers, the said Barge or Hull Laden with Bacon, Pork, Lard, Poultry, 

Horses. 

 And, Towed on the Starboard side of the Str. “Phoenix” being the outer or River side, A 

Raft floating down the Mississippi opposite the above named place came in contact with said 

Barge or Hull on her Starboard Side and damaging her so as to cause her to sink immediately in 

about [left blank by writer] Fathoms of water, every exertion possible being made by Capt. 

Dryden and his crew of the Phoenix to Keep her afloat. 

 The above named Freight was shipped at the Port of Louisville Ky. By [left blank by 

writer] Church, Clerk of Str. “Simon Kenton” and consigned to Mssrs. Wilson & Gleason, 

Panncler & Brothers, Hewitt & Heran & Co., Schultz, Hadden & Leach of New Orleans. 

 Dated at Sterling, Phillips County, State of Arkansas this 4th of Jany. 1847. 

 John J. New, 1st Clerk of Str. “Phoenix” 

Sworn To and subscribed before me, an acting Justice of the Peace for said County. 

 Lit. Martin J.P. 

I, Jacob Fesk, being sworn says on oath That the above Statement is true, sworn to this Jany. 6th

1847. 

 Jacob Fesk 

 Lit. Martin J.P. 

362
I, John S. Thorn, after being duly sworn doth say on oath that the above statement is true, sworn 

& subscribed this 6th day of Jany./47. 

 John S. Thorn 

I, John Lull, being duly sworn says on oath that the above statement is true in all particulars. 

Sworn to and subscribed before me, an acting Justice of the Peace for said County, This 6th

Jany./47. 

 John Hull 

 Lit. Martin J.P. 

I, James Dryden, being sworn says on oath that the above statement is true in all particulars. 

Sworn to and subscribed before me, an acting Justice of the Peace for said County, This 6th

Jany./47. 

 James Dryden 

 Lit. Martin J.P. 

I, James Little, being sworn says that the above statement is true in all particulars. Subscribed 

and sworn to This 6th Jany. 1847. 

 James Little 

 2nd Mate 

I, Andrew Conner, being sworn says on oath that the above statement is true in all particulars. 

Sworn to and subscribed this 6th Jany. 1847. 

 Andrew Conner 

 Lit. Martin J.P. 

State of Arkansas }S.S. 

County of Phillips } 

 I, Lorenzo D. Maddox, Clerk of the Circuit Court within and for the County aforesaid do 

hereby certify that Littleton Martin whose signature appears to the within testimony and before 

whom the same purports to have taken is and was at the time of signing his name to the within 

testimony an acting Justice of the Peace within and for said County, duly commissioned and 

qualified and that full faith and credit are due and should be given to all his official acts as such. 

In Testimony Whereof I have hereunto set my hand 

as Clerk and affixed the seal of said Circuit Court at 

my office in Helena this 6th day of January A.D. 

1847. 

 L.D. Maddox, Clerk 

363
364
365
366
367
No. 99 191 

N.O. 18th February 1847 

Protest 

Schooner Ashland 

W. Thompson, master 

United States of America, State of Louisiana, City of New Orleans 

By this public Instrument of Protest, Be it Known, That on the Fifth day of February in 

the year of our Lord one thousand eight hundred and forty-seven, and of the Independence of the 

United States of America, the Seventy-first, Before Me, Lucien Hermann, a Notary Public in and 

for the Parish of Orleans, dwelling in the City of New Orleans, State of Louisiana, duly 

Commissioned and Sworn, Personally Came and Appeared William Thompson, Master of the 

Schooner called the Ashland, and noted in due form of law with me said Notary his Protest, for 

the uses and purposes hereafter mentioned; and now, at this day, to wit, the day of the date 

hereof, before me, the said Notary, at the City of New Orleans aforesaid, again comes the said 

Wm. Thompson and requires me to extend his Protest, and together with the said Thompson also 

come Jeremiah Wright, mate; Richard L. Buell and Chauncey Kelsey, seamen, belonging to the 

aforesaid Schooner all of whom being by me duly sworn on the Holy Evangelists of Almighty 

God, voluntarily, freely, and solemnly do declare and depose as follows, that is to say, that on 

Sunday the 10th day of January 1847, civil time, he, the said Wm. Thompson departed in and 

with the said Schooner Ashland as Master thereof from Appalachicola [sic], Fla. having on board 

the said vessel a cargo of Cotton and Tobacco and bound for the Port of New Orleans, La., that 

the said Schooner was then stout, staunch, and strong; had her cargo well and sufficiently stowed 

and secured; was well masted and manned, tackled, victualled, appareled, and appointed; and 

was in every respect fit for the sea and the voyage she was about to undertake: 

Got underway on the day and date as aforesaid, with pilot on board and proceeded 

over the bar, discharged pilot and stood out to sea with fresh breezes from S. by E. On 

Monday morning at 8 P.M., sea time, sounded the Cape St. Blas, when the wind 

increased and changed to the North, and remained about the same until 11 P.M. when it 

commenced blowing a violent gale from the same quarter, which continued without 

intermission during the remaining part of this day. On Tuesday 12th Jany. gale still 

continuing from the same point, and the weather very boisterous. Latter part of the day, 

wind hauled to N.N.E. blowing heavily with a high sea running. Continued sounding 

until 3:30 A.M. when the water suddenly shoaled, and they found but 7 fathoms water, 

and although very dark and misty at this time, they discovered breakers ahead. 

Immediately put the vessel in stays, but she missed and they then attempted to wear, in 

doing which the vessel struck the bottom and drove on a bar, the sea running very high 

and beating violently, forcing the schooner over the bar on to the beach, continuing to 

drive her higher up until she remained hard and fast. Soon after daylight, they got the 

passengers ashore, and found they were on the South Chandeleur Island, having drifted 

out of their course in consequence of an unusually strong northerly current. The master 

immediately procured a Boat from the Island, and engaged her to proceed to New 

Orleans to get cables, anchors, tackle, steamboats, and other assistance to aid in 

discharging the cargo and if possible to get the schooner afloat. A person was 

accordingly sent with the Boat and arrived at New Orleans when all dispatch was used to 

procure the necessary assistance of anchors, cables, &c. They however found it 

impossible to engage a steamboat, as the proprietors considered it too great a risk to send 

one there; and therefore for a Lighter, he chartered the Schn. Mary. On Tuesday, Jany. 

19th the said Lighter arrived at the wreck and anchored abreast of the Ashland outside the 

bar, when they commenced conveying to the wreck the cables and anchors which they 

had brought from New Orleans, but before they had finished doing so, a violent gale 

368
sprung up from the North, which caused them to drag their anchors; and to prevent the 

Lighter from going ashore, they were obliged to get under way and stand out to sea. 

After laying off and on for some time, the severity of the gale obliged them to seek a 

harbor at Pass à L’Outre, where they remained until the gale moderated, when they again 

set sail and stood for the wreck and anchored inside the Island off the mouth of a Bayou. 

During this latter gale, the [192] Ashland was driven on the top of a very high tide further 

on to the beach, where she now remains high and dry, buried nearly six feet deep in the 

sand. 

One the arrival of the Lighter the second time, they commenced discharging the 

Cargo from the wreck and sending it on board said Lighter to the amount of 101 Bales of 

Cotton and 28 Boxes of Tobacco, which was about half the amount of the Cargo, and all 

said Lighter could safely carry; with which she proceeded to New Orleans with all 

dispatch and arrived there on Thursday 4th February and discharged the goods. The 

Captain having taken proper advise, used every means to induce persons to contract for 

getting the “Ashland” afloat, but without success in consequence of her hopeless 

situation. Accordingly he deemed it for the interest of all concerned to strip her, and the 

said Lighter Mary not being of sufficient burthen to take the remaining part of the Cargo 

together with the sails, rigging, furniture &c. off the wreck, he discharged her, and 

employed the Schooner Burissa, and with her returned to the “Ashland,” received on 

board the balance of the Cargo, sails, rigging &c. and with the same arrived at New 

Orleans on the 16th February. 

The entire Cargo, by great and continued exertion of the Master and those 

employed by him was preserved with very little injury. 

Having stripped the Schooner, the Master left her in charge of a person to prevent 

her from being plundered &c. until advices are received from the Underwriters in New 

York, or until she is sold – said person to receive for his services $2 – for every twentyfour hours, 

and the said Master further says, that, as all the damage and injury which already has or may 

hereafter appear to have happened or accrued to the said Vessel or her aid cargo, has been 

occasioned solely by the circumstances herein before stated, and cannot nor ought to be 

attributed to any insufficiency of the said Vessel or default of him, this deponent, his officers or 

crew: he now requires me, the said Notary, to make his Protest and this public act thereof, that 

the same may serve and be of full force and value as of right shall appertain. And thereupon the 

said Master doth Protest, and I, the said Notary, at his special interest and request, do by these 

presents, publicly and solemnly Protest against Winds, Weather, Seas, Stranding &c and against 

all and every accident, matter and thing, had and met with as aforesaid, whereby or by means 

whereof the said Vessel or her cargo, already has, or hereafter shall appear to have suffered or 

sustained damage or injury, for all losses, costs, charges, expenses, damages, and injury, which 

the said Vessel the owner or owners of the said Vessel or the owners, freighters or shippers of 

her said cargo, or any other person or persons interested or concerned in either, already have or 

may hereafter pay, sustain, incur, or be put unto by or on account of the premises, or for which 

the insurer or insurers of the said Vessel or her cargo is or are respectively liable to pay or make 

contribution or average according to custom, or their respective contracts or obligations; and that 

no part of such losses and expenses already incurred, or hereafter to be incurred, do fall on him 

the said William Thompson, his officers or crew. 

 Thus Done and Protested, at my Office, in the City of New Orleans, this eighteenth day 

of February in the year of our Lord one thousand eight hundred and forty-seven in the presence 

369
of E. Florian Malus and C. LaBedoyere Kernion Jr., both of this City, competent witnesses, who 

hereunto sign their names, together with the said Appearers, and me, said Notary. 

[Signed] 

E. Florian Malus William Thompson 

C. LaBedoyere Kernion Jr. Jeremiah Wright 

 Richard L. Buell 

 Chauncey Kelsey 

 

 Lucien Hermann 

Not. Pub. 

370
371
372
373
374
No. 144 281 

N.O. 9th March 1847 

Protest 

Schooner A.B. Cooley 

H. Parker, master 

United States of America, State of Louisiana, City of New Orleans 

By this public Instrument of Protest, Be it Known, That on the Sixteenth day of February

[elsewhere date noted as 03-09-1847] in the year of our Lord one thousand eight hundred and 

forty-seven, and of the Independence of the United States of America, the Seventy-first, Before 

Me, Lucien Hermann, a Notary Public in and for the Parish of Orleans, dwelling in the City of 

New Orleans, State of Louisiana, duly Commissioned and Sworn, Personally Came and 

Appeared Herman Parker, Master of the Schooner called the A.B. Cooley, and noted in due form 

of law with me said Notary his Protest, for the uses and purposes hereafter mentioned; and now, 

at this day, to wit, the day of the date hereof, before me, the said Notary, at the City of New 

Orleans aforesaid, again comes the said Herman Parker and requires me to extend his Protest, 

and together with the said Herman Parker also come Reuben Williams, mate; Thomas 

Christopher, seaman; and Horace P. Vanderpool, Steward, belonging to the aforesaid Vessel all 

of whom being by me duly sworn on the Holy Evangelists of Almighty God, voluntarily, freely, 

and solemnly do declare and depose as follows, that is to say, that on the fourth day of February 

1847 he, the said Herman Parker departed in and with the said Schooner A.B. Cooley as Master

thereof from Brazos St. Jago [Tx.] having on board the said vessel Ballast, and bound for the 

Port of New Orleans, La., that the said Vessel was then stout, staunch, and strong; had her cargo 

well and sufficiently stowed and secured; was well masted and manned, tackled, victualled, 

appareled, and appointed; and was in every respect fit for the sea and the voyage she was about 

to undertake: 

Got underway on the day aforesaid and proceeded to sea. Arrived at and passed 

in over the bar at the S.W. Pass of the river Mississippi in charge of a pilot on Tuesday 

Feb. 9. The wind being fair continued up the river about thirty miles when, at 4 o’clock 

P.M. being opposite Wilder’s Bayou [Plaquemine Parish] they suddenly struck some 

hidden substance in the river with such force that it perforated the vessel’s bottom near 

the keelson. The Schooner immediately swung clear, and the water rushed in so fast that 

the master, perceiving she was in a sinking condition, made for the shore and run her 

aground where she sunk in less than thirty minutes after the time of the disaster. A pilot 

Boat came alongside soon after and the master of the Schooner took passage in her for 

New Orleans where he procured cables, anchors, purchase blocks, empty casks &c and 

with them returned to the wreck, and with the assistance of a lighter attempted to get the 

vessel afloat. But after two days fruitless exertions, and losing an anchor, parting hawser 

&c. they were obliged to abandon their efforts, as the vessel besides being full of water 

had settled so deep into the mud it was impossible to move her. Thereupon the master, 

after offering to contract with persons for raising the vessel, whose demands [282] for 

making the attempt were considered by him too exorbitant, and after consultation, 

determined to strip her of her sails, rigging, and furniture and sell the whole at auction for 

the benefit of all parties concerned, which was accordingly done~~ 

and the said Master further says, that, as all the damage and injury which already has or may 

hereafter appear to have happened or accrued to the said Vessel or her aid cargo, has been 

occasioned solely by the circumstances herein before stated, and cannot nor ought to be 

attributed to any insufficiency of the said Vessel or default of him, this deponent, his officers or 

crew: he now requires me, the said Notary, to make his Protest and this public act thereof, that 

the same may serve and be of full force and value as of right shall appertain. And thereupon the 

375
said Master doth Protest, and I, the said Notary, at his special interest and request, do by these 

presents, publicly and solemnly Protest against Winds, Weather, Seas, Stranding &c and against 

all and every accident, matter and thing, had and met with as aforesaid, whereby or by means 

whereof the said Vessel or her cargo, already has, or hereafter shall appear to have suffered or 

sustained damage or injury, for all losses, costs, charges, expenses, damages, and injury, which 

the said Vessel the owner or owners of the said Vessel or the owners, freighters or shippers of 

her said cargo, or any other person or persons interested or concerned in either, already have or 

may hereafter pay, sustain, incur, or be put unto by or on account of the premises, or for which 

the insurer or insurers of the said Vessel or her cargo is or are respectively liable to pay or make 

contribution or average according to custom, or their respective contracts or obligations; and that 

no part of such losses and expenses already incurred, or hereafter to be incurred, do fall on him 

the said Herman Parker, his officers or crew. 

 Thus Done and Protested, at my Office, in the City of New Orleans, this ninth day of 

March in the year of our Lord one thousand eight hundred and forty-seven in the presence of E. 

Florian Malus and C. LaBedoyere Kernion Jr., both of this City, competent witnesses, who 

hereunto sign their names, together with the said Appearers, and me, said Notary. 

[Signed] 

E. Florian Malus Herman Parker 

C. LaBedoyere Kernion Jr. Reuben Williams 

 Thos. Christopher 

 Horace P. Vanderpool 

 

 Lucien Hermann 

Not. Pub. 

376
377
378
379
380
381
382
No. 154 319 

N.O. 15th March 1847 

Protest 

S.B. Duke of Orleans 

Benj. M. Holmes master 

United States of America, State of Louisiana, City of New Orleans 

By this public Instrument of Protest, Be it Known, That on the Fifteenth day of March in 

the year of our Lord one thousand eight hundred and forty-seven, and of the Independence of the 

United States of America, the Seventy-first, Before Me, Lucien Hermann, a Notary Public in and 

for the Parish of Orleans, dwelling in the City of New Orleans, State of Louisiana, duly 

Commissioned and Sworn, Personally Came and Appeared Benjamin M. Holmes, Master of the 

Steam Boat called the Duke of Orleans, and declared that on the seventh day of March, inst. he

noted in due form of law with Williams S. Watson, a Justice of the Peace in and for the County 

of Cape Girardeau, Mo. his Protest, for the uses and purposes hereafter mentioned; and now, at 

this day, to wit, the day of the date hereof, before me, the said Notary, at the City of New 

Orleans aforesaid, again comes the said Benjamin M. Holmes and requires me to extend his 

Protest, and together with the said Benjamin M. Holmes also come Edmund Holmes, second 

mate; F.A. Brookman, Clerk; Henry A. Ealer, Pilot; James Russell, Pilot; Daniel Killian, 

Carpenter; J.M. Currier, Engineer; and James Barringer, Watchman, belonging to the aforesaid 

Steam Boat all of whom being by me duly sworn on the Holy Evangelists of Almighty God, 

voluntarily, freely, and solemnly do declare and depose as follows, that is to say, that on the 

fourth day of March 1847 he, the said Benjamin M. Holmes departed in and with the said Steam 

Boat Duke of Orleans as Master thereof from St. Louis, Mo., having in tow the Barge called the 

George Washington and having on board the said Barge a cargo of Merchandise, and bound for 

the Port of New Orleans, La., that the said Barge was then stout, staunch, and strong; had her 

cargo well and sufficiently stowed and secured; was well manned, tackled, victualled, appareled, 

and appointed; and was in every respect fit for the voyage she was about to undertake: 

Left St. Louis on the date aforesaid and proceeded down the river Mississippi 

until the 6th instant at half past 6 A.M., when about sixteen miles above Cape Girardeau, 

they discovered that said Barge had, from some cause unknown, commenced leaking 

very fast, and had at the time of the discovery about one inch of water over her dunnage 

plank, although the pumps had been tried a few minutes previous and the Barge found 

perfectly dry. The water rushed in so rapidly that notwithstanding every effort was made 

by the Master and crew to prevent disaster, the Barge sunk in a very few minutes in about 

twelve feet of water, where she now lies in a very bad situation. A small portion of the 

Cargo only has been saved, part of which has been brought to this City by the said Duke 

of Orleans, and that which was landed on the shore will be forwarded to this port as soon 

as conveyance can be procured, 

and the said Master further says, that, as all the damage and injury which already has or may 

hereafter appear to have happened or accrued to the said Barge or her aid cargo, has been 

occasioned solely by the circumstances herein before stated, and cannot nor ought to be 

attributed to any insufficiency of the said Barge or default of him, this deponent, his officers or 

crew: he now requires me, the said Notary, to make his Protest and this public act thereof, that 

the same may serve and be of full force and value as of right shall appertain. And thereupon the 

said Master doth Protest, and I, the said Notary, at his special interest and request, do by these 

presents, publicly and solemnly Protest against Winds, Weather, Seas, Leaks &c and against all 

and every accident, matter and thing, had and met with as aforesaid, whereby or by means 

whereof the said Barge or her cargo, already has, or hereafter shall appear to have suffered or 

sustained damage or injury, for all losses, costs, charges, expenses, damages, and injury, which 

383
the said Barge the owner or owners of the said Barge or the owners, freighters or shippers of her 

said cargo, or any other person or persons interested or concerned in either, already have or may 

hereafter pay, sustain, incur, or be put unto by or on account of the premises, or for which the 

insurer or insurers of the said Barge or her cargo is or are respectively liable to pay or make 

contribution or average according to custom, or their respective contracts or obligations; and that 

no part of such losses and expenses already incurred, or hereafter to be incurred, do fall on him 

the said Benjamin M. Holmes, his officers or crew. 

 Thus Done and Protested, at my Office, in the City of New Orleans, this fifteenth day of 

March in the year of our Lord one thousand eight hundred and forty-seven in the presence of E. 

Florian Malus and C. LaBedoyere Kernion Jr., both of this City, competent witnesses, who 

hereunto sign their names, together with the said Appearers, and me, said Notary. 

[Signed] 

E. Florian Malus Benjamin M. Holmes, Master 

C. LaBedoyere Kernion Jr. X Edmond Holmes, Second mate 

 F.A. Brookman, Clerk 

Henry A. Ealer, Pilot 

James Barringer James Russell, Pilot 

J.M. Currier, Engineer Daniel Killian, Carpenter 

 

 Lucien Hermann 

Not. Pub. 

[line cut off] ... on this day personally appeared before me William S. Watson, a Justice 

of the peace and being duly Commissioned and Sworn for the County of Cape Girardeau and 

State of Missouri, Benjamin M. Holmes, Master; Henry A. Ealer, Pilot; John Mattingly, Mate; 

James Russell, Pilot; F.A. Brookman, Clerk; Daniel Killian, Carpenter; John Connor & William 

Holmes, Engineers; and James Barringer, Watchman, who being duly sworn do make the 

following statement upon oath—That on the morning of the Sixth day of March, A.D. 1847 

about 6 1⁄2 o’clock in the morning of said day while descending the Mississippi River about 16 

miles above Lake Girardeau, the said Barge George Washington or so called towed by the Steam 

Boat Duke of Orleans whilst underway, was discovered to be making water very freely, when 

discovered about one or one and a half inches over the dunnage plank, the pumps had been 

sucked a few minutes previously, when apparently she was perfectly tight; about one minute 

after discovered to be making water, she sunk in about twelve or sixteen feet water. Said Barge 

was well manned and tacked and every effort was made to save said Barge and Cargo, but was 

unavailing and the accident must be considered one of the unavoidable dangers of the River. 

Therefore, I William S. Watson, a Justice of the peace as aforesaid, do hereby Protest 

against all and singular the dangers of the River, unavoidable accidents, damages, losses and 

claims of any person or persons whatsoever by reason of the aforesaid accident. 

Sworn to and subscribed } Benjamin M. Holmes Master {seal} 

Before me this 7th day of } Henry A. Ealer, Pilot {seal} 

March A.D. 1847 } John Mattingly, mate {seal} 

384
 William S. Watson } James Russell, Pilot {seal} 

 Justice of the Peace } F.A. Brookman, clk. {seal} 

 Paul Killian, Carpenter {seal} 

 John Connor, Eng. {seal} 

 M. Holmes, Eng. {seal} 

 James Barringer, watchman {seal} 

State of Missouri }S.S. 

County of Cape Girardeau } 

 I, William S. Watson, a justice of the peace 

and 

Being duly commissioned and sworn for the County of Cape Girardeau and State of Missouri 

residing in the City of Cape Girardeau in this state do hereby certify that the foregoing 

Instrument of Protest was made and entered before me according to law this 7th day of March 

1847. 

 In Testimony whereof I have hereto set my hand and seal at the City of Cape Girardeau 

the day and year aforesaid. 

 William S. Watson 

 Justice of the Peace

385
386
387
388
389
No. 186 385 

N.O. 23rd March 1847 

Protest 

Brig Frances Ann 

Grimsditch master 

United States of America, State of Louisiana, City of New Orleans 

By this public Instrument of Protest, Be it Known, That on the twentieth day of March in 

the year of our Lord one thousand eight hundred and forty-seven, and of the Independence of the 

United States of America, the Seventy-first, Before Me, Lucien Hermann, a Notary Public in and 

for the Parish of Orleans, dwelling in the City of New Orleans, State of Louisiana, duly 

Commissioned and Sworn, Personally Came and Appeared Thomas J. Grimsditch, Master of the 

Brig called the Frances Ann, and noted in due form of law with me said Notary his Protest, for 

the uses and purposes hereafter mentioned; and now, at this day, to wit, the day of the date 

hereof, before me, the said Notary, at the City of New Orleans aforesaid, again comes the said 

Thos. J. Grimsditch and requires me to extend his Protest, and together with the said Thos. J. 

Grimsditch also come Hugh McNeale, Mate; David Wright, James Allison and William 

Winchester, Seamen, belonging to the aforesaid Vessel all of whom being by me duly sworn on 

the Holy Evangelists of Almighty God, voluntarily, freely, and solemnly do declare and depose 

as follows, that is to say, that on the 31st day of January 1847 he, the said Thos. J. Grimsditch

departed in and with the said Brig Frances Ann as Master thereof from Leith, Scotland having on 

board the said Vessel Coals for Ballast, and bound for the Port of New Orleans, La., that the said 

Vessel was then stout, staunch, and strong; had her cargo well and sufficiently stowed and 

secured; was well masted and manned, tackled, victualled, appareled, and appointed; and was in 

every respect fit for the sea and the voyage she was about to undertake: 

On the day and date aforesaid got underway and proceeded to sea. Continued on 

their course, nothing worthy of particular note occurring until Wednesday 17th March. At 

4 A.M. the weather being hazy, sounded with one hundred fathoms line but found no 

bottom. At 6 A.M. sounded again and found soft mud in forty fathoms. At 8 A.M. 

altered the course to West expecting to make Frank Island Light House [Frank’s Island 

mouth of the Miss. R.], and kept the lead going continually. The weather yet hazy, at 10 

o’clock 45 minutes made the land bearing West by North, apparently Frank Island, as 

they could distinguish a house. In less than five minutes after making the land, the Brig 

struck the bottom in two fathoms water. Immediately hove all aback in hopes the Brig 

would back off, but she was so fast fore and aft she would not move. Stowed all the sails, 

got the stream anchor out astern and hove a heavy strain on the warp with the windlass 

and capstan, but without success as the anchor came home, the bottom consisting of hard 

sand and stones. The Master then ordered a quantity of coal to be thrown overboard in 

order to lighten the vessel, and then made more efforts with the anchor but all to no 

purpose owing [386] to the nature of the bottom, it being impossible to make the anchor 

hold. At noon, by an observation found they had been set twenty-four miles to the 

northward of their course by an unknown current, and that the land near them was Breton 

Island, and the vessel on Grand Gosier Shoal. The wind increasing and the vessel 

thumping heavily on the bottom, and there being prospect of a gale, the master at 4 

o’clock P.M. sent the mate to the Balize at the mouth of the Mississippi to procure 

assistance, and if possible engage a Steam boat to get them off. At 6 P.M., the vessel 

continuing to strike heavily, found three feet water in the well and gaining fast on the 

pumps. At 8 o’clock the wind still in creasing and the sea breaking over the vessel with 

great violence, the master expecting her to go to pieces as she was striking very heavily. 

At 10:30, the cable parted and the vessel canted on her larboard beam-ends, the sea 

making a complete breach over her shaft. At midnight found the false keel and other 

390
pieces of the wreck floating alongside. The next day, Thursday 18th at 12:30 A.M. a 

heavy sea struck the Brig on the larboard quarter and shifted her head 5 points to the 

southward. Let the sails and attempted to force her off, but without success. At daylight 

found the vessel to have surged 2 or 3 miles to the westward and the Master perceiving 

she had bilged with 7 feet water in the well, the stern port started and the lower deck 

bindings beginning to part, the vessel on her broadside, the decks and waterway all 

started and the crew completely exhausted by their labors at the pumps &c, found it 

impossible to remain any longer by the wreck with safety to the lives of the crew, 

consequently hailed a fishing smack which came alongside and took them off together 

with as much of the materials as she could carry, the vessel at the time having 9 feet, 6 

inches water in the hold. On arriving at New Orleans the Master endeavored to contract 

with the proper persons for getting the vessel off, but without success as the prospect of 

saving her was so small that none would undertake the risk, 

and the said Master further says, that, as all the damage and injury which already has or may 

hereafter appear to have happened or accrued to the said Vessel or her aid cargo, has been 

occasioned solely by the circumstances herein before stated, and cannot nor ought to be 

attributed to any insufficiency of the said Vessel or default of him, this deponent, his officers or 

crew: he now requires me, the said Notary, to make his Protest and this public act thereof, that 

the same may serve and be of full force and value as of right shall appertain. And thereupon the 

said Master doth Protest, and I, the said Notary, at his special interest and request, do by these 

presents, publicly and solemnly Protest against Winds, Weather, Seas, Stranding &c and against 

all and every accident, matter and thing, had and met with as aforesaid, whereby or by means 

whereof the said Vessel or her cargo, already has, or hereafter shall appear to have suffered or 

sustained damage or injury, for all losses, costs, charges, expenses, damages, and injury, which 

the said Vessel the owner or owners of the said Vessel or the owners, freighters or shippers of 

her said cargo, or any other person or persons interested or concerned in either, already have or 

may hereafter pay, sustain, incur, or be put unto by or on account of the premises, or for which 

the insurer or insurers of the said Vessel or her cargo is or are respectively liable to pay or make 

contribution or average according to custom, or their respective contracts or obligations; and that 

no part of such losses and expenses already incurred, or hereafter to be incurred, do fall on him 

the said Thomas J. Grimsditch, his officers or crew. 

 Thus Done and Protested, at my Office, in the City of New Orleans, this twenty-third day 

of March in the year of our Lord one thousand eight hundred and forty-seven in the presence of 

E. Florian Malus and C. LaBedoyere Kernion Jr., both of this City, competent witnesses, who 

hereunto sign their names, together with the said Appearers, and me, said Notary. 

[Signed] 

E. Florian Malus Thomas J. Grimsditch 

C. LaBedoyere Kernion Jr. Hugh McNeale 

 David Wright 

 James Allison 

 Wm. Winchester 

 

 Lucien Hermann 

Not. Pub. 

391
392
393
394
395
No. 250 78 

N.O. 27th April 1847 

Protest 

Brig Ellen & Clara 

T. Griffin master 

United States of America, State of Louisiana, City of New Orleans 

By this public Instrument of Protest, Be it Known, That on the twenty-seventh day of 

April in the year of our Lord one thousand eight hundred and forty-seven, and of the 

Independence of the United States of America, the Seventy-first, Before Me, Lucien Hermann, a 

Notary Public in and for the Parish of Orleans, dwelling in the City of New Orleans, State of 

Louisiana, duly Commissioned and Sworn, Personally Came and Appeared Tristram Griffin, late 

master of the Brig called the Ellen and Clara, and declared that on the 2nd April, 1847, he noted 

in due form of law with B.D. Hyam, Notary Public in and for the city of Vera Cruz, his Protest, 

for the uses and purposes hereafter mentioned; and now, at this day, to wit, the day of the date 

hereof, before me, the said Notary, at the City of New Orleans aforesaid, again comes the said 

Tristram Griffin and requires me to extend his Protest. The note of Protest made at Vera Cruz, 

having been signed and sworn to by Thomas Kendrick, mate, and Charles Burdick, seaman 

belonging to the aforesaid Vessel all of whom being by me duly sworn on the Holy Evangelists 

of Almighty God, voluntarily, freely, and solemnly do declare and depose as follows, that is to 

say, that on Friday the 26th day of February 1847 he, the said Tristram Griffin departed in and 

with the said Brig as Master thereof from New Orleans, La. having on board the said vessel a 

cargo of Merchandise, and bound for the Port of Tampico, Mexico, that the said Vessel was then 

stout, staunch, and strong; had her cargo well and sufficiently stowed and secured; was well 

masted and manned, tackled, victualled, appareled, and appointed; and was in every respect fit 

for the sea and the voyage she was about to undertake: 

On the day and date aforesaid got underway and proceeded down the river 

Mississippi in tow of a Steamer. The following day passed over the bar and stood out to 

sea. Continued on their course, experiencing variable weather, and on the 3rd March 

made the land to the westward of Tampico river and next day took a pilot, proceeded in 

over the bar and up the river to Tampico, where they made fast and proceeded to 

discharge Cargo. Remained at Tampico taking in provender, Horses, and mules for Vera 

Cruz until the 15th, when all things being in readiness they departed in tow of a steamer 

which took them to the bar, but owing to the heavy sea thereon, were unable to cross until 

the 17th when the Steam boat took them over, left them, and the Brig stood out to sea, 

nothing worthy of particular note occurring until the 20th when they arrived off Vera Cruz 

and came to anchor among the fleet under Sacrificios Island. After hauling in close to the 

shore they discharged the Mules and Horses and then warped the Brig off to a place 

where she could lay more securely. On the 21st the wind commenced blowing violently 

from the North, let go a second anchor, but the gale increasing, the Brig dragged her 

anchors and struck against the bottom. At this time the Hurricane was tremendous, the 

Vessel continued to drift [79] and brought up on the reef, the sea making a complete 

breach over her. At 2 A.M. parted the sheet chain and the Brig drove over the reef and 

onto the beach where she struck heavily. The gale continued throughout the night. Next 

day at 4 P.M. a boat was sent from the U.S. ship St. Mary to their assistance with a cable 

and anchor, which were conveyed to the Brig and they commenced heaving on it but 

were unable to move her. Continued their exertions and at 5 P.M. started her a little. On 

the 23rd the weather having moderated, made all head sail and again began heaving on the 

cable and moved the Brig about twenty yards. Continued heaving by spells throughout 

the day. 24th and 25th experienced strong winds and a heavy sea. 26th pleasant. All 

hands employed in trying to get the vessel off. 27th started [pumping?] the water to 

396
lighten her, and kept the crew at work heaving at the windlass as before. At 8 P.M. the 

wind commenced blowing from the north, at 10 increased to a gale. At midnight the 

wind blew a perfect Hurricane, and the vessel parted her cable and drove further up onto 

the beach, several other vessels being driven ashore at the same time. 28th the sea 

continued running very high and broke completely over the vessel, driving her still 

further up the beach. Towards the latter part of the day the weather moderated and as the 

tide fell the Brig remained nearly high and dry. The master considering the situation of 

the Vessel as hopeless, called in Surveyors who found her badly hogged and strained, and 

so much injured as to be entirely worthless for sea service, provided she could be got off, 

which was extremely doubtful, recommended that she be sold as she lay for the benefit of 

all parties concerned, which was accordingly done, 

and the said Master further says, that, as all the damage and injury which already has or may 

hereafter appear to have happened or accrued to the said Vessel or her aid cargo, has been 

occasioned solely by the circumstances herein before stated, and cannot nor ought to be 

attributed to any insufficiency of the said Vessel or default of him, this deponent, his officers or 

crew: he now requires me, the said Notary, to make his Protest and this public act thereof, that 

the same may serve and be of full force and value as of right shall appertain. And thereupon the 

said Master doth Protest, and I, the said Notary, at his special interest and request, do by these 

presents, publicly and solemnly Protest against Winds, Weather, Seas, Stranding &c and against 

all and every accident, matter and thing, had and met with as aforesaid, whereby or by means 

whereof the said Vessel or her cargo, already has, or hereafter shall appear to have suffered or 

sustained damage or injury, for all losses, costs, charges, expenses, damages, and injury, which 

the said Vessel the owner or owners of the said Vessel or the owners, freighters or shippers of 

her said cargo, or any other person or persons interested or concerned in either, already have or 

may hereafter pay, sustain, incur, or be put unto by or on account of the premises, or for which 

the insurer or insurers of the said Vessel or her cargo is or are respectively liable to pay or make 

contribution or average according to custom, or their respective contracts or obligations; and that 

no part of such losses and expenses already incurred, or hereafter to be incurred, do fall on him 

the said Tristram Griffin, his officers or crew. 

 Thus Done and Protested, at my Office, in the City of New Orleans, this twenty-seventh

day of April in the year of our Lord one thousand eight hundred and forty-seven in the presence 

of E. Florian Malus and C. LaBedoyere Kernion Jr., both of this City, competent witnesses, who 

hereunto sign their names, together with the said Appearers, and me, said Notary. 

[Signed] 

E. Florian Malus Tristram Griffin 

C. LaBedoyere Kernion Jr. 

 

 Lucien Hermann 

Not. Pub. 

397
398
399
400
401
No. 273 120 

N.O. 6th May 1847 

Protest 

Schooner Oscar Jones 

S. Mayo master 

United States of America, State of Louisiana, City of New Orleans 

By this public Instrument of Protest, Be it Known, That on the fourth day of May in the 

year of our Lord one thousand eight hundred and forty-seven, and of the Independence of the 

United States of America, the Seventy-first, Before Me, Lucien Hermann, a Notary Public in and 

for the Parish of Orleans, dwelling in the City of New Orleans, State of Louisiana, duly 

Commissioned and Sworn, Personally Came and Appeared Shubael Mayo, late master of the 

Schooner called the Oscar Jones, and noted in due form of law with me said Notary his Protest, 

for the uses and purposes hereafter mentioned; and now, at this day, to wit, the day of the date 

hereof, before me, the said Notary, at the City of New Orleans aforesaid, again comes the said 

Shubael Mayo and requires me to extend his Protest, and together with the said Shubael Mayo

also come Eleazer Johnson, Mate; Samuel Richards and Joseph Medcalf, Seamen, belonging to 

the aforesaid Vessel all of whom being by me duly sworn on the Holy Evangelists of Almighty 

God, voluntarily, freely, and solemnly do declare and depose as follows, that is to say, that on the 

seventh day of March 1847 he, the said Shubael Mayo departed in and with the said Schooner as 

Master thereof from Vrasos Santiago [Brasos Santiago, Tx.] having on board the said Schooner a 

cargo of Wagons and mules belonging to the U.S. Government, and bound for the Port of Lobos 

Island, in the Gulf of Mexico, that the said Vessel was then stout, staunch, and strong; had her 

cargo well and sufficiently stowed and secured; was well masted and manned, tackled, 

victualled, appareled, and appointed; and was in every respect fit for the sea and the voyage she 

was about to undertake: 

On the day and date aforesaid got underway and proceeded to sea. During the 

passage they experienced very rough weather, but arrived at Los Island without damage 

and came to anchor on the 14th at 7 P.M. Next morning a boat came of [up?] to the 

Schooner bringing orders from the Quarter Master for the vessel to proceed to Sacrificios 

Island and there await further instructions. Accordingly at 7 A.M. got underway and 

steered for the latter place. On the 16th encountered a heavy gale from N.W. attended 

with a high sea. At 6 P.M. hove to under close reefed sails. At 10 a heavy sea came over 

the stern carrying away the boat which was lost. At 8 A.M. the weather moderated some 

and they made sail. Continued on the course experiencing variable weather, occasionally 

heavy gales and contrary winds, and on the 22nd at Meridian made the land, and at 5 P.M. 

came to anchor in the roadstead of Sacrificios Island. 23rd commenced pleasant – at 

Meridian it began blowing a gale from the North – let go the larboard anchor. 24th the 

gale continued until the latter part when it moderated. 25th pleasant. At 8 A.M. got 

underway and proceeded up the harbor to discharge the mules. 26th commenced with 

moderate breezes from the North. At 2 P.M. the wind began blowing violently – let go 

the larboard anchor. At 4 A.M. the gale increasing, paid out all the chains. At Meridian 

the gale was tremendous with a heavy sea and the Schooner pitching and riding heavily; 

parted the larboard chain and began drifting toward the reef. [121] Let go the kedge 

anchor. Continued dragging her anchors and at 1 P.M. parted the hawser attached to the 

Kedge and the Schooner immediately drove onto the reef, knocking off her rudder. At 

this time the sea was very high and making a complete breach over the vessel causing her 

to thump heavily against the bottom, and the Master to prevent the vessel from bilging 

was compelled to slip the starboard chain, when the Schooner drove along the reef into a 

brig, doing great damage to the Schooner, staving her boat and larboard rail, &c. She 

then parted from the Brig and driving still further along the beach, ran foul of another 

402
brig which had been driven on shore carrying away the Schooner’s cut water, head, 

bobstay, head rail, jib-boom and guys, some of the running rigging and a hawser, and 

causing other severe injuries to the Schooner. The vessel now being fast on the beach 

they got the mules ashore. At 8 P.M. the gale began to abate, but the sea continued 

running very high and breaking with great force against the Schooner, caused her to 

thump heavily against the bottom. 27th weather moderate, found but 4 feet water 

alongside. 28th discharged the Cargo. 29th endeavored to procure assistance from the 

men of war to get the Schooner anchors, but the men were all employed in landing troops 

&c. 30th crew employed throughout the day in sweeping for the anchors, but without 

success, the buoys being gone. 31st Crew employed as the day previous – Vessel making 

considerable water. April 1st vessel leaking badly, Capt. Mayo called in Surveyors who 

recommended that she be sold as she lay for the benefit of all parties concerned. On the 

3rd, Capt. Mayo, in consequence of ill health, was compelled to leave the Schooner in 

charge of Capt. Joshua Cahoon to procure assistance if possible and make some attempt 

to heave the vessel off, failing to do this he was to sell her as recommended by the 

Surveyors. After Capt. Mayo’s departure, Capt. Cahoon succeeded in getting men, 

cables and anchors from the vessels nearby and on the 8th got the Schooner afloat. At 11 

A.M. a breeze set in from the eastward attended with a heavy rolling swell, causing the 

vessel to thump violently against the bottom and drag her anchor. Procured another 

anchor, and commenced heaving on it, but the cable parted and the vessel again drove on 

to the reef, striking heavily and injuring her bottom so much that the leak increased very 

rapidly. The acting Master now considering the situation of the vessel hopeless, 

determined to sell her, which was accordingly done agreeable to the instructions received 

from Capt. Mayo, 

and the said Master further says, that, as all the damage and injury which already has or may 

hereafter appear to have happened or accrued to the said Vessel or her aid cargo, has been 

occasioned solely by the circumstances herein before stated, and cannot nor ought to be 

attributed to any insufficiency of the said Vessel or default of him, this deponent, his officers or 

crew: he now requires me, the said Notary, to make his Protest and this public act thereof, that 

the same may serve and be of full force and value as of right shall appertain. And thereupon the 

said Master doth Protest, and I, the said Notary, at his special interest and request, do by these 

presents, publicly and solemnly Protest against Winds, Weather, Seas, Strandings &c and against 

all and every accident, matter and thing, had and met with as aforesaid, whereby or by means 

whereof the said Vessel or her cargo, already has, or hereafter shall appear to have suffered or 

sustained damage or injury, for all losses, costs, charges, expenses, damages, and injury, which 

the said Vessel the owner or owners of the said Vessel or the owners, freighters or shippers of 

her said cargo, or any other person or persons interested or concerned in either, already have or 

may hereafter pay, sustain, incur, or be put unto by or on account of the premises, or for which 

the insurer or insurers of the said Vessel or her cargo is or are respectively liable to pay or make 

contribution or average according to custom, or their respective contracts or obligations; and that 

no part of such losses and expenses already incurred, or hereafter to be incurred, do fall on him 

the said Shubael Mayo, his officers or crew. 

