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Massachusetts Privateer Brigantine Vigilant |
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| Vigilant | (1) Commander Nicholas Malescot |
| Armed Brig | 29 July 1779-[October] 1779 |
| Massachusetts Privateer Brigantine | (2) First Lieutenant Billat
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| Commissioned/First Date: | 29 July 1779 |
| Out of Service/Cause: |
| Owners: | James Macduff of Boston, Massachusetts [Dumaine & Lion [Du Main & Lyon] of Guadeloupe, French West Indies] |
| Tonnage: |
| Battery: | Date Reported: 29 July 1779 Number/Caliber Weight Broadside 6/ Total: 6 cannon/ Broadside: 3 cannon/ Swivels: |
| Crew: | 29 July 1778: 19 [total] |
| Description: |
| Officers: | (1) First Lieutenant Billat, 29 July 1779-[October] 1779 |
| Cruises: | (1) Boston, Massachusetts to Guadeloupe, French West Indies, [September] 1779-[September] 1779, with Massachusetts Privateer Brigantine Brilliant
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| Prizes: | (1) [unknown], about late 1779 |
| Actions: |
Comments:
Massachusetts Privateer Brigantine Vigilant was commissioned on 29 July 1779 under Commander Nicholas Malescot of Boston, Massachusetts. She was listed as being armed with six guns and a crew of eighteen men. Her $10000 Continental and £4000 Massachusetts bonds were signed by Malescot and by James Macduff and Peter Aldoph, both said to be of Boston.1
However, there was considerably more to the story.
In the summer of 1779 two brigantines owned by Dumaine & Lion, merchants of the island of Guadeloupe, in the French West Indies, arrived in Boston. The French owners desired to obtain privateer commissions for the two brigantines, the Brilliant (Samuel Waters) and the Vigilant. After some arrangements, James Macduff & Co. agreed to step in as the owners-of-record for the two brigantines. With this subterfuge Vigilant was commissioned on 29 July and Brilliant on 4 September 1779. One Billat appears as the First Lieutenant aboard the Vigilant.2
Both brigantines sailed for Guadeloupe in company. During the passage storms hammered the brigantines and Brilliant arrived in a heavily damaged state. Dumaine & Lion sold the damaged Brilliant at Guadeloupe, moving the brigantine’s longboat and her crew over to the Vigilant. Meanwhile Malescot had become very ill. Dumaine & Lion dispatched Vigilant to Boston, with both crews aboard and with Billat assuming command of the Vigilant. Billat took Malescot’s commission with him.3
The later petition by the owners tells the story of the voyage: “That the Petitioners further set forth that theVigilant on her passage to Boston aforesaid, meeting with adverse winds tempestuous weather and one of the Enemy's cruisers, was driven from her course and so disabled as to be obliged to put into the Island of Teneriffe to refit. That after refitting Capt. Billat sailed for Boston and soon met with a British Merchant Vessel. That Capt. Waters with his crew in the long-boat before mentioned Captured the said Vessel, and carried her into the Island of Teneriffe, where she was condemned and sold as lawful prize.”4
At this point the French consul in the island intervened, claiming the prize for the French king. The Spanish prize court ordered the proceeds held until the claims were sorted out, and referred the matter to the Spanish Royal court for further determination. Dumaine & Lion hired an attorney, James Veilon