 Thus Done and Protested, at my Office, in the City of New Orleans, this sixth day of May

in the year of our Lord one thousand eight hundred and forty-seven in the presence of E. Florian 

Malus and C. LaBedoyere Kernion Jr., both of this City, competent witnesses, who hereunto sign 

their names, together with the said Appearers, and me, said Notary. 

[Signed] 

E. Florian Malus Shubael Mayo 

C. LaBedoyere Kernion Jr. Joshua Cahoon 

403
 Eleazer Johnson 

 Samuel Richards 

 X Joseph Medcalf 

 

 Lucien Hermann 

Not. Pub. 

404
405
406
407
408
No. 280 136 

N.O. 10th May 1847 

Protest 

Bark Alhambra 

James Lockhart, master 

United States of America, State of Louisiana, City of New Orleans 

By this public Instrument of Protest, Be it Known, That on the tenth day of May in the 

year of our Lord one thousand eight hundred and forty-seven, and of the Independence of the 

United States of America, the Seventy-first, Before Me, Lucien Hermann, a Notary Public in and 

for the Parish of Orleans, dwelling in the City of New Orleans, State of Louisiana, duly 

Commissioned and Sworn, Personally Came and Appeared James Lockhart, Master of the late 

Barque called the Alhambra, and noted in due form of law with me said Notary his Protest, for 

the uses and purposes hereafter mentioned; and now, at this day, to wit, the day of the date 

hereof, before me, the said Notary, at the City of New Orleans aforesaid, again comes the said 

James Lockhart and requires me to extend his Protest, and together with the said James Lockhart

also come John Wilson Crompton, 1st mate; James Codman, 2nd mate; and Henry Welker, 

carpenter—, belonging to the aforesaid Barque all of whom being by me duly sworn on the Holy 

Evangelists of Almighty God, voluntarily, freely, and solemnly do declare and depose as 

follows, that is to say, that on Tuesday the 30th day of March 1847 he, the said James Lockhart

departed in and with the said Barque as Master thereof from Liverpool, Eng. having on board the 

said Vessel – Ballast, and bound for the Port of Valparaiso [Chile], that the said Vessel was then 

stout, staunch, and strong; had her cargo well and sufficiently stowed and secured; was well 

masted and manned, tackled, victualled, appareled, and appointed; and was in every respect fit 

for the sea and the voyage she was about to undertake: 

On the day and date aforesaid at 11 A.M. the pilot came on board and all things 

being in readiness they got under way in tow of a steamer and proceeded to sea. At 3 

P.M. the pilot and steam tag left them, and the Barque continued on her course; the N.W. 

Light Boat bearing S.E. 6 or 7 miles distant. Wind light and variable. 31st at 4 A.M. 

Point Lynas Light bore S.S.E. distant 6 miles. At 8, Skerries Light [Scotland] W. by N. 8 

miles, breeze increasing from N.E. At 3 P.M. Holy Head S.E. distant 4 leagues. At 10 

fresh breezes with hail showers, shortened sail accordingly. April 1st at Meridian the high 

lands of Dungaroon bore N.N.E. distant 11 leagues [all locations on British coast between 

Wales to Ireland]. On the 2nd fresh breezes with heavy showers of hail. At midnight 

experienced strong winds from the N.E. attended with heavy squalls. Sounded the pumps 

and found her making some water. Weather continued boisterous throughout the day 

with heavy hail showers. 3rd commences with fresh breezes and cloudy weather. At 10 

P.M. wind increased and blew heavily, reduced sail accordingly. At 6 A.M. weather 

more moderate and clear, set all sail. 4th experienced strong breezes and thick weather 

throughout the day [137] with frequent showers of hail, vessel making about three inches 

water in two hours; pumps regularly attended to. 5th fresh breezes, vessel making less 

water. Latter part moderate and clear.__ 6th strong increasing breezes attended with a 

heavy swell causing the vessel to labor heavily. At midnight the wind increased with 

rain. At 8 A.M. steady breezes, pumped ship at 6 inches. About 11 A.M. observed an 

unusual quantity of water in the fore hold; sounded the well and found four feet. The 

Master thereupon determined to bear up for the nearest port for examination. 

Accordingly called all hands and hauled the Barque on a wind for Madeira Island 

[Portugal] – both pumps constantly employed and the water gaining on them rapidly. 7th

pleasant weather, all hands constantly at the pumps, leak still increasing and the vessel 

beginning to roll heavily. At two P.M. saw a ship steering to the westward, made a signal 

of distress, when the sail immediately hauled towards them. At 4 P.M. the vessel came 

409
up, which proved to be the Ship Queen Mab bound to New Orleans, and Capt. Lockhart 

requested them to remain by him through the night. At 8 P.M. the Barque settling fast 

forward, became quite unmanageable. Pumps constantly at work. At 10 P.M., finding 

there was no prospect of saving the vessel, as she would not steer, and the water being up 

to the midship beams, the Capt. Ordered the boats to be hoisted out and hailed the Ship to 

take the crew on board. At midnight the Barque took a long heel to port and continued 

lying down until 3 A.M. when deeming it unsafe to remain longer on board, they left the 

vessel and all hands went on board the “Queen Mab.”__ At 3:30 A.M. observed the 

Alhambra settling by the head, heel over to port and go down about two miles distant. 

The “Queen Mab” then made sail and continued on to New Orleans where she arrived 

this morning, 

and the said Master further says, that, as all the damage and injury which already has or may 

hereafter appear to have happened or accrued to the said Vessel or her aid cargo, has been 

occasioned solely by the circumstances herein before stated, and cannot nor ought to be 

attributed to any insufficiency of the said Vessel or default of him, this deponent, his officers or 

crew: he now requires me, the said Notary, to make his Protest and this public act thereof, that 

the same may serve and be of full force and value as of right shall appertain. And thereupon the 

said Master doth Protest, and I, the said Notary, at his special interest and request, do by these 

presents, publicly and solemnly Protest against Winds, Weather, Seas, Leaks and Foundering and 

against all and every accident, matter and thing, had and met with as aforesaid, whereby or by 

means whereof the said Vessel or her cargo, already has, or hereafter shall appear to have 

suffered or sustained damage or injury, for all losses, costs, charges, expenses, damages, and 

injury, which the said Vessel the owner or owners of the said Vessel or the owners, freighters or 

shippers of her said cargo, or any other person or persons interested or concerned in either, 

already have or may hereafter pay, sustain, incur, or be put unto by or on account of the 

premises, or for which the insurer or insurers of the said Vessel or her cargo is or are respectively 

liable to pay or make contribution or average according to custom, or their respective contracts 

or obligations; and that no part of such losses and expenses already incurred, or hereafter to be 

incurred, do fall on him the said James Lockhart, his officers or crew. 

 Thus Done and Protested, at my Office, in the City of New Orleans, this tenth day of May

in the year of our Lord one thousand eight hundred and forty-seven in the presence of E. Florian 

Malus and C. LaBedoyere Kernion Jr., both of this City, competent witnesses, who hereunto sign 

their names, together with the said Appearers, and me, said Notary. 

[Signed] 

E. Florian Malus James Lockhart 

C. LaBedoyere Kernion Jr. John Nelson Crompton 

 James Codman 

 

 X Henry Welker 

 

 Lucien Hermann 

Not. Pub. 

410
411
412
413
414
No. 138 240 

 

N.O. 15th March 1848. 

Protest 

Of the Brig G.W. Gifford 

Isaac W. Comery, master. 

United States of America, State of Louisiana, City of New Orleans 

By this public Instrument of Protest, Be it Known, That on the Fifteenth day of March in 

the year of our Lord one thousand eight hundred and forty-eight, and of the Independence of the 

United States of America, the Seventy-second, Before Me, Lucien Hermann, a Notary Public in 

and for the Parish of Orleans, dwelling in the City of New Orleans, State of Louisiana, duly 

Commissioned and Sworn, Personally Came and Appeared Isaac W. Comery, Master of the Brig

called the “G.W. Gifford”, and noted in due form of law with me the undersigned Notary his 

Protest, for the uses and purposes hereafter mentioned; and now, at this day, to wit, the day of the 

date hereof, before me, the said Notary, at the City of New Orleans aforesaid, again comes the 

said Isaac W. Comery and requires me to extend his Protest, and together with the said Isaac W.

Comery also come Rufus J. Torrance, first mate; Arthur C. Johnson, second Mate; George G. 

Scott and Florance Driscoll, seamen, belonging to the aforesaid Brig all of whom being by me 

duly sworn on the Holy Evangelists of Almighty God, voluntarily, freely, and solemnly do 

declare and depose as follows, that is to say, that on Tuesday the Twenty-ninth day of February 

last past, 1848 (civil time) he, the said Isaac W. Comery departed in and with the said Brig G.W. 

Gifford as Master thereof from Cienfuegos, Cuba having on board the said Brig a cargo of 

Merchandise, and bound for the Port of New York; that the said Brig was then stout, staunch, 

and strong; had her cargo well and sufficiently stowed and secured; was well masted and 

manned, tackled, victualled, appareled, and appointed; and was in every respect fit for the sea 

and the voyage she was about to undertake: 

Got ready for departure on the day and date aforesaid, and at 2 P.M. proceeded to 

sea with a Pilot on board__wind westerly and fine weather.__Wednesday March 1st

(nautical time) had pleasant weather and moderate breezes from the Westward, all said 

set.__ On the Second, Third and Fourth of March had pleasant weather and fine breezes, 

nothing occurring worthy of particular notice here until the Fifth, this day commences 

with light winds from the Northward, at 5 P.M. were in sight of Cape [San] Antonio; at 

5:30 tacked ship and stood to the North & westward; at 8 P.M. the Brig struck violently 

on the Colorado reef [near western end of Cuba above Cape San Antonio], tried the 

pumps and found she had spring a leak; every exertion was immediately made to get her 

off but without avail, and at daylight she was found to have five feet water in her hold, 

and in a sinking condition; at 10 A.M. sounded her pumps and found seven feet water in 

her hold.__The Sixth commences with fresh breezes and cloudy weather; at 1 P.M 

discovered the Vessel to be settling abaft, tried the lead and found she had three fathoms 

water under her stern, six feet amidship and two feet at the Bow; [241] at 2 P.M. the 

Vessel filled and was all under water to the fore hatch, and they were forced to abandon 

her,__Accordingly left her in their boat and were afterwards taken on board the Schooner 

Harvest, Capt. Rice, of Boston, bound to New Orleans where they arrived this day. 

__The Boat in which they left the vessel was given to Capt. Rice as some small 

remuneration for his trouble; 

and the said Master further says, that, as all the damage and injury which already has or may 

hereafter appear to have happened or accrued to the said Brig or her aid cargo, has been 

occasioned solely by the circumstances herein before stated, and cannot nor ought to be 

attributed to any insufficiency of the said Brig or default of him, this deponent, his officers or 

415
crew: he now requires me, the said Notary, to make his Protest and this public act thereof, that 

the same may serve and be of full force and value as of right shall appertain. And thereupon the 

said Master doth Protest, and I, the said Notary, at his special interest and request, do by these 

presents, publicly and solemnly Protest against Winds, Weather, Seas, Stranding &c and against 

all and every accident, matter and thing, had and met with as aforesaid, whereby or by means 

whereof the said Brig or her cargo, already has, or hereafter shall appear to have suffered or 

sustained damage or injury, for all losses, costs, charges, expenses, damages, and injury, which 

the said Vessel the owner or owners of the said Vessel or the owners, freighters or shippers of 

her said cargo, or any other person or persons interested or concerned in either, already have or 

may hereafter pay, sustain, incur, or be put unto by or on account of the premises, or for which 

the insurer or insurers of the said Vessel or her cargo is or are respectively liable to pay or make 

contribution or average according to custom, or their respective contracts or obligations; and that 

no part of such losses and expenses already incurred, or hereafter to be incurred, do fall on him 

the said Isaac W. Comery his officers or crew. 

 Thus Done and Protested, at my Office, in the City of New Orleans, this Fifteenth day of 

March in the year of our Lord one thousand eight hundred and forty-eight in the presence of 

William Plummer and E. Florian Malus, both of this City, competent witnesses, who hereunto 

sign their names, together with the said Appearers, and me, said Notary. 

[Signed] 

E. Florian Malus Isaac W. Comery 

Wm. Plummer Rufus J. Torrence, 1st Mate 

 Arthur C. Johnston, Seaman 

 

 George G. Scott, Seaman 

 X Florence Driscoll 

 

 

 Lucien Hermann 

Notary Public 

416
417
418
419
420
No. 99 174 

N.O. 23rd February 1848. 

Protest 

of the Ship Liverpool 

Chas. A. McLellan, master. 

United States of America, State of Louisiana, City of New Orleans 

By this public Instrument of Protest, Be it Known, That on the Twenty-first day of 

February in the year of our Lord one thousand eight hundred and forty-eight, and of the 

Independence of the United States of American, the Seventy-second, Before Me, Lucien 

Hermann, a Notary Public in and for the Parish of Orleans, dwelling in the City of New Orleans, 

State of Louisiana, duly Commissioned and Sworn, Personally Came and Appeared Charles A. 

McLellan, Master of the Am. Ship called the Liverpool, and noted in due form of law with me 

said Notary his Protest, for the uses and purposes hereafter mentioned; and now, at this day, to 

wit, the day of the date hereof, before me, the said Notary, at the City of New Orleans aforesaid, 

again comes the said Charles A. McLellan and requires me to extend his Protest, and together 

with the said Charles A. McLellan also come Timothy Batcheleur, William Smart, and Albion 

Dennison, belonging to the aforesaid Vessel all of whom being by me duly sworn on the Holy 

Evangelists of Almighty God, voluntarily, freely, and solemnly do declare and depose as 

follows, that is to say, that on Saturday the 11th day of December 1847 (civil time) he, the said 

Charles A. McLellan departed in and with the said Vessel as Master thereof from Corunna, Spain

having on board the said Vessel ~ Ballast, and bound for the Port of New Orleans, La. that the 

said Vessel was then stout, staunch, and strong; had her cargo well and sufficiently stowed and 

secured; was well masted and manned, tackled, victualled, appareled, and appointed; and was in 

every respect fit for the sea and the voyage she was about to undertake: 

Got ready for departure on the day and as above written, and at 6 A.M. the Pilot 

came on board when they hove up anchor, made sail and proceeded out to sea ~ At 9 

A.M. discharged the Pilot at 11 O’clock A.M., the wind hauled to the westward, the 

Island of Cisargas bearing by compass West distant 10 miles ~ Continued on their due 

course from day to day with nothing very material occurring worthy here of particular 

note until Tuesday the eleventh day of January 1848 which commences with strong 

breezes from the North and passing clouds ~ At 1 P.M. tacked ship to the E.N.E. Point 

Lavinal bearing S.S.E. distance 12 miles~ At 4 P.M. tacked ship to the W.N.W. and the 

wind hauled to the N.N.E., vessel heading to the N.W. – At 6 O’clock, the wind hauled to 

the N.E. and the ship come up to the N.W. by N. the Island of Guajaba [Cuba] bearing 

S.W., distant to the North, weather thick and hazy attended with rain, and a strong gale 

blowing ~ took in the main royal & mizzen topgallant sail, and tucked ship to the E. Y 

N., – furled topgallant sail and double reefed the Topsail ~ At Midnight the wind hauled 

to the N.E. by E. blowing very heavy with rain, tacked to the N.N.W., furled Mainsail 

and Jib –At 3:30 A.M. the wind hauled more to the north blowing heavily, attended with 

heavy squalls and thick, hazy weather – while proceeding on they discovered breakers 

under their Larboard bow and while in the act of weaving ship to the Eastward, the 

Vessel suddenly struck on a Reef and remained fast~ Immediately made every exertion to 

relieve the Vessel from her situation, clewed the sails and while in the act of getting the 

boat out to [175] carry out her anchors, the Vessel came round broad side to the Reef, 

unshipped her Rudder and soon after bilged~~At daylight discovered they were closer to 

Key Verde, or Green Key so called, being on the coast of Cuba in the old Bahama 

Channel~~Upon examination, finding the Vessel badly stranded and bilged with no 

possibility of her ever being gotten off, they commenced shipping her and having saved 

all that could be obtained, she was abandoned and the Master and crew together with the 

421
materials saved have since arrived at this port where the materials are to be sold at Public 

Auction for the benefit of all parties concerned, 

and the said Master further says, that, as all the damage and injury which already has or may 

hereafter appear to have happened or accrued to the said Vessel or her aid cargo, has been 

occasioned solely by the circumstances herein before stated, and cannot nor ought to be 

attributed to any insufficiency of the said Vessel or default of him, this deponent, his officers or 

crew: he now requires me, the said Notary, to make his Protest and this public act thereof, that 

the same may serve and be of full force and value as of right shall appertain. And thereupon the 

said Master doth Protest, and I, the said Notary, at his special interest and request, do by these 

presents, publicly and solemnly Protest against Winds, Weather, Seas, Stranding &c and against 

all and every accident, matter and thing, had and met with as aforesaid, whereby or by means 

whereof the said Vessel or her cargo, already has, or hereafter shall appear to have suffered or 

sustained damage or injury, for all losses, costs, charges, expenses, damages, and injury, which 

the said Vessel the owner or owners of the said Vessel or the owners, freighters or shippers of 

her said cargo, or any other person or persons interested or concerned in either, already have or 

may hereafter pay, sustain, incur, or be put unto by or on account of the premises, or for which 

the insurer or insurers of the said Vessel or her cargo is or are respectively liable to pay or make 

contribution or average according to custom, or their respective contracts or obligations; and that 

no part of such losses and expenses already incurred, or hereafter to be incurred, do fall on him 

the said Charles A. McLellan, his officers or crew. 

 Thus Done and Protested, at my Office, in the City of New Orleans, this Twenty-third

day of February in the year of our Lord one thousand eight hundred and forty-eight in the 

presence of William Plummer and E. Florian Malus, both of this City, competent witnesses, who 

hereunto sign their names, together with the said Appearers, and me, said Notary. 

[Signed] 

E. Florian Malus Charles A. McLellan 

Wm. Plummer Timothy Batcheleur 

 X William Smart 

 

 Albion Dennison 

 

 Lucien Hermann 

Not. Pub. 

422
423
424
425
426
No. 419 296 

New Orleans, 15th November 1849 

Registry of the Protest 

Of Bark Elijah Swift 

at the request of 

Gordon Plummer 

United States of America, 

State of Louisiana, 

City of New Orleans 

Be it Known that on this Fifteenth day of November, in the year of our Lord one 

thousand eight hundred and forty-nine, and in the Seventy-fourth of the Independence of the 

United States of America, 

Before Me, Lucien Hermann, a Notary Public duly Sworn and Commissioned in and for 

this Parish of Orleans, State of Louisiana, and in the presence of witnesses hereinafter named and 

undersigned, 

Personally Came and Appeared Gordon Plummer Esquire, a resident of this city of New 

Orleans; Who presented to me, the undersigned notary, a certain document or Instrument of 

Writing purporting to be a certified copy of the Protest of the Bark called the “Elijah Swift” 

made and extended by David A. Nye, master thereof and part of his crew, before Joshua S. Secor 

a notary public in and for Mobile County, State of Alabama, on the Eighth day of November 

instant; and further requested me, said notary, to enregister and transcribe the same in extenso 

into my current Notarial Register, there to remain and serve for reference in case of need 

hereafter; which said Document is in the words and figures following, To wit: 

“United States of America, 

 State of Alabama, 

 Mobile County 

 By this Public Instrument of Protest, 

 Be it known and made manifest to all whom these presents shall or may concern, 

that on the Eighth day of November in the year of our Lord One thousand eight hundred and 

forty-nine, Before me Joshua S. Secor, notary public in and for said County, duly commissioned 

and sworn, dwelling in the city of Mobile, ~ Personally came and appeared, David A. Nye, 

master of the Bark called the Elijah Swift belonging to the Port of Falmouth, Mass. of the 

burthen of three hundred and ninety-five tons, or thereabouts, who now wishes to extend a 

Protest and for that purpose has brought with him Henry W. Kay, mate of said Bark who being 

by me duly sworn according to law, do severally declare and say of their own free will and 

accord, that they the said Master and mate sailed from the Port of New York for the Port of New 

Orleans on board of said Bark, she being laden with an assorted Cargo of Merchandise, on 

Saturday the 20th day of October last – viz. Said Bark being at anchor in the North River at 5 

A.M. the Pilot came on board – weighed anchor and proceeded toward sea. At 4 P.M. anchored 

off the S.W. Buoy[?], New York Bay[?], the wind being from S.S.E. – Sunday the 21st at 1 P.M. 

weighed anchor and proceeded to see in company with ship Nicholas Biddle – wind S.S.E. – At 

8 o’clock P.M. the lights on the Highlands bore N.W. by compass distant about eight miles, from 

which they took their departure. Nothing worthy of particular remark occurred until the 28th – At 

5 P.M. spoke the ship E. Perkins from Liverpool for New Orleans. At 11 P.M. the Hole in the 

Wall [Abacos, Bahamas] light bore north by compass distant about four miles. Monday the 29th

at 2 P.M. came to anchor with both anchors off the Great Isaacs [Bahamas] with fifty fathoms 

chain on the larboard and about fifteen on the Starboard in nine fathoms water, the Northwestern 

427
point of the Island bearing by compass S.E. by S. distant about two miles; the weather fine and 

the wind moderate from S.S.W. Furled all sails and got on deck fifty fathoms of the Starboard 

and fifteen fathoms of the larboard chain. At 2 A.M. the wind changed suddenly to North West 

and blew with great violence accompanied with very heavy rain. Immediately set the watch to 

paying out the Starboard chain. Finding the ship dragging her anchors, called all hands and paid 

out to the bitter ends of both chains. The Ship still continuing to drag, cut away the Foremast. 

While in the act of cutting away the mainmast, the ship struck, and while endeavoring to save 

their lives, she went to pieces. A very heavy sea breaking on the Rocks, by daylight the vessel 

was entirely broken to atoms, the wreck washed ashore and the Cargo entirely destroyed. 

 On the first day of November instant the master, mate and the survivors of the 

passengers and crew were taken off the Island by the ship Bangor, Philbrook master, and on the 

Seventh instant they arrived at the Port of Mobile. 

 And the said Appearers did further severally declare, that the said Bark at the time 

of her departure from New York aforesaid, upon the said intended voyage, was tight, staunch, 

and strong, and had her hatches will and sufficiently caulked and covered, and was well and 

sufficiently manned, provided and furnished with all things needful and necessary for the said 

voyage, and that during the said voyage the said appearers and [297] Ship’s company used their 

utmost endeavors to preserve the said Bark and the Goods of her loading from damage. 

 (Signed) David A. Nye 

 

 “ Henry W. Kay 

 And therefore the said David A. Nye did declare to Protest, as by these presents 

he doth solemnly Protest against all and every person or persons whom it shall or may concern; 

and doth declare that all damages, losses, and detriments that have happened to the said Bark and 

the Goods of hear loading are, and ought to be borne by the Merchants and Freighters interested, 

or whomsoever else it shall or may concern, (by way of Average or otherwise,) the same having 

occurred as is before mentioned, and not by or through the insufficiency of the said Bark or 

neglect of said first appearer, his officers, or any of his mariners. 

{J.S. Secor, 

Notary Public 

Mobile, Ala. 

[SEAL]} 

 

 All which matters and things were declared, alleged and affirmed, as is before set 

forth in the presence of me, the said notary; and, therefore, I have hereunto subscribed my name 

and affixed my Notarial Seal, being requested to testify and certify the premises. 

 Thus done and Protested at Mobile aforesaid, the day and year above written. 

 J.S. Secor, Notary Public 

The State of Alabama, }S.S. 

Mobile County } 

 I, Joshua S. Secor, Notary Public in and for said County, duly commissioned and 

sworn, dwelling in the city of Mobile, do hereby certify the foregoing as a true and correct copy 

of the Original Protest of David A. Nye, master of the Bark Elijah Swift of Falmouth on record 

in my office.__I further certify that the mariners of said Bark, when requested to sign the original 

Protest of which this is a copy, refused in my presence to sign any Protest whatever, unless the 

Master would furnish such of them with a suit of clothes. 

428
{J.S. Secor, 

Notary Public 

Mobile, Ala. 

[SEAL]} 

 Witness, my hand and Notarial Seal, this Eighth day of November in the year of 

our Lord One thousand eight hundred and forty-nine. 

 J.S. Secor, Notary Public 

 And next to the aforesaid Copy of Protest above transcribed and registered comes 

a certified copy of a declaration made by W.J. Philbrook, master of the ship Bangor, and being in 

the words following, To wit:____I William J. Philbrook, master of the ship Bangor of New 

Orleans do hereby certify that on the first day of November instant I received on board my ship 

the Master and Mate and the survivors of the passengers and Crew of the Bark Elijah Swift of 

Falmouth, and that said Bark and her cargo were entirely destroyed Said Vessel having been 

wrecked as is set forth in the foregoing Protest. 

Mobile November 8th 1849 

 (Signed) W.J. Philbrook 

 A true copy 

 J.S. Secor” 

 And I, the said Notary, after having carefully compared and collated the said 

Original Document or Instrument of writing with the foregoing transcript or record thereof, and 

found the same to correspond in every respect and particular, did deliver the said original 

Document to the said Gordon Plummer who hereby acknowledges the receipt and possession 

thereof. 

 Thus Done and Registered, in my office, at the city of New Orleans aforesaid, on 

the day, month and year first above written in the presence of Edw. Florian Malus and Edward 

Toby, competent witnesses, who have hereunto signed their names with the said appearer and me 

notary. 

E. Florian Malus Gordon Plummer 

Edward Toby 

 L. Hermann 

 Not. Pub. 

429
430
431
432
433
No. 107 195 

25 February 1850 

Protest of Schooner Lucifer 

John Lawson, Master 

United States of America, State of Louisiana, City of New Orleans 

By this public Instrument of Protest, Be it Known, That on the Twentieth day of February

in the year of our Lord one thousand eight hundred and fifty, and of the Independence of the 

United States of America, the Seventy-fourth, Before Me, Lucien Hermann, a Notary Public in 

and for the Parish of Orleans, dwelling in the City of New Orleans, State of Louisiana, duly 

Commissioned and Sworn, Personally Came and Appeared John Lawson, Master of the 

Schooner called the Lucifer, and noted in due form of law with me said Notary his Protest, for 

the uses and purposes hereafter mentioned and now, at this day, to wit, the day of the date hereof, 

before me, the said Notary, at the City of New Orleans aforesaid, again comes the said John 

Lawson and requires me to extend his Protest, and together with the said John Lawson also come 

James McFarland (and James Miller, Master of the Schooner Major Beach also in tow of the said 

Steamer at the time of the disaster hereinafter mentioned) belonging to the aforesaid Schooner all 

of whom being by me duly sworn on the Holy Evangelists of Almighty God, voluntarily, freely, 

and solemnly do declare and depose as follows, that is to say, that on Saturday, the ninth day of 

February, instant 1850, he, the said John Lawson departed in and with the said Schooner Lucifer

as Master thereof from Mermentau River having on board the said Schooner a cargo of Sugar, 

molasses, and hides, and bound for the Port of New Orleans, La. that the said Schooner was then 

stout, staunch, and strong; had her cargo well and sufficiently stowed and secured; was well 

masted and manned, tackled, victualled, appareled, and appointed; and was in every respect fit 

for the sea and the voyage she was about to undertake: 

On the Day and Date above mentioned got under way at eight o’clock in the 

morning, proceeded down the said River Mermentau, crossed the Bar 

thereof on the same day at Ten o’clock in the morning and stood out for 

Sea East, the Bar bearing West; on Sunday the Tenth of February, had 

North West wind; on the next day, the eleventh, wind blowing North 

West; On Tuesday, the Twelfth of February, at eight o’clock P.M. came to 

anchor in three fathoms of water at a distance of about One hundred and 

Ninety miles from the mouth of Said Mermentau River; on Thursday, the 

Thirteenth of February, at six O’clock A.M. parted the Cable and lost the 

Anchor; made sail, double reef, mainsail and foresail, wind blowing West 

and Course East North East; on Thursday, the Fourteenth, hove to under 

mainsail and jib during the night. On Friday, the fifteenth, at four [196] 

O’clock A.M. made all sails, steering north, and made the South West pass 

Light; On the same day, at ten o’clock A.M. the Tow Boat Star came 

along side, took hold of the Schooner and towed her over the Bar; parted 

the Schooner from the Tow Boat, put her under all sails and came 

alongside of the wood wharf there and made fast; The next day, Saturday 

the Sixteenth, cleared the deck and got ready for a Tow; On Sunday, the 

Seventeenth at Ten o’clock A.M. the Tow Boat Shark came alongside and 

took the Schooner in Tow astern, and while being towed up the River in 

Consequence of She being forced along too rapidly, the water came over 

her deck causing her to capsize by reason of which the Said Schooner 

filled with water and sunk entirely, near the place called the Spanish 

Stones about fifty miles from this city~~~ 

434
and the said J. Lawson further says, that, as all the damage and injury which already has or may 

hereafter appear to have happened or accrued to the said Schooner or her aid cargo, has been 

occasioned solely by the circumstances herein before stated, and cannot nor ought to be 

attributed to any insufficiency of the said John Lawson or default of him, this deponent, his 

officers or crew: he now requires me, the said Notary, to make his Protest and this public act 

thereof, that the same may serve and be of full force and value as of right shall appertain. And 

thereupon the said J. Lawson doth Protest, and I, the said Notary, at his special interest and 

request, do by these presents, publicly and solemnly Protest against Winds, Weather, Seas, total 

loss of vessel, cargo, and specie while proceeding up the River in Tow of the Steamer Shark~~ 

and against all and every accident, matter and thing, had and met with as aforesaid, whereby or 

by means whereof the said Schooner or her cargo, already has, or hereafter shall appear to have 

suffered or sustained damage or injury, for all losses, costs, charges, expenses, damages, and 

injury, which the said Schooner the owner or owners of the said Schooner or the owners, 

freighters or shippers of her said cargo, or any other person or persons interested or concerned in 

either, already have or may hereafter pay, sustain, incur, or be put unto by or on account of the 

premises, or for which the insurer or insurers of the said Schooner or her cargo is or are 

respectively liable to pay or make contribution or average according to custom, or their 

respective contracts or obligations; and that no part of such losses and expenses already incurred, 

or hereafter to be incurred, do fall on him the said John Lawson his officers or crew. 

 Thus Done and Protested, at my Office, in the City of New Orleans, this Twenty-fifth day 

of February in the year of our Lord one thousand eight hundred and fifty in the presence of C. 

LaBedoyere Kernion Jr. & E. Florian Malus, both of this City, competent witnesses, who 

hereunto sign their names, together with the said Appearers, and me, said Notary. 

[Signed] 

Edward Toby [signed as witness, but not named above] John Lawson 

 

E. Florian Malus James McFarland 

 

Charles LaBedoyere Kernion Jr. James Miller, master 

 Schooner Major Beach 

 

L. Hermann 

 Not. Pub. 

435
436
437
438
439
No. 81, 11 February 1850 148 

Protest of Ship Russia 

P.O Wilson, Master 

United States of America, State of Louisiana, City of New Orleans 

By this public Instrument of Protest, Be it Known, That on the Eleventh day of February

in the year of our Lord one thousand eight hundred and fifty, and of the Independence of the 

United States of America, the Seventy-fourth, Before Me, Lucien Hermann, a Notary Public in 

and for the Parish of Orleans, dwelling in the City of New Orleans, State of Louisiana, duly 

Commissioned and Sworn, Personally Came and Appeared P.O. Wilson, Master of the Am. Ship

called the Russia, and noted in due form of law with me said Notary his Protest, for the uses and 

purposes hereafter mentioned and now, at this day, to wit, the day of the date hereof, before me, 

the said Notary, at the City of New Orleans aforesaid, again comes the said P.O. Wilson and 

requires me to extend his Protest, and together with the said P.O. Wilson also come William 

Jones 1st Mate; Peter Holmes, carpenter; Samuel Haggett, Matthew Deiurna[?], John Douglass, 

James Sommers, Francis Brown, Wm. H. White, Andrew Crawford, Andrew Dreyer[?], Peter 

Halset, Frederick Brown, James Spencer, seamen; & Angelo Smith, cook, all belonging to the 

aforesaid ship all of whom being by me duly sworn on the Holy Evangelists of Almighty God, 

voluntarily, freely, and solemnly do declare and depose as follows, that is to say, that on 

Monday, fourth day of February 1850 (civil time), he, the said P.O. Wilson departed in and with 

the said Ship as Master thereof from the port of New Orleans having on board the said Vessel a 

cargo of assorted Merchandise, and bound for the Port of San Francisco, Cala. that the said 

Vessel was then stout, staunch, and strong; had her cargo well and sufficiently stowed and 

secured; was well masted and manned, tackled, victualled, appareled, and appointed; and was in 

every respect fit for the sea and the voyage she was about to undertake: 

Got ready for departure on the day and date above written, cast off from alongside 

the Levee 2 @ My at 4 P.M. and proceeded down the River Mississippi in tow of 

Steamer Defiance and after some delay in 3 @ My making up the tow they left the 

harbor and continued down said river until the succeeding day at 11 A.M. when 

the Pilot brot [sic] the Ship to anchor, waiting for high water on the Bar ~~ 

Wednesday 6th February (sea time) commenced with moderate breezes from N 

and Eastward – At 2 P.M. the Steamer Phoenix came alongside, weighed anchor, 

and at 3 P.M. passed over the bar at the mouth of the river, when having 

discharged the Pilot and cast off from both Steamers, they made sail and stood out 

to sea, steering to the Southward and Eastward – At 12 midnight tacked Ship to 

the Northward – Middle part baffling winds – At 8 A.M. S.W. Pass Light in sight 

bearing N.W. by W. distant about 12 miles, tacked Ship to the Southward – day 

end, with moderated breezes and fine weather – all drawing sail set by the wind – 

Lat. By Obs. 28.35 North – Thursday 7th Feby. comes in with fresh breezes from 

the Eastward; [149] at 9 P.M. encountered heavy squalls from the Eastward – 

double reefed Topsails, took in Jib, Mainsail, and spanker and wore Ship to the 

Southward – Middle part of this day had strong gales from E. by S. At 4 A.M. 

wove Ship to the Northward & set the Mainsail, Jib, and Spanker – at 6 let one 

reef out of the topsails – wind more moderate – day ends pleasant – Friday 8th

February comes in with steady breeze, E.S.E. and cloudy weather – all drawing 

sails set by the wind – At 6 P.M. tack ship to the Southward – at 8 P.M. tacked to 

the Northward and Eastward – at about 8:30 P.M. discovered smoke to be issuing 

from the Cabin Hatch. Immediately made all exertion in their power to confine 

the fire by fastening the Cabin & securing doors, windows, & and kept the vessel 

off to the Northward and westward – At about 10 P.M. the fire burst out from the 

Cabin door & windows when the Captain was compelled to order the boat 

440
launched, which being done all hands abandoned the Vessel, it being impossible 

for them to remain on board any longer without imminent danger of their lives – 

Remained near the Ship until she grounded opposite the Pilot Station, when the 

officers & crew were assisted to the shore by Pilot – and afterward took passage 

in the Steamer Mary Kingsland for New Orleans, the Vessel in the meantime 

having burnt to the Water’s edge

and the said Master further says, that, as all the damage and injury which already has or may 

hereafter appear to have happened or accrued to the said vessel or her aid cargo, has been 

occasioned solely by the circumstances herein before stated, and cannot nor ought to be 

attributed to any insufficiency of the said vessel or default of him, this deponent, his officers or 

crew: he now requires me, the said Notary, to make his Protest and this public act thereof, that 

the same may serve and be of full force and value as of right shall appertain. And thereupon the 

said Wilson doth Protest, and I, the said Notary, at his special interest and request, do by these 

presents, publicly and solemnly Protest against Winds, Weather, Seas, Fire &c and against all 

and every accident, matter and thing, had and met with as aforesaid, whereby or by means 

whereof the said vessel or her cargo, already has, or hereafter shall appear to have suffered or 

sustained damage or injury, for all losses, costs, charges, expenses, damages, and injury, which 

the said vessel the owner or owners of the said vessel or the owners, freighters or shippers of her 

said cargo, or any other person or persons interested or concerned in either, already have or may 

hereafter pay, sustain, incur, or be put unto by or on account of the premises, or for which the 

insurer or insurers of the said vessel or her cargo is or are respectively liable to pay or make 

contribution or average according to custom, or their respective contracts or obligations; and that 

no part of such losses and expenses already incurred, or hereafter to be incurred, do fall on him 

the said P.O. Wilson his officers or crew. 

 Thus Done and Protested, at my Office, in the City of New Orleans, this Eleventh day of 

February in the year of our Lord one thousand eight hundred and fifty in the presence of Edwd. 

Toby and E. Florian Malus, both of this City, competent witnesses, who hereunto sign their 

names, together with the said Appearers, and me, said Notary. 

[Signed] 

Edward Toby 

E. Florian Malus 

 

P.O. Wilson, Master Francis Brown, Seaman 

William Jones, mate William H. White, do. 

Peter Holmes, carpenter Andrew Crawford, do. 

Samuel Haggett, Seaman Andrew Dweyer[?], do 

Matthew Deiurna[?], Seaman Peter Halset, do. 

John Douglass, do. X Frederick Brown, do. 

James Sommers, do. X Angelo P. Smith, cook 

James Spencer, Seaman 

 Lucien Hermann 

Notary Public 

441
442
443
444
445
No. 59, March 4th 1844 110 

Protest of Steam Boat Buckeye 

United States of America, State of Louisiana, City of New Orleans 

By this public Instrument of Protest, Be it Known, That on the Second day of March in 

the year of our Lord one thousand eight hundred and forty-four, and of the Independence of the 

United States of America, the sixty-eighth, Before Me, Greenbury Ridgely Stringer, a Notary 

Public in and for the Parish of Orleans, dwelling in the City of New Orleans, State of Louisiana, 

duly Commissioned and Sworn, Personally Came and Appeared George H. Caldwell, Master of 

the Steam Boat called the Buckeye, and noted in due form of law with me—the aforesaid Notary

his Protest, for the uses and purposes hereafter mentioned and now, at this day, to wit, the day of 

the date hereof, before me, the said Notary, at the City of New Orleans aforesaid, again comes 

the said George H. Caldwell and requires me to extend his Protest, and together with the said 

Master also come Austin T. Herring, Pilot; John Drown, Eng.; Wm. H.H. Drown, do.; J. Figg, 

deck hand; Saml. Lecoye, Bar Keeper; Lewis Rhodes and Joseph Marten, Deck hands, belonging 

to the aforesaid Steam Boat Buckeye all of whom being by me duly sworn on the Holy 

Evangelists of Almighty God, voluntarily, freely, and solemnly do declare and depose as 

follows, that is to say, that on the Twenty-seventh day of February last past, he, the said Master

departed in and with the said Steamer as Master thereof from the port of New Orleans having on 

board the said Boat a cargo of Merchandise &c, and bound for the Port of Ouachita, La. that the 

said Steamer Buckeye was then stout, staunch, and strong; had her cargo well and sufficiently 

stowed and secured; was well manned, tackled, victualled, appareled, and appointed; and was in 

every respect fit for the voyage she was about to undertake: 

Nothing very material occurred worthy of Note from the time the Steamer left 

New Orleans until Friday morning the first day of March following. 

– On this latter day at Three O’clock A.M. entered the lower mouth of Old River, 

proceeded nearly two miles, and was passing one of the Bends to the left of the middle of 

the river, as far in shore as it was safe to run, in consequence of the many snags about 

there and also a large Bar that makes out near to the middle of the river on the left~ 

– At this time (it being bright moonlight and clear weather) The Pilot of the 

Buckeye first discovered a Steamboat (since ascertained to be the De Soto) coming in a 

different direction towards the Buckeye ~~ Immediately rang the alarm Bell, stopped the 

engine and endeavored to back the boat and if possible avoid a collision, but before this 

could be done, the De Soto run [sic] into the Buckeye striking her on the starboard side 

between the Hatch and Jackstaff causing her to sink almost immediately [111] after in 

about twenty-five feet of water, where she now lies, with the end of her yawl (then) 

above water ~~ 

– After the collision, the De Soto’s stern swung round along the Starboard side of 

the Buckeye, and then drifted into the bend on the opposite side of the river, carrying 

with her the Cabin of the Buckeye, which had separated from the Hull~ 

And the said appearers further state that at the time of the collision, the Buckeye 

was in her proper position, in pursuing her voyage and that the De Soto struck her at 

nearly right angles & the stern of the De Soto swung round to the stern of the Buckeye, 

leaving the bows of both Boats pointing up the River 

and the said appearers further says, that, as all the damage and injury which already has or may 

hereafter appear to have happened or accrued to the said Steamboat or her said cargo, has been 

446
occasioned solely by the circumstances herein before stated, and cannot nor ought to be 

attributed to any insufficiency of the said Steamboat Buckeye or default of him, this deponent, 

his officers or crew: he now requires me, the said Notary, to make his Protest and this public act 

thereof, that the same may serve and be of full force and value as of right shall appertain. And 

thereupon the said George H. Caldwell doth Protest, and I, the said Notary, at his special interest 

and request, do by these presents, publicly and solemnly Protest against Winds, Weather, Seas, 

collisions &c and against all and every accident, matter and thing, had and met with as aforesaid, 

whereby or by means whereof the said Steamboat or her cargo, already has, or hereafter shall 

appear to have suffered or sustained damage or injury, for all losses, costs, charges, expenses, 

damages, and injury, which the said Steamboat the owner or owners of the said Steamboat or the 

owners, freighters or shippers of her said cargo, or any other person or persons interested or 

concerned in either, already have or may hereafter pay, sustain, incur, or be put unto by or on 

account of the premises, or for which the insurer or insurers of the said Steamboat or her cargo is 

or are respectively liable to pay or make contribution or average according to custom, or their 

respective contracts or obligations; and that no part of such losses and expenses already incurred, 

or hereafter to be incurred, do fall on him the said George H. Caldwell his officers or crew. 

 Thus Done and Protested, at my Office, in the City of New Orleans, this Fourth day of 

March in the year of our Lord one thousand eight hundred and forty-four in the presence of A.C. 

Ainsworth and Gordon Plummer, both of this City, competent witnesses, who hereunto sign their 

names, together with the said Appearers, and me, said Notary. 

[Signed] 

A.C. Ainsworth Geo. H. Caldwell, Master 

Gordon Plummer Austin P. Herring, Pilot 

 John Drown, Eng. 

 Wm. H.H. Drown, Do. 

 James Figg, deck hand 

 Samuel Le Coye, Bar Keeper 

 X Lewis Rhodes, deck hand 

 Joseph Marten, deck hand 

 G.R. Stringer 

 Notary Public 

447
448
449
450
451
452
453
454
No. 12, January 13th 1845 22 

Protest of Flat Boat Number One 

United States of America, State of Louisiana, City of New Orleans 

By this public Instrument of Protest, Be it Known, That on the Thirteenth day of January

in the year of our Lord one thousand eight hundred and forty-five, and of the Independence of 

the United States of America, the sixty-ninth, Before Me, Greenbury Ridgely Stringer, a Notary 

Public in and for the Parish of Orleans, dwelling in the City of New Orleans, State of Louisiana, 

duly Commissioned and Sworn, Personally Came and Appeared Moses Craige, Master or 

Captain of the Flat Boat called the “Number One”, who on the ninth instant at Grand Gulf, in 

Claiborne Co., Missp. noted in due form of law with W.B. McLean, a Justice of the Peace & ex 

officio Notary therein, his Protest, for the uses and purposes hereafter mentioned and now, at this 

day, to wit, the day of the date hereof, before me, the said Notary, at the City of New Orleans 

aforesaid, again comes the said Moses Craige – and requires me to extend his Protest, and 

together with the said Moses Craige – also come Henry Connolley and Samuel Reynolds, hands 

or laborers belonging to the aforesaid Flat Boat all of whom being by me duly sworn on the Holy 

Evangelists of Almighty God, voluntarily, freely, and solemnly do declare and depose as 

follows, that is to say, that on the eleventh of December last past /1844/ he, the said Craige

departed in and with the said Flat Boat as Master thereof from Louisville, Kentucky having on 

board the said Flat Boat a cargo of Oats, Corn, Flour & Shorts [type of dough or bread made 

with lard], and bound for the Port of New Orleans that the said Flat Boat was then stout, staunch, 

and strong; had her cargo well and sufficiently stowed and secured; was well manned, tackled, 

victualled, appareled, and appointed; and was in every respect fit for the voyage she was about to 

undertake: 

– Nothing material occurred during the trip downward, until Sunday night the 

fifth instant: At about 10 o’clock P.M. while said flat Boat was lying at anchor in about 

eight-feet of water, and about fifty feet from the shore at Palmyra Island in the 

Mississippi River, they were visited by a very sudden and violent hurricane accompanied 

by a driving heavy rain, which broke the said Boat from her moorings, causing her to 

drag her anchor out into the stream where no bottom could be reached. 

– The Boat was wide adrift in the channel which was running with a rapid current 

between the island and the shore, and the wind was blowing with terrible violence 

directly down stream. 

During all this time, the Captain and hands on board were using their utmost skill, 

and strenuous exertions to make a landing, but this seemed to be impossible. 

– After drifting thus, about one fourth of a mile, said Boat struck a snag side wise 

on, which made a hole in her, and she immediately commenced filling with water: As 

soon as this was discovered, set all hands to pumping and bailing the water out, but by 

the time she had drifted the distance of one hundred yards below said snag, she sunk to 

the roof: continuing to float, however, until we got to the Head of Big Black Island, 

where she struck heavily on the Bar where her remains are still supposed to be. 

– At this place, to wit, at the Point Pleasant Plantation, we succeeded in taking 

from the Boat, Ninety-one Barrels of Flour and about 100 Gunny sacks [?], all of which 

had been under water, and all of which were damaged in a greater or less degree: By the 

time this was done, the Boat had settled so low that nothing could be saved. 

455
– The damaged Flour saved as above stated was left in the care of three hands, 

while [23] the present three appearers proceeded to Grand Gulf, a distance of fourteen 

miles, in order to make the Note of Protest aforementioned. 

– On their return, exertions were made to bring the flour down, and on Friday the 

10 instant, the Steam Boat Iretana[?] [Sretana?] was engaged to take the said Flour to the 

port of destination, where it has since arrived. 

– The appearers declare that the said Boat was not left nor abandoned until she 

was totally lost, and that no exertions were spared to save the said Boat, and all of the 

cargo therein which it was possible to get out, 

and the said Moses Craige further says, that, as all the damage and injury which already has or 

may hereafter appear to have happened or accrued to the said Flat Boat or her said cargo, has 

been occasioned solely by the circumstances herein before stated, and cannot nor ought to be 

attributed to any insufficiency of the said Flat Boat or default of him, this deponent, his officers 

or crew: he now requires me, the said Notary, to make his Protest and this public act thereof, 

that the same may serve and be of full force and value as of right shall appertain. And thereupon 

the said Moses Craige doth Protest, and I, the said Notary, at his special interest and request, do 

by these presents, publicly and solemnly Protest against Winds, Weather, hurricanes, snags, bars, 

strandings &c and against all and every accident, matter and thing, had and met with as 

aforesaid, whereby or by means whereof the said Flat Boat or her cargo, already has, or hereafter 

shall appear to have suffered or sustained damage or injury, for all losses, costs, charges, 

expenses, damages, and injury, which the said Flat Boat the owner or owners of the said Flat 

Boat or the owners, freighters or shippers of her said cargo, or any other person or persons 

interested or concerned in either, already have or may hereafter pay, sustain, incur, or be put unto 

by or on account of the premises, or for which the insurer or insurers of the said Flat Boat or her 

cargo is or are respectively liable to pay or make contribution or average according to custom, or 

their respective contracts or obligations; and that no part of such losses and expenses already 

incurred, or hereafter to be incurred, do fall on him the said Moses Craige, Master, his officers or 

crew. 

 Thus Done and Protested, at my Office, in the City of New Orleans, this Thirteenth day 

of January in the year of our Lord one thousand eight hundred and forty-five in the presence of 

A.C. Ainsworth and William Shannon, both of this City, competent witnesses, who hereunto sign 

their names, together with the said Appearers, and me, said Notary. (five words interlined) 

[Signed] 

A.C. Ainsworth X Moses Craige 

William Shannon Henry Connolley 

 X Samuel Reynolds 

 G.R. Stringer 

 Notary Public 

The State of Mississippi } Personally appeared before the undersigned Justice of the Peace, in 

Claiborne County, SS } and for the said County & Ex officio Notary Public, Moses Craige, 

Captain of the Flat Boat Number One shipped from Louisville, Kentucky and loaded with Oats, 

Corn, Flour & Shorts, to wit, with 1770 Sacks of Oats, 150 Sacks of Corn, 118 Barrels of Flour, 

& 500 Sacks of Shorts to William & David Davies, the said Moses Craige, first being duly sworn 

deposes, and says that on Sunday the 5th day of January 1845 about 10 O’clock, last night while 

456
the said Boat Number One was lying at the shore of Palmyra Island in the Mississippi River, 

there arose a violent storm, which broke the said Boat Number One from the shore, and that after 

the said Boat had floated about 1⁄4 of a mile, she struck a snag & immediately began filling with 

water, and that as soon as he discovered it he set all of the hands, viz five, to pumping, and 

bailing her out, but about 100 yds. below the snag she sunk to the roof, but continued to float 

until she got to the head of Big Black Island, where she struck the bar, at which place, to wit at 

the Point Pleasant Plantation, he succeeded in taking from her 90 Barrels of flour from the said 

boat, all of which was more or less damaged, that the Boat by this time settled so low, that 

nothing more could be done with her, that the deponent secured the Flour so saved, and left it in 

the care [of] three hands, to keep guard over it, that nothing was left undone that was in his 

power to be done, to save the Boat and Cargo, nor did he, or his hands at any time abandon her, 

until she was lost, and that no effort was spared, which could in anywise be made use of, so long 

as he was able or saw there was any necessity for any further labor. 

Sworn to and subscribed this 9th day of X Moses Craige 

Jany. 1845 

Wm. B. McLean, J.P. {Seal} 

Come also Henry Connolley & Samuel Reynolds, who being duly sworn, corroborate the 

statement of Moses Craige set forth in the above affidavit, they being two of the hands on the 

said flat Boat at the time she sunk. 

Sworn to and subscribed this 9th day of Henry Connolley 

Jany. 1845 

Wm. B. McLean, J.P. {Seal} X Samuel Reynolds 

Now therefore know all men by these presents that William B. McLean, Justice of the Peace & 

Ex officio Notary Public, residing in the City of Grand Gulf, Miss., qualified according to Law, 

did Protest and by these Presents do solemnly and publicly Protest as well against the 

underwriters of said flat Boat Number One as against all whom it doth or may concern for all 

loss or damage, which may arise as of the aforesaid accident. 

Thus solemnly done and Protested at Grand Gulf on this the 9th day of January, 

1845 as witness my hand and Seal of Office 

 W. B. McLean, J.P. {Seal} 

 Ex officio Not. Public 

457
458
459
460
461
462
463
464
No. 16, January 15th 1845 32 

Protest of Steam Boat Florence 

United States of America, State of Louisiana, City of New Orleans 

By this public Instrument of Protest, Be it Known, That on the Fifteenth day of January in 

the year of our Lord one thousand eight hundred and forty-five, and of the Independence of the 

United States of America, the sixty-ninth, Before Me, Greenbury Ridgely Stringer, a Notary 

Public in and for the Parish of Orleans, dwelling in the City of New Orleans, State of Louisiana, 

duly Commissioned and Sworn, Personally Came and Appeared Henry C. Gray, Clerk of the 

Steam Boat called the Florence, who declared that on the third day of January instant, the Master 

Matthew W. Irwin noted in due form of law with (himself and others) before Richmon A. Jones 

Justice of the Peace in and for County of Philips, State of Arkansas his Protest, for the uses and 

purposes hereafter mentioned and now, at this day, to wit, the day of the date hereof, before me, 

the said Notary, at the City of New Orleans aforesaid, again comes the said Henry C. Gray and 

requires me to extend his Protest, and together with the said Gray also come George Cahill, 

Mate; Andrew Parel, Peter Byrne, deck hands, belonging to the aforesaid Boat all of whom being 

by me duly sworn on the Holy Evangelists of Almighty God, voluntarily, freely, and solemnly do 

declare and depose as follows, that is to say, that on Tuesday the Twenty-fourth day of 

December last past at about 11 A.M. he, the said Gray departed in and with the said Steamer 

Florence as Clerk thereof from Waterloo, Lauderdale County, Alabama having on board the said 

Steamer a cargo of Merchandise, and bound for the Port of New Orleans that the said Boat was 

then stout, staunch, and strong; had her cargo well and sufficiently stowed and secured; was well 

manned, tackled, victualled, appareled, and appointed; and was in every respect fit for the 

voyage she was about to undertake: 

On the day and date above mentioned, they proceeded on the passage as 

aforesaid, having then on board part of her lading only, and stopping at sundry ports and 

places on the rivers to take on board more Cargo &c ~~ Nothing very material happened 

worthy of note until the Third day of January following, about half past Seven O’clock 

A.M. when having arrived to within about one-half of a mile above the foot of the Island 

Number Sixty-three on the Arkansas side of said Island, and being at this time near the 

middle of the Mississippi River, under an ordinary pressure of Steam, the Boat suddenly 

struck (what was supposed to be) a snag, which perforated the Hull on the forward part of 

the Starboard side, and cause the Boat to fill with water very rapidly ~~ The Captain 

immediately gave orders to have the Steamer rounded to, to get her into shoal water, and 

while doing so, she sunk in about ten [33] minutes in nearly ten feet water ~~ 

Immediately made every exertion in their power to save property, all persons on 

board being employed, and also sent for extra assistance, Flat Boat &c which they 

succeeded in obtaining as soon as possible and every exertion in their power was made, 

night and day, to save property ~~ 

Having succeeded in getting out some Cargo into the Flat it was soon after 

reshipped on board Steamer Linwood, [blank left for name] Master, for New Orleans ~~ 

Afterwards got out from the wreck more Cargo, shipped it on board Steam Boat 

Louisville, Coleman, Master, all of which has been consigned to P.C. Shannon, Esq. of 

the City. A further portion of damaged Cargo was picked up in the River by sundry 

individuals, Salvage charges &c paid on same, and reshipped per Steamer Kate Aubry, all 

of which property has been received (partly damaged) in New Orleans, by the consignee, 

and agent for the interested parties. The persons employed, having become much 

exhausted from wet and almost incessant labors in saving Cargo &c, and it being 

impossible to get out any more property from the wreck, all hands were discharged ~~ 

465
And the said appearers further declare that at the time of her disaster, the said 

Steamer Florence was in her proper position in the River and that the accident was an 

unavoidable one, resulting from the perils of river navigation and not from any 

mismanagement on the part of either Master, officer, or crew. Captain Irwin having been 

left up the river attending to the savings from the wreck, the Clerk of the Florence, name 

is inserted at the head of this document, in lieu thereof 

and the said Henry C. Gray further says, that, as all the damage and injury which already has or 

may hereafter appear to have happened or accrued to the said Boat or her said cargo, has been 

occasioned solely by the circumstances herein before stated, and cannot nor ought to be 

attributed to any insufficiency of the said Boat or default of him, this deponent, his officers or 

crew: he now requires me, the said Notary, to make his Protest and this public act thereof, that 

the same may serve and be of full force and value as of right shall appertain. And thereupon the 

said Gray doth Protest, and I, the said Notary, at his special interest and request, do by these 

presents, publicly and solemnly Protest against Winds, Weather, snags &c and against all and 

every accident, matter and thing, had and met with as aforesaid, whereby or by means whereof 

the said Boat or her cargo, already has, or hereafter shall appear to have suffered or sustained 

damage or injury, for all losses, costs, charges, expenses, damages, and injury, which the said 

Boat, the owner or owners of the said Boat or the owners, freighters or shippers of her said 

cargo, or any other person or persons interested or concerned in either, already have or may 

hereafter pay, sustain, incur, or be put unto by or on account of the premises, or for which the 

insurer or insurers of the said Flat Boat or her cargo is or are respectively liable to pay or make 

contribution or average according to custom, or their respective contracts or obligations; and that 

no part of such losses and expenses already incurred, or hereafter to be incurred, do fall on him 

the said Henry C. Gray, his officers or crew. 

 Thus Done and Protested, at my Office, in the City of New Orleans, this fifteenth day of 

January in the year of our Lord one thousand eight hundred and forty-five in the presence of 

A.C. Ainsworth and William Shannon, both of this City, competent witnesses, who hereunto sign 

their names, together with the said Appearers, and me, said Notary. 

[Signed] 

A.C. Ainsworth Henry C. Gray, Clk. 

William Shannon George Cahill 

 Henry Parel, deckhand 

 Peter Byrne, deckhand 

 G.R. Stringer 

 Notary Public 

United States of America, Philips County 

State of Arkansas } SS ct 

This formal instrument of Protest Witnesseth, 

 That on this the third day of Jany. 1845 personally appeared before me, Richmon A. 

Jones, an acting Justice of the peace and member of the County court in and for the County of 

466
Philips, State of Arkansas, duly qualified, commissioned and sworn according to law, Matthew 

W. Irwin, Master of the Steam Boat Florence of Louisville, Kentucky, Henry C. Gray, Clerk of 

sd. Boat, George Cahill, mate of sd. Boat, Charles Littell & Ro. Kingcaid [sic], Engineers of sd. 

Boat, Pinckney Stephens, pilot of sd. Boat, and Archibald Dick, Wm. Bland, John Boyd, and M. 

Travis, passengers on sd. Boat, all of whom being duly sworn according to law to speak the truth 

in the premises, the Captain, Clerk, mate, Engineers, and Pilot state, affirm and swear that the 

said Steam Boat Florence cleared and departed from Waterloo, Lauderdale County, State of 

Alabama, bound for New Orleans, State of Louisiana on the 24th day of Decr. 1844 at about 11 

O’clock A.M., with Twelve bales of Cotton and One hundred & nineteen sacks of corn from 

thence the sd. Boat proceeded on her voyage direct, stopping only at the different ports and 

landing places on the river for freight and wood, and all the affiants state and say that while 

proceeding on the voyage in the Mississippi River, about one-half mile along the foot of Island 

No. Sixty-three on the Arkansas side of said Island on this the 3rd day of Jany. about 7 1⁄2 O’clock 

A.M., the sd. Steam Boat being under an ordinary pressure of Steam, said Stm. Boat struck upon 

a sunken snag in the river, which perforated the Hull on the forward part of the Starboard side 

which caused the Sd. Boat to fill with water immediately – the sd. Boat was rounded to on a bar 

and sunk in about ten minutes thereafter in about six feet of water at the bow and ten feet at the 

stern, that said striking was an unavoidable accident, resulting solely from the perils of the river 

navigation, that sd. Boat was at the time in her proper position in the river, that the sd. Boat is a 

total loss and the cargo (now consisting of three hundred and seventy four bales cotton and 

seventy-nine hogsheads of Tobacco more or less damaged, the amt. of which cannot be 

accurately known – 

 That said boat made no variation in her voyage and was fully provided with everything 

necessary to a safe prosecution of said voyage and was sound and seaworthy. 

 Therefore, I the said Richmon A. Jones at the request of Sd. Matthew W. Irwin, Master 

aforesaid, do hereby solemnly protest against the insured of said Cargo and sd. Steam Boat for 

all loss and damages suffered and to be suffered by reason of said accident. 

 Done and executed on board the wreck of sd. St. Boat Florence in the Mississippi river at 

foot of sd. Island No. Sixty-three this third day of January in the year of our Lord One thousand 

eighteen hundred [sic] & forty-five. 

 Signed and sworn to be all the affiants in my presence. 

 In testimony whereof I have hereunto set my hand and seal at the time and place above 

written. 

M.W. Irwin, Master 

 Richmon A. Jones {seal} 

H.C. Gray, Clk. 

George Cahill 

Charles H. Littell/Mate 

Robert Kinkead 

P.S. Stephens 

Jn. A. Boyd 

M. Travis 

Wm. Bland 

Archibald Dick 

467
468
469
470
471
No. 44, February 8th 1845 100 

Protest of Flatboat A 

United States of America, State of Louisiana, City of New Orleans 

By this public Instrument of Protest, Be it Known, That on the Eighth day of February in 

the year of our Lord one thousand eight hundred and forty-five, and of the Independence of the 

United States of America, the sixty-ninth, Before Me, Greenbury Ridgely Stringer, a Notary 

Public in and for the Parish of Orleans, dwelling in the City of New Orleans, State of Louisiana, 

duly Commissioned and Sworn, Personally Came and Appeared James M. Carr, Master of the 

Flat Boat called the “A” and noted in due form of law with me the aforesaid Notary his Protest, 

for the uses and purposes hereafter mentioned and now, at this day, to wit, the day of the date 

hereof, before me, the said Notary, at the City of New Orleans aforesaid, again comes the said 

Master and requires me to extend his Protest, and together with the said Master also come Henry 

Prask & H.S. Harper, residents of the town of Gainesville, all of whom being by me duly sworn 

on the Holy Evangelists of Almighty God, voluntarily, freely, and solemnly do declare and 

depose as follows, that is to say, that on the 23rd day of January last past he, the said Master

departed in and with the said Boat as Master thereof from Monticello, Lawrence County, 

Mississippi having on board the said Boat a cargo of Cotton, and bound for the Port of 

Pearlington on Pearl River that the said Boat was then stout, staunch, and strong; had her cargo 

well and sufficiently stowed and secured; was well manned, tackled, victualled, appareled, and 

appointed; and was in every respect fit for the voyage she was about to undertake: 

Nothing very material occurred from the time of leaving worthy of note, until 

Wednesday the 5th February following, when having arrived at or near Gainesville, at 

about two in the afternoon, having been informed that the steamer Jack Dupree was 

expected on the eve of that day, and as the cargo was to be forwarded to New Orleans 

from either Gainesville or Pearlington, concluded to come to anchor and wait for that 

Boat to reship the Cargo by her; accordingly came to opposite to Gainesville – at dark set 

a watch and at about ten O’clock, having seen that all was safe and the watch on the 

lookout turn in – During the night called the watch and was informed that all was safe. 

At daylight it was discovered that the Boat had listed over and had leaked very suddenly, 

so as to be in a sinking condition, and in a few moments after, the Boat sunk – 

Immediately procured assistance from the shore and commenced saving the cargo, 

placing part of it in a Flat procured for that purpose, and landing a part on the Bank of the 

river – Continued the labor of saving up to the evg. of the sixth, and then engaged the 

Steam Boat Odd Fellow to get out the balc. [balance] remaining in the Flat, she having 

strong purchases and the means of working to advantage, and being the only steamer that 

could be procured – A part of the cotton floated off when the Flat Boat fell over and this 

was secured and landed by persons hired and others – 

And the appearers further depose that the accident which happened to the said 

Flat Boat A as aforesaid, [101] occurred by the sudden and unexpected fall of the River, 

by which the corner of the Boat rested on the bank, and by this means careened over and 

took in water and as she could not be got afloat, filled and fell over – The Boat was well 

and safely moored and without this occurrence of the fall of the river, would have been in 

perfect safety~ 

and the said Master further says, that, as all the damage and injury which already has or may 

hereafter appear to have happened or accrued to the said Flat Boat or her said cargo, has been 

occasioned solely by the circumstances herein before stated, and cannot nor ought to be 

attributed to any insufficiency of the said Boat or default of him, this deponent, his officers or 

crew: he now requires me, the said Notary, to make his Protest and this public act thereof, that 

472
the same may serve and be of full force and value as of right shall appertain. And thereupon the 

said Master doth Protest, and I, the said Notary, at his special interest and request, do by these 

presents, publicly and solemnly Protest against Winds, Weather, and sinking as aforesaid and 

against all and every accident, matter and thing, had and met with as aforesaid, whereby or by 

means whereof the said Flat Boat or her cargo, already has, or hereafter shall appear to have 

suffered or sustained damage or injury, for all losses, costs, charges, expenses, damages, and 

injury, which the said Flat Boat the owner or owners of the said boat or the owners, freighters or 

shippers of her said cargo, or any other person or persons interested or concerned in either, 

already have or may hereafter pay, sustain, incur, or be put unto by or on account of the 

premises, or for which the insurer or insurers of the said Flat Boat or her cargo is or are 

respectively liable to pay or make contribution or average according to custom, or their 

respective contracts or obligations; and that no part of such losses and expenses already incurred, 

or hereafter to be incurred, do fall on him the said Carr his officers or crew. 

 Thus Done and Protested, at my Office, in the City of New Orleans, this Eighth day of 

February in the year of our Lord one thousand eight hundred and forty-five in the presence of 

A.C. Ainsworth and William Shannon, both of this City, competent witnesses, who hereunto sign 

their names, together with the said Appearers, and me, said Notary. 

 The words “of the” 

 “by” 

 “corner of the Boat” 

 interlined before signing 

[Signed] 

William Shannon James M. Carr 

J.W. Gardiner H.S. Harper 

 Henry F. Prask 

 H. Brown 

 X J.J. Marsten [Master] 

 

G.R. Stringer 

 Notary Public 

473
474
475
476
477
No. 66, February 26th 1845 140 

Protest of Schooner Merchant 

United States of America, State of Louisiana, City of New Orleans 

By this public Instrument of Protest, Be it Known, That on the Twenty-fourth day of 

February in the year of our Lord one thousand eight hundred and forty-five, and of the 

Independence of the United States of America, the sixty-ninth, Before Me, Greenbury Ridgely 

Stringer, a Notary Public in and for the Parish of Orleans, dwelling in the City of New Orleans, 

State of Louisiana, duly Commissioned and Sworn, Personally Came and Appeared James R. 

Means, Master of the Schooner called the Merchant and noted in due form of law with me the 

aforesaid Notary, his Protest, for the uses and purposes hereafter mentioned and now, at this day, 

to wit, the day of the date hereof, before me, the said Notary, at the City of New Orleans 

aforesaid, again comes the said James R. Means and requires me to extend his Protest, and 

together with the said Means also come John Clossen [sic], John Burbeg, Thomas Stanton, James 

Banter, mates, belonging to aforesaid schooner all of whom being by me duly sworn on the Holy 

Evangelists of Almighty God, voluntarily, freely, and solemnly do declare and depose as 

follows, that is to say, that on Wednesday 29th January 1845, he, the said Means departed in and 

with the said Schooner as Master thereof from New York, having on board the said schooner a 

cargo of merchandise (Granite), and bound for the Port of Charleston, S.C. that the said 

Schooner Merchant was then stout, staunch, and strong; had her cargo well and sufficiently 

stowed and secured; was well masted, manned, tackled, victualled, appareled, and appointed; and 

was in every respect fit for sea and the voyage she was about to undertake: 

Got underway on the day and date above mentioned and proceeded to sea ~ at 

Noon discharged the Pilot ~ Wind fresh from N.N.W. ~ 

Thursday 30th January, commenced with fresh breezes from N.N.W. ~ Middle 

part of the day more moderate from the N.W. ~ At Midnight made all sail ~ Latter part of 

this day fresh breezes attended with squalls ~ 

On Friday 31st, commenced with very heavy gales of wind from N.W. by W. ~ At 

1 P.M., double reefed Mainsail, took in square sail, and Topgallant sail; close reefed 

Foretopsail ~ At 4 P.M., took in Mainsail, double reefed Foresail and Jib, and steered 

South to keep the sea on her quarter~~ Latter part of his day, the gale continued to 

increase until it blew tremendously, causing the Vessel to labor and strain very heavily. 

On trying the Pumps, discovered her to be leaking very badly ~ 

On the following day, gale still continued as before, accompanied with squalls 

and hail, the Vessel leaking badly and the crew employed constantly pumping ~ At 4 

P.M. took in Foretopsail, and hove to under balance reefed Mainsail, and then reefed 

Foresail, the Schooner laboring, straining, and pitching heavily, and shipping large 

quantities of water ~~ All hands employed pumping to endeavor to keep her free, the 

Schooner still leaking very freely. At 8 P.M. the gale abated somewhat, turned one reef 

out of Mainsail and set the Jib~ 

On Sunday 2nd February, gale still continuing to blow heavily, with a high sea on 

~ At 8 P.M. it lulled which caused the Schooner to roll very heavily to the windward ~ 

Tore the Mainsail – hauled it down and also the Jib, and lay to under a two reefed 

Foresail ~ Middle and latter part of the day more moderate, [141] vessel still leaking, and 

crew employed at the pump to keep her free – 

478
Feb. 3: More moderate, baffling winds with a heavy swell on from the East, the 

Vessel rolling heavily and leaking as before, Middle and latter part of the day 

experienced very heavy gales from S.W. attended with squalls of snow and hail, all hands 

employed working with pump to endeavor to keep the vessel free, ~ there being at the 

time a tremendous sea running, the Schooner laboring, straining & Pitching heavily and 

leaking very badly and shipping much water ~~ 

Feb. 4 – gale continuing as before with a heavy cross sea on – hove overboard 

part of the deck load – at 8 P.M. a sea broke into the Mainsail and split it badly, also 

stove in her quarter boards – at 4 A.M. gale increasing, split the Foresail ~ Vessel leaking 

very badly and requiring the utmost exertions of the crew to keep her free ~~ 

Feb. 5., the Vessel under bare poles and gale still continuing, attended with 

frequent squalls of hail and snow – at 1 P.M. wore Ship, at 3 P.M. a sea broke on our 

quarter, and swept her decks, washed one man overboard and disabled the Mate, carried 

away Main boom, gaff, quarter rail, stanchion, companionway, water casks, and broke 

one pump – get the helm up and run before the wind and sea ~ finding it impossible to 

scud, hove to and let go the Starboard anchor with 30 fathoms chain and showed a signal 

of distress ~ was answered by a Brig at the windward who also showed a signal of 

distress, and could render no assistance. 

On the following day, gale still continued, slipped her chain and run down near 

the Brig – At this time the crew were very much exhausted and desirous of abandoning 

the Vessel and taking to the Boat, the Schooner’s leak having increased so as to render it 

impossible for them to keep her free any longer ~ Continued employed at the pump 

throughout the day, all hands much exhausted, and the Schooner leaking very badly ~ 

kept the Vessel before the wind and sea – At 1.o

 A.M on this day, saw a ship steering 

S.S.W, showed a signal of distress, and was answered by the Ship who made preparation 

to speak [to] us – and 

On the following day, Friday February 7 at about 1⁄2 past 2 P.M., the Ship boat 

succeeded in coming nearly alongside and Captain Means after consultation found it 

absolutely necessary to abandon the Schooner, as she was leaking very badly, the crew 

entirely exhausted from excessive pumping, and the sails nearly all rendered useless ~ 

and also out of water, having lost part of the water casks ~~ In consequence of a heavy 

sea the boat could not come alongside, and the Master and hands were compelled by 

means of a rope to swing themselves from the end of her forey[?] and into the water to 

enable them to reach the boat, which being done, they were taken on board the Ship 

Louisa, Capt. Leavitt, and arriving in said vessel at New Orleans on Monday 24th

February~~ 

and the said Samuel R. Means further says, that, as all the damage and injury which already has 

or may hereafter appear to have happened or accrued to the said Schooner or her said cargo, has 

been occasioned solely by the circumstances herein before stated, and cannot nor ought to be 

attributed to any insufficiency of the said Schooner Merchant or default of him, this deponent, 

his officers or crew: He now requires me, the said Notary, to make his Protest and this public act 

thereof, that the same may serve and be of full force and value as of right shall appertain. And 

thereupon the said Master doth Protest, and I, the said Notary, at his special interest and request, 

do by these presents, publicly and solemnly Protest against Winds, Weather, Seas, leaks, total 

losses, and abandonment and against all and every accident, matter and thing, had and met with 

as aforesaid, whereby or by means whereof the said vessel or her cargo, already has, or hereafter 

shall appear to have suffered or sustained damage or injury, for all losses, costs, charges, 

expenses, damages, and injury, which the said vessel the owner or owners of the said vessel or 

479
the owners, freighters or shippers of her said cargo, or any other person or persons interested or 

concerned in either, already have or may hereafter pay, sustain, incur, or be put unto by or on 

account of the premises, or for which the insurer or insurers of the said vessel or her cargo is or 

are respectively liable to pay or make contribution or average according to custom, or their 

respective contracts or obligations; and that no part of such losses and expenses already incurred, 

or hereafter to be incurred, do fall on him the said James R. Means his officers or crew. 

 Thus Done and Protested, at my Office, in the City of New Orleans, this Twenty-sixth

day of February in the year of our Lord one thousand eight hundred and forty-five in the 

presence of A.C. Ainsworth and Wm. Shannon, both of this City, competent witnesses, who 

hereunto sign their names, together with the said Appearers, and me, said Notary. (eighteen 

words interlined and thirteen words erased before signing) 

[Signed] 

A.C. Ainsworth James R. Means 

William Shannon James Banter 

 John Closson 

 X John Burbeg 

 X Thomas Stanton 

 

 G.R. Stringer 

 Notary Public 

480
481
482
483
484
No. 87, March 18th 1845 180 

Protest of Flatboat 

United States of America, State of Louisiana, City of New Orleans 

By this public Instrument of Protest, Be it Known, That on the Eighteenth day of March

in the year of our Lord one thousand eight hundred and forty-five, and of the Independence of 

the United States of America, the Sixty-ninth, Before Me, Greenbury Ridgely Stringer, a Notary 

Public in and for the Parish of Orleans, dwelling in the City of New Orleans, State of Louisiana, 

duly Commissioned and Sworn, Personally Came and Appeared M.C. Barkwell, Owner of the 

Flat Boat called the [blank] and with said Barkwell also came John A. Dill, Pilot and noted in 

due form of law with me, said Notary, his Protest, for the uses and purposes hereafter mentioned 

and now, at this day, to wit, the day of the date hereof, before me, the said Notary, at the City of 

New Orleans aforesaid, again comes the said M.C. Barkwell with said Pilot John A. Dill and 

requires me to extend his Protest, and together with the said appearers also come James Fell, one 

of the hands on board at time of the disaster &, belonging to the aforesaid Boat all of whom 

being by me duly sworn on the Holy Evangelists of Almighty God, voluntarily, freely, and 

solemnly do declare and depose as follows, that is to say, that on the 17th November 1844 he, the 

said Barkwell departed in company with the said Flat Boat as owner thereof from Troy, Indiana, having on board the said Boat a cargo of Vegetables, Grain &c, and bound for the Port of New

Orleans, La. that the said Boat was then stout, staunch, and strong; had her cargo well and 

sufficiently stowed and secured; was well manned, tackled, victualled, appareled, and appointed; 

and was in every respect fit for the voyage she was about to undertake: 

Got underway on the date above written and proceeded down the Ohio River, and 

from there into the Mississippi River, being then in command of Daniel S. Lale who 

commanded said boat until her arrival at Bayou Sara [W. Feliciana Parish], where he left 

her, and the Boat left Bayou Sara 21st February (Friday) in charge and under the 

command of John A. Dill and proceeded down the Mississippi River and nothing material 

occurring worthy of particular note until Saturday night 15th inst., when the wind blew 

freshly in towards shore, and the master of the boat found it necessary to make for the 

shore and tie up for the night which was accordingly done, and remained until Sunday 

morning at abt. 9 O’clock A.M. when the boat was suddenly run into be a raft coming 

down the river which first struck a Corn Mill, and carved that away, after which both the 

Mill and raft came in collision with the said Flat Boat, striking it very heavily and 

causing the boat to sink almost immediately before any exertion could be made to save 

the cargo ~ made every exertion in our power to save cargo but did not succeed ~ And 

the said appearer M.C. Barkwell hereby further declares that he was the owner of Flat 

Boat commanded by Daniel L. Lale and that the said boat contained, as insured, Thirtyfour Hogs, Six head of Cattle, Eighteen hundred bushels corn, Ten Bbl. Potatoes, 

Twenty-seven Barrels apples, and Sixty Molasses Casks, and that at my order, Messrs. 

Coleman and Simm of this city effected Insurance on said Cargo to the amount of Eight 

hundred dollars, _ and the said M.C. Barkwell hereby solemnly and truly swears that the 

said boat was sunk on her passage down the Mississippi on the opposite side from New 

Orleans about five miles above the City of New Orleans with 582 bushels corn, 8 Bbls. 

Potatoes, and 60 molasses casks on board, all of which were totally lost to the best of my 

knowledge and belief, 

 M.C. Barkwell 

and the said M.C. Barkwell & John A. Dill further says, that, as all the damage and injury which 

already has or may hereafter appear to have happened or accrued to the said Boat or her said 

cargo, has been occasioned solely by the circumstances herein before stated, and cannot nor 

ought to be attributed to any insufficiency of the said Boat or default of him, this deponent, his 

485
officers or crew: he now requires me, the said Notary, to make his Protest and this public act 

thereof, that the same may serve and be of full force and value as of right shall appertain. And 

thereupon the said appearers doth Protest, and I, the said Notary, at his special interest and 

request, do by these presents, publicly and solemnly Protest against Winds, Weather, collisions

and against all and every accident, matter and thing, had and met with as aforesaid, whereby or 

by means whereof the said Boat or her cargo, already has, or hereafter shall appear to have 

suffered or sustained damage or injury, for all losses, costs, charges, expenses, damages, and 

injury, which the said Boat the owner or owners of the said Boat or the owners, freighters or 

shippers of her said cargo, or any other person or persons interested or concerned in either, 

already have or may hereafter pay, sustain, incur, or be put unto by or on account of the 

premises, or for which the insurer or insurers of the said Boat or her cargo is or are respectively 

liable to pay or make contribution or average according to custom, or their respective contracts 

or obligations; and that no part of such losses and expenses already incurred, or hereafter to be 

incurred, do fall on him the said owner or master, his officers or crew. 

 Thus Done and Protested, at my Office, in the City of New Orleans, this Eighteenth day 

of March in the year of our Lord one thousand eight hundred and forty-five in the presence of 

A.C. Ainsworth and William Shannon, both of this City, competent witnesses, who hereunto sign 

their names, together with the said Appearers, and me, said Notary. (twenty-four words erased 

and twelve interlines before signing) 

[Signed] 

A.C. Ainsworth John A. Dill 

William Shannon James Fell 

 M.C. Barkwell, owner, who 

was in the company with said boat from Troy, Ind. to Bayou Sara before put in charge of Jno. A. 

Dill at Bayou Sara, La. 

 G.R. Stringer 

 Notary Public 

486
487
488
489
490
491
No. 115, April 4th 1845 240 

Protest of Flatboat 

United States of America, State of Louisiana, City of New Orleans 

By this public Instrument of Protest, Be it Known, That on the Fourth day of April in the 

year of our Lord one thousand eight hundred and forty-five, and of the Independence of the 

United States of America, the Sixty-ninth, Before Me, Greenbury Ridgely Stringer, a Notary 

Public in and for the Parish of Orleans, dwelling in the City of New Orleans, State of Louisiana, 

duly Commissioned and Sworn, Personally Came and Appeared Samuel Jolly, Captain of the 

Flat Boat called the [blank] noted in due form of law with Jas. Young, Justice of the Peace in 

Miss. County, Ark. on the 10th March, his Protest, for the uses and purposes hereafter mentioned 

and now, at this day, to wit, the day of the date hereof, before me, the said Notary, at the City of 

New Orleans aforesaid, again comes the said Master and requires me to extend his Protest, and 

together with the said Samuel Jolly also come Samuel F. Jolly, belonging to the aforesaid Flat 

Boat: all of whom being by me duly sworn on the Holy Evangelists of Almighty God, 

voluntarily, freely, and solemnly do declare and depose as follows, that is to say, that on the 23rd

day of February last (1845) he, the said Jolly departed in and with the said Flat Boat as Captain

thereof from Cincinnati, Ohio, having on board the said Flat Boat a cargo of Flour, and bound for 

the Port of New Orleans, La. that the said Flat Boat was then stout, staunch, and strong; had her 

cargo well and sufficiently stowed and secured; was well manned, tackled, victualled, appareled, 

and appointed; and was in every respect fit for the voyage she was about to undertake: 

Proceeded down the Ohio River into the Mississippi, and down the Mississippi 

River as far as Island Number 25 without anything happening worthy [of] particular 

mention: On Saturday the 8th of March, at about half past 4 o’clock in the afternoon, and 

when abreast of said Island No. 25, made all due and proper preparations, and took the 

usual means of landing, or mooring the Boat for the night, at the Bank of the River 

opposite the Island: At said Landing, there was a number of Flat Boats also mooring for 

the night, and we endeavored to moor above them, taking the highest point up stream. 

There was a heavy current running, and a very strong wind blowing down the Reach 

between the Island and the main land.__ 

In getting out the first line for the purpose of fastening to a tree on the river bank, 

it became foul in the water, and could not be made effectual for “checking” the 

downward course of the Boat. A second line was immediately got out for that purpose, 

and made fast, but said line parted in “checking” the Boat. Immediately endeavored to 

row out into the river, in order to clear the other Boats, but was unable to do so by reason 

of the current and the wind which forced us in against the Bank.__ 

We then struck the Boat lying moored next below, very heavily, and one of the 

corners of said Boat caught us, breaking our gunwale plank below the water & making a 

large breach in our side. __ 

Immediately adopted all possible means to bring the Boat to land; which, after 

much labor we succeeded in doing, and then used our utmost endeavors to land and save 

the cargo, and employed many extra hands for that purpose. During all this time, the 

water was running freely into the Boat, and in about fifteen minutes from the time our 

second line parted, the Boat sunk in from 6 to 12 feet water, 

and the said Samuel Jolly further says, that, as all the damage and injury which already has or 

may hereafter appear to have happened or accrued to the said Flat Boat or her said cargo, has 

been occasioned solely by the circumstances herein before stated, and cannot nor ought to be 

492
attributed to any insufficiency of the said Flat Boat or default of him, this deponent, his officers 

or crew: he now requires me, the said Notary, to make his Protest and this public act thereof, 

that the same may serve and be of full force and value as of right shall appertain. And thereupon 

the said Samuel Jolly doth Protest, and I, the said Notary, at his special interest and request, do 

by these presents, publicly and solemnly Protest against Winds, Weather, strandings, collisions, 

leaks &c and against all and every accident, matter and thing, had and met with as aforesaid, 

whereby or by means whereof the said Boat or her cargo, already has, or hereafter shall appear to 

have suffered or sustained damage or injury, for all losses, costs, charges, expenses, damages, 

and injury, which the said Boat the owner or owners of the said Boat or the owners, freighters or 

shippers of her said cargo, or any other person or persons interested or concerned in either, 

already have or may hereafter pay, sustain, incur, or be put unto by or on account of the 

premises, or for which the insurer or insurers of the said Boat or her cargo is or are respectively 

liable to pay or make contribution or average according to custom, or their respective contracts 

or obligations; and that no part of such losses and expenses already incurred, or hereafter to be 

incurred, do fall on him the said Captain Samuel Jolly his officers or crew. 

 Thus Done and Protested, at my Office, in the City of New Orleans, this Fourth day of 

April in the year of our Lord one thousand eight hundred and forty-five in the presence of A.C. 

Ainsworth and William Shannon, both of this City, competent witnesses, who hereunto sign their 

names, together with the said Appearers, and me, said Notary. 

[Signed] 

A.C. Ainsworth Samuel Jolly 

William Shannon Samuel F. Jolly 

 G.R. Stringer 

 Notary Public 

State of Arkansas } 

Mississippi County } 

[grammar and spelling corrected throughout] 

 Be it remembered that on this 10th day of March A.D. 1845 personally appeared before 

me the undersigned Justice of the Peace in and for the aforesaid county duly commissioned and 

qualified, etc. – Samuel Jolly Capt., Samuel F. Jolly, Charles Hutchins, Samuel Conn, Daniel 

Bartley, hands all off the Flat Boat. And being hereby Sworn made oath that said Flat Boat left 

Cincinnati in the state of Ohio in good order and well condition and found the 23rd of Feb. loaded 

with Flower [sic] and Bound for New Orleans Louisiana and proceeded safely and without 

accident upon her said voyage until she arrived in the shoot of Island no. 25 in the state of 

Arkansas. At about half-past Four O’clock P.M. of the 8th of this Inst. and while laying to land 

the said Capt. Ordered the line taken out in the skiff[?] for the purpose of landing her to the shore 

which got foul; he then ordered another one taken and it being made fast, it parted and a flat Boat 

being just below us landed to the shore the Capt. on her had her called to be loosed and drop her. 

But whilst they was trying to drop thearn [theirs], ours loped against thearn and the side of ours 

struck the corner of theirs a little aft of the walk plank which stove in her gunnel [gunwale] 

plank. The wind was blowing quartering down stream a tolerable lively breeze. All exertions 

was used to keep her off of the said Boat but failed and she sunk by the time we got her made 

fast to the shore; she sunk to the roof in about 15 or 20 minutes. 

493
 All exertions has been used to save the Boat and cargo so far as it was in their power and 

as soon as rendering the situation of said Boat secure as possible about 9 O’clock the 

undersigned appeared before the said Justice of the Peace in the State and County aforesaid 

being the first Magistrate could be obtained where they caused this protest to be entered. 

 Whereupon the said magistrate at the request of the muster and crew of said Flat Boat 

have protested and by these presents do protest against all persons concerned for all loss, cost, 

damages, and average or averages suffered or to be suffered by reason of this striking and 

sinking of the said Flat Boat. 

 This done and protested upon a flat Boat at the landing of the wreck[?] of said Boat in the 

state of aforesaid the day and date first above written. 

 In witness whereof I have hereunto set my hand. 

 Jas. Young, J.P. 

 S. Jolly 

 S.F. Jolly 

 Samuel Conn 

 X Charles Hutchins 

 Daniel Bartley

494
495
496
497
498
No. 146, April 19th 1845 315 

Protest of Barque Josephine 

United States of America, State of Louisiana, City of New Orleans 

By this public Instrument of Protest, Be it Known, That on the Eighth day of April in the year of 

our Lord one thousand eight hundred and forty-five, and of the Independence of the United 

States of America, the sixty-ninth, Before Me, Greenbury Ridgely Stringer, a Notary Public in 

and for the Parish of Orleans, dwelling in the City of New Orleans, State of Louisiana, duly 

Commissioned and Sworn, Personally Came and Appeared J. Teal, Master of the Bark called the 

Josephine and noted in due form of law with me, said Notary, his Protest, for the uses and 

purposes hereafter mentioned and now, at this day, to wit, the day of the date hereof, before me, 

the said Notary, at the City of New Orleans aforesaid, again comes the said Teal and requires me 

to extend his Protest, and together with the said Teal also come Henry Williams, 2nd master; 

Wm. Salsbury, mate, belonging to aforesaid Barque and James P. Powell, mate of the Sch. 

Ionick [sic throughout] all of whom being by me duly sworn on the Holy Evangelists of 

Almighty God, voluntarily, freely, and solemnly do declare and depose as follows, that is to say, 

that on Monday 17th March last past, he, the said Teal departed in and with the said Vessel as 

Master thereof from Philadelphia, having on board the said Vessel a cargo of assorted 

Merchandise, and bound for the Port of New Orleans, La. that the said Vessel was then stout, 

staunch, and strong; had her cargo well and sufficiently stowed and secured; was well masted, 

manned, tackled, victualled, appareled, and appointed; and was in every respect fit for sea and 

the voyage she was about to undertake: 

Got underway on the day and date above written and proceeded down the river, 

and on the following Friday 21 March, discharged then Pilot and stood out to sea, with 

fresh gales from N.W. ~~ At 3 P.M. Cape Henlopen [Delaware] light, bore north by West 

distant 12 miles, the Vessel under double reefed Topsail, Foresail, and Jib, and the wind 

blowing heavily, weather thick and cloudy and a high sea running – At 2:30 A.M. while 

proceeding on our regular course, with our usual watch on deck, it being at this time quite 

dark, the vessel suddenly came in collision with a schooner (since ascertained to have 

been the “Ionic”) striking her so heavily as to cause her to capsize and sink in less than 

half an hour after the disaster, having in the meantime succeeded in rescuing the Master 

and crew who were taken on board and brot [sic] to this port~~ At the time of her 

collision the Josephine sprung her Flying Jib Boom, carried [?] away Starboard End of 

the Fore Yard, Starboard Topmast shedding sail boom, Fore topgallant yard, head 

rigging, &c with some other rigging [?] ~ Continued on our course from day to day, 

experienced some rough and unpleasant weather but nothing material occurred worthy of 

particular note from and after the day of her disaster and on Saturday 5th April arrived at 

the Balize at the mouth of the Mississippi river, was taken over the bar by Steamer 

Porpoise with a Pilot also on board, and proceeded up the river and arrived alongside the 

Levee at New Orleans Tuesday 8th April ~~ 

[316] And the aforesaid James P. Powell master of the Schooner Ionick for 

himself states that at the time of the collision as is herein set forth the said Schooner was 

laying to heading about West by South under her Mainsail double reef’d, it being the 

Master’s watch that there was but one man on duty for a lookout and just previous to the 

accident this man had been on deck and had not at the instant of the collision been below 

over five minutes, that the night was dark, and the wind blowing heavily from the 

northward and the sea running very large, 

and the said Master further says, that, as all the damage and injury which already has or may 

hereafter appear to have happened or accrued to the said Vessel or her said cargo, has been 

499
occasioned solely by the circumstances herein before stated, and cannot nor ought to be 

attributed to any insufficiency of the said Vessel or default of him, this deponent, his officers or 

crew: He now requires me, the said Notary, to make his Protest and this public act thereof, that 

the same may serve and be of full force and value as of right shall appertain. And thereupon the 

said Master doth Protest, and I, the said Notary, at his special interest and request, do by these 

presents, publicly and solemnly Protest against Winds, Weather, Collision, &c and against all 

and every accident, matter and thing, had and met with as aforesaid, whereby or by means 

whereof the said Vessel or her cargo, already has, or hereafter shall appear to have suffered or 

sustained damage or injury, for all losses, costs, charges, expenses, damages, and injury, which 

the said Vessel the owner or owners of the said Vessel or the owners, freighters or shippers of 

her said cargo, or any other person or persons interested or concerned in either, already have or 

may hereafter pay, sustain, incur, or be put unto by or on account of the premises, or for which 

the insurer or insurers of the said Vessel or her cargo is or are respectively liable to pay or make 

contribution or average according to custom, or their respective contracts or obligations; and that 

no part of such losses and expenses already incurred, or hereafter to be incurred, do fall on him 

the said Master his officers or crew. 

 Thus Done and Protested, at my Office, in the City of New Orleans, this nineteenth day 

of April in the year of our Lord one thousand eight hundred and forty-five in the presence of 

A.C. Ainsworth and Wm. Shannon, both of this City, competent witnesses, who hereunto sign 

their names, together with the said Appearers, and me, said Notary. 

[Signed] 

A.C. Ainsworth J. Teal 

William Shannon W. H. Salsbury 

 X Henry Williams 2nd Mate 

 X Edward Winnemore, seaman 

 James P. Powell, mate of the 

 Sch. Ionick 

 G.R. Stringer 

 Notary Public 

500
501
502
503
No. 190, May 13th 1845 431 

Protest of Flat Boat Mary Bell 

United States of America, State of Louisiana, City of New Orleans 

By this public Instrument of Protest, Be it Known, That on the Thirteenth day of May in the year 

of our Lord one thousand eight hundred and forty-five, and of the Independence of the United 

States of America, the sixty-ninth, Before Me, Greenbury Ridgely Stringer, a Notary Public in 

and for the Parish of Orleans, dwelling in the City of New Orleans, State of Louisiana, duly 

Commissioned and Sworn, Personally Came and Appeared Uriah Phifer, Master of the Flat Boat

called the Mary Bell and noted in due form of law with me, said Notary, his Protest, for the uses 

and purposes hereafter mentioned and now, at this day, to wit, the day of the date hereof, before 

me, the said Notary, at the City of New Orleans aforesaid, again comes the said Master and 

requires me to extend his Protest, and together with the said Phifer also come Francis Lawhon, 

and Daniel B. Hamill, hands on board and belonging to aforesaid Flat Boat all of whom being by 

me duly sworn on the Holy Evangelists of Almighty God, voluntarily, freely, and solemnly do 

declare and depose as follows, that is to say, that in the month of March, (day unknown), he, the 

said Phifer departed in and with the said Boat as Master thereof from Bainbridge, foot of Muscle 

Shoal on the Tennessee River, having on board the said Boat a cargo of corn, and bound for the 

Port of New Orleans, La. that the said Boat was then stout, staunch, and strong; had her cargo 

well and sufficiently stowed and secured; was well manned, tackled, victualled, appareled, and 

appointed; and was in every respect fit for the voyage she was about to undertake: 

Got underway and proceeded down the Tennessee river into the Ohio and thence 

into the Mississippi with nothing material occurring worthy of note until Tuesday 22 

April last past when about forty miles below Memphis at the head of Counsel Bend, 

where having moored the boat for the night, experienced a very sudden hurricane which 

came on at about 11 O’clock P.M. causing the boat to sink almost immediately, and the 

Cargo became a total loss— and the said appearers further declare that [at] the time of the 

disaster, they saw no sign or an intimation of the coming storm, and to prevent the other 

boat attached from sinking they deemed it necessary to cut the Mary Bell adrift by which 

means she floated down the river and was seen two days after by these deponents, with 

Cargo entirely gone, and no trace of any having been saved— 

and the said Master further says, that, as all the damage and injury which already has or may 

hereafter appear to have happened or accrued to the said Boat or her said cargo, has been 

occasioned solely by the circumstances herein before stated, and cannot nor ought to be 

attributed to any insufficiency of the said Boat or default of him, this deponent, his officers or 

crew: He now requires me, the said Notary, to make his Protest and this public act thereof, that 

the same may serve and be of full force and value as of right shall appertain. And thereupon the 

said Master doth Protest, and I, the said Notary, at his special interest and request, do by these 

presents, publicly and solemnly Protest against Winds, Weather, Tornadoes &c and against all 

and every accident, matter and thing, had and met with as aforesaid, whereby or by means 

whereof the said Boat or her cargo, already has, or hereafter shall appear to have suffered or 

sustained damage or injury, for all losses, costs, charges, expenses, damages, and injury, which 

the said Boat the owner or owners of the said Boat or the owners, freighters or shippers of her 

said cargo, or any other person or persons interested or concerned in either, already have or may 

hereafter pay, sustain, incur, or be put unto by or on account of the premises, or for which the 

insurer or insurers of the said Boat or her cargo is or are respectively liable to pay or make 

contribution or average according to custom, or their respective contracts or obligations; and that 

no part of such losses and expenses already incurred, or hereafter to be incurred, do fall on him 

the said Uriah Phifer his officers or crew. 

504
 Thus Done and Protested, at my Office, in the City of New Orleans, this thirteenth day of 

May in the year of our Lord one thousand eight hundred and forty-five in the presence of A.C. 

Ainsworth and Wm. Shannon, both of this City, competent witnesses, who hereunto sign their 

names, together with the said Appearers, and me, said Notary. 

[Signed] 

A.C. Ainsworth Uriah Phifer 

William Shannon D.B. Hamill 

 X Francis Lawhon 

 G.R. Stringer 

 Notary Public 

505
506
507
508
509
No. 392, November 26th 1845 425 

Protest of Flat Boat Mount Ida 

United States of America, State of Louisiana, City of New Orleans 

By this public Instrument of Protest, Be it Known, That on the Twenty-sixth day of November in 

the year of our Lord one thousand eight hundred and forty-five, and of the Independence of the 

United States of America, the Seventieth, Before Me, Greenbury Ridgely Stringer, a Notary 

Public in and for the Parish of Orleans, dwelling in the City of New Orleans, State of Louisiana, 

duly Commissioned and Sworn, Personally Came and Appeared Martin Turner, Master of the 

Flat Boat called the “Mount Ida”, and declared that on the 19th instant he noted in due form of 

law with H.S. Edington, Notary Public at the town of Napoleon, Desha Co., Arkansas, his 

Protest, for the uses and purposes hereafter mentioned and now, at this day, to wit, the day of the 

date hereof, before me, the said Notary, at the City of New Orleans aforesaid, again comes the 

said Martin Turner and requires me to extend his Protest, and together with the said Master also 

come William Lewis, William Kelter and Lewis [sic] Brown, hands employed on, and belonging 

to aforesaid Flat Boat all of whom being by me duly sworn on the Holy Evangelists of Almighty 

God, voluntarily, freely, and solemnly do declare and depose as follows, that is to say, that on 

Wednesday the first day of October last past, he, the said Turner departed in and with the said 

Flat Boat as Master thereof from Quincey, in the State of Illinois, having on board the said Flat 

Boat a cargo of Barrels of Flour and 280 sacks of “shorts”, and bound for the Port of New 

Orleans, La. that the said Flat Boat was then stout, staunch, and strong; had her cargo well and 

sufficiently stowed and secured; was well manned, tackled, victualled, appareled, and appointed; 

and was in every respect fit for the voyage she was about to undertake: 

Got underway on the day and date above written and proceeded down the 

Mississippi River with nothing occurring worthy [of] particular mention or notice until 

Friday the fourteenth of November following: When, at or near the Island of Saint 

Francis in the Mississippi River, floating down, the Boat suddenly struck a hidden 

substance /believed to be a “snag”/ and ran over it, causing her to leak badly. Employed 

all hands at the pump to keep her free, and after much arduous exertion, succeeded in 

freeing the Boat, and in partly stopping the leaks: __ Afterwards, proceeded on our 

course, the hands being employed in pumping as occasion required, until the Seventeenth 

of November, when about seven miles below the Town of Napoleon, Arkansas, at One 

o’clk P.M. experienced quite a heavy blow of wind: And as the Boat still continued 

leaky, and the crew were much exhausted by excessive labor in pumping, the Master 

deemed it prudent, and necessary for general preservation, to make for the shore: Which 

was accordingly done, and the Boat properly secured at the Bank of the River: where, 

shortly after, the steamer Memphis, and then the steamer Maria, in passing down the 

Mississippi River, came very near the said Flat Boat “Mt. Ida” causing a heavy swell, 

which made her leak more freely, and the Master found her to be in a sinking 

condition:__ 

Immediately after, made all exertions in their power to save and secure property, 

commenced unloading Cargo, and succeeded in saving One Hundred, Seventy-five 

Barrels of Flour and about One Hundred sacks of shorts: After which, the “Mount Ida” 

sunk: But by much exertion, we succeeded in saving /in addition to the above/ about One 

Hundred, Thirty-one Barrels of Flour in a damaged state:__ 

When the Master finding that the Boat was a complete wreck, and that the cost of 

attempting to save the Balance of Cargo would be more than its value, deemed it 

necessary to sell the wreck, and the remaining Cargo on board:__ 

510
Which was accordingly done, and One [426] Hundred and Twelve Barrels of 

Flour were sold at the rate of One dollar per Barrel. The balance of the Cargo is declared 

lost by drifting out of the wreck /say about 32 bbls./ after the Boat Sunk:___ 

That part of the Cargo saved was immediately reshipped on board the Boat called 

Steamer “Arkansas No. 4” and arrived at the Port of New Orleans, without further 

accident, 

and the said Master further says, that, as all the damage and injury which already has or may 

hereafter appear to have happened or accrued to the said Flat Boat or her said cargo, has been 

occasioned solely by the circumstances herein before stated, and cannot nor ought to be 

attributed to any insufficiency of the said Flat Boat or default of him, this deponent, his officers 

or crew: He now requires me, the said Notary, to make his Protest and this public act thereof, 

that the same may serve and be of full force and value as of right shall appertain. And thereupon 

the said Master doth Protest, and I, the said Notary, at his special interest and request, do by 

these presents, publicly and solemnly Protest against Winds, Weather, Snags, Leaks &c and 

against all and every accident, matter and thing, had and met with as aforesaid, whereby or by 

means whereof the said Flat Boat or her cargo, already has, or hereafter shall appear to have 

suffered or sustained damage or injury, for all losses, costs, charges, expenses, damages, and 

injury, which the said Flat Boat the owner or owners of the said Flat Boat or the owners, 

freighters or shippers of her said cargo, or any other person or persons interested or concerned in 

either, already have or may hereafter pay, sustain, incur, or be put unto by or on account of the 

premises, or for which the insurer or insurers of the said Flat Boat or her cargo is or are 

respectively liable to pay or make contribution or average according to custom, or their 

respective contracts or obligations; and that no part of such losses and expenses already incurred, 

or hereafter to be incurred, do fall on him the said M. Turner his officers or crew. 

 Thus Done and Protested, at my Office, in the City of New Orleans, this twenty-sixth day 

of November in the year of our Lord one thousand eight hundred and forty-five in the presence 

of Wm. Shannon and James Gardiner, both of this City, competent witnesses, who hereunto sign 

their names, together with the said Appearers, and me, said Notary. 

[Signed] 

William Shannon Martin Turner 

James Gardiner M. William Lewis 

 William Kelter 

 Louis Brown 

 

 G.R. Stringer 

 Notary Public 

511
512
513
514
No. 409, December 31st 1845 535 

Protest of Flat Boat 

United States of America, State of Louisiana, City of New Orleans 

By this public Instrument of Protest, Be it Known, That on the Thirty-first day of December in 

the year of our Lord one thousand eight hundred and forty-five, and of the Independence of the 

United States of America, the Seventieth, Before Me, Greenbury Ridgely Stringer, a Notary 

Public in and for the Parish of Orleans, dwelling in the City of New Orleans, State of Louisiana, 

duly Commissioned and Sworn, Personally Came and Appeared James Lynch, Master of the Flat 

Boat called the [blank] and declared that on the 17th day of December last he noted in due form 

of law with Abner David, Justice of Peace for Union County, State of Kentucky, his Protest, for 

the uses and purposes hereafter mentioned and now, at this day, to wit, the day of the date hereof, 

before me, the said Notary, at the City of New Orleans aforesaid, again comes the said James 

Lynch and requires me to extend his Protest, and together with the said Lynch also come 

Michael Redmond and John Ward, hands, belonging to aforesaid Boat all of whom being by me 

duly sworn on the Holy Evangelists of Almighty God, voluntarily, freely, and solemnly do 

declare and depose as follows, that is to say, that on Wednesday 28th day of October last past, he, 

the said Lynch departed in and with the said Flat Boat as Master thereof from Cincinnati, Ohio, having on board the said Flat a cargo of oil cake, and bound for the Port of New Orleans, La. that 

the said Boat was then stout, staunch, and strong; had her cargo well and sufficiently stowed and 

secured; was well manned, tackled, victualled, appareled, and appointed; and was in every 

respect fit for the voyage she was about to undertake: 

Got underway on the day and date above written and proceeded down the Ohio 

River with nothing very material occurring worthy of particular note until we arrived at 

the Falls near Louisville where we were compelled to remain nearly four weeks in 

consequence of the low state of water which prevented the boats going safely over~~ The 

River having commenced rising, succeeded in getting over the Falls and proceeded down 

the Ohio until the 16th December when having arrived at the foot of Slim Island about 15 

miles above Shawneetown, Union County, Kentucky, and while proceeding on the 

passage, being near the middle of the river, the Flat Boat suddenly took the bottom and 

immediately after, the boat sunk in consequence of the large quantity of Ice running 

which came with great force against the boat and cut the entire stern out of her, by reason 

of which disaster the Boat and Cargo were totally lost~~ And these said appearers further 

declare that it was less than five minutes after the accident before the entire property had 

disappeared, rendering all attempts to save any property entirely useless, the master not 

having saved his watch, or clothing, which were lost with all other materials on board, 

and the said Master further says, that, as all the damage and injury which already has or may 

hereafter appear to have happened or accrued to the said Boat or her said cargo, has been 

occasioned solely by the circumstances herein before stated, and cannot nor ought to be 

attributed to any insufficiency of the said Boat or default of him, this deponent, his officers or 

crew: He now requires me, the said Notary, to make his Protest and this public act thereof, that 

the same may serve and be of full force and value as of right shall appertain. And thereupon the 

said Master doth Protest, and I, the said Notary, at his special interest and request, do by these 

presents, publicly and solemnly Protest against Winds, Weather, shoals, bars, ice &c and against 

all and every accident, matter and thing, had and met with as aforesaid, whereby or by means 

whereof the said Boat or her cargo, already has, or hereafter shall appear to have suffered or 

sustained damage or injury, for all losses, costs, charges, expenses, damages, and injury, which 

the said Boat the owner or owners of the said Boat or the owners, freighters or shippers of her 

said cargo, or any other person or persons interested or concerned in either, already have or may 

hereafter pay, sustain, incur, or be put unto by or on account of the premises, or for which the 

515
insurer or insurers of the said Boat or her cargo is or are respectively liable to pay or make 

contribution or average according to custom, or their respective contracts or obligations; and that 

no part of such losses and expenses already incurred, or hereafter to be incurred, do fall on him 

the said James Lynch his officers or crew. 

 Thus Done and Protested, at my Office, in the City of New Orleans, this Sixteenth day of 

January in the year of our Lord one thousand eight hundred and forty-five in the presence of 

James Gardiner and Wm. Shannon, both of this City, competent witnesses, who hereunto sign 

their names, together with the said Appearers, and me, said Notary. 

[Signed] 

William Shannon X James Lynch 

James Gardiner Michael Redmond 

 John Ward 

 

 G.R. Stringer 

 Notary Public 

516
517
518
519
520
No. 15, January 16th 1846 29 

Protest of Schooner Magnet 

United States of America, State of Louisiana, City of New Orleans 

By this public Instrument of Protest, Be it Known, That on the Sixteenth day of January

in the year of our Lord one thousand eight hundred and forty-six, and of the Independence of the 

United States of America, the Seventieth, Before Me, Greenbury Ridgely Stringer, a Notary 

Public in and for the Parish of Orleans, dwelling in the City of New Orleans, State of Louisiana, 

duly Commissioned and Sworn, Personally Came and Appeared Thomas F. Burgess, Master of 

the Schooner called the Magnet of Duxburg, Mass., who declared that on the 27th day of 

December last past he noted in due form of law with William J. Downing, Notary Public residing 

at Corpus Christi, Texas, his Protest, for the uses and purposes hereafter mentioned and now, at 

this day, to wit, the day of the date hereof, before me, the said Notary, at the City of New 

Orleans aforesaid, again comes the said Thomas F. Burgess and requires me to extend his 

Protest, and together with the said Burgess also come Ephraim C. Burgess, mate, and Charles C. 

Hamlen, Seaman, belonging to aforesaid schooner all of whom being by me duly sworn on the 

Holy Evangelists of Almighty God, voluntarily, freely, and solemnly do declare and depose as 

follows, that is to say, that on Tuesday 16th day of December 1845, he, the said Burgess departed 

in and with the said Schooner Magnet as Master thereof from New Orleans, having on board the 

said vessel a cargo of merchandise, and bound for the Port of Aransas, Texas— that the said 

Schooner was then stout, staunch, and strong; had her cargo well and sufficiently stowed and 

secured; was well masted, manned, tackled, victualled, appareled, and appointed; and was in 

every respect fit for sea and the voyage she was about to undertake: 

Proceeded down the Mississippi River in tow of Steamer Somerville on the above 

named day and date, weather pleasant, and on the following day Wednesday 17th

December arrived near the S.W. Pass, and being calm, came to anchor, and remained 

until 3 P.M. when we weighed anchor, made sail, passed over the Bar, and stood out to 

sea ~ At 11 P.M. S.W. Pass light bore E by N, distance 3 leagues. – On Thursday 15th

commenced pleasant weather – wind at N.W – Friday much the same – On Saturday 20th

Dec., Had wind from N.N.W., and pleasant weather and light breezes from Eastward – At 

10 A.M. made St. Josephs Island bearing west distant three leagues – run [sic] down for 

Aransas Pass and at 5 P.M. Pilot came on board, took charge of the Schooner, and ran 

down within about one mile of the Pass, when the wind suddenly died away and the 

weather became very calm, leaving a tremendous heavy high sea running, which 

compelled them to anchor for general safety which was accordingly done to prevent the 

vessel going on shore, there being no wind at the time to keep her away – Let go the sheet 

anchor, and about 70 fathoms chain, and got the small anchor ready on the Bow, the sea 

at this time making a complete breach over the vessel, also laboring, straining and rolling 

tremendously, continued the same until past midnight, when the chain suddenly parted in 

consequence of the heavy pitching and rolling of the Schooner – Immediately endeavored 

to let go the other anchor & chain, but before it could be done, the vessel fell off into the 

trough of the sea, which was breaking over her with great violence, carrying away the 

stern boat, leaving stern posts alongside and immediately after she struck heavily on the 

Bar and soon after bilged –tried the Pumps and found over three feet water in her hold, 

vessel leaking badly. After remaining a short time on the bar, she was driven over on to 

the shore distance about 100 yards from the beach, where she remains a complete wreck 

[30] having filled entirely with water. The Master continued to gain the shore on a 

wagon and having procured assistance commenced saving materials belonging to the 

vessel and part of Cargo – And these said appearers further declare that at the time said 

vessel met with her disaster there was not any wind stirring to enable the Pilot to keep the 

vessel from going ashore after she parted her chains, 

521
and the said Master further says, that, as all the damage and injury which already has or may 

hereafter appear to have happened or accrued to the said vessel or her said cargo, has been 

occasioned solely by the circumstances herein before stated, and cannot nor ought to be 

attributed to any insufficiency of the said vessel or default of him, this deponent, his officers or 

crew: He now requires me, the said Notary, to make his Protest and this public act thereof, that 

the same may serve and be of full force and value as of right shall appertain. And thereupon the 

said Master doth Protest, and I, the said Notary, at his special interest and request, do by these 

presents, publicly and solemnly Protest against Winds, Weather, Seas, strandings, total loss and 

against all and every accident, matter and thing, had and met with as aforesaid, whereby or by 

means whereof the said vessel or her cargo, already has, or hereafter shall appear to have 

suffered or sustained damage or injury, for all losses, costs, charges, expenses, damages, and 

injury, which the said vessel the owner or owners of the said vessel or the owners, freighters or 

shippers of her said cargo, or any other person or persons interested or concerned in either, 

already have or may hereafter pay, sustain, incur, or be put unto by or on account of the 

premises, or for which the insurer or insurers of the said vessel or her cargo is or are respectively 

liable to pay or make contribution or average according to custom, or their respective contracts 

or obligations; and that no part of such losses and expenses already incurred, or hereafter to be 

incurred, do fall on him the said Thomas F. Burgess his officers or crew. 

 Thus Done and Protested, at my Office, in the City of New Orleans, this Sixteenth day of 

January in the year of our Lord one thousand eight hundred and forty-six in the presence of Wm. 

Shannon and James Gardiner, both of this City, competent witnesses, who hereunto sign their 

names, together with the said Appearers, and me, said Notary. 

[Signed] 

William Shannon Tho. F. Burgess 

James Gardiner Ephraim C. Burgess 

 Charles C. Hamlen 

 

 G.R. Stringer 

 Notary Public 

522
523
524
525
No. 16, January 20th 1846 31 

Protest of Flat Boat No. 2 

United States of America, State of Louisiana, City of New Orleans 

By this public Instrument of Protest, Be it Known, That on the Nineteenth day of January

in the year of our Lord one thousand eight hundred and forty-six, and of the Independence of the 

United States of America, the Seventieth, Before Me, Greenbury Ridgely Stringer, a Notary 

Public in and for the Parish of Orleans, dwelling in the City of New Orleans, State of Louisiana, 

duly Commissioned and Sworn, Personally Came and Appeared Thomas White, Master of the 

Flat Boat called the No. “Two” marked S.B. and noted in due form of law with me said Notary, his Protest, for the uses and purposes hereafter mentioned and now, at this day, to wit, the day of 

the date hereof, before me, the said Notary, at the City of New Orleans aforesaid, again comes 

the said Thomas White and requires me to extend his Protest, and together with the said White

also come Doctor Franklin Green, a hand remaining and belonging to aforesaid Boat all of whom 

being by me duly sworn on the Holy Evangelists of Almighty God, voluntarily, freely, and 

solemnly do declare and depose as follows, that is to say, that on Monday the 8th day of 

November last past, he, the said Thomas White departed in and with the said Boat as Master

thereof from Rickman, Kentucky, having on board the said Boat a cargo of Staves, and bound for 

the Port of New Orleans, La. that the said Boat was then stout, staunch, and strong; had her cargo 

well and sufficiently stowed and secured; was well manned, tackled, victualled, appareled, and 

appointed; and was in every respect fit for the voyage she was about to undertake: 

Got underway on the day and date above written and proceeded down the 

Mississippi River with nothing very material occurring worthy of particular note until we 

arrived at the Lower Flat boat landing in the Third Municipality New Orleans where we 

made fast and secured the boat on Saturday evening 17th January following – remained at 

the levee until Monday morning 21st inst., when they made preparation and commenced 

discharging Cargo, but in consequence of the severity of the gale, it having commenced 

blowing tremendously with heavy rain storm, they were compelled to quit discharging 

after unloading about one thousand staves, and soon after while endeavoring to protect 

the boat, in her perilous situation she sprung a leak/ in consequence of a tremendous 

heavy swell which caused the Flat Boat to labor and strain heavily/ and sunk entirely 

under water, when part of her Cargo floated off and down the river, a portion of which 

has been picked up and the balance lost – The gale having since abated, every exertion 

has been made to save property, and have succeeded in saving part of her Cargo in a 

damaged condition – 

and the said Master further says, that, as all the damage and injury which already has or may 

hereafter appear to have happened or accrued to the said Boat or her said cargo, has been 

occasioned solely by the circumstances herein before stated, and cannot nor ought to be 

attributed to any insufficiency of the said Boat or default of him, this deponent, his officers or 

crew: He now requires me, the said Notary, to make his Protest and this public act thereof, that 

the same may serve and be of full force and value as of right shall appertain. And thereupon the 

said Master doth Protest, and I, the said Notary, at his special interest and request, do by these 

presents, publicly and solemnly Protest against Winds, Weather, Seas, Rivers, leaks &c and 

against all and every accident, matter and thing, had and met with as aforesaid, whereby or by 

means whereof the said Boat or her cargo, already has, or hereafter shall appear to have suffered 

or sustained damage or injury, for all losses, costs, charges, expenses, damages, and injury, 

which the said Boat the owner or owners of the said Boat or the owners, freighters or shippers of 

her said cargo, or any other person or persons interested or concerned in either, already have or 

may hereafter pay, sustain, incur, or be put unto by or on account of the premises, or for which 

the insurer or insurers of the said Boat or her cargo is or are respectively liable to pay or make 

526
contribution or average according to custom, or their respective contracts or obligations; and that 

no part of such losses and expenses already incurred, or hereafter to be incurred, do fall on him 

the said Thomas White his officers or crew. 

 Thus Done and Protested, at my Office, in the City of New Orleans, this Twentieth day of 

January in the year of our Lord one thousand eight hundred and forty-six in the presence of Wm. 

Shannon and James Gardiner, both of this City, competent witnesses, who hereunto sign their 

names, together with the said Appearers, and me, said Notary. 

[Signed] 

William Shannon Thomas White 

James Gardiner Doctor F. Green 

 

 G.R. Stringer 

 Notary Public 

527
528
529
530
531
532
No. 18, January 22nd 1846 35 

Protest of Steam Boat Nebraska 

United States of America, State of Louisiana, City of New Orleans 

By this public Instrument of Protest, Be it Known, That on the Twenty-first day of 

January in the year of our Lord one thousand eight hundred and forty-six, and of the 

Independence of the United States of America, the Seventieth, Before Me, Greenbury Ridgely 

Stringer, a Notary Public in and for the Parish of Orleans, dwelling in the City of New Orleans, 

State of Louisiana, duly Commissioned and Sworn, Personally Came and Appeared William W. 

Dodge, Master of the Steam boat called the Nebraska belonging to St. Louis, Mo. and noted in 

due form of law with me said Notary, his Protest, for the uses and purposes hereafter mentioned 

and now, at this day, to wit, the day of the date hereof, before me, the said Notary, at the City of 

New Orleans aforesaid, again comes the said W.W. Dodge and requires me to extend his Protest, 

and together with the said Dodge also come William C. Jewett, Clerk; Benjamin J. Medley & 

John B. Kolf [?], belonging to the aforesaid Steamer: all of whom being by me duly sworn on 

the Holy Evangelists of Almighty God, voluntarily, freely, and solemnly do declare and depose 

as follows, that is to say, that on Thursday 8th January inst. he, the said Dodge departed in and 

with the said Steamer as Master thereof from St. Louis, Mo., having on board the said Boat a 

cargo of Merchandise, and bound for the Port of New Orleans, La. that the said Steamer was then 

stout, staunch, and strong; had her cargo well and sufficiently stowed and secured; was well 

manned, tackled, victualled, appareled, and appointed; and was in every respect fit for the 

voyage she was about to undertake: 

Proceeded down the Mississippi River on the day and date above mentioned, with 

nothing material occurring worthy of particular notice, until Wednesday following the 

14th January at about one O’clock P.M. when they arrived at Diamond Island about 

twenty miles below Vicksburg, made preparation, and rounded to in order to [take?] 

wood, and while making for the bank, the boat flanked and suddenly struck some hidden 

substance supposed to be a snag, but not apprehending any injury, the boat being very 

strong and entirely new, commenced taking in fuel, but soon after ascertained that the 

Steamer was leaking very freely, manned the pumps and endeavored by every exertion in 

their power to find the leak, but were unable to stop it, as the water came in so rapidly. 

Immediately cast off, and for general preservation the Master found it absolutely 

necessary to put the boat ashore, and accordingly ran her across the River and put her 

bow ashore on a Bar opposite Diamond’s Island where she remained fast, and 

immediately after she commenced filling and her stern sank in ten feet water. Got 

opposite [?] and put about her stern and sides to keep her from listing over, afterwards 

proceeded for extra assistance, procured a flat Boat & commenced moving Cargo from 

the Nebraska on to the Bar, after which sent to Vicksburg and on the following morning 

Thursday 15th the Steamer Meteor and crew came alongside, and commenced taking out 

Cargo and having saved all that could be got at. Examination was made and the boat 

found to be in such a wrecked condition /and the water at the same time rising rapidly/ 

that any attempt to save her would be a useless expense, and the Captain immediately 

took vigorous measures to save materials – succeeded in getting out most of her 

machinery and some cabin furniture, fixtures, &c, after which left part of crew on board 

to save more property if possible, and Capt. Dodge proceeded with the Cargo saved to 

Vicksburg [36] in the Meteor and shipped the same per Steamer Westwood to New 

Orleans, where it reached without further disaster or delay – 

and the said Master further says, that, as all the damage and injury which already has or may 

hereafter appear to have happened or accrued to the said Boat or her said cargo, has been 

occasioned solely by the circumstances herein before stated, and cannot nor ought to be 

533
attributed to any insufficiency of the said Boat or default of him, this deponent, his officers or 

crew: He now requires me, the said Notary, to make his Protest and this public act thereof, that 

the same may serve and be of full force and value as of right shall appertain. And thereupon the 

said Master doth Protest, and I, the said Notary, at his special interest and request, do by these 

presents, publicly and solemnly Protest against Winds, Weather, Seas, Rivers, snags &c and 

against all and every accident, matter and thing, had and met with as aforesaid, whereby or by 

means whereof the said Boat or her cargo, already has, or hereafter shall appear to have suffered 

or sustained damage or injury, for all losses, costs, charges, expenses, damages, and injury, 

which the said Boat the owner or owners of the said Boat or the owners, freighters or shippers of 

her said cargo, or any other person or persons interested or concerned in either, already have or 

may hereafter pay, sustain, incur, or be put unto by or on account of the premises, or for which 

the insurer or insurers of the said Boat or her cargo is or are respectively liable to pay or make 

contribution or average according to custom, or their respective contracts or obligations; and that 

no part of such losses and expenses already incurred, or hereafter to be incurred, do fall on him 

the said W. Dodge his officers or crew. 

 Thus Done and Protested, at my Office, in the City of New Orleans, this Twenty-second

day of January in the year of our Lord one thousand eight hundred and forty-six in the presence 

of Wm. Shannon and James Gardiner, both of this City, competent witnesses, who hereunto sign 

their names, together with the said Appearers, and me, said Notary. 

[Signed] 

William Shannon W.W. Dodge 

James Gardiner Wm. C. Jewett, clk. 

 X Benj. T Medley, hand 

 John B. Kolf [?] 

 G.R. Stringer 

 Notary Public 

 We the undersigned officers of the Stbt. Nebraska on her downward trip from St. Louis to 

New Orleans made the following statement of the sinking of said Boat on the 14th day of January 

1846 at about half past 1 O’clk. P.M. of said day, in rounding to for wood about twenty miles 

below Vicksburg, the Boat flanked in towards the Bank and struck a snag or log under water in 

landing along side of a wood flat; we found she was filling with water, and immediately Cast off 

and ran her on a Bar on the opposite side of the river, we ran her aground on five [feet] water at 

the Bow, and about 10 feet at the stern. We further state that all of the officers of the Boat were 

at their several posts of duty at the time of said accident, and we hereby solemnly protest against 

any and all liabilities of said officers or hands of said Boat on account of said accident to Sd. 

Boat or Cargo. 

 Given under our hands and seal this 14th day of January 1846 – 

Capt. W.W. Dodge (seal) Engineer 1st L. Newell 

Clerk Wm. C. Jewett (seal) Engineer 2nd W. Hartwig 

534
Pilot N.C. Covington (seal) Carpenter P.M. Comegys 

Pilot A. Marion 

Mate Nathan P. Hubbard 

 A-36 

State of Mississippi } 

Warren County } 

 Personally appeared before me the undersigned Judge of the Probate court of Warren 

County W.W. Dodge, W.C. Jewett, N.C. Covington, A. Marion, Nathan P. Hubbard, L. Newell, 

H. Hartwig, & P.M. Conyess [sic] ~~~ who being hereby sworn under oath that the facts set 

within this processury, __?, and __? are true. 

 Sworn to and subscribed before me, Jan. 14th 1846 A.D. 

 C.A. Lecelieu [?] 

 Judge Probate 

 Warren County 

535
536
537
538
No. 22, January 23rd 1846 43 

Protest of Flat Boat No. 4 

United States of America, State of Louisiana, City of New Orleans 

By this public Instrument of Protest, Be it Known, That on the Twenty-third day of 

January in the year of our Lord one thousand eight hundred and forty-six, and of the 

Independence of the United States of America, the Seventieth, Before Me, Greenbury Ridgely 

Stringer, a Notary Public in and for the Parish of Orleans, dwelling in the City of New Orleans, 

State of Louisiana, duly Commissioned and Sworn, Personally Came and Appeared William A. 

Thomas, Master of the Flat Boat called the Number “Four” and declared that on the 29th day of 

December last past he~~ noted in due form of law with John A. Shryer, Notary in and for Clark 

County, Indiana, his Protest, for the uses and purposes hereafter mentioned and now, at this day, 

to wit, the day of the date hereof, before me, the said Notary, at the City of New Orleans 

aforesaid, again comes the said W.A. Thomas and requires me to extend his Protest, and together 

with the said Thomas also come J.W. Elroy & William Maxwell, hands, belonging to the 

aforesaid Boat: all of whom being by me duly sworn on the Holy Evangelists of Almighty God, 

voluntarily, freely, and solemnly do declare and depose as follows, that is to say, that on Monday 

the 24th day of November last past, he, the said W.A. Thomas set sail and departed in and with 

the said Flat Boat as Master thereof from Cincinnati, Ohio, having on board the said Boat a cargo 

of Flour, and bound for the Port of New Orleans, that the said Boat was then stout, staunch, and 

strong; had her cargo well and sufficiently stowed and secured; was well manned, tackled, 

victualled, appareled, and appointed; and was in every respect fit for the voyage she was about to 

undertake: 

Left port on the day and date before mentioned, and proceeded down the Ohio 

River with nothing very material occurring worthy of particular note until about the third 

day of December following when finding the ice had commenced running very freely, the 

Master deemed it prudent for general preservation to run into the mouth of the Kentucky 

River, where he laid up; being detained by Ice about fifteen days after which the river 

being nearly free of obstruction, he again proceeded on his voyage/ 17th December/ down 

the Ohio river fifty miles further and arrived to within three miles of the Falls, when he 

encountered large masses of Ice, which compelled Capt. Thomas to again put to the 

shore, where he made fast, and remained one week longer, at which time the Ice gorged, 

stopping up the whole channel, extending entirely across until it suddenly reached where 

the Flat Boat No. 4 was secured, at about 9 O’clock P.M. of 26th December, crushing the 

boat badly, casing her to sink in less than fifteen minutes after the disaster – Immediately 

made every exertion in their power to save property, hired extra hands and commenced 

getting the Flour on shore – succeeded in landing the principal part of her Lading, all 

more or less in a damaged condition. Having saved all within their power the Master 

after waiting some time for an opportunity, the river not being open, reshipped the 

property saved soon as possible on board Steamer Ohio Belle and proceeded with the 

same to its port of destination, all of which has been received by consigner, without 

further delay or disaster – 

and the said Master further says, that, as all the damage and injury which already has or may 

hereafter appear to have happened or accrued to the said Boat or her said cargo, has been 

occasioned solely by the circumstances herein before stated, and cannot nor ought to be 

attributed to any insufficiency of the said Boat or default of him, this deponent, his officers or 

crew: He now requires me, the said Notary, to make his Protest and this public act thereof, that 

the same may serve and be of full force and value as of right shall appertain. And thereupon the 

said Master doth Protest, and I, the said Notary, at his special interest and request, do by these 

presents, publicly and solemnly Protest against Winds, Weather, Seas, Rivers, Ice, leaks &c and 

539
against all and every accident, matter and thing, had and met with as aforesaid, whereby or by 

means whereof the said Boat or her cargo, already has, or hereafter shall appear to have suffered 

or sustained damage or injury, for all losses, costs, charges, expenses, damages, and injury, 

which the said Boat the owner or owners of the said Boat or the owners, freighters or shippers of 

her said cargo, or any other person or persons interested or concerned in either, already have or 

may hereafter pay, sustain, incur, or be put unto by or on account of the premises, or for which 

the insurer or insurers of the said Boat or her cargo is or are respectively liable to pay or make 

contribution or average according to custom, or their respective contracts or obligations; and that 

no part of such losses and expenses already incurred, or hereafter to be incurred, do fall on him 

the said W.A. Thomas his officers or crew. 

 Thus Done and Protested, at my Office, in the City of New Orleans, this Twenty-third

day of January in the year of our Lord one thousand eight hundred and forty-six in the presence 

of Wm. Shannon and James Gardiner, both of this City, competent witnesses, who hereunto sign 

their names, together with the said Appearers, and me, said Notary. 

[Signed] 

William Shannon W.A. Thomas 

James Gardiner G. McElroy 

 William Maxwell 

 G.R. Stringer 

 Notary Public 

540
541
542
543
544
545
546
No. 24, January 24th 1846 47 

Protest of Flat Boat No. 2 

United States of America, State of Louisiana, City of New Orleans 

By this public Instrument of Protest, Be it Known, That on the Twenty-fourth day of 

January in the year of our Lord one thousand eight hundred and forty-six, and of the 

Independence of the United States of America, the Seventieth, Before Me, Greenbury Ridgely 

Stringer, a Notary Public in and for the Parish of Orleans, dwelling in the City of New Orleans, 

State of Louisiana, duly Commissioned and Sworn, Personally Came and Appeared Henry W. 

Brown, Master of the Flat Boat called the No. 2 and declared that on the 5th day of December last 

past he noted in due form of law with Hugh W. Connell, Notary in and for Gallatin County, 

Illinois, his Protest, for the uses and purposes hereafter mentioned and now, at this day, to wit, 

the day of the date hereof, before me, the said Notary, at the City of New Orleans aforesaid, 

again comes the said H.W. Brown and requires me to extend his Protest, and together with the 

said Brown also come [blank], belonging to the aforesaid Flat: all of whom being by me duly 

sworn on the Holy Evangelists of Almighty God, voluntarily, freely, and solemnly do declare 

and depose as follows, that is to say, that on the 11th day of November 1845, he, the said master

set sail and departed in and with the said Flat Boat as Master thereof from Cincinnati, Ohio, having on board the said Boat a cargo of Flour, and bound for the Port of New Orleans, that the 

said Boat was then stout, staunch, and strong; had her cargo well and sufficiently stowed and 

secured; was well manned, tackled, victualled, appareled, and appointed; and was in every 

respect fit for the voyage she was about to undertake: 

Departed from port on the date above written and proceeded down the Ohio river 

until he arrived at Jeffersonville where he was detained about one week in consequence 

of the low stage of water, after which proceeded on with nothing farther occurring worthy 

of particular note until 27th November following, when the wind blew tremendously from 

the North, attended with very cold weather, and the Boat was suddenly stranded on the 

side of what is called Battery Rock Bar – Immediately cast over anchor but she 

commenced dragging it, forcing the boat into shoal water where she remained fast in 

about forty inches of water – The Master immediately made all necessary preparation in 

his power to protect property, procured a lighter with extra hands, and succeeded in 

getting out part of her lading, when on the morning of the 2nd December, the Ice 

commenced running in large masses, and by 10 O’clock that morning, the Boat’s side 

was cut in several places, and the boat commenced leaking very badly. Made all exertion 

to get at the leaks and stop them, to prevent her sinking but soon after a second run of Ice 

came along cutting her down instantly, causing her to sink immediately so that over two 

tiers of Flour remained under water, part of which has since been save by much exertion 

all more of less in a damaged condition 

and the said Master further says, that, as all the damage and injury which already has or may 

hereafter appear to have happened or accrued to the said Boat or her said cargo, has been 

occasioned solely by the circumstances herein before stated, and cannot nor ought to be 

attributed to any insufficiency of the said Boat or default of him, this deponent, his officers or 

crew: He now requires me, the said Notary, to make his Protest and this public act thereof, that 

the same may serve and be of full force and value as of right shall appertain. And thereupon the 

said Master doth Protest, and I, the said Notary, at his special interest and request, do by these 

presents, publicly and solemnly Protest against Winds, Weather, Seas, Rivers, leaks, Ice &c and 

against all and every accident, matter and thing, had and met with as aforesaid, whereby or by 

means whereof the said Boat or her cargo, already has, or hereafter shall appear to have suffered 

or sustained damage or injury, for all losses, costs, charges, expenses, damages, and injury, 

which the said Boat the owner or owners of the said Boat or the owners, freighters or shippers of 

547
her said cargo, or any other person or persons interested or concerned in either, already have or 

may hereafter pay, sustain, incur, or be put unto by or on account of the premises, or for which 

the insurer or insurers of the said Boat or her cargo is or are respectively liable to pay or make 

contribution or average according to custom, or their respective contracts or obligations; and that 

no part of such losses and expenses already incurred, or hereafter to be incurred, do fall on him 

the said Master his officers or crew. 

 Thus Done and Protested, at my Office, in the City of New Orleans, this Twenty-fourth

day of January in the year of our Lord one thousand eight hundred and forty-six in the presence 

of Wm. Shannon and James Gardiner, both of this City, competent witnesses, who hereunto sign 

their names, together with the said Appearers, and me, said Notary. 

[Signed] 

William Shannon Henry W. Brown 

James Gardiner 

 G.R. Stringer 

 Notary Public 

Battery Rock. Dec. 5th 1845 

[multiple misspellings corrected] 

 This day personally appeared Capt. Henry W. Brown together with his flat boat crew and 

says he left Cincinnati on the Evening of the Eleventh November 1845 with a flat Boat 

Belonging to Potts & Davis. No not recollected load [?] with something over Thirteen Hundred 

Barrels of Flour shipping mark J.C.H&C Bound for the port of New Orleans. That he proceeded 

on the said voyage to Jeffersonville where he was detained six or seven days for low water; from 

thence he proceeded on the above voyage with full crew and competently rigged for the above 

voyage in every respect. Nothing occurring till on the evening of Thursday the twenty-seventh 

of Nov. when he were drove [sic] on the side of Battery Rock Bar dragging her anchor on it. 

Being impossible to land at shore for shale [shallow?] water, the wind being very heavy from the 

North and uncommonly cold. Where she lay was near forty inches water, a lighter was procured 

and all possible exertion made to get her off by two Flat Boat crews. She was lightened by 

taking near four hundred barrels out. That on the morning on the second of December the Ice 

commenced running before day and Ten O’clock in the morning cutting her side in several 

places. When all exertions was made [sic] to get at the leak and stop her from sinking, when a 

second run of ice came down and cut her down instantly causing her to sink over two tear [tiers?] 

of Flour. Capt. Brown hereby protests against all damage or loss that may have or will occur in 

saving, securing, and Boating out the above Flat Boat load to a place of safety for the benefit of 

the owners or underwriters or all concerned. He further protests against all the damages that may 

occur [and] losses that may happen while the load is on shore. He further states that the cargo 

will be all saved though all in a damaged condition. 

 All which we do certify, being first duly sworn, given, made and having under seal this 

5th day of December A.D. 1845. 

 Thomas Floyd (L.S.) 

 

 Columbus Packard (L.S.) 

548
 Henry W. Brown (L.S.) 

State of Illinois 

Gallatin County 

 This day personally appeared before me Hugh McConnell, a Justice of the Peace in and 

for said county and state aforesaid Thomas O. Floyd, Columbus Packard, [and] Henry O. Brown 

who being by me duly sworn says that the facts contained in the statements by them subscribed 

are true, 

this 5th day of December A.D. 1845 

 Hugh McConnell, J.P. 

 We the undersigned hands employed in ___? in taking flour from the wreck of a flat boat 

commanded by Capt. Henry Brown and wrecked on the 2nd Dec. 1845 by ice, we certify upon 

oath that every exertion was made in saving, securing, and taking care of said Cargo given under 

our hands and sales the 15th December 1845. 

 John S. Lucas (L.S.) 

 Phila St. John (L.S.) 

 Hezekiah Monroe (L.S.) 

State of Illinois 

Gallatin County 

 This day personally appeared before me Hugh McConnell a Justice of the Peace in and 

for said County and State aforesaid John S. Lucas, Phila St. John, [and] Hezekiah Monroe who 

being by me duly sworn says that the facts contained in the statements by them subscribed are 

true, 

 this 15th Dec. 1845. 

 Hugh McConnell, J.P. 

549
550
551
552
553
No. 39, Jany. 31st 1846 74 

Protest of Ship Hamlet 

United States of America, State of Louisiana, City of New Orleans 

By this public Instrument of Protest, Be it Known, That on the Twenty-seventh day of 

January in the year of our Lord one thousand eight hundred and forty-six, and of the 

Independence of the United States of America, the seventieth, Before Me, Greenbury Ridgely 

Stringer, a Notary Public in and for the Parish of Orleans, dwelling in the City of New Orleans, 

State of Louisiana, duly Commissioned and Sworn, Personally Came and Appeared William 

Wippin, Master of the Ship called the Hamlet and noted in due form of law with me said Notary, his Protest, for the uses and purposes hereafter mentioned and now, at this day, to wit, the day of 

the date hereof, before me, the said Notary, at the City of New Orleans aforesaid, again comes 

the said William Wippin and requires me to extend his Protest, and together with the said Wippin

also come Joseph G. White, 1st Mate; Elijah J. Crocker, 2nd Mate; S.E. Teschemacher, “Super 

Cargo”; William Miller, Charles Clark and Charles H. Thayer, seamen, belonging to the 

aforesaid Ship: all of whom being by me duly sworn on the Holy Evangelists of Almighty God, 

voluntarily, freely, and solemnly do declare and depose as follows, that is to say, that on the 

Sixth day of December last past, he, the said William Wippin departed in and with the said Ship

as Master thereof from Rio de Janeiro, having on board the said Ship a cargo of Coffee, and 

bound for the Port of New Orleans, that the said ship was then stout, staunch, and strong; had her 

cargo well and sufficiently stowed and secured; was well masted, manned, tackled, victualled, 

appareled, and appointed; and was in every respect fit for sea and the voyage she was about to 

undertake: 

That the said Ship sailed as aforesaid on the Sixth of December. From the day of 

departure up to the 2nd of January, the voyage was continuous with variable winds and 

weather having occasional squalls and fresh breezes, but without an act or circumstance 

worthy of particular note. On the 5th at 7 A.M. made the North East point of the Island of 

Tobago bearing South by West. On the 6th saw the Island of Granada distant about 

twelve miles. Seventh, Eighth and Ninth, nothing material occurred. Tenth saw the 

Island of Jamaica and were spoken by a Kingston pilot boat. At Meridian saw the light 

house on the Point. Eleventh still in sight of Jamaica. Twelfth at 4 P.M., Pedro Bluffs in 

sight bearing North East and distant eighteen miles. Weather heavy and ship under short 

sail. Thirteenth weather variable. Fourteenth moderate. At half past ten A.M., made the 

Island of Cuba, Cape [San] Antonio, bearing North and distant about five miles. From 

the fourteenth up to the eighteenth, weather mostly moderate. Nineteenth had heavy 

weather attended with a very rough sea – the ship under close sail. At meridian, wore 

ship to the south. Sounded several times during the day and found bottom in 35 fathoms 

grey sand. Twentieth, the heavy weather still continued and had increased to a severe 

gale – the ship laying to under a close reef’d main topsail. At 4 P.M. fearing that the 

topsail would not stand, bent the main Spencer and set it as a storm staysail. Took in the 

main topsail, the ship laboring and shipping considerable water on decks. At midnight, 

the wind blew with very great violence, took in the storm staysail & lay the ship to under 

bare poles. At half-past three A.M., the weather moderated. Made sail setting the main 

& mizzen topsails, close reef’d. At four, wore ship to the Southward and Westward, 

winds from the Northward and Westward. Twenty-first, wind still blowing heavily with 

occasional severe squalls. Split the mainsail. Latter part of the day weather more 

moderate. 

Twenty-second wind fresh from West North West and weather fair. Ship under 

her principal sails and by Wind. At 5 P.M., tacked ship to the North East and at 10 to the 

West North West, furled fore and mizzen top gallant sails and flying jib, the wind 

blowing in fast. Middle of the day weather the same and ship under sail as before 

554
described. Latter part of the day, wind fresh from the Northward and Northwest and 

Eastward. Ship close hauls [?] by the wind bearing West North West. At seven forty 

A.M., land was discovered close by the look out aloft, which was believe to be in the 

vicinity of the North East pass of the Mississippi River. The second officer immediately 

went aloft and saw [75] an object which he supposed to be the light house at the mouth of 

the pass and also several sails of vessels. The ship was bearing West North West and as 

was supposed directly for a point of the pass. At half past Eight A.M. while still running 

on this course and while employed in getting the anchors off the bows, the ship suddenly 

struck the bottom. Immediately put the Helm hard up to endeavor to save her, she fell off 

three points and bro’t up hard and fast. Finding that the ship was fast, the Master deemed 

it best to lighten her in order if possible to float her off the Bottom, which was found to 

be the Grand Gosier Reef about 24 miles North West of the Island which bore West by 

North. Commenced throwing over Cargo and jettison[ed] a little over 600 bags of 

Coffee. As this did not relieve her, furled all sail and sent out the Boat to sound and 

found 13 feet of water. On the twenty-third at 7 P.M., let all the after sails and began to 

jettison more Cargo, hove over two or three hundred bags but found it did not asst. in 

getting the ship afloat. At 10 P.M. the wind freshened and the ship began to beat heavily 

and make considerable water. Sounded the pumps and found 24 inches of water in her 

which kept increasing throughout the night, the ship thumping heavily all the times. The 

weather had all the appearance of a heavy gale and fears were entertained that the ship 

would break up – preparations were therefore made for the safety of the ship’s company. 

The long Boat was cleared away and at an early hour in the morning all hands left the 

ship. At the time of leaving the ship she had three feet water in her. At 10 A.M. were 

picked up by the Schooner Carliss and on the twenty-fourth landed at the mouth of the 

river. The master proceeded in the long boat to the Balize for the purpose of procuring 

assistance. After this date the ship was assisted by the Schooner Carliss and the Steamer 

Tennessean. A part of her Cargo has been saved and a part of the vessel’s materials, after 

which the vessel was deserted; all the remaining Cargo being entirely under water, the 

ship bilged and was fast going to pieces, 

and the said Master further says, that, as all the damage and injury which already has or may 

hereafter appear to have happened or accrued to the said vessel or her aid cargo, has been 

occasioned solely by the circumstances herein before stated, and cannot nor ought to be 

attributed to any insufficiency of the said vessel or default of him, this deponent, his officers or 

crew: He now requires me, the said Notary, to make his Protest and this public act thereof, that 

the same may serve and be of full force and value as of right shall appertain. And thereupon the 

said Master doth Protest, and I, the said Notary, at his special interest and request, do by these 

presents, publicly and solemnly Protest against Winds, Weather, strandings, &c and against all 

and every accident, matter and thing, had and met with as aforesaid, whereby or by means 

whereof the said vessel or her cargo, already has, or hereafter shall appear to have suffered or 

sustained damage or injury, for all losses, costs, charges, expenses, damages, and injury, which 

the said vessel the owner or owners of the said vessel or the owners, freighters or shippers of her 

said cargo, or any other person or persons interested or concerned in either, already have or may 

hereafter pay, sustain, incur, or be put unto by or on account of the premises, or for which the 

insurer or insurers of the said vessel or her cargo is or are respectively liable to pay or make 

contribution or average according to custom, or their respective contracts or obligations; and that 

no part of such losses and expenses already incurred, or hereafter to be incurred, do fall on him 

the said William Wippin his officers or crew. 

 Thus Done and Protested, at my Office, in the City of New Orleans, this Thirty-first day 

of January in the year of our Lord one thousand eight hundred and forty-six in the presence of 

William Shannon and James Gardiner, both of this City, competent witnesses, who hereunto sign 

their names, together with the said Appearers, and me, said Notary. 

555
[Signed] 

William Shannon Wm. Wippin 

J.W. Gardiner Joseph O. White, 1st Mate 

 Elijah J. Crocker, 2nd Mate 

 S.E. Teschemacher 

 William Miller 

 Charles Clark 

 Charles M. Thayer 

 G.R. Stringer 

 Notary Public 

556
557
558
559
560
No. 40, February 2nd 1846 76 

Protest of Ship Cherokee 

United States of America, State of Louisiana, City of New Orleans 

By this public Instrument of Protest, Be it Known, That on the Thirty-first day of January

in the year of our Lord one thousand eight hundred and forty-six, and of the Independence of the 

United States of America, the Seventieth, Before Me, Greenbury Ridgely Stringer, a Notary 

Public in and for the Parish of Orleans, dwelling in the City of New Orleans, State of Louisiana, 

duly Commissioned and Sworn, Personally Came and Appeared William Cushing, Master of the 

Ship called the Cherokee and noted in due form of law with me said Notary, his Protest, for the 

uses and purposes hereafter mentioned and now, at this day, to wit, the day of the date hereof, 

before me, the said Notary, at the City of New Orleans aforesaid, again comes the said William 

Cushing and requires me to extend his Protest, and together with the said Cushing also come 

Charles F. King, mate & Benj. W. Loring & James M Murray & John Lawson, Seamen,

belonging to the aforesaid Vessel all of whom being by me duly sworn on the Holy Evangelists 

of Almighty God, voluntarily, freely, and solemnly do declare and depose as follows, that is to 

say, that on the Fourteenth day of January instant, he, the said William Cushing set sail and 

departed in and with the said Ship Cherokee as Master thereof from New York having on board 

the said ship a cargo of assorted Merchandise, and bound for the Port of New Orleans, La. that 

the said vessel was then stout, staunch, and strong; had her cargo well and sufficiently stowed 

and secured; was well masted, manned, tackled, victualled, appareled, and appointed; and was in 

every respect fit for sea and the voyage she was about to undertake: 

Sailed from New York on the date before mentioned with a strong breeze from 

the N.W. ~ from this date the weather continued favorable until the 16th when we 

experienced a very severe gale from the S.W. ~ Lay to about 12 hours, the sea running 

very high and ship laboring hard ~ 17th Wind moderated from the Northward and 

continued favorable – for several days, nothing material worthy of note occurring ~ On 

23rd made and passed Hole in Wall [Bahamas] ~ 25th passed round the Isaacs [Florida 

Straits]. 27th saw the light on Sand Key, Fl. Fine steady breezes and pleasant weather ~~ 

28th at Midnight saw the Light on the South Pass ~ at daylight on the 29th the Steamer 

Alton took us in tow and at 9 A.M. took a Pilot on board, proceeded in over the bar at the 

S.W. Pass ~ At 11 discharged the Pilot and proceeded up the Mississippi River in 

company with Barque Josephine, Brig Cameo and a small Schooner, all in tow of said 

Steamer Alton ~ At 10 P.M. the Steamer Alton cast adrift her Tow to replenish fuel, and 

the tow Captain sent his Pilot on board to proceed up the River with Vessels under 

Canvass and at 2:30 A.M. while proceeding up the river an alarm of Fire was given by 

the watch on deck, and in less than five minutes after, the flames were rushing from the 

lower cabin, and the house on deck, which drove the man from the wheel ~ Immediately 

put the helm hard to starboard and ran the Ship for shore, but the bank being very steep 

she backed off again when the anchors were cut away and the Ship bro’t up to them about 

30 feet from the Shore ~~ The flames at this were bursting thro the mast coats, and the 

quarter deck was all on fire ~ Got out the small boat to save our lives, as the fire had 

reached the sails [77] and rigging, all of which, crew and passengers got in and reached 

the shore, but without even saving their clothing or personal property, barely escaping 

with the clothes they stood in ~~ the Vessel at this time being completely enveloped in 

flames and smoke, attempted to save something from her, and succeeded in cutting away 

and saving her Foresail and Foretopsail ~ At 8 A.M. 30th inst. the Foremast fell in being 

the last mast standing ~~ Went alongside in a boat and scuttled the Ship on the Starboard 

bow but without effect, as she began to raise out of the water as her Cargo was burning ~ 

got a Hawser fast to the chain forward and her Rudder aft and hauled the Vessel as near 

the banks as possible but was compelled to keep away from her as the Liquors on board 

561
were continually exploding ~ At 11 found it was impossible to save any more property 

from her, and as the officers, crew and passengers were in a state of destitution, they were 

sent to the City of New Orleans in Steamer Alton ~~ At 3 P.M. the Vessel had burnt to 

the water edge, she drawing at this time about 11 feet aft and 13 feet forward and at 3:30 

P.M. she began to fill with water and soon afterwards sank in from five to seven fathoms 

water ~ The sails saved were sent to the City ~~ And the said appearers further depose 

that the cause of the fire is to them entirely unknown and can only be accounted for as 

having been occasioned by spontaneous combustion or from some article forming a part 

of the Cargo, and that the first notice of the fire was as hereinbefore described by the 

bursting out of the flames ~ 

and the said Master further says, that, as all the damage and injury which already has or may 

hereafter appear to have happened or accrued to the said Vessel or her said cargo, has been 

occasioned solely by the circumstances herein before stated, and cannot nor ought to be 

attributed to any insufficiency of the said Vessel or default of him, this deponent, his officers or 

crew: He now requires me, the said Notary, to make his Protest and this public act thereof, that 

the same may serve and be of full force and value as of right shall appertain. And thereupon the 

said Master doth Protest, and I, the said Notary, at his special interest and request, do by these 

presents, publicly and solemnly Protest against Winds, Weather, Seas, Fire, &c and against all 

and every accident, matter and thing, had and met with as aforesaid, whereby or by means 

whereof the said Vessel or her cargo, already has, or hereafter shall appear to have suffered or 

sustained damage or injury, for all losses, costs, charges, expenses, damages, and injury, which 

the said Vessel the owner or owners of the said Vessel or the owners, freighters or shippers of 

her said cargo, or any other person or persons interested or concerned in either, already have or 

may hereafter pay, sustain, incur, or be put unto by or on account of the premises, or for which 

the insurer or insurers of the said Vessel or her cargo is or are respectively liable to pay or make 

contribution or average according to custom, or their respective contracts or obligations; and that 

no part of such losses and expenses already incurred, or hereafter to be incurred, do fall on him 

the said William Cushing his officers or crew. 

 Thus Done and Protested, at my Office, in the City of New Orleans, this Second day of 

February in the year of our Lord one thousand eight hundred and forty-six in the presence of 

James Gardiner and Wm. Shannon, both of this City, competent witnesses, who hereunto sign 

their names, together with the said Appearers, and me, said Notary. 

[Signed] 

William Shannon Wm. Cushing, Master 

James Gardiner Chas. F. King 

 Benj. W. Loring 

 

 Jas. M. Murray 

 John Lawson 

 G.R. Stringer 

 Notary Public 

562
563
564
565
566
567
No. 88, February 28th 1846 184 

Protest of Flatboat No. 2 

United States of America, State of Louisiana, City of New Orleans 

By this public Instrument of Protest, Be it Known, That on the Twenty-eighth day of 

February in the year of our Lord one thousand eight hundred and forty-six, and of the 

Independence of the United States of America, the seventieth, Before Me, Greenbury Ridgely 

Stringer, a Notary Public in and for the Parish of Orleans, dwelling in the City of New Orleans, 

State of Louisiana, duly Commissioned and Sworn, Personally Came and Appeared George W. 

Armstrong, Master of the Flat Boat called the No. 2 of Capt. G.W. Armstrong’s charge &c and 

“7” of the freighter Boats belonging and adjudged [?] to Alex Colter & deposed that on the 8th

day of February 1846 he noted in due form of law with J.M. Alexander, Justice of the Peace for 

Lauderdale County, State of Tennessee his Protest, for the uses and purposes hereafter 

mentioned and now, at this day, to wit, the day of the date hereof, before me, the said Notary, at 

the City of New Orleans aforesaid, again comes the said Master and requires me to extend his 

Protest, and together with the said Master also come William Wagner, Phil C. Wagman, H. 

Brown, J.J. Marsten, hands, belonging to the aforesaid Flat Boat: all of whom being by me duly 

sworn on the Holy Evangelists of Almighty God, voluntarily, freely, and solemnly do declare 

and depose as follows, that is to say, that on the 28th day of January 1846 he, the said G.W. 

Armstrong set sail and departed in and with the said Boat as Master thereof from Warsaw, Ky. having on board the said Flat a cargo of Provisions, and bound for the Port of New Orleans, La.

that the said Flat Boat was then stout, staunch, and strong; had her cargo well and sufficiently 

stowed and secured; was well manned, tackled, victualled, appareled, and appointed; and was in 

every respect fit for the voyage she was about to undertake: 

Got underway on the day and date as above written and proceeded down the river 

with nothing very material occurring worthy of particular note until Friday morning 6th

February inst. at about 9 O’clock while passing Plum Point Bend [TN, Mississippi 

River], the wind suddenly commenced blowing heavily, towards the Arkansas shore, 

driving the boat towards the Bend; and as the current was setting strong that way also, the 

master found it impossible with the exertion of all hands on board to avoid being driven 

into the Bend, into which they were forced and struck against some snags near the lower 

part of said bend striking the boat about midway on the plank above the gunwale, the 

lower part of the break about 15 or 20 feet in length being under water, also breaking 

several of her stanchions badly, causing the boat to leak badly and as the wind was 

blowing very hard with considerable swell in the bend, it was impossible to manage the 

boat, or keep her free and she accordingly sunk in about fifteen minutes after her disaster 

so that only a small portion of her roof remained above water. After this the Boat drifted 

along, with part of the crew remaining on her – passed Fulton [TN], at which place 

procured additional help and kept by her until she run [sic] on the sand bar at the head of 

Island No. Thirty-four, where she grounded, and now remains in a very wrecked 

condition, and entirely covered underwater – And the said appearers further declare that 

every exertion in their power has been made to save property, but only succeeded in 

saving in all 31 Barrels Pork, the river having commenced soon after to rise rapidly, 

making it impossible to get out any more Cargo and the said appearers further declare 

that there was originally taken on board the above named Flat Boat One Thousand and 

Thirty Barrels of pork 

and the said Master further says, that, as all the damage and injury which already has or may 

hereafter appear to have happened or accrued to the said Boat or her said cargo, has been 

occasioned solely by the circumstances herein before stated, and cannot nor ought to be 

attributed to any insufficiency of the said Boat or default of him, this deponent, his officers or 

568
crew: he now requires me, the said Notary, to make his Protest and this public act thereof, that 

the same may serve and be of full force and value as of right shall appertain. And thereupon the 

said Master doth Protest, and I, the said Notary, at his special interest and request, do by these 

presents, publicly and solemnly Protest against Winds, Weather, snags, leaks &c and against all 

and every accident, matter and thing, had and met with as aforesaid, whereby or by means 

whereof the said Boat or her cargo, already has, or hereafter shall appear to have suffered or 

sustained damage or injury, for all losses, costs, charges, expenses, damages, and injury, which 

the said Boat the owner or owners of the said Boat or the owners, freighters or shippers of her 

said cargo, or any other person or persons interested or concerned in either, already have or may 

hereafter pay, sustain, incur, or be put unto by or on account of the premises, or for which the 

insurer or insurers of the said Boat or her cargo is or are respectively liable to pay or make 

contribution or average according to custom, or their respective contracts or obligations; and that 

no part of such losses and expenses already incurred, or hereafter to be incurred, do fall on him 

the said George W. Armstrong his officers or crew. 

 Thus Done and Protested, at my Office, in the City of New Orleans, this Twenty-eighth

day of February in the year of our Lord one thousand eight hundred and forty-six in the presence 

of William Shannon and James Gardiner, both of this City, competent witnesses, who hereunto 

sign their names, together with the said Appearers, and me, said Notary. 

[Signed] 

William Shannon G.W. Armstrong 

J.W. Gardiner William Wagner 

 Riol C. Wagman 

 H. Brown 

 X J.J. Marsten [Masters] 

 G.R. Stringer 

 Notary Public 

State of Tennessee No. 2 of Capt. G.W. Armstrong’s charge and No. 7 of 

Lauderdale County the freighter Boats belonging to Alex Colter 

 This day personally appeared before me J.M. Alexander an acting Justice of the Peace 

from the County and State aforesaid~~ George W. Armstrong, Captain of Flat Boat No. 2 as 

above and made oath that he started from Warsaw in the State of Kentucky on the 28th day of 

January 1846 with Flatboat No. 2 loaded with Barrell [sic throughout] Pork, about Ten hundred 

& sixty barrels belonging to Roberts & Peak of Warsaw Ky. and consigned to George Roberts ~ 

New Orleans ~ and had on board a good and sufficient crew of hands to manage boat being Six 

in number – good cables – anchor &c – and that the boat was strong and well built & was in 

every way sufficient for the load – and that no accident of any kind happened until Friday 

morning about 9 O’clock on the 6th Febry. last – when whilst passing Plum Point bend [TN], the 

wind strongly blew hard towards the Arkansas Shore, driving the boat into the bend, which 

together with the strong current setting in the same direction, made it impossible with all the 

exertions that could be used with all hands to keep this said boat out of the bend – finally we 

were driven against some snags near the lower part of the bend – and then sd. Boat No. 2 was 

569
snagged about midway [on] the boat, on the plank near the gunwale plank, the lower part of the 

break being under water & some fifteen to twenty feet in length, and several of the stanchions 

broken in – the wind blowing hard the water being so high, it was impossible to repair or stop the 

break, every exertion being tried [?] – She sunk down in about from ten to fifteen minutes after 

she was snagged until but a small portion of the roof was left above the water, we were then for 

the safety of the other boat No. 1 to which she was lashed – compelled to cut her loose, after this 

she drifted on down, a portion of the hands still remaining on her, past Fulton, at which place we 

got additional help, until she run [sic] on the sand bar at the head of Island Thirty-four where she 

grounded & now lies with a strong Cable & anchor attached to her, entirely covered under water; 

we made [185-A] every exertion possible to get the loading out, & succeeded in saving twentytwo barrels of the Pork, but the river continued to rise so fast that it was impossible to do 

anything from there. 

 Sworn to & subscribed before me this 8th Feby. 1846 G.W. Armstrong 

 J.M. Alexander /JP/ 

 for Lauderdale County 

State of Tennessee 

Lauderdale Cty. – This day personally appeared before me J.M. Alexander as acting justice for 

the County and State aforesaid William Wagner, Second Sr. assistant Pilot – and Riol C. 

Wagman, Benjamin Pine – George A. Gray – John J. Masters – H. Brown – John W. Fosset [sic] 

– W.B. McBley – Stephen Burge – Lambert C. Bergen & A.N. Clark – Crew belonging to flat 

Boats No. 1 & 2 – and made oath – that the statements made by Capt. Armstrong in the above 

affidavit are all true. 

 Sworn to & subscribed before me this 8th July 1846 

 J.M. Alexander JP William Wagner 

 For Lauderdale County R.C. Wagman 

 Benjamin Pine 

 G.A. Gray 

 X John J. Masters 

 H. Brown 

 J.W. Fawcett 

 W.B. McBley 

 Stephen Burge 

 X Lambert Bergen 

 X Andrew Clark 

 

 

570
571
572
573
No. 116, March 16th 1846 247 

Protest of Flatboat “Ohio” 

United States of America, State of Louisiana, City of New Orleans 

By this public Instrument of Protest, Be it Known, That on the Sixteenth day of March in 

the year of our Lord one thousand eight hundred and forty-six, and of the Independence of the 

United States of America, the seventieth, Before Me, Greenbury Ridgely Stringer, a Notary 

Public in and for the Parish of Orleans, dwelling in the City of New Orleans, State of Louisiana, 

duly Commissioned and Sworn, Personally Came and Appeared Charles Pierce, Master of the 

Flat Boat No. 8 called the Ohio and noted in due form of law with me said Notary his Protest, for 

the uses and purposes hereafter mentioned and now, at this day, to wit, the day of the date hereof, 

before me, the said Notary, at the City of New Orleans aforesaid, again comes the said Charles 

Pierce and requires me to extend his Protest, and together with the said Pierce also come Noah 

Northcraft, Franklin Dickson, Bennet Stoye and Michael McCabe, hands, belonging to the 

aforesaid Boat: all of whom being by me duly sworn on the Holy Evangelists of Almighty God, 

voluntarily, freely, and solemnly do declare and depose as follows, that is to say, that on 

Saturday the 14th day of February last past he, the said Charles Pierce set sail and departed in and 

with the said Flat Boat Ohio as Master thereof from Cincinnati, Ohio, having on board the said 

Flat a cargo of Provisions, and bound for the Port of New Orleans, La. that the said Boat was 

then stout, staunch, and strong; had her cargo well and sufficiently stowed and secured; was well 

manned, tackled, victualled, appareled, and appointed; and was in every respect fit for the 

voyage she was about to undertake: 

Got ready for departure from their port of lading on the day and date as aforesaid, 

and proceeded down the Ohio River with nothing very material occurring worthy of 

particular note until Sunday morning at about half-past three O’clock A.M. when the 

moon having gone down, and there being a very thick fog arising, the Master deemed it 

necessary for general safety to land and make the boat secure for the rest of the night; and 

while making the necessary preparation, having reached the banks of the river, the boat 

suddenly struck a large root of a tree partly concealed under the water, and stove in the 

side of the boat very badly, causing her to sink in less than twenty minutes, rendering all 

the exertion in their power by pumping, bailing, &c utterly useless~~ At the time of her 

disaster the Boat had reached a place called Racourci [sic] Point about two hundred miles 

above the city in the Mississippi River~~ Immediately made every exertion in their 

power to save property – secured the wreck at the bank of the river, employed all the 

extra hands that could be found in the neighborhood of the disaster, and commenced 

saving property ~ got out part of the Cargo in a damaged condition, and put it on shore, 

and the said Master further says, that, as all the damage and injury which already has or may 

hereafter appear to have happened or accrued to the said Boat or her said cargo, has been 

occasioned solely by the circumstances herein before stated, and cannot nor ought to be 

attributed to any insufficiency of the said Boat or default of him, this deponent, his officers or 

crew: he now requires me, the said Notary, to make his Protest and this public act thereof, that 

the same may serve and be of full force and value as of right shall appertain. And thereupon the 

said Master doth Protest, and I, the said Notary, at his special interest and request, do by these 

presents, publicly and solemnly Protest against Winds, Weather, leaks, snags, &c and against all 

and every accident, matter and thing, had and met with as aforesaid, whereby or by means 

whereof the said boat or her cargo, already has, or hereafter shall appear to have suffered or 

sustained damage or injury, for all losses, costs, charges, expenses, damages, and injury, which 

the said boat the owner or owners of the said boat or the owners, freighters or shippers of her 

said cargo, or any other person or persons interested or concerned in either, already have or may 

hereafter pay, sustain, incur, or be put unto by or on account of the premises, or for which the 

insurer or insurers of the said boat or her cargo is or are respectively liable to pay or make 

574
contribution or average according to custom, or their respective contracts or obligations; and that 

no part of such losses and expenses already incurred, or hereafter to be incurred, do fall on him 

the said Pierce his officers or crew. 

 Thus Done and Protested, at my Office, in the City of New Orleans, this Sixteenth day of 

March in the year of our Lord one thousand eight hundred and forty-six in the presence of 

William Shannon and James Gardiner, both of this City, competent witnesses, who hereunto sign 

their names, together with the said Appearers, and me, said Notary. 

[Signed] 

William Shannon Charles Pierce 

J.W. Gardiner Noah Northcraft 

 Franklin Dickson 

 Bennet Stoye 

 Michael McCabe 

 G.R. Stringer 

 Notary Public 

 

575
576
577
578
579
No. 143, March 31st 1846 297 

Protest of Steam Boat Wabash Valley 

United States of America, State of Louisiana, City of New Orleans 

By this public Instrument of Protest, Be it Known, That on the Thirty-first day of March

in the year of our Lord one thousand eight hundred and forty-six, and of the Independence of the 

United States of America, the seventieth, Before Me, Greenbury Ridgely Stringer, a Notary 

Public in and for the Parish of Orleans, dwelling in the City of New Orleans, State of Louisiana, 

duly Commissioned and Sworn, Personally Came and Appeared Wm. W. Tunstall, Master of the 

Steam Boat called the Wabash Valley and noted in due form of law with me said Notary his 

Protest, for the uses and purposes hereafter mentioned and now, at this day, to wit, the day of the 

date hereof, before me, the said Notary, at the City of New Orleans aforesaid, again comes the 

said W.W. Tunstall and requires me to extend his Protest, and together with the said W.W. 

Tunstall also come F.C. Fulcher, Clerk; A.G. Butler, Mate; Thomas L. Bailey, Pilot; Gideon 

Witham, Engineer; Henry Klanke, Pilot; James Neal, Watchman; and William Butler and C. 

Johnson, Deck Hands, belonging to the aforesaid Steam Boat: all of whom being by me duly 

sworn on the Holy Evangelists of Almighty God, voluntarily, freely, and solemnly do declare 

and depose as follows, that is to say, that on Friday the Twentieth day March 1846 at about 11 

O’clock A.M., he, the said Wm. W. Tunstall set sail and departed in and with the said Steam 

Boat as Master thereof from Batesville, Ark. (on the White River), having on board the said 

Steamboat a cargo of Merchandise, and bound for the Port of New Orleans, La. that the said 

Steam Boat was then stout, staunch, and strong; had her cargo well and sufficiently stowed and 

secured; was well tackled, victualled, appareled, and appointed; and was in every respect fit for 

the voyage she was about to undertake: 

Got up Steam on the day and date as above written, with part of Cargo on board, 

and proceeded down White River.~ On the same evening, arrived at Fosters Landing, and 

received on board more Cargo~~ Next morning Saturday 21st left said landing and 

continued on the passage from day to day with nothing material occurring worthy of 

particular note up to Friday 27th March instant ~~ On the following morning about a half 

an hour past midnight, being at this time clear and starlight, the Pilot of the Wabash 

Valley, Thomas S. Bailey, who was then at the wheel, first discovered a Steam Boat 

distant about two miles running up the Mississippi River ~~ At this time the Wabash 

Valley had her signal lantern well lighted and placed in the usual place on her hurricane 

deck and was running in the regular channel taken by Steamers going down the said 

Mississippi, being in the middle of the river on the “bend side” so called, (about one mile 

below Jefferson College [St. James Parish]~~~ Soon after the Steamer Rainbow passed 

taking the customary course, when the Pilot at the wheel observed to the Mate that the 

next boat coming was above her regular crossing point and running too near the “bend 

side” of the River, and as she approached nearer they hailed the Steamboat (since 

ascertained to be the Bulletin, Church Master) to stop their boat to prevent running into 

the Wabash Valley and instantly after, stopped both the engines of the said Wabash 

Valley, and rung the Bell to have her backed, but too late to prevent the disaster, and the 

said Steam Boat Bulletin having continued on without stopping, immediately run [sic] 

into the Steamer Wabash Valley striking her with great force on the S[t]arboard side, near 

the chock, cutting her Bow [298] completely off, when the boat sunk to her Cabin Floor 

in less than three minutes after, the crew and passengers barely saving their lives~~ Made 

signal of distress immediately by constantly ringing her Bell for the Bulletin to remain by 

us, but she proceeded on without once stopping to render any assistance, the boat at this 

time being a complete wreck, and the Hull parted from her Cabin ~~ Continued making 

signals for assistance, ringing bell &c. when shortly after Capt. Scott with the Steamer 

Belle Creole came alongside took the passengers and crew from her, and afterwards 

towed the wreck to the bank of the river where she now remains nearly under water~~ 

580
Immediately made all due exertion to save property, got out part of her Cargo, Cabin 

furniture &c, when finding nothing further could be done for the general good, the 

officers and crew (after taking good care of the property saved) proceeded on and arrived 

in the City of New Orleans, without further disaster or delay~ 

and the said Master further says, that, as all the damage and injury which already has or may 

hereafter appear to have happened or accrued to the said Steamer or her said cargo, has been 

occasioned solely by the circumstances herein before stated, and cannot nor ought to be 

attributed to any insufficiency of the said Steamer or default of him, this deponent, his officers or 

crew: he now requires me, the said Notary, to make his Protest and this public act thereof, that 

the same may serve and be of full force and value as of right shall appertain. And thereupon the 

said Master doth Protest, and I, the said Notary, at his special interest and request, do by these 

presents, publicly and solemnly Protest against Winds, Weather, and disaster by being run into 

and sunk by Steam Boat Bulletin, Church Master and against all and every accident, matter and 

thing, had and met with as aforesaid, whereby or by means whereof the said Steamer or her 

cargo, already has, or hereafter shall appear to have suffered or sustained damage or injury, for 

all losses, costs, charges, expenses, damages, and injury, which the said Steamer the owner or 

owners of the said Steamer or the owners, freighters or shippers of her said cargo, or any other 

person or persons interested or concerned in either, already have or may hereafter pay, sustain, 

incur, or be put unto by or on account of the premises, or for which the insurer or insurers of the 

said Steamer or her cargo is or are respectively liable to pay or make contribution or average 

according to custom, or their respective contracts or obligations; and that no part of such losses 

and expenses already incurred, or hereafter to be incurred, do fall on him the said Wm. W. 

Tunstall his officers or crew. 

 Thus Done and Protested, at my Office, in the City of New Orleans, this Thirty-first day 

of March in the year of our Lord one thousand eight hundred and forty-six in the presence of 

James Gardiner and William Shannon, both of this City, competent witnesses, who hereunto sign 

their names, together with the said Appearers, and me, said Notary. 

[Signed] 

J.W. Gardiner Wm. W. Tunstall, Capt. 

William Shannon F.C. Fulcher, Clerk 

 A.G. Butler, Mate 

 Thomas L. Bailey, Pilot 

 Gideon Witham, Engineer 

 Henry Klanke, Pilot 

 X James Neal, Watchman 

 William Butler 

 C. Johnson 

 

G.R. Stringer 

 Notary Public 

581
582
583
584
585
No. 188, April 3rd 1846 469 

Protest of Ship St. Cloud 

United States of America, State of Louisiana, City of New Orleans 

By this public Instrument of Protest, Be it Known, That on the third day of April in the 

year of our Lord one thousand eight hundred and forty-six, and of the Independence of the 

United States of America, the seventieth Before Me, Greenbury Ridgely Stringer, a Notary 

Public in and for the Parish of Orleans, dwelling in the City of New Orleans, State of Louisiana, 

duly Commissioned and Sworn, Personally Came and Appeared William W. Hatch, Master of 

the ship called the St. Cloud and noted in due form of law with me said Notary, his Protest, for 

the uses and purposes hereafter mentioned and now, at this day, to wit, the day of the date hereof, 

before me, the said Notary, at the City of New Orleans aforesaid, again comes the said Wm. W. 

Hatch and requires me to extend his Protest, and together with the said Wm. W. Hatch also come 

Freeman A. Lewis, Mate; Edward C. Parker, Second Mate; Jared L. Wardell, Ephram Mullett, 

Colin L. Mead, John O’Brien, Antonio Poli, Seamen, belonging to the aforesaid ship all of 

whom being by me duly sworn on the Holy Evangelists of Almighty God, voluntarily, freely, 

and solemnly do declare and depose as follows, that is to say, that on Saturday the Seventeenth 

day of January last past, he, the said Wm. W. Hatch set sail and departed in and with the said 

vessel as Master thereof from Liverpool, Engd., having on board the said ship Ballast, and bound 

for the Port of Charleston, S.C. that the said Ship St. Cloud was then stout, staunch, and strong; 

had her Ballast well and sufficiently stowed and secured; was well masted, manned, tackled, 

victualled, appareled, and appointed; and was in every respect fit for sea and the voyage she was 

about to undertake: 

Throughout the day of leaving port as per date above written, had light winds 

from the Eastward – hauls ship into the Dock Lock being ready for sea – On the 

following day Sunday 18th Jan. commences fresh breezes from S.E. and thick weather~~ 

At 1 P.M. left Pear Head [?] with Pilot on board – At 1⁄2 past 3 P.M. Pilot left us. At 4 

Outer light vessel bore S.E. by E. distant 4 miles ~~Monday 19th, Tuesday 20th, Wednesday 21st nothing very material occurred. Thursday 22nd had fresh gales and thick 

weather – Wind S.S.W., during the night experienced strong gales with tremendous 

heavy gales, squalls – Ship under close reefed Fore and main Topsail and main Spencer 

[trysail] – day ends the same – January 23rd much the same, a heavy sea running, vessel 

Laboring and straining ~~ 24th Jan. more moderate ~ a great swell running from the 

Westward. Vessel laboring and pitching heavily and shipping water. Sunday 25th Jan. 

had fresh gales from W.S.W. ~ 26th commenced fresh gales and thick weather ~ during 

the night experienced heavy gales with tremendous squalls of wind and rain, vessel 

laboring, straining and pitching tremendously, under close reefed topsail and reefed 

Foresail. At this time the ship was laboring very badly and soon after commenced 

leaking some. At 8 A.M. gale still increasing, took in Major Topsail and Foresail ~ Split 

the fore and main course badly ~ men employed at the pumps as occasion required ~ 27th

Jan. & 28th do much the same – vessel leaking as before. 29th had strong gales – at 9 

A.M. morning, took in foresail, latter part-of-day strong gales and very heavy sea 

running, vessel laboring and straining badly ~ Split the Fore and main topsail badly, 

parted the larboard main topsail sheet. From this latter day up to February 3rd

experienced variable winds and weather, but nothing very material occurred to call for 

the particulars of same. Ship continued to leak more or less as the weather became 

boisterous or calm – On Wednesday 4th February ~ had strong gales and passing clouds ~ 

during the night had a great swell from the North, the ship rolling and straining heavily. 

5th Feb. gale continued as before took in and reefed sails. At 8 P.M. wind suddenly 

changed to the North – At this time discovered that the ship was leaking very badly – 

Employed the hands to throw overboard ballast to lighten vessel, the day ends with 

586
tremendous heavy squalls and sea running. Ship laboring badly and making 500 strokes 

per hour – Pumps strictly attended to. Friday wind N.W. strong gales and raining – 

heavy sea running [470] ship laboring badly and leak increased to 600 strokes per hour – 

bore away to get the ship into Lisbon if possible as the most favorable port, but on the 

following day, the wind heavy, proved variable & unfavorable – Altered our 

determination and made our course for Fayal [Azores]. 8 Feb. leak still steadily 

increasing – Crew employed constantly at the pumps ~~ made strict search to endeavor to 

find the leak, but without success – Vessel appears to be looking badly in many places – 

Monday 9th experienced strong gales with tremendous heavy squall of wind and rain, a 

very heavy sea running – Ship laboring hard and leak still increasing. Tuesday 10th much 

the same, vessel rolling & laboring much ~ Continued to search for the leak, trimmed the 

ballast out and cut away her ceiling, but could not discover the leaks – one pump 

constantly going ~ Wednesday 11th had strong gales with tremendous heavy squalls ` 

Tremendous heavy sea running, ship rolling and laboring badly – leak increased both 

pumps constantly going – find no chance of preserving the ship and being unable to make 

or carry sail on her in consequence of her leaking – Made preparation to be in readiness 

to leave the vessel for the preservation of their lives – Thursday the same as day before – 

the crew completely exhausted from excessive exertion, pumping &c – no sail carried on 

the ship in consequence of her leaking – Friday 13th Feb. continued heavy gales and 

squally – wind S.S.W. At 6 A.M. discovered a sail bearing East, distant 5 miles and 

finding no possibility of saving the ship, and all hands, being completely exhausted, it 

was deemed necessary for the preservation of their lives to abandon her, accordingly 

made signal of distress, and the ship came to our relief, and after some delay we 

succeeded in getting on board of the ship Lochinvar and arrived at New Orleans without 

further disaster. At the time of having the wreck, there was over five feet of water in her 

hold, 

and the said Master further says, that, as all the damage and injury which already has or may 

hereafter appear to have happened or accrued to the said vessel or her said cargo, has been 

occasioned solely by the circumstances herein before stated, and cannot nor ought to be 

attributed to any insufficiency of the said vessel or default of him, this deponent, his officers or 

crew: He now requires me, the said Notary, to make his Protest and this public act thereof, that 

the same may serve and be of full force and value as of right shall appertain. And thereupon the 

said Master doth Protest, and I, the said Notary, at his special interest and request, do by these 

presents, publicly and solemnly Protest against Winds, Weather, Seas, leaks, abandonment and 

against all and every accident, matter and thing, had and met with as aforesaid, whereby or by 

means whereof the said vessel or her cargo, already has, or hereafter shall appear to have 

suffered or sustained damage or injury, for all losses, costs, charges, expenses, damages, and 

injury, which the said vessel the owner or owners of the said vessel or the owners, freighters or 

shippers of her said cargo, or any other person or persons interested or concerned in either, 

already have or may hereafter pay, sustain, incur, or be put unto by or on account of the 

premises, or for which the insurer or insurers of the said vessel or her cargo is or are respectively 

liable to pay or make contribution or average according to custom, or their respective contracts 

or obligations; and that no part of such losses and expenses already incurred, or hereafter to be 

incurred, do fall on him the said Master his officers or crew. 

 Thus Done and Protested, at my Office, in the City of New Orleans, this Third day of 

April in the year of our Lord one thousand eight hundred and forty-six in the presence of W. 

Shannon and James Gardiner, both of this City, competent witnesses, who hereunto sign their 

names, together with the said Appearers, and me, said Notary. 

[Signed] 

William Shannon Wm. W. Hatch 

587
James Gardiner Freeman A. Lewis 

 Edward C. Parker 

 

 Jared L. Wardell 

 Ephram Mullett 

 Colin L. Mead 

 John O’Brien 

 X Antonio Poli 

 G.R. Stringer 

 Notary Public 

588
589
590
591
592
593
594
No. 195, April 11th 1846 482 

Protest of Steam Boat Patriot 

United States of America, State of Louisiana, City of New Orleans 

By this public Instrument of Protest, Be it Known, That on the Eleventh day of April in 

the year of our Lord one thousand eight hundred and forty-six, and of the Independence of the 

United States of America, the seventieth, Before Me, Greenbury Ridgely Stringer, a Notary 

Public in and for the Parish of Orleans, dwelling in the City of New Orleans, State of Louisiana, 

duly Commissioned and Sworn, Personally Came and Appeared David F. Rudd, Master of the 

Steam Boat called the Patriot and declared that on the 25th day of March 1846 he noted in due 

form of law with Colby Randle, Notary in and for State of Tennessee, County of Henry, his 

Protest, for the uses and purposes hereafter mentioned and now, at this day, to wit, the day of the 

date hereof, before me, the said Notary, at the City of New Orleans aforesaid, again comes the 

said David F. Rudd and requires me to extend his Protest, and together with the said David F. 

Rudd also come Rufus Ford, Clerk, Frank Casey, belonging to the aforesaid Steam Boat: all of 

whom being by me duly sworn on the Holy Evangelists of Almighty God, voluntarily, freely, 

and solemnly do declare and depose as follows, that is to say, that on the Nineteenth day of 

March last past, he, the said Rudd set sail and departed in and with the said Steamer Patriot as 

Master thereof from Florence Landing, on the Tennessee River, having on board the said Boat a 

cargo of Cotton, and bound for the Port of New Orleans that the said Boat was then stout, 

staunch, and strong; had her cargo well and sufficiently stowed and secured; was well manned, 

tackled, victualled, appareled, and appointed; and was in every respect fit for the voyage she was 

about to undertake: 

Departed from the aforesaid landing as above written and proceeded down the 

River with no accident occurring up to 21st day of March following ~ On the 22nd soon 

after midnight, while proceeding on their regular course, having arrived to within about 

four miles of the mouth of the Sandy, the boat suddenly struck on a bar near the upper 

end of Lewis Island and remained hard and fast. Immediately used all means in their 

power to back her off but without success, and finding the river to be falling very rapidly, 

and the boat having settled on the Bar and bilged, the Master deemed it necessary for 

general preservation of property to employ lighters and the hands who together with 

himself and part of the crew immediately after commenced discharging and saving 

Cargo, which was landed on shore and placed in safety, some of it partially damaged, and 

several Bales lost, (when the boat sunk) in consequence of the starboard guard breaking 

~~ Part of the Cargo has since been reshipped on board Steamer Glencoe, charges and 

salvages paid thereon, and that portion of the property bro’t to New Orleans in charge of 

the Clerk of the Patriot ~~ The remaining Cargo saved is now near the mouth of the 

Sandy and at Paducah, and the Master has arrived here to procure the necessary funds and 

conveyance to return and get the balance of Cargo out of the possession of the Salvors ~ 

Part of the Materials of the boat have also been saved ~ most of the Cotton saved, was 

floated down the river abt. Seven miles, by means of rafts made by connecting the bales 

of Cotton together, for the purpose of finding a suitable place to land same ~~ The Cotton 

lost overboard by the breaking of the Starboard guard was mostly recovered and taken 

out of the hands of Salvors by paying the charges on same~ 

and the said D.F. Rudd further says, that, as all the damage and injury which already has or may 

hereafter appear to have happened or accrued to the said Steam Boat or her said cargo, has been 

occasioned solely by the circumstances herein before stated, and cannot nor ought to be 

attributed to any insufficiency of the said Steamer Patriot or default of him, this deponent, his 

officers or crew: He now requires me, the said Notary, to make his Protest and this public act 

thereof, that the same may serve and be of full force and value as of right shall appertain. And 

595
thereupon the said David F. Rudd doth Protest, and I, the said Notary, at his special interest and 

request, do by these presents, publicly and solemnly Protest against Winds, Weather, Seas, 

strandings, &c and against all and every accident, matter and thing, had and met with as 

aforesaid, whereby or by means whereof the said Steamboat or her cargo, already has, or 

hereafter shall appear to have suffered or sustained damage or injury, for all losses, costs, 

charges, expenses, damages, and injury, which the said Steamer the owner or owners of the said 

Steamboat or the owners, freighters or shippers of her said cargo, or any other person or persons 

interested or concerned in either, already have or may hereafter pay, sustain, incur, or be put unto 

by or on account of the premises, or for which the insurer or insurers of the said Steam Boat or 

her cargo is or are respectively liable to pay or make contribution or average according to 

custom, or their respective contracts or obligations; and that no part of such losses and expenses 

already incurred, or hereafter to be incurred, do fall on him the said D.F. Rudd his officers or 

crew. 

 Thus Done and Protested, at my Office, in the City of New Orleans, this Eleventh day of 

April in the year of our Lord one thousand eight hundred and forty-six in the presence of James 

Gardiner and William Shannon, both of this City, competent witnesses, who hereunto sign their 

names, together with the said Appearers, and me, said Notary. 

[Signed] 

J.W. Gardiner Daniel T. Rudd, Master 

William Shannon Rufus Ford, Clerk 

 X Frank Casey 

 G.R. Stringer 

 Notary Public 

 

 A-482 

State of Tennessee } 

County of Henry } To Wit: 

By this Public Instrument of Protest Be it Known & made manifest to all to whom these 

presents shall come or may in anywise concern that on the 25th day of March in the Year of our 

Lord Eighteen Hundred & forty-six before me Colby Randle, a Justice of the Peace in & for the 

State & County aforesaid, duly commissioned & qualified Came D.F. Rudd acting Master or 

Captain of the Steam Boat called the Patriot, about [left blank] feet in length and [left blank] feet 

in width and carrying three Hundred & fifty tons; And also came James R. Rogers the Pilot, 

Simon F. Wicks, Mate, Joseph Kelly 2nd Mate, Abram D.G. Consuel 2nd Clerk, Alexander Gazer 

& John Berry, Deck Hands & Enos Shillito, Engineer~ All of and belonging to said Boat, who 

being severally sworn, according to Law & declare the truth deposes & said that said Boat 

departed from the Florence Landing on the Tennessee River in the County of Lauderdale in the 

State of Alabama on the 19th day of March in the Year 1846 ~ Lading with Eighteen Bales of 

Cotton & proceeded on the trip down and took in at different Landings, cotton amounting in all 

to 1096 Bales Shipped by sundry shippers and consequence to sundry consignees~~ Then under 

the command of the said D.F. Rudd who is an experienced & skillful Commander, bound for the 

Port of New Orleans in the State of Louisiana. That when the Boat departed aforesaid, She was 

Staunch, tight & strong, well manned and equipped for the voyage. That they proceeded on the 

[voyage?] without unnecessary delay, deviation, or accident, until the 22nd Day of March 1846 

596
when at or about the place called Lewis Island in the Tennessee River, about four miles above 

the mount of the Sandy, Said boat ran upon the bar at the upper end of said Lewis Island. The 

water falling very fast, and could not be got off, the weight of the Cargo breaking the Boat as the 

water subsided & left her on the Bottom. That every exertion in the power of said D.F. Rudd as 

Master or Captain of Said Boat, and of the Crew under his command, to arrive and prevent said 

accident, was made by which aforesaid accident said Boat was tore [sic] & sunk and her Cargo 

above described slightly damaged. That as soon as possible after this accident & loss occurred 

the said Master & Crew procured assistance and exerted all the means within their reach to 

recover and save the Cargo, Engine & furniture of said Boat for the benefit of whom it might 

concern. Said, therefore, the appearers and especially the said D.F. Rudd, acting Master as 

aforesaid on Boat. And I the said Colby Randle, Justice of the Peace aforesaid at their request 

with them do solemnly & publicly protest against the wind & waves & the dangers of the Rivers 

Generally, and especially against the aforesaid accident as the cause of all the loss and damages 

in the premises & have not found negligence or mismanagement is or might be ascribed to the 

said Appearers, and any part of the Steam Boat Crew or Company ~~ Done and Protested at the 

month of and on the Day & year first above written, the protesters signing their names with me 

the said Colby Randle Justice of Peace. 

Signed 

 David F. Rudd, Master 

 James R. Rogers, Pilot 

 S. F. Wicks, Mate 

Joseph Kelly 2nd Mate 

Abram D.G. Consuel 2nd Clerk 

X Alexander Guyer Deck Hand 

John Berry Deck Hand 

Enos Shillito,1st Engineer 

 

C. Randle, Justice of Peace for Henry County, Tennessee 

597
598
599
600
No. 206, April 17th 1846 503 

Protest of Flat Boat Mary 

United States of America, State of Louisiana, City of New Orleans 

By this public Instrument of Protest, Be it Known, That on the Seventeenth day of April

in the year of our Lord one thousand eight hundred and forty-six, and of the Independence of the 

United States of America, the Seventieth, Before Me, Greenbury Ridgely Stringer, a Notary 

Public in and for the Parish of Orleans, dwelling in the City of New Orleans, State of Louisiana, 

duly Commissioned and Sworn, Personally Came and Appeared Ratliff B. Lane, Master of the 

Flat Boat called the Mary, and declared that on the 12th day of April inst. he noted in due form of 

law with Ira Ballard, Justice of the Peace in and for the Parish of Concordia, State of Louisiana, his Protest, for the uses and purposes hereafter mentioned and now, at this day, to wit, the day of 

the date hereof, before me, the said Notary, at the City of New Orleans aforesaid, again comes 

the said Ratliff B. Lane and requires me to extend his Protest, and together with the said Daniel 

Fisher also come Richard Freeman, Franklin D. Bullett, Isaiah Sprinkle, hands belonging to the 

aforesaid Flat Boat: all of whom being by me duly sworn on the Holy Evangelists of Almighty 

God, voluntarily, freely, and solemnly do declare and depose as follows, that is to say, that on 

Tuesday 24th day of March last past, he, the said Lane departed in and with the said Flat Boat as 

Master thereof from Evansville, Ind. on the Ohio River having on board the said Boat a cargo of 

Corn, and bound for the Port of New Orleans that the said Boat was then stout, staunch, and 

strong; had her cargo well and sufficiently stowed and secured; was well manned, tackled, 

victualled, appareled, and appointed; and was in every respect fit for the voyage she was about to 

undertake: 

Left port as above stated and proceeded on their course down the Ohio with no 

accident occurring until her arrival in the Mississippi near the mouth of Red River, when 

they experienced very rough rainy weather together with a high wind, causing a heavy 

swell, ~ Put in for shore and secured the boat at about 6 O’clock P.M. at Ruth Point 

intending to remain for the night or until they could proceed with safety to the property 

on board ~~ During the first part of the night several Steam Boats passed near the Flat 

Boat causing a very bad swell, during which time at about Two O’clock P.M. first 

discovered that the boat was making water very freely, supposed to have been caused by 

her stiffing some hidden substance under water. Immediately made all exertion to find 

the leak, but without success~ also manned the pumps to endeavor to free her, but found 

it absolutely impossible to keep her from filling and the boat soon after sunk to her roof, 

where she now remains in a wrecked condition, the cargo all under water, 

and the said Master further says, that, as all the damage and injury which already has or may 

hereafter appear to have happened or accrued to the said Boat or her said cargo, has been 

occasioned solely by the circumstances herein before stated, and cannot nor ought to be 

attributed to any insufficiency of the said Boat or default of him, this deponent, his officers or 

crew: He now requires me, the said Notary, to make his Protest and this public act thereof, that 

the same may serve and be of full force and value as of right shall appertain. And thereupon the 

said Master doth Protest, and I, the said Notary, at his special interest and request, do by these 

presents, publicly and solemnly Protest against Winds, Weather, snags, leaks, &c and against all 

and every accident, matter and thing, had and met with as aforesaid, whereby or by means 

whereof the said boat or her cargo, already has, or hereafter shall appear to have suffered or 

sustained damage or injury, for all losses, costs, charges, expenses, damages, and injury, which 

the said boat the owner or owners of the said boat or the owners, freighters or shippers of her 

said cargo, or any other person or persons interested or concerned in either, already have or may 

hereafter pay, sustain, incur, or be put unto by or on account of the premises, or for which the 

insurer or insurers of the said boat or her cargo is or are respectively liable to pay or make 

601
contribution or average according to custom, or their respective contracts or obligations; and that 

no part of such losses and expenses already incurred, or hereafter to be incurred, do fall on him 

the said Master his officers or crew. 

 Thus Done and Protested, at my Office, in the City of New Orleans, this seventeenth day 

of April in the year of our Lord one thousand eight hundred and forty-six in the presence of 

William Shannon and James Gardiner both of this City, competent witnesses, who hereunto sign 

their names, together with the said Appearers, and me, said Notary. 

[Signed] 

William Shannon R.B. Lane 

J.W. Gardiner X Richard Freeman 

 Franklin D. Bullett 

 Isaiah Sprinkle 

 

 G.R. Stringer 

 Notary Public 

602
603
604
605
606
607
608
No. 216, April 22nd 1846 525 

Protest of 

Flat Boat 

Number Two 

United States of America, State of Louisiana, City of New Orleans 

By this public Instrument of Protest, Be it Known, That on the Twenty-second day of 

April in the year of our Lord one thousand eight hundred and forty-six, and of the Independence 

of the United States of America, the seventieth, Before Me, Greenbury Ridgely Stringer, a 

Notary Public in and for the Parish of Orleans, dwelling in the City of New Orleans, State of 

Louisiana, duly Commissioned and Sworn, Personally Came and Appeared Daniel Fisher, Master of the Flat Boat called the Number Two and declared that on the Ninth day of April 1846, 

he noted in due form of law with Henry Stees Notary Public in the County of Wabash, State of 

Illinois, his Protest, for the uses and purposes hereafter mentioned and now, at this day, to wit, 

the day of the date hereof, before me, the said Notary, at the City of New Orleans aforesaid, 

again comes the said Daniel Fisher and requires me to extend his Protest, and together with the 

said Daniel Fisher also come [no names listed], belonging to the aforesaid Flat Boat: all of 

whom being by me duly sworn on the Holy Evangelists of Almighty God, voluntarily, freely, 

and solemnly do declare and depose as follows, that is to say, that on Tuesday the Thirty-first 

day of March last past, he, the said Daniel Fisher departed in and with the said Boat as Master

thereof from Montezuma, on the Wabash River, Ind., having on board the said Boat a cargo of 

Merchandise, and bound for the Port of New Orleans that the said Boat was then stout, staunch, 

and strong; had her cargo well and sufficiently stowed and secured; was well masted, manned, 

tackled, victualled, appareled, and appointed; and was in every respect fit for the voyage she was 

about to undertake: 

Departed from her port of loading as above written and proceeded down the 

Wabash river without any detention or delay until the 4th day of April following when 

they arrived at a place called the Hanging Rock, and while endeav’ing to pass over, the 

boat struck the rock, and remained fast.~ Made all exertion to get her off, and the river 

having commenced rising succeeded on the 8th of April in getting her afloat,~ Proceeded 

again on their course, about one-quarter of a mile further in the Rapids, when the boat 

again struck very suddenly some hidden substance, and passed over it, causing a heavy 

jarring of the boat ~~ Tried the pumps but found the boat apparently tight, and continued 

on about two miles further, when the boat was hauled in at Midnight and secured 

alongside of the bank to wait for a rise of water ~~ continued using the pump as occasion 

required during the night, and towards day break on the 9th April, discovered that she was 

leaking very freely~~ Manned the pumps immediately, and commenced searching for the 

leak, but could not find it, and as the Boat was filling rapidly, engaged all the extra hands 

about the place of her disaster to assist them in saving property ~ Got out part of her 

Cargo (more or less damaged) and put it in a place of safety, on shore; after which the 

boat sunk, below her roof, with the balance of Cargo on board, consisting of bulk wheat, 

in part, and some Flax seed and wheat in casks~~~ The Master sold a small portion of the 

Cargo to raise funds to pay for line of men and other expenses; the balance of Cargo 

saved he reshipped per Steamer Elk as far as Evansville, Ind. where he landed it in store, 

and finally reshipped it on board the Steamer Cincinnati; proceeded on with the property, 

arrived at New Orleans, and delivered the same to the consignees ~~ The hands of the 

[526] aforementioned Flat Boat No. 2, Stephen Parker and Isaac Gray, signed the note of 

Protest made by Henry Stees, Notary, and after having assisted in saving and securing 

property, were settled with for their extra labor and returned home, the Master only 

coming to this City with the property~~ 

609
and the said Master further says, that, as all the damage and injury which already has or may 

hereafter appear to have happened or accrued to the said Boat or her said cargo, has been 

occasioned solely by the circumstances herein before stated, and cannot nor ought to be 

attributed to any insufficiency of the said Boat or default of him, this deponent, his officers or 

crew: He now requires me, the said Notary, to make his Protest and this public act thereof, that 

the same may serve and be of full force and value as of right shall appertain. And thereupon the 

said Master doth Protest, and I, the said Notary, at his special interest and request, do by these 

presents, publicly and solemnly Protest against Winds, Weather, Leaks, detentions, &c and 

against all and every accident, matter and thing, had and met with as aforesaid, whereby or by 

means whereof the said boat or her cargo, already has, or hereafter shall appear to have suffered 

or sustained damage or injury, for all losses, costs, charges, expenses, damages, and injury, 

which the said boat the owner or owners of the said boat or the owners, freighters or shippers of 

her said cargo, or any other person or persons interested or concerned in either, already have or 

may hereafter pay, sustain, incur, or be put unto by or on account of the premises, or for which 

the insurer or insurers of the said boat or her cargo is or are respectively liable to pay or make 

contribution or average according to custom, or their respective contracts or obligations; and that 

no part of such losses and expenses already incurred, or hereafter to be incurred, do fall on him 

the said Master his officers or crew. 

 Thus Done and Protested, at my Office, in the City of New Orleans, this Twenty-second 

day of April in the year of our Lord one thousand eight hundred and forty-six in the presence of 

James Gardiner and William Shannon, both of this City, competent witnesses, who hereunto sign 

their names, together with the said Appearers, and me, said Notary. 

[Signed] 

J.W. Gardiner Daniel Fisher 

William Shannon 

 

 G.R. Stringer 

 Notary Public 

 A-526 

State of Illinois, County of Wabash 

 Be it remembered that on this ninth day of April 1846 before the undersigned a Notary 

Public in and for the County of Wabash duly appointed, commissioned and qualified and 

residing at Mount Carmel in said County, came in their own proper persons Daniel Fisher, 

Master and Stephen Parker and Isaac Gray, common working hands or Sailors of the Flat Boat 

called and known as No. Two, who being first duly sworn and depose[d] and say, That said Flat 

Boat is from Montezuma on the Wabash River in the County of Park and State of Indiana, in 

length Sixty-seven feet and in breadth Eighteen feet; that she sailed from Montezuma aforesaid, 

with a Cargo of two hundred and seventy-seven Barrels of wheat; five tierces1

 of wheat; two 

tierces of Flax seed; one Barrel of Beans; thirteen hundred and fifty Bushels of Wheat in Buck; 

two Barrels of Beef; Four Barrels of flour and Forty-eight Barrels of Flour on the thirty-first day 

of March 1846, well-manned and perfectly seaworthy bound for New Orleans in the State of 

 

1

 An old measure, usually in a cask or barrel, equivalent to 42 liquid gallons. 

610
Louisiana, that she proceeded safely on her voyage until she arrived at the Hanging Rock, at the 

head of the Grand Rapids of the Wabash River where, on the fourth day of April A.D. 1846 at 

about nine O’clock A.M. of said day while descending the said River in apparent safety she 

struck on a Rock in the channel of the Ripple or Rapids at the Hanging Rock, where said boat 

stuck fast without receiving any injury to our knowledge; the River falling at the time said Boat 

remained on the Rapids until the 8th day of April 1846 at 10 O’clock P.M. of last mentioned day; 

the River rising said Boat was removed there being no immediate opportunity of landing until 

the Rapids were passed; while descending the River about a fourth of a mile from where the Boat 

had laid on the Rock, all hands on Board being at their proper places and able to manage said 

Boat efficiently, she struck either a Rock, Swag, or Log and passed over jarring the Boat 

considerably; but not apparently injuring it to any considerable extent she proceeded on until the 

Rapids were passed about two miles from where she struck the last time. During the night of the 

8th and after said Boat was landed, the water was pumped out, but about 6 O’clock A.M. of the 

9th it being ascertained that all further efforts were unavailable to save said Flat Boat or Cargo in 

full, after taking out of the Boat as much of the Cargo as time permitted, and using all diligence 

to secure as much of the haul as was possible, assisted in our efforts to save the Boat and the 

balance of her Cargo, and in about three hours afterwards she sunk to the roof in water about 4 1⁄2 

feet deep, went to the shore where she had landed. 

 And now the said Master protests against all and every person or persons whosoever, 

who may concern, and declares that all damages that said Boat or her Cargo may have sustained 

was wholly owed to the unavoidable accident of her striking on the Rock, Swag, or Log 

aforesaid, and in no manner or degree to defect in said Boat or her equipments for said voyage or 

to any neglect, incapacity or default of her Master, Officers, or Crew. 

Sworn to and subscribed this ninth day of April 1846 before me 

 Daniel Fisher 

 Stephen Parker 

 X Isaac Gray 

In testimony whereof I have hereunto subscribed my name and affixed my Seal Notary at Mount 

Carmel the day and so above written. 

{SEAL} Henry Stees 

 Notary Public 

611
612
613
614
615
No. 264, May 5th 1846 24 

Protest of Brig Plymouth 

United States of America, State of Louisiana, City of New Orleans 

By this public Instrument of Protest, Be it Known, That on the Fourth day of May in the 

year of our Lord one thousand eight hundred and forty-six, and of the Independence of the 

United States of America, the Seventieth, Before Me, Greenbury Ridgely Stringer, a Notary 

Public in and for the Parish of Orleans, dwelling in the City of New Orleans, State of Louisiana, 

duly Commissioned and Sworn, Personally Came and Appeared Thomas A. Brewer, Master of 

the Brig called the Plymouth and noted in due form of law with me said notary his Protest, for 

the uses and purposes hereafter mentioned and now, at this day, to wit, the day of the date hereof, 

before me, the said Notary, at the City of New Orleans aforesaid, again comes the said Thomas 

A. Brewer and requires me to extend his Protest, and together with the said Thomas A. Brewer

also come Ezra Leonard, Sailing Master of said Brig; Henry Thompson, William Johnson, 

Seamen; and Charles L. Willcomb, Mate belonging to the aforesaid Brig all of whom being by 

me duly sworn on the Holy Evangelists of Almighty God, voluntarily, freely, and solemnly do 

declare and depose as follows, that is to say, that on Monday the 20th day of April last past, he, 

the said Thomas A. Brewer set sail and departed in and with the said Brig Plymouth as Master

thereof from Vera Cruz having on board the said Vessel Ballast, and bound for the Port of New 

Orleans, that the said Brig Plymouth was then stout, staunch, and strong; had her cargo well and 

sufficiently stowed and secured; was well manned, tackled, victualled, appareled, and appointed; 

and was in every respect fit for the sea and the voyage she was about to undertake: 

Got underway on the day and date as written and proceeded out of the harbour 

with Pilot on board ~ Had fresh breezes from E.N.E. and pleasant weather ~ At noon the 

Light house on the Castle bore South by East distance five miles~ Sunday 21st had light 

winds from same quarter ~ Latter part of this day calm ~ 22nd Light breezes from N.N.W. 

and fair weather ~ 23rd Wind East, weather pleasant ~ 24th Fresh breezes from E.S.E. ~ 

weather pleasant~~ 25th much the same ~ Sunday 26th Commences with northerly winds 

and cloudy weather ~ At 2 P.M. winds hauled to the N.N.E. ~ first part of the night calm 

with every appearance of squally weather. At 2 A.M. experienced a squall from the 

North ~ shortened sail ~ day ends with strong easterly winds ~ S.W. Pass Light House 

bore N.E. 1⁄2 N by compass abt. 76 miles by observation ~ Lat. 28.10, Longitude 90.10 

West ~ Monday 27th April commences with fresh gales of wind from the East, and cloudy 

weather~ At 1 O’clock P.M. the water commences coloring, and at 4 P.M. bent the 

Cables, and got the Anchors off the bows ~ Towards night the wind blew heavily and 

continued increasing; took in Topgallant sails, Mainsail and double reefed the Topsails. 

At 11 P.M., Captain Leonard (who was then on deck in command) having run his 

distance out (steering two points to the windward of his course in order to make 

allowance for a lee current) did not make the light at the S.W. Pass as expected and 

accordingly kept off to the Northward to endeavor to make the light and after running 

about three miles further the Vessel suddenly took the bottom on a Shoal at a place, since 

ascertained to be Shell reef about 25 miles from the S.W. Pass at the mouth of the 

Mississippi River ~ Immediately after the Brig struck, every exertion was made to relieve 

the Brig to get her off shore~ The Master being then on deck ordered the Helm to be put 

hard down, and tacked all sail to force her off but without success ~ started nearly all of 

their water casks, their overboard ballast, and pumped the Vessel free in order to lighten 

her ~ Also let go the best bower anchor to bring her head to the wind ~ during the night 

continued their best exertions to get the Vessel off but finding them of no avail, toward 

morning made signal for assistance and furled sails, Vessel thumping heavily and drifting 

with the rolls of the sea further on to the shore ~~ [25] Soon after the gale commenced 

increasing from Eastward, causing a larger sea ~ Vessel striking heavily ~ discovered 

616
pieces of sheathing coming up alongside ~ At 11 A.M. hove up anchor, set Mainsail, 

Topsails and Topgallant sails to endeavor to back her off, but the sea kept forcing the 

Vessel further on, rendering all endeavors to get her afloat entirely useless~ At noon 

carried out the Kedge from aft to endeavor to heave her round should the wind 

moderate—day ends with strong gales from the Eastward. Brig thumping very hard and 

nearing the bank—Tuesday 28 Vessel lay as before. Had strong increasing gales of wind 

and misty weather—fouled all sails~ Vessel thumping as before~ At 3 P.M., experienced 

a complete hurricane, attended with very high sea, which forced the Brig further on 

shore~ parted her Hawser, and lost Kedge~ Pumps strictly attended to as occasion 

required~ Midnight gale abated some with a heavy sea on Vessel going still nearer the 

shore~ At 2 A.M. the Vessel lay within about two rods from the shore thumping 

continually~ Soon after the gale came on blowing tremendously and continued so 

throughout the night~ On the following morning finding all attempts to save the Vessel of 

no effect, and the weather having moderated, the Master proceeded to the S.W. Pass, 

procured the Steam Boat Alton which run [sic] within a short distance of the wreck and 

anchored, after which the Pilot and Master of said Boat came on board, sounded round 

the Plymouth, examined into her condition &c and gave it as their opinion that all 

attempts to get her off would be unavailing, and the Captain of the Alton stated that he 

should require Two Thousand dollars to make the attempt to get her off, whether he 

succeeded or not, which after mature deliberation the Master of the Plymouth determined 

would not be for the interest of all concerned to make such an additional expense, and he 

accordingly deemed it advisable to abandon her immediately after saving her materials, 

such as Sails, Rigging, anchors, chains, &c which were conveyed on board the Alton and 

brought to this city on the 31st May following ~ And the said Appearers further declare 

that every exertion possible has been made to save the Vessel, and that she was not 

abandoned until all hope of saving her was past, 

and the said Master further says, that, as all the damage and injury which already has or may 

hereafter appear to have happened or accrued to the said Vessel or her said cargo, has been 

occasioned solely by the circumstances herein before stated, and cannot nor ought to be 

attributed to any insufficiency of the said Vessel or default of him, this deponent, his officers or 

crew: He now requires me, the said Notary, to make his Protest and this public act thereof, that 

the same may serve and be of full force and value as of right shall appertain. And thereupon the 

said Master doth Protest, and I, the said Notary, at his special interest and request, do by these 

presents, publicly and solemnly Protest against Winds, Weather, Seas, Stranding, &c and against 

all and every accident, matter and thing, had and met with as aforesaid, whereby or by means 

whereof the said Vessel or her cargo, already has, or hereafter shall appear to have suffered or 

sustained damage or injury, for all losses, costs, charges, expenses, damages, and injury, which 

the said Vessel the owner or owners of the said Vessel or the owners, freighters or shippers of 

her said cargo, or any other person or persons interested or concerned in either, already have or 

may hereafter pay, sustain, incur, or be put unto by or on account of the premises, or for which 

the insurer or insurers of the said Vessel or her cargo is or are respectively liable to pay or make 

contribution or average according to custom, or their respective contracts or obligations; and that 

no part of such losses and expenses already incurred, or hereafter to be incurred, do fall on him 

the said Master his officers or crew. 

 Thus Done and Protested, at my Office, in the City of New Orleans, this Sixth day of 

May in the year of our Lord one thousand eight hundred and forty-six in the presence of Martin 

J. Digby and William Shannon, both of this City, competent witnesses, who hereunto sign their 

names, together with the said Appearers, and me, said Notary. 

[Signed] 

617
William Shannon Thomas A. Brewer 

Martin Jos. Digby Ezra Leonard 

 Henry Thompson 

 X William Johnson 

 Charles L. Willcomb 

 

 G.R. Stringer 

 Notary Public 

618
619
620
621
622
No. 267, May 6th 1846 32 

Protest of Schooner Bella del Mar 

United States of America, State of Louisiana, City of New Orleans 

By this public Instrument of Protest, Be it Known, That on the Fourth day of May in the 

year of our Lord one thousand eight hundred and forty-six, and of the Independence of the 

United States of America, the Seventieth, Before Me, Greenbury Ridgely Stringer, a Notary 

Public in and for the Parish of Orleans, dwelling in the City of New Orleans, State of Louisiana, 

duly Commissioned and Sworn, Personally Came and Appeared S.W. Randall, Master of the 

Schooner called the Bella del Mar, and noted in due form of law with me said notary his Protest, 

for the uses and purposes hereafter mentioned and now, at this day, to wit, the day of the date 

hereof, before me, the said Notary, at the City of New Orleans aforesaid, again comes the said 

Randall and requires me to extend his Protest, and together with the said Randall also come S.G. 

Randall, Mate, Charles E. Lodge, Lester Davis, and Charles Johnson, Seamen, belonging to the 

aforesaid Schooner all of whom being by me duly sworn on the Holy Evangelists of Almighty 

God, voluntarily, freely, and solemnly do declare and depose as follows, that is to say, that on 

Sunday the 22 March last past, he, the said S.W. Randall set sail and departed in and with the 

said Schooner as Master thereof from Aransas Bay having on board the said Schooner a cargo of 

Government Stores, and bound for the Port of Brasos de Santiago, that the said Schooner was 

then stout, staunch, and strong; had her cargo well and sufficiently stowed and secured; was well 

manned, tackled, victualled, appareled, and appointed; and was in every respect fit for the sea 

and the voyage she was about to undertake: 

Got underway and proceeded out over the Bar in tow of Steamer Monmouth and 

soon after anchored in five fathoms water. At 3 P.M. Monday 23 (Sea time) again got 

ready with a fine breeze from N.W. and stood out for sea ~ At 4 P.M. Aransas Bar bore 

North distant 4 miles ~ Tuesday 24th Had strong gales from the North ~ at 2 P.M. made 

the bar of Brasos de Santiago and stood off and on for a Pilot ~ day ends with very strong 

gales from the North ~ Wednesday 25th commences light breezes. Wind N.E. by N. 

Middle part pleasant ~ at 3 P.M. Pilot came on board and took charge of Vessel ~~ Soon 

after stood in over the Bar, and while proceeding on the regular course the Vessel 

suddenly took the bottom and immediately after fell off and struck again on the South 

breakers, where she remained fast, ~ The Steamer Cincinnati came alongside made fast to 

the Schooner Hawser and commenced towing her in order to force her off shore, and 

while so doing, the Steamer also got aground, and was compelled to cut the Hawser for 

her own Safety ~ Lay on shore during the night without being able to obtain further 

assistance, the Vessel at this time unmanageable, having beaten across the inner breakers, 

and become imbedded in the Quicksands ~ Vessel leaking badly, and pumps constantly 

attended to, to prevent the vessel from filling ~ 26th March, commence[d] with a heavy 

surf ~ Captain Randall left the Schooner to procure assistance, but the weather having 

come on very boisterous could not get out any anchors, and accordingly commenced 

saving property; got out about 100 Barrels Potatoes, with some corn and oats, which were 

put on the Beach ~ Pump strictly attended as occasion required, ~ Friday 27th March ~ 

Had a heavy [33] swell, three boats with extra hands employed carrying out anchors ~ 

Placed three chains with anchors outside the Breakers in 14 feet water (being 250 

fathoms from the Vessel) and bent the Hawser to the end of the chains to endeavor to 

force the Vessel off, but without success. Saturday 28th March experienced a heavy 

squall at 6 P.M. and soon after a very heavy norther came on blowing tremendously, 

causing a heavy sea and the Schooner thumping badly, shipping large quantities of water 

on her decks ~ March 29th Had heavy gales, the sea breaking entirely over the Schooner, 

30th Had a gale from the North sea running high, vessel leaking badly, and pumps 

attended to, ~ 31st employed men discharging cargo, parting in a damaged condition ~ 1st

623
April landed some cargo, men employed trying to heave the Vessel off, ~ Pumps attended 

to ~ April 2nd, 3rd, 4th much the same, men employed as before ~ 5th April, wind 

commenced from N.E. attended with Rain ~ Schooner commenced sinking in her bed ~ 

Employed about 20 men to heave on the windlass, &c ~ at 2 P.M. desisted from further 

efforts, the sea running so high ~ At 3 A.M. the tide suddenly rose on the beach sweeping 

away or damaging all the Cargo landed from the wreck ~ at this time the vessel was 

leaking badly and the sea breaking over her ~ From this latter date up to 21st April, 

continued all exertion in their power to save the vessel, parted Hawser, lost chains & 

anchors, which became imbedded and buried in the Sand, and finding the Vessel bilged, 

and in a very wrecked condition, it was deemed advisable to call a survey of proper 

persons to examine into her condition, which was accordingly done, consisting of their 

Shipmaster, who reported the Vessel in such condition as to warrant the Master to 

abandon, and he accordingly commenced stripping and saving all the materials &c which 

were saved, and the Vessel and materials sold to the best advantage~ 

and the said Master further says, that, as all the damage and injury which already has or may 

hereafter appear to have happened or accrued to the said vessel or her aid cargo, has been 

occasioned solely by the circumstances herein before stated, and cannot nor ought to be 

attributed to any insufficiency of the said Vessel or default of him, this deponent, his officers or 

crew: He now requires me, the said Notary, to make his Protest and this public act thereof, that 

the same may serve and be of full force and value as of right shall appertain. And thereupon the 

said Master doth Protest, and I, the said Notary, at his special interest and request, do by these 

presents, publicly and solemnly Protest against Winds, Weather, Seas, Stranding, Leaks, &c and 

against all and every accident, matter and thing, had and met with as aforesaid, whereby or by 

means whereof the said Vessel or her cargo, already has, or hereafter shall appear to have 

suffered or sustained damage or injury, for all losses, costs, charges, expenses, damages, and 

injury, which the said Vessel the owner or owners of the said Steamer or the owners, freighters 

or shippers of her said cargo, or any other person or persons interested or concerned in either, 

already have or may hereafter pay, sustain, incur, or be put unto by or on account of the 

premises, or for which the insurer or insurers of the said Vessel or her cargo is or are respectively 

liable to pay or make contribution or average according to custom, or their respective contracts 

or obligations; and that no part of such losses and expenses already incurred, or hereafter to be 

incurred, do fall on him the said Master his officers or crew. 

 Thus Done and Protested, at my Office, in the City of New Orleans, this Sixth day of 

May in the year of our Lord one thousand eight hundred and forty-six in the presence of Wm. 

Shannon and Martin J. Digby, both of this City, competent witnesses, who hereunto sign their 

names, together with the said Appearers, and me, said Notary. 

[Signed] 

William Shannon S.W. Randall 

Martin Jos. Digby S.G. Randall 

Charles E. Lodge 

 Lester Davis 

 Charles Johnson 

 

 G.R. Stringer 

 Notary Public 

624
625
626
627
628
No. 273, May 7th 1846 44 

Protest of Steam Boat Swallow 

United States of America, State of Louisiana, City of New Orleans 

By this public Instrument of Protest, Be it Known, That on the Seventh day of May in the 

year of our Lord one thousand eight hundred and forty-six, and of the Independence of the 

United States of America, the Seventieth, Before Me, Greenbury Ridgely Stringer, a Notary 

Public in and for the Parish of Orleans, dwelling in the City of New Orleans, State of Louisiana, 

duly Commissioned and Sworn, Personally Came and Appeared John Cochrane, Master of the 

Steam Boat called the Swallow, and declared that on the 17th day of February last past he noted 

in due form of law with Wilson Bernard, Justice of the Peace in Conway County, Arkansas his 

Protest, for the uses and purposes hereafter mentioned and now, at this day, to wit, the day of the 

date hereof, before me, the said Notary, at the City of New Orleans aforesaid, again comes the 

said John Cochrane and requires me to extend his Protest, and together with the said John 

Cochrane also come Joshua Smith and Joseph M. Bennett, Pilots, belonging to the aforesaid 

Steamer all of whom being by me duly sworn on the Holy Evangelists of Almighty God, 

voluntarily, freely, and solemnly do declare and depose as follows, that is to say, that Wednesday 

the 31st day of December 1845, he, the said John Cochrane set sail and departed in and with the 

said Steam Boat Swallow as Master thereof from New Orleans, La. having on board the said 

Steamer a cargo of Merchandise, and bound for the Port of Fort Smith &c. on the Arkansas 

River, that the said Steamer Swallow was then stout, staunch, and strong; had her cargo well and 

sufficiently stowed and secured; was well manned, tackled, victualled, appareled, and appointed; 

and was in every respect fit for the voyage she was about to undertake: 

Got up steam on the day and date above written, and proceeded up the Mississippi 

River, and thence into the Arkansas River without any accident occurring worthy of note 

until her arrival about seven miles above Lewisburg, on the 23rd February following at 

about 2 O’clock P.M. while running in the river the boat suddenly took the ground, and in 

backing her, in order to get off, her stern caught, causing the boat to swing round, and 

immediately after she struck a snag or some other hidden, hard substance, which stove a 

large hole on her starboard side, under the wheel, causing her to leak very badly ~~ The 

master immediately ordered the boat to be rounded to and run her onto a bar, for general 

preservation, about two hundred yards below where she received her injury ~ Upon 

examination discovered about two feet of water in her hold, and the leak increasing very 

fast. Continued all exertion pumping to free her, and endeavored to stop the leaks, but 

without success, and the boat soon after sunk in about six feet of water, where she now 

remains a complete wreck~ About one hour after she run onto the bar, she broke down 

under her boilers ~~ And the said Appearers further declare that after the disaster, when 

they found all efforts to keep the steamer from sinking, and had run her on shore, they 

instantly commenced making preparation to save Cargo, procured a Lighter and extra 

hands, discharged Cargo in her, conveyed and landed same on the bank of the river, and 

by such means succeeded in saving the largest portion of the Cargo, all more or less 

damaged ~~ After getting out all the property that could be saved, commenced opening 

packages and spreading the contents in the sun to dry; built warehouses and soon as dry, 

rebaled and boxed the goods again in the best manner possible for them to do and put 

them under cover in the temporary houses built by the Master and hands for that purpose; 

afterwards reshipped them on board [45] Steamer for New Orleans, where they have 

arrived all more or less injured and damaged ~ And these said appearers further declare 

that they have unitedly given their best efforts for the protection of the interest vested in 

the Cargo and boat ~~ The whole being more or less damaged, they hired extra hands, 

opened the boxes, Cases and Bales spread the property and dried it; made a Camp and 

occupied the same, watching the goods with arms in their hands; and at the risk of their 

629
lives protected it from open and secret plunder, and although threatened with destruction 

by armed ruffians banded together for plunder kept possession and preserved the 

property~ and the same appearers further declare that they repacked the goods in the best 

manner possible, but from the existing circumstances of the operation, the original 

packages, Bales and cases became mixed, in their contents, so as to render it impossible 

to designate correctly the property as originally shipped, all of which these Appearers 

have accomplished under the orders of Captain Cochrane, and through the exercise of the 

greatest exertion, exposure and personal hazard during the space of more than two 

months from the time of disaster, 

and the said Master further says, that, as all the damage and injury which already has or may 

hereafter appear to have happened or accrued to the said vessel or her said cargo, has been 

occasioned solely by the circumstances herein before stated, and cannot nor ought to be 

attributed to any insufficiency of the said Boat~ or default of him, this deponent, his officers or 

crew: He now requires me, the said Notary, to make his Protest and this public act thereof, that 

the same may serve and be of full force and value as of right shall appertain. And thereupon the 

said Master doth Protest, and I, the said Notary, at his special interest and request, do by these 

presents, publicly and solemnly Protest against Winds, Weather, Leaks, snags &c and against all 

and every accident, matter and thing, had and met with as aforesaid, whereby or by means 

whereof the said Steamer or her cargo, already has, or hereafter shall appear to have suffered or 

sustained damage or injury, for all losses, costs, charges, expenses, damages, and injury, which 

the said Steamer the owner or owners of the said Steamer or the owners, freighters or shippers of 

her said cargo, or any other person or persons interested or concerned in either, already have or 

may hereafter pay, sustain, incur, or be put unto by or on account of the premises, or for which 

the insurer or insurers of the said Steamer or her cargo is or are respectively liable to pay or 

make contribution or average according to custom, or their respective contracts or obligations; 

and that no part of such losses and expenses already incurred, or hereafter to be incurred, do fall 

on him the said Cochrane~ his officers or crew. 

 Thus Done and Protested, at my Office, in the City of New Orleans, this Seventh day of 

May in the year of our Lord one thousand eight hundred and forty-six in the presence of Wm. 

Shannon and Martin J. Digby, both of this City, competent witnesses, who hereunto sign their 

names, together with the said Appearers, and me, said Notary. (For words cleared and Twentyfour interlined before signing) 

[Signed] 

William Shannon X John Cochrane 

Martin Jos. Digby Joshua Smith 

 Jos. M. Bennett 

 

 G.R. Stringer 

 Notary Public 

630
631
632
633
No. 274, May 8th 1846 46 

Protest of Flat Boat Number 12 

United States of America, State of Louisiana, City of New Orleans 

By this public Instrument of Protest, Be it Known, That on the Eighth day of May in the 

year of our Lord one thousand eight hundred and forty-six, and of the Independence of the 

United States of America, the Seventieth, Before Me, Greenbury Ridgely Stringer, a Notary 

Public in and for the Parish of Orleans, dwelling in the City of New Orleans, State of Louisiana, 

duly Commissioned and Sworn, Personally Came and Appeared Stephen D. Ensign, Master of 

the Flat Boat called the Number 12 ~ and noted in due form of law with me said Notary, his 

Protest, for the uses and purposes hereafter mentioned and now, at this day, to wit, the day of the 

date hereof, before me, the said Notary, at the City of New Orleans aforesaid, again comes the 

said Master and requires me to extend his Protest, and together with the said Master also come 

Lorenzo Haney, Charles Atchinson, John J. Banghts, George Hammons, Rufus Christy, Joseph 

Hammond, Granville Hale, and Edward Halsey, hands, belonging to the aforesaid Boat all of 

whom being by me duly sworn on the Holy Evangelists of Almighty God, voluntarily, freely, 

and solemnly do declare and depose as follows, that is to say, that on the 9th day of April 1846, he, the said Master departed in and with the said Boat as Master thereof from the mouth of the 

Saline River, Ill. having on board the said Boat a cargo of Corn in sacks, and bound for the Port 

of New Orleans, La. that the said Boat was then stout, staunch, and strong; had her cargo well 

and sufficiently stowed and secured; was well manned, tackled, victualled, appareled, and 

appointed; and was in every respect fit for the voyage she was about to undertake: 

Proceeded down the Ohio river after leaving the mouth of the Saline, and arrived 

into the Mississippi with no accident occurring up to the 28th April following when 

having arrived as far as Ruths Mills, about seven miles below Grand Gulf, while running 

down the river, experienced a very severe squall of wind which continued for some time, 

and the Master finding it unsafe to continue running, endeavored to make for the shore 

for general safety and while making for the bank of the river the said boat was suddenly 

swamped owing to the heavy swell, consequent upon the storm, and soon after sunk near 

the channel of the river, thereby becoming a total loss, the crew barely escaping with 

the[ir] lives, by getting on to the other Flat boat belonging to the same towing[?] and the 

said Appearers further declare that every exertion in their power was made to save the 

boat and Cargo, but the heavy swell caused by the squall, rendered their efforts 

unavailing ~~ 

and the said Master further says, that, as all the damage and injury which already has or may 

hereafter appear to have happened or accrued to the said boat or her said cargo, has been 

occasioned solely by the circumstances herein before stated, and cannot nor ought to be 

attributed to any insufficiency of the said boat or default of him, this deponent, his officers or 

crew: He now requires me, the said Notary, to make his Protest and this public act thereof, that 

the same may serve and be of full force and value as of right shall appertain. And thereupon the 

said Master doth Protest, and I, the said Notary, at his special interest and request, do by these 

presents, publicly and solemnly Protest against Winds, Weather, Seas, Squalls, and against all 

and every accident, matter and thing, had and met with as aforesaid, whereby or by means 

whereof the said boat or her cargo, already has, or hereafter shall appear to have suffered or 

sustained damage or injury, for all losses, costs, charges, expenses, damages, and injury, which 

the said boat the owner or owners of the said boat or the owners, freighters or shippers of her 

said cargo, or any other person or persons interested or concerned in either, already have or may 

hereafter pay, sustain, incur, or be put unto by or on account of the premises, or for which the 

insurer or insurers of the said boat or her cargo is or are respectively liable to pay or make 

contribution or average according to custom, or their respective contracts or obligations; and that 

634
no part of such losses and expenses already incurred, or hereafter to be incurred, do fall on him 

the said Master his officers or crew. 

 Thus Done and Protested, at my Office, in the City of New Orleans, this Eighth day of 

May in the year of our Lord one thousand eight hundred and forty-six in the presence of Wm. 

Shannon and Martin J. Digby, both of this City, competent witnesses, who hereunto sign their 

names, together with the said Appearers, and me, said Notary. 

[Signed] 

William Shannon X Stephen D. Ensign 

Martin Jos. Digby Lorenzo Haney 

 Charles Atchinson 

 

 John J. Banghts 

 X Geo. Hammond 

 X Rufus Christy 

 

 X Joseph Hammond 

 X Granville Hale 

 X Edward Halsey 

 G.R. Stringer 

 Notary Public 

635
636
637
638
639
No. 283, May 14th 1846 65 

Protest of Steamboat Express Mail 

United States of America, State of Louisiana, City of New Orleans 

By this public Instrument of Protest, Be it Known, That on the Second day of May in the 

year of our Lord one thousand eight hundred and forty-six, and of the Independence of the 

United States of America, the Seventieth, Before Me, Greenbury Ridgely Stringer, a Notary 

Public in and for the Parish of Orleans, dwelling in the City of New Orleans, State of Louisiana, 

duly Commissioned and Sworn, Personally Came and Appeared John Smoker, Master of the 

Steam Boat called the Express Mail and declared that on the 27th April last past, he noted in due 

form of law with Thomas Sutton, Notary in and for the Parish of Bossier, State of Louisiana, his 

Protest, for the uses and purposes hereafter mentioned and now, at this day, to wit, the day of the 

date hereof, before me, the said Notary, at the City of New Orleans aforesaid, again comes the 

said John Smoker and requires me to extend his Protest, and together with the said John Smoker

also come Robert Watson, Pilot; Stewart Watson, second Pilot; Henry Daves, Engineer; R.L. 

Gillett, Clerk; L.J. Murdock, second Clerk; Columbus Serano, Steward, William Cook & John 

Taylor, Hands belonging to the aforesaid Steamer all of whom being by me duly sworn on the 

Holy Evangelists of Almighty God, voluntarily, freely, and solemnly do declare and depose as 

follows, that is to say, that on Thursday, the 23rd day of April 1846, he, the said John Smoker

departed in and with the said Steam Boat Express Mail as Master thereof from Port Caddo, 

Texas having on board the said Boat a cargo of Cotton, and bound for the Port of New Orleans

that the said Brig Delia was then stout, staunch, and strong; had her cargo well and sufficiently 

stowed and secured; was well masted, tackled, victualled, appareled, and appointed; and was in 

every respect fit for the voyage she was about to undertake: 

Got up Steam and left port on the day and date as above written and proceeded 

down the River with about Two Hundred Bales Cotton on board ~~ Arrived at 

Shreveport La. on the same day – and took on board about Twelve hundred bales 

additional Cargo; after which departed from Shreveport on the 25th April at One O’clock 

P.M. and proceeded on their regular course until about dark, when they arrived at 

Simmons Wood Yard abt. Fifty miles below Shreveport, where they lay by all night and 

started again on the following morning 27th and while running her regular course down 

the River having proceeded about Six miles further down, the boat suddenly struck a snag 

on some hidden obstructions under water making a hole on her larboard side which 

caused her to sink (soon after) to her boiler deck, where she now remains a complete 

wreck, laying nearly opposite the plantation of R.C. Bates on the Red River ~~ 

Immediately made all, due exertions to save property, procured the assistance of men 

from the shore, and the whole of the Boats Officers and Crew with these extra Hands 

went to work to save Cargo – Continued their efforts for about eleven days and 

succeeded by great exertions in saving a large portion [66] of the Cotton which was 

floated ashore and Carted up on the river Bank to a place of safety – 

On the 9th of May it was found impossible to make any further saving of Cargo 

and the labor was abandoned. A part of the Boat’s fixtures have also been saved, but the 

Boat together with the principal part of her Machinery remains a hopeless wreck. On the 

10th procured transportation for the Savings and forwarded them to New Orleans, 

and the said Master further says, that, as all the damage and injury which already has or may 

hereafter appear to have happened or accrued to the said Boat or her said cargo, has been 

occasioned solely by the circumstances herein before stated, and cannot nor ought to be 

attributed to any insufficiency of the said Boat or default of him, this deponent, his officers or 

crew: He now requires me, the said Notary, to make his Protest and this public act thereof, that 

640
the same may serve and be of full force and value as of right shall appertain. And thereupon the 

said Master doth Protest, and I, the said Notary, at his special interest and request, do by these 

presents, publicly and solemnly Protest against Winds, Weather, Seas, Snags, Leaks, &c and 

against all and every accident, matter and thing, had and met with as aforesaid, whereby or by 

means whereof the said boat or her cargo, already has, or hereafter shall appear to have suffered 

or sustained damage or injury, for all losses, costs, charges, expenses, damages, and injury, 

which the said boat the owner or owners of the said boat or the owners, freighters or shippers of 

her said cargo, or any other person or persons interested or concerned in either, already have or 

may hereafter pay, sustain, incur, or be put unto by or on account of the premises, or for which 

the insurer or insurers of the said boat or her cargo is or are respectively liable to pay or make 

contribution or average according to custom, or their respective contracts or obligations; and that 

no part of such losses and expenses already incurred, or hereafter to be incurred, do fall on him 

the said Master~ his officers or crew. 

 Thus Done and Protested, at my Office, in the City of New Orleans, this Fourteenth day 

of May in the year of our Lord one thousand eight hundred and forty-six in the presence of 

William Shannon and M.L. Digby, both of this City, competent witnesses, who hereunto sign 

their names, together with the said Appearers, and me, said Notary. 

[Signed] 

William Shannon John Smoker, Master 

Martin Jos. Digby X Robert Watson, Pilot 

 X Stewart Watson 

 

 Henry Daves 

 

 R.S. Gillett, Clerk 

 L.J. Murdock 

 Columbus Serano 

 William Cook 

 John Taylor 

 G.R. Stringer 

 Notary Public 

641
642
643
644
No. 351, July 17th 1846 193 

Protest of Brig Delia 

United States of America, State of Louisiana, City of New Orleans 

By this public Instrument of Protest, Be it Known, That on the Sixteenth day of July in 

the year of our Lord one thousand eight hundred and forty-six, and of the Independence of the 

United States of America, the Seventy-first, Before Me, Greenbury Ridgely Stringer, a Notary 

Public in and for the Parish of Orleans, dwelling in the City of New Orleans, State of Louisiana, 

duly Commissioned and Sworn, Personally Came and Appeared Orris Fales, Master of the Brig

called the “Delia” and noted in due form of law with me Notary, his Protest, for the uses and 

purposes hereafter mentioned and now, at this day, to wit, the day of the date hereof, before me, 

the said Notary, at the City of New Orleans aforesaid, again comes the said Orris Fales and 

requires me to extend his Protest, and together with the said Orris Fales also come Charles 

Colburn, David Rogers, Charles Sidney, belonging to the aforesaid Brig: all of whom being by 

me duly sworn on the Holy Evangelists of Almighty God, voluntarily, freely, and solemnly do 

declare and depose as follows, that is to say, that on the 6th day of June 1846, he, the said Orris 

Fales set sail and departed in and with the said Brig Delia as Master thereof from Thomaston, 

Me., having on board the said Brig a cargo of Lime, and bound for the Port of New Orleans that 

the said Brig Delia was then stout, staunch, and strong; had her cargo well and sufficiently 

stowed and secured; was well masted, manned, tackled, victualled, appareled, and appointed; and 

was in every respect fit for sea and the voyage she was about to undertake: 

Departed on the day aforesaid, and experienced a good deal of heavy weather at 

times, but no accident occurred until the 13th of July 1846. Having had fresh gales, heavy 

seas, and squally weather, unable to take any observation for two days, took precaution 

and ran on their course under reduced sail: at 10 o’clock P.M. it being very dark and 

tempestuous, the Brig stuck on Chandalier [Chandeleur] Island about 30 miles north of 

the Balize: Coming to, broadside on, another sea making a complete brach [breach?] of 

the vessel and causing her to draught and strike very hard: at 11 P.M., beat over the outer 

bar or surf, and she worked inshore, inside the Breakers which went over her fore and aft. 

It was impossible to do any thing to save her: saved some of our clothes and 

stripped her of sails & running rigging, and got there on Shore: Kept the pumps agoing 

until 6 o’clock A.M., when finding the lime on fire, they deserted the Brig: 

At meridian the Brig had settled down in the water even with her tacks, and the 

steam from the burning lime was pouring out of the fore and aft. 

Found a family living on the Island and was enable to get conveyed thence to this 

city where they arrived on the sixteenth instant, 

and the said Master further says, that, as all the damage and injury which already has or may 

hereafter appear to have happened or accrued to the said Brig Delia or her aid cargo, has been 

occasioned solely by the circumstances herein before stated, and cannot nor ought to be 

attributed to any insufficiency of the said ~Brig~ or default of him, this deponent, his officers or 

crew: He now requires me, the said Notary, to make his Protest and this public act thereof, that 

the same may serve and be of full force and value as of right shall appertain. And thereupon the 

said Master doth Protest, and I, the said Notary, at his special interest and request, do by these 

presents, publicly and solemnly Protest against Winds, Weather, Seas, Lime, strandings, &c and 

against all and every accident, matter and thing, had and met with as aforesaid, whereby or by 

means whereof the said Brig or her cargo, already has, or hereafter shall appear to have suffered 

or sustained damage or injury, for all losses, costs, charges, expenses, damages, and injury, 

645
which the said Brig the owner or owners of the said Brig or the owners, freighters or shippers of 

her said cargo, or any other person or persons interested or concerned in either, already have or 

may hereafter pay, sustain, incur, or be put unto by or on account of the premises, or for which 

the insurer or insurers of the said Brig or her cargo is or are respectively liable to pay or make 

contribution or average according to custom, or their respective contracts or obligations; and that 

no part of such losses and expenses already incurred, or hereafter to be incurred, do fall on him 

the said Orris Fales~ his officers or crew. 

 Thus Done and Protested, at my Office, in the City of New Orleans, this Seventeenth day 

of July in the year of our Lord one thousand eight hundred and forty-six in the presence of W. 

Shannon and Martin Digby, both of this City, competent witnesses, who hereunto sign their 

names, together with the said Appearers, and me, said Notary. 

[Signed] 

William Shannon Orris Gales 

Martin Jos. Digby Charles Colburn 

 David Rogers 

 

 Charles Sidney 

 G.R. Stringer 

 Notary Public 

646
647
648
 421 

By this Public Instrument of declaration and Protest Be it known that on the Twentyeighth day of September, One thousand eight hundred and Six, Before me John Lynd, Notary 

Public for the territory of Orleans dwelling in the city of New Orleans Personally appeared John 

McKerinon, Master, and Michael Clagues, mate of the Ship or Vessel called the Schooner El 

Santo Cristo de los Ampollas, of the burthen of Sixty five Tons or there abouts which said 

appearers being by me duly sworn according to Law Did solemnly swear, declare, Protest, and 

Say that they sailed in said Schooner called the El Santo Cristo de los Ampollas from Cuyo on 

the Coast of Yucatan on the thirteenth day of July now last past on a Voyage bound to the 

Havana. That on the first day August last past the appearer John W. McKerinon was taken sick, 

that he continued so to be until the fourth day of said month of August when considering that it 

would be less safe for himself as well as for the Vessel & crew to proceed to the Havana, he 

determined to put into Pensacola, which he did on the sixth day of the aforesaid month of 

August. That he remained at Pensacola until the second day of September, then following, when 

he thought himself sufficiently recovered to proceed to Sea which he did on the same day. That 

on the second day after leaving Pensacola, they experienced a very heavy Gale of Wind from the 

N.E. with rain, in consequence of which this appearer was again taken sick when he determined 

to put into New Orleans. That he came on the Bar at the Mouth of the River Mississippi on the 

eighth day of said month of September and continued looking up the river until the fifteenth day 

of said month when this appearer, John McKerinon being still sick he thought it most prudent to 

come to New Orleans to procure relief which he accordingly did, leaving the said schooner eight 

leagues below this city. That on the night of the sixteenth day of said month of September, they 

[422] experienced a very heavy storm accompanied with a very heavy rain which done a great 

deal of damage to the vessel then in the River and at the Levee of New Orleans. At the same 

time the said Schooner El Santo Cristo de los Ampollas was driven in Shore against the Logs 

when she bilged and immediately sunk. That he employed[?] a vessel into some carpenter, on 

board to go to the said Schooner to endeavor to save her and her Cargo. That they found it 

impossible to save the Vessel, she having received so much damage from the Logs against which 

she had bilged, but that a part of the Cargo consisting of Liquors they obtained. And therefore 

the appearer John McKerinon did declare to protest against loss, damages, and detriments which 

have happened against all person whom it doth, shall, or may concern on account of the loss of 

said Schooner or by any other means whatsoever. The same having happened as before is the 

fault and not by or through the default of this appearer, his officers, or any of his Crew. All 

which matters and things were declared, alleged, and affirmed as before is set forth in the 

presence of me, the said Notary, and therefore I have granted these Presents under my hand and 

notarial Seal the day and year first before written. This done and protested at New Orleans 

aforesaid being requested to be ___? And certify these premises. 

 

 John Joseph McKerinon 

 Miguel Crequy [Michael Clagues] 

 John Lynd, 

Notary Public 

649
650
651
 203 

Sea Protest 

12 May 

By this act of protest be it known that this day before me John Lynd Notary Public in and 

for the city of New Orleans personally appeared Joseph Jquierda, late master of the Schooner 

Mary of Bayou Saint John, who having been duly sworn declared that he sailed in and with said 

Schooner from [204] Bayou Saint John Saturday the eighth instant, bound for Mobile, with a 

Cargo of Whiskey in casks and other merchandise on board; that on the evening of the eleventh 

being near Horn and Ship Islands it began to blow hard, and with great appearance of bad 

weather coming on; whereupon this appearer brought his vessel to anchor near Dog Island; soon 

after the gale increased to a hurricane, and the cable parting, the vessel was immediately driven 

ashore on Dog Island, and soon after beat to pieces, and the Cargo floated away and was lost, 

this appearer with John Nicole and four passengers being just able to save themselves in the 

skiff, and land on Ship Island, without anything but their clothing on their backs. They remained 

nearly two days on the Island when they were taken off by the Schooner Rosaline from 

Pensacola, and brought to this port. These appearers therefore declared solemnly to protest 

against the winds and waves, and other causes beyond human control, which have caused the 

loss of said vessel and cargo, and all the property this appearer owned, and that no fault, 

negligence, nor mismanagement ought to be imparted to him, nor any other of the ship’s 

company. This done and protested at New Orleans this eighteenth day of May, one thousand 

eight hundred and thirteen, the protester hereunto signing his name with me, Notary. And P. 

Billot, Passenger, being sworn, confirmed the foregoing. 

 

 X Joseph Jquierda 

 John Lynd, 

Notary Public 

652
653
654
655
 581 

Protest 

24 Dec. 

Be it known that this day before me John Lynd Notary Public in and for this city of New 

Orleans personally appeared Captain Benjamin Lasportas, late master of the Schooner 

Revolution of Mobile of the burthen of thirty tons, who having been sworn to declare the truth, 

[582] deposed that he sailed in and with said vessel from the Bayou Saint John on the 24th day of 

November last, bound for Pensacola, laden with flour and Cotton; that nothing material 

happened until the 9th instant when being arrived at Passe Heron [Alabama channel near Dauphin 

Island], they found only three feet water in the pass, and the vessel drawing six feet and having 

no means to lighter her, there were compelled to wait for more water. The same day were 

informed by the Schooner Sicome, of several vessels bound for Pensacola having been captured 

by the British Barges; and thereupon these appearers determined to return to New Orleans, and 

got underway at 10 P.M. with a light wind from the S.E. Soon after the wind hauled round to N. 

and from two fathoms and a half water, it shoaled all at once, and the vessel struck upon a sand 

Bar, and then remained; in the morning at low water she was high and dry; at meridian the tide 

making, they attempted to get an anchor out, but the current was so strong it upset the Boat, and 

had nearly drowned a man. At high water at midnight hove the vessel off, but the wind blowing 

hard from E.S.E., the sea began to make so that they could not get underway without hazard of 

being again stranded. The sea increasing, the vessel dragged her anchor and grounded, and the 

Boat was lost. The people then lashed three Bales of Cotton together, and upon them got to 

hand, to save their lives, on the north side of Horn Island. Next morning found the Boat, and 

going in her on board the Schooner found her bilged and full of Water. It was then determined to 

go with Boat to Pascagoula, to get a vessel to save the cargo, and they then engaged a Schooner, 

with which on the 13th they attempted to go over, but the weather prevented them. On the 14th

they went to the wreck, which they found in two pieces, and the Cargo floating about. All they 

could save was 23 Bales of Cotton and about 30 Barrels of flour, which they began to take in, but 

when they had loaded 19 Bales and 20 Barrels the weather obliged them to abandon the wreck 

and the flour, and making the best of their way, they arrived in the Bayou St. John on the 23rd

instant. These appearers therefore declared to protest solemnly against the shoals and winds and 

waves as the causes of the loss and damages aforesaid, and that no fault, negligence, or 

mismanagement ought to be [583] imparted to them, these appearers, nor the others of the crew. 

This done and protested at New Orleans this twenty-fourth day of December, one thousand eight 

hundred and thirteen, the protesters hereunto signing their names with me, Notary. And P. 

Billot, Passenger, being sworn, confirmed the foregoing. X P. Billot Bn. Lasportas 

 John Lynd, 

Notary Public 

656
657
 640 

Protest 

24 Dec. 

By this public act of protest be it known that this day before me John Lynd Notary Public 

in and for the city of New Orleans came John Lacoste, master of the schooner Perdido of Bayou 

St. John, with John Cavezie and Francis Olicon[?], seamen both of and belonging to said vessel, 

who having been duly sworn to declare the truth, deposed that they sailed in and with said 

Schooner from Pensacola on the 18th instant bound for this place, the said schooner being tight 

and strong, well manned and provided. That nothing particular happened until yesterday when 

they made the entrance of the Bayou Saint John, the wind blowing a heavy gale from S.E. and a 

strong current running, which when they attempted to enter the pickets, threw them violently 

thereon, and the side of the schooner being thereby stove in, she filled and sunk. The crew 

immediately endeavored to save such articles of the cargo as were at hand, and got out sixteen 

Barrels of coffee, one Bale of Peltry, and a can of liqueur, and the said schooner now remained 

sunk, and in danger of being totally lost. These appearers therefore declared to protest solemnly 

against the winds and currents as the causes of the loss and damages sustained by said vessel and 

cargo; and that no fault, negligence, or mismanagement ought to be imparted to them, these 

appearers, nor the others of the crew. This done and protested at New Orleans aforesaid this 

twenty-fourth day of December one thousand eight hundred and sixteen, the protesters hereunto. 

 

 Jn. Cavezie 

 X Francis Olichon[?] 

 X John Lacoste 

 John Lynd, 

Notary Public 

658
659
660
661
 254 

Sea Protest 

April 9 

Be it Known that this day before me John Lynd Notary Public in and for the city of New 

Orleans duly commissioned, personally appeared Benjamin Maine, late master of the Schooner 

or vessel called the Enterprise of the Port of Boston, and John Crockel, mate, and Alexander 

Brown, mariner late of said schooner, who having been severally sworn the truth to speak, 

declared that they sailed from Turk’s Island in the Bahamas on the 17th day of February last past, 

in and with said schooner, she being tight and staunch, bound to this Port of New Orleans. That 

nothing remarkable occurred on said voyage until the 9th March following, when a Pilot from the 

Balize came on board and took charge of the vessel. At 8 o’clock P.M. they sounded, and found 

no bottom with 50 fathoms of line; they sounded at 10 o’clock P.M. and found no bottom with 

50 fathoms. At twelve o’clock, the vessel struck ground in seven feet water. The Pilot declared 

that they were then in the North East Pass; but at daylight they found themselves about 9 miles 

south of the Balize. The vessel struck hard on the ground and leaked considerably; about sunrise 

the cut[?] mast broke off and they were obliged to keep one pump [255] constantly going – 

About noon a boat came of to them, but could render no assistance; another boat in attempting to 

make the schooner, was lost. On the 19th, a boat with six men came alongside, but continued to 

the Balize for a large boat and anchor. At 4 o’clock P.M. they sent their clothes and other 

articles on shore, there being appearance of a stormy night – At 9 A.M. on the 11th, the boat and 

anchor from the Balize came alongside; but the sea ran so high, they could not get the anchor on 

board – William Wasterman and John Bassett, two of the crew, mutinied, insisting on going on 

shore; they broke several articles in their cabin and threatened to throw the captain overboard. It 

was judged most prudent to send them to shore. On the 12th, they had strong breezes from East. 

The Captain went to the Balize to procure assistance, leaving three men on board. On the 13th, 

they obtained a launch at the Balize and set out for the vessel; but the men got drunk and 

quarreled, took all the provisions out and returned to the Balize. On the 14th they started with the 

launch again, and reached the Tent near the vessel. The wind shifted suddenly to the North West 

and blew a violent squall, which hove the schooner on her beam ends; and they found it 

impossible to get on board. The three men left on board on the 12th had been obliged to abandon 

the vessel same day, in consequence of her filling with water. On the 15th the weather became 

more moderate. They went on board and found the schooner full of water and the sea breaking 

over her. They unbent[?] the mainsail and took it on shore with several small articles. On the 

16th, the tide being low, the captain requested the men to go on board and save what they could 

from the wreck; but they refused and would not afterwards obey any commands – Five of the 

men took the schooner’s boat and went off to the Balize, and the Captain and remainder of the 

crew were obliged [256] to abandon the vessel. Whereupon these appearers and particularly the 

said Master declared to Protest, as by these Presents they do publicly and solemnly protest 

against all and every person and persons whom the same may or doth concern against the 

dangers of the seas and inevitable accidents of whatsoever nature and kind; against the ignorance 

and inexperience of the person who undertook to Pilot said Schooner at the Balize; and against 

the mutiny of the crew of said Schooner as aforesaid, for all loss and detriments sustained or to 

be sustained, by, through, or on account of the loss of said Schooner; declaring that no blame can 

or ought to be attributed to these appearers and particularly said master, who made every 

exertion in his power to save the same. This done and protested at New Orleans aforesaid this 

Ninth day of April one thousand eight hundred and eighteen, in faith whereof the said appearers 

hereunto sign their names with me, Notary. 

 

 Benj. Maine 

John Crockel 

 X Alex. Brown 

 John Lynd, Notary Public 

662
663
664
 290 

River Protest 

April 15 

By this Instrument of Protest Be it Known that this day before me John Lynd Notary 

Public in and for the city of New Orleans duly commissioned, personally appeared John 

Therman [sic], master of two flat-boats, and Joseph Lawrence and Peter Rickart, navigators on 

board of the same, who having been duly sworn the truth to speak, declared that they loaded said 

boats, designated Numbers one and Two, at Franklin in Warden County in the State of Ohio, 

with cargos of Pork Lard, Flour and whiskey, for a voyage to this Port of New Orleans. That on 

the 19th day of March last, they proceeded on said voyage, and experienced nothing 

extraordinary until the 24th day of said Month, when the weather being hazy, the said boat 

number one ran on a sawyer about six inches below water, which stove in part of her bow, and 

she instantly filled. With the utmost exertions, they saved seven barrels of Pork, four casks Lard, 

two barrels Flour and seven barrels Whiskey, which they put on board of the boat number two; 

the remainder of the cargo was lost, by the sinking of said boat. Whereupon these appearers and 

particularly the sad master, declared to protest, as by these presents they do solemnly protest 

against all and every person and persons whom the same may or doth concern; against the 

dangers and obstructions of the river and inevitable accidents of whatsoever nature and kind for 

all loss, damage, and detriments sustained or to be sustained by or on account of the loss of said 

boat and the part of her cargo as aforesaid; declaring that the same happened as has been above 

set forth and not through any neglect or mismanagement [291] of these appearers. Done and 

protested at New Orleans this fifteenth day of April, one thousand eight hundred and eighteen, 

the said appearers in faith whereof hereto signing their names with the Notary, said Lawrence 

and Richart making their usual marks. 

 Johann Thierman 

 

 X Joseph Lawrence 

 X Peter Richart 

 John Lynd 

 Notary Public 

665
666
667
 158 

River Protest – 

Thomas Buckner 

Keel, Sarah Washington – 

March 2 

By this instrument of Protest be it Known that on the twenty-fifth day of February last before me 

John Lynd notary public in and for the city and parish of New Orleans duly commissioned, 

personally appeared Thomas Buckner, late master of the keel Boat called the Sarah Washington 

of Shippingport [KY], burthen about sixty-five tons, who declared that he sailed with said boat 

loaded with flour, on the tenth day of January last bound for the port of New Orleans. That said 

Boat struck a snag in the river Mississippi and was lost. That said cargo was damaged and that 

he was obliged to take freight for the same in other boats and hereby notes his Protest against the 

same, requiring this Notary to make record thereof, intending at [illegible] leisure detail the 

particulars. 

 And thereunto this day again appeared the said Master together with Andrew Sheridan, 

Robert McNally, assistants on board of said Keel-boat on the voyage aforesaid — who having 

been duly sworn to declare the truth, deposed that on the twenty-seventh day of January last, 

having then arrived near to Plumb Point in the River Mississippi, and being about bring said boat 

to the Bank and make fast for the night, the boat hit a snag about two and a half feet under water, 

which made a large hole in her bottom. They hauled in said boat to the Bank, and made search 

for the leak, but could not reach it without unloading. They proceeded with the utmost dispatch 

to unload, but the water rushed in so rapidly and being quite dark, that before they effected 

landing the cargo, the lower tier of Barrels was covered with water and it was with the utmost 

difficulty they got it out before [159] the boat sunk in ten or twelve feet of water. The next 

morning they procured the assistance of upwards of forty persons from [the] boat landing and 

endeavored for two days and a half following to raise the said Keel-boat, but without success and 

they were obliged to abandon her. The said Master procured freight for said cargo, to wit about 

six hundred barrels, on board of several boats, which proceeded at sundry times at they were 

procured, for this port, where they have all already arrived except two. 

 Whereupon the said Master declared to Protest, as by these presents he does publicly and 

solemnly protest against all persons whom the same may or doth concern, against the dangers 

and obstructions of the River, and inevitable accidents of whatsoever nature and kind, for all 

loss, damage, and detriment suffered or to be suffered by, through, or on account of said Keelboat Sarah Washington and the goods of her loading on the voyage aforesaid; declaring the same 

to arise from the accident above recited and not through any fault, neglect, or mismanagement of 

him the said Master or any of the other persons on boards of said boat or said voyage. 

 In faith whereof the said appearers hereunto sign their names at New Orleans aforesaid 

this second day of March, one thousand eight hundred and nineteen, and I the said notary grant 

these protests under my signature. 

 Thomas Buckner 

 X Andrew Sheridan 

 Robert McNally 

 John Lynd 

 Notary Public 

668
669
670
 39 

By this Instrument of Protest Be it Known that his day before me John Lynd notary public in and 

for the city and parish of New Orleans duly commissioned, personally appeared Jesse Wilson the 

master, Hiram Pendleton, Pilot or patron[?] and John Polson, and Joel Bowen, navigators of 

three flat-boats lately arrived in this Port, who having been duly sworn to declare the truth, 

deposed that they proceeded from the Port of Shippingport in the state of Kentucky in and with 

three flat-boats loaded with Flour and Apples sometime in the month of October last bound for 

this Port of New Orleans. That near Flint Island in the Ohio river, one of said boats got foul on 

the cable of the Steamboat Vesta there at anchor in the narrow channel and striking with great 

force against said Steamboat, stove in the bows of the flat boat, and she filled with water. They 

landed the cargo, which was considerably wet, raised and repaired the said boat, and after 

reloading, proceeded on to French Island in said river where the boats grounded. They 

purchased and loaded from the former, a fourth flat-boat; and being thus lightened, they 

proceeded. About the fifteenth day of December following they arrived at Plumb Point in the 

river Mississippi, where the smallest of the three first boats struck a snag and sunk almost 

immediately. There being there a strong gale of wind, notwithstanding their utmost exertions, 

the said flat-boat and everything on board was lost, that is to say, about twenty-five Barrels of 

Flour; Sixty Barrels of apples; a Mare, Dray and Harness. On the fifteenth day this present 

month, they arrived in this port with the remaining three flat-boats, without anything further 

extraordinary having occurred. 

Whereupon the said appearers declared to protest, as by these presents, they do publicly 

and solemnly protest against all persons whom the same may or doth concern; against the 

difficulties and obstructions of the river and against inevitable accidents of whatsoever nature 

and kind, and particularly against the accidents aforesaid, for all loss, damage, and detriment 

suffered or to be suffered for, by, or on account of said flat-boats and the goods of their loading, 

declaring that the same happened as has been above recited and not through any fault [40] or 

mismanagement of these appearers or any person or persons on board of said boats on the 

voyage aforesaid. In faith whereof the said appearers have hereunto signed their names at New 

Orleans aforesaid this sixteenth day of January, one thousand eight hundred and nineteen, and 

the said notary grant these protests. 

 Zeke Wilson 

 

Hiram Pendleton 

 John Polson 

 Joel Bowen 

 John Lynd 

 Notary Public 

671
672
673
 413 

Be it Known that his day before me John Lynd notary public in and for the city and parish of 

New Orleans duly commissioned, personally appeared Floyd Hurt, last master of a Keel-boat 

bound on a voyage to this Port, and Zachariah Woods and Dudley Jones, late assistants on board 

of said [boat], who having been duly sworn to declare the truth, deposed that said boat was 

loaded in the Little Missouri River with a cargo of Peltry, bound for a voyage to this Port of New 

Orleans. On the twenty-fifth day of April last, being then about ten miles below the mouth of the 

Red River, made for the night to the right Bank, a most violent storm came on from the North 

Eastward, which made the River excessively rough. The waves beat on the boat and she was 

considerably injured by dashing against the Bank. They made every possible exertion to keep 

the boat clear by baling, but the water came in, in such quantities that the boat at length sunk. 

They saved about one half of the cargo; the other half sunk with the boat in deep water, and they 

found it impossible to raise her. They hired freight for the part of the cargo saved, and arrived in 

this Port on Sunday the ninth instant. 

Whereupon the said Master declare to protest, as by these presents, he does publicly and 

solemnly protest against all persons whom the same may or doth concern, against inevitable 

accidents of whatsoever nature and kind, and particularly against the storm aforesaid, for all loss 

and damage suffered or to be suffered by, or on account of said boat and cargo, declaring the 

same to arise from the causes aforesaid and not from any fault or mismanagement of him the said 

master or any of the persons on board or said boat. 

This done and passed at New Orleans aforesaid this tenth day of May in the year one 

thousand eight hundred [414] and nineteen, in faith whereof the said appearers herein sign their 

names with me, Notary. 

 Floyd Hurt 

 X Zachariah Woods 

 Dudley Jones 

 John Lynd 

 Notary Public 

674
675
676
 636 

By this public act of protest be it known that this day before me Carlisle Pollock, Notary Public 

in and for the city of New Orleans, comes Captain Nathaniel Wilkinson, late Master, together 

with Joshua Robins, mate, and J. Cutler, passenger, of the Schooner Clarissa of Norfolk, who 

having been duly sworn to declare the truth deposes that they sailed in and with said vessel from 

Martinique bound to this port, with [illegible] to touch at Saint Thomas, on the fourth day of 

August last, the said vessel being tight and strong, well manned and provided, and having on 

board a Cargo [illegible] and Liquors. They arrived at Saint Thomas on the 8th and left that 

Island on the 10th of same month, nothing material happened until the sixth day of September 

following when they spoke[?] the ship Commodore Bering[?], Capt. Russel [Runnel?], who 

reported the Balize to lay west a distant one hundred thirty-eight miles. The 7th they stood to N. 

and W. with squally and baffling winds. The 8th at meridian the wind hauled to N.N.E. and they 

set square sail and studding sails; at 4 it fell nearly calm continuing with little wind; at midnight 

it breezed up from the Northward; at 2 A.M. the Master came on deck and half an hour after 

bound the mainsail and topsail on account of a squall, which having passed over they were 

hoisted again at 3 A.M. At 3:30, the vessel struck the Bottom and stuck fast. All hands were 

immediately called and every exertion made to heave off, but to no purpose. At daylight the 

vessel’s position was found to be about eight miles to the southward of the Balize. At 7 A.M. a 

whaleboat with six pilots came to their assistance from the Balize, but their aid being ineffectual, 

the boat went back for lighters, leaving one pilot on board, one pump being kept constantly 

going, and the sea rising. The 9th commenced with heavy blowing weather, the vessel striking 

hard, and leaking, by dint of having got her head to the sea with both cables ahead. At 2 A.M. 

the tide began to rise and the vessel striking still heavier the Pilot ordered the cables to be shifted 

to the stern, and the vessel run further on the shore in order to make her lie easier, which was 

done, all sail made and the cables slipped. At 10 A.M. commenced landing [637] cargo, and got 

some Boxes on shore 152 in number, next day found 179 other Boxes out to the Balize; the wind 

all this time blowing hard and the sea striking very hard against the vessel. The 11th one of the 

Master Pilots arrived in a launch and they continued discharging Cargo, but the boat was 

prevented that day and the next from returning to the vessel by the bad weather. The 13th the sea 

continued to heave the vessel higher on the sand and a Boat from the United States, Brig 

Prometheus, came and offered assistance, but the weather prevented them providing more than 

helping the Master from the boats from the shore to the vessel; in the afternoon of same day, the 

Master Pilot came with his large Pilot Boat, and a second launch with eight men out from the 

Prometheus; and on the 15th the people removed the Pilot Boat, being no longer safe in the 

marsh. On the 17th all the Cargo from the shore (except about ninety Boxes which had been 

washed away by the overflowing of the marsh) and all that remained on board the wreck, with 

such materials of the latter as were to be found, were removed to the Pilot Boat and launches, 

and sent off to the Balize. The 18th they abandoned the wreck of the Clarissa. During all these 

operations there had continued heavy gales, blowing for great parts of the time ***on shore, 

during which one of the Pilot launches even upset, by which six casks of wine were lost, and 

three of the Pilots had nearly lost their lives. The appearers thereupon did protest, and at their 

request the said notary do with them publicly and solemnly protest against the winds, and 

Waves, and currents, as the causing of all the loss and damage that have been suffered by said 

vessel and Cargo, and that the same ought not to be imparted to any fault or negligence or 

mismanagement of these appearers nor the others of the ship’s company. Thus done and 

protested at New Orleans this seventeenth day of October, one thousand eight hundred and 

eighteen, the protesters hereunto signing their names with me, notary. 

***[Note to the side of text] 

They arrived in this City on the 27th of September and on that day the Master noted his protest in 

clear form before John Lynd, Notary Public of this City. 

677
N.P. Wilkinson 

 

Joshua Robins 

 James Cutter 

 Carlisle Pollock 

 Notary 

 

678
679
680
 207 

By this public act of protest be it known that on the first day of this instant month before me 

Carlisle Pollock, Notary public in and for the city of New Orleans came James Adams, late mate 

of the Ship General Knox of New Orleans, who declared that he had sailed in and with said ship 

under the command of Captain Augustus Liberale from Vera Cruz bound for this port on the fifth 

day of September last, and that said ship having been abandoned at sea in great distress, the 

officers and crew had got into three Boats, two of which had arrived here by way of Barritaria, in 

charge of this appearer, the said Master with the Long Boat having as is supposed made for the 

Balize, and not yet heard of; and he required of me to note this his declaration, that I might serve 

in case of need hereafter. And this day appeared the said Captain Augustus Liberale, together 

with said James Adams and Hippolite La Moin[?] of and belonging to said ship General Knox, 

who having been duly sworn to declare the truth deposed that when they sailed as before 

mentioned from Vera Cruz, the said ship was tight and strong, well manned and provided, and 

was aided by Captain Lancer[Lanair?] late of the Brig Cayman, and his crew, whose vessel had 

been sold at Vera Cruz. That nothing material happened until the 22nd September when a heavy 

gale accompanied by rain came on, and the Royal Masts and topgallant yards were got down, 

and the topsails also reefed; a heavy sea running the ship began to leak so as to require pumping 

every thirty minutes. The next day the weather was more moderate, but the 24th it blew a very 

hard Gale, which towards 3 A.M. increased to a perfect Hurricane. The ship labored 

increasingly and in spite of all their efforts to keep her free, the water increased to three feet in 

the Hold; and after consultation held by the Master and his officers, and aided therein by Captain 

Lancer[?], and then of his people who were qualified to ordain, it was judged necessary for the 

preservation of their lives and everything on board, to cut away the mizzen and main mast, which 

were accordingly cut away, and all hands were employed pumping, and using every exertion to 

save the ship. The 25th the sea was still tremendous, pumps and buckets were employed to keep 

the ship free, and every masts were got up. At one P.M. it was determined by consultation to 

[illegible] to the latter [?] and for the safety of the ship and their lives, and to have all the Boats 

ready for use in case of need. The 26th began [208] with light breezes and clear weather, all 

hands employed pumping and baling. The pumps at last got choked with sand, and the Bower 

broke: hoisted the pumps on deck and got them down the after Hatchway, but they choked again 

immediately and they were obliged to break the Bower to get them out, and then their whole 

dependence was upon Buckets. But the buckets soon got broken, and the people became 

exhausted with fatigue, and now the wind being so light and the swell so great that the ship 

would not steer; the water gaining on them, all pretext of saving the vessel at an end, and the 

weather as good as to afford reasonable Hope that the lives of all on board might be saved by the 

Boats, it was resolved at a general council that it was prudent to abandon the vessel and take to 

the Boats. At 10 A.M. everything was got ready, the boats out, garrisoned, and the number of 

persons assigned to each, the Boxes of money belonging to the Cargo, also stowed in each Boat 

according to its capacity; and at half past ten they left the ship, she having then six feet water in 

the Hold. The mate with the boat under his command [inserted text illegible] and another 

commanded by Captain Lancer[?] arrived by way of the Barrataria Lakes and Bayous, as before 

mentioned, and the Mate in the Long Boat with sixteen persons entered the Mississippi, and 

reached this city yesterday afternoon, with all the money safe. These appearers thereupon 

declared to protest solemnly against the winds and waves as the cause of the loss of said ship and 

the Cargo left on board, and which baffled all human skill and exertion; and that no fault, 

negligence nor mismanagement ought to be imparted to them these appearers nor the others of 

said ship’s company. Thus done and protested at New Orleans this third day of October, one 

thousand eight hundred and seventeen. These protesters hereunto signing their names with me, 

Notary. 

Carlisle Pollock Alex. Liberale 

James Adams 

 Hipte. La Moin[?] 

681
682
683
684
 174 

United States of America, State of Louisiana, City of New Orleans 

By this public Instrument of Protest, Be it Known, That on the seventh day of November

in the year of our Lord one thousand eight hundred and fifty-one~, and of the Independence of 

the United States of American, the seventy-sixth, Before Me, Jacob Soria, a Notary Public in and 

for the Parish of Orleans, dwelling in the City of New Orleans, State of Louisiana, duly 

Commissioned and Sworn, Personally Came and Appeared John C. Diltoe, Master of the Steam 

Boat Jeff Davis, and Keel Boat Cinderella No. Two, who desired me Notary to extend his 

Protest: = and with him also came and appeared Alexander J. Syall, a Passenger on said Boat~~

which said appearer after having been duly sworn by me, the said Notary, upon the Holy 

Evangelists of Almighty God, voluntarily, freely, and solemnly declare and depose as follows, to 

wit: he left Point Sefline, Yazoo River, on the Fifteenth of November instant, having in tow the 

Keel Boat Cinderella No. Two bound for the Port of Vicksburg~~ with a Cargo of Cotton~ that 

the said Keel Boat was then stout, staunch, and strong; had her cargo well and sufficiently 

stowed and secured; was well manned, tackled, victualled, appareled, and appointed; and was in 

every respect fit for sea and the voyage she was about to undertake: 

Nothing materially occurred until when about Fifty miles below Point Sefline, on 

the same day, the Keel Boat struck a Snag or log hidden under the water, which caused 

her to stick fast; they immediately commenced freeing her off by the Steam Boat Jeff 

Davis and in doing so, the Keel Boat sunk, and filled with almost four feet water; they 

immediately lashed the Jeff Davis alongside of the Keel and commenced taking the 

Cotton off of her into the Jeff Davis, and succeeded in saving one hundred and fifty-five 

Bales of Cotton, a portion of which learning floated down the River nearly a mile from 

where the Keel Boat sunk, all hands commenced then pumping the Keel Boat out, and 

succeeded in raising her, then reshipped on Board of the Keel Boat a portion of the 

damaged Cotton; and then proceeded on their voyage with the Keel Boat until they 

reached Friday’s Landing, they then took off the Cotton from the Keel Boat onto the Jeff 

Davis and left the Keel Boat there; and then proceeded on their voyage until they arrived 

at Vicksburg on the Twenty-first instant. On the Twenty-second instant they reshipped 

all the Cotton bales of the Jeff Davis on the Steam Boat Tuscumbia and the said Master 

left the Steam Boat Jeff Davis there; and he the said Master arrived here this day with the 

Cotton on Board of the steam Boat Tuscumbia. 

And he the said Master went before a Justice of the Peace in Yazoo City on the 

Twentieth instant, and with his Protest of the accident above mentioned ~~ 

 Now therefore, because of the premises, and as all the loss, damage and injury, which already 

have or may hereafter appear to have happened or accrued to the said Keel Boat and her said 

Cargo, have been occasioned solely by the circumstances herein stated and cannot nor ought not 

to be attributed to any insufficiency of the said Keel Boat or default of him, the said Master, his 

officers or crew; he, now requires me, the said Notary, to make his PROTEST and this public act 

thereof, that the same may serve and be and remain in full force and virtue as of right shall 

appertain. And thereupon the said Master doth PROTEST and I the said Notary, at his special 

interest and request do by these presents Publicly and solemnly Protest against Winds, Weather, 

and sinking, and against all and every accident, matter and thing, had and met with as aforesaid, 

whereby or by means whereof the said Keel Boat or her cargo, already has, or hereafter, whereby 

or by means whereof sustained damage or injury, for all losses, costs, charges, expenses, 

damages and injury, which the said Keel Boat, the owner or owners of the said Keel Boat or the 

owners, freighters or shippers of her said cargo, or any other person or persons interested or 

concerned in either, already have or may hereafter pay, sustain, incur, or be put unto by, through 

or on account of the premises, or for which the insurer or insurers of the said Keel Boat or her 

685
cargo is or are respectively liable to pay or make contribution or average according to custom, or 

their respective contracts or obligations; so that no part of such losses and expenses already 

incurred, or hereafter to be incurred, do fall upon him the Master , his officers or crew. 

 THUS DONE AND PROTESTED, at my office in the city of NEW ORLEANS, this 

Twenty-seventh day of November in the year of our Lord one thousand eight hundred and fiftyone in the presence of Daniel J. Picardo [?], and [first name illegible] J. Soria both of this city, 

competent witnesses, who hereunto sign their names, together with the said Appearers, and me, 

said Notary. 

[Signatures] D. J. Picardo [?], A. J. Soria, John C. Diltoe {Capt.}, Alexander J. Syall, Jacob 

Soria, Not. Pub. 

686
687
688
689
690
 561 

By this public act of Protest be it known that on this Twenty-sixth day of December eighteen 

hundred and thirty-six before me Carlisle Pollock, a notary public in and for this city of New 

Orleans, duly commissioned, personally came and appeared Laurent Palmer, master of the steam 

boat called the Fort Adams of Fort Adams [Miss.], together with Charles Stewart, mate; John W. 

Bennett, Pilot; William Fleming and John Burnes, Engineers; & Lucious Smith, carpenter, all of 

and belonging unto said steamboat, who having been duly sworn so declare [562] the truth 

deposes that said steamboat being light and very well manned, fitted, and provided, and partially 

laden with cotton, they departed with her from Coles Creek on the Mississippi bound for this 

place on the Sixth instant, on the same day reached Natchez where they took in Tow the Brig 

Augustus bound for this place, and again proceeded. On the seventh day reached Ft. Adams, 

where the Steam Boat completed her loading, and the brig also took in some cotton. On the 

eighth the steamboat being inspected over and in fair running trim, they started from Fort Adams 

to continue their intended voyage with the Brig lashed to their starboard side. Toward the latter 

part of the day it came on to blow heavy, with considerable sea on the River; at 7 P.M. stopped at 

the wood yard opposite to Tunica Island to replenish their fuel, during this time the wind and 

swell increasing in the night. Setting in dark with every appearance of a storm, the Master 

determined to lay by until morning. On the 9th at 4 A.M. the weather moderating they got 

underway, but at daylight it again came on to blow heavy, wind upstream, gradually increased to 

gale, causing a laborsome chopping sea against the current which made both the steamboat and 

the Brig pitch and strain excessively. At 8:30 found the boat was leaking, and examination being 

immediately made, they discovered that the hold was rapidly filling; in this emergency, the 

master caused her to be steered for the shore, directing at the same time the crew of the Brig to 

prepare to cast off. This was not, however, done until they came very near, where the Brig 

unlashed and came to anchor and the boat shooting ahead which she passed on Port Hudson but a 

little above Thompson Creek with her head on shore, and touching abaft lines were moderately 

carried out and the boats secured as to prevent her from sliding off the Bank. A stage was neat 

rigged forward, and to prevent further damage if not total loss, they commenced without further 

delay [illegible] the cargo from the deck [563] in the mean while the clerk was dispatched to 

Bayou Sarah to bring the steamboat Huntsville to obtain assistance, and the carpenters were set 

to work to box up the [illegible] to enable them if possible to save the boat when sufficiently 

lightened. At about 4 P.M. they had got the greater part of the cargo loaded from the decks, 

when the Hunstville came alongside, took off what remained on the decks and such portion as 

she could carry of the cargo that had been landed and departed during the night. On the 10th the 

boat was lying in the same state, her hold full of water, up to and over the greater part of the 

deck, her bow on the Bank and [illegible] abaft, and having about 17 feet of water amidships; in 

this dangerous situation in peril every instant of breaking up, the master deemed it necessary for 

the interests of all concerned to proceed to this place for assistance and accordingly departed in 

the afternoon; during the remainder of the day and the days following, the mate and crew in 

providence of the instructions left by the master employed themselves without discontinuance in 

saving the Cargo from the Hold, and in freeing the boat from the weight of the engines, having 

first made an ineffectual attempt to pump her out by means of the latter; on the 14th the master 

returned to the boat, whence being evident it was but little hope could be entertained of saving 

her, it was determined to reduce the loss as much as could be by stripping her of her machinery 

and such other articles and materials as might be saved, this course was also resorted to because 

the boat being so much the more lightened would be the less liable to break asunder and easier to 

raise if circumstances should become more favorable. On the 15th got a flat boat and discharged 

into her a considerable part of the machinery and materials of the Boat; on the 18th they had got 

out the greater part of the engine; on the 19th the boat being much disencumbered they 

endeavored to get at the cargo in the hold, but the place being full of water they could not 

accomplish their purpose until they had cut up the deck fore and aft, this being done on the 21st

they shipped by the steamboat Baton Rouge a part of the damaged cotton and of the machinery. 

On the 22nd got out from the hold the remainder of the Cargo. On the 23rd, manned the flat and 

691
started her for New Orleans, [564] and on the same day shipped the balance of the Cargo and 

materials saved on board the steamboat Huntsville, and abandoned the wreck, it being 

impracticable to save from her anything more nor to do anything further towards raising her. 

And further said appearers declared that of the whole cargo, which consisted of one thousand and 

eight bales of cotton, upwards of one-half has been more or less damaged, and that several bales 

have been totally lost, supposed to have floated off during the discharge. And thereupon these 

appearers and especially the said master and present and with him at his request [illegible] do by 

these presents most publicly and solemnly protest against the heavy weather experienced by said 

boat as aforementioned and against the seas and currents of the Mississippi as the causes of the 

loss and damaged suffered and sustained by said boat and her cargo, and that no fault, 

negligence, nor mismanagement ought to be imparted to these appearers nor to any others of said 

Boat company.– 

Done and protested at New Orleans on the day, month, and year herein first before written, the 

protestors hereunto sign by their names with me, Notary. 

 Lawrence Palmer, Master 

William M. Fleming Lucius Smith 

John Byrne Charles Stuart 

 John W. Bennett 

 Carlisle Pollock, 

 Notary 

692
693
694
Sea Protest 

7 December 

[557] By this publick [sic throughout] Act of Protest be it known that this day before me John 

Lynd notary publick in and for this city of New Orleans personally appeared Captain James 

Sandford, late Master of the Schooner Rapid of this port of the burthen of about forty three tons, 

who having been duly sworn to declare the truth deposed that he sailed in and with said 

Schooner from this place on the 25th day of last month, and from the Balize on the 28th of same 

month, bound for the Havana; That about 11 A. M. a ship was perceived in chase; the Schooner 

was already close upon a wind, and so continued; and at one P. M. they carried away the fore 

gaff, which obliged them to take in the foresail; and they then continued under mainsail, jib and 

fore topsail; The wind blew heavy, with a rough cross sea, and at three P. M. the Schooner upset; 

at 10 minutes past four the ship in chase came up, and her boats took this appearer and the other 

persons onboard; she proved to be his Britannick [sic] Majesty’s ship Herald. The appearer 

therefore declared solemnly to protest against the said ship Herald as the cause of the total loss of 

the said Schooner, her Cargo, and all her papers, including her Register and other documents 

furnished to her by the collector of the Customs 

[558] for this port, and that no fault, negligence nor mismanagement ought to be imparted to 

them this appearer nor any other of the Ships company. Thus done and protested at New Orleans 

this fourth day of December one thousand eight hundred and thirteen, the protester, hereunto 

signing his name with the notary. 

[Signatures] James Sandford, John Lynd, Not. Pub. 

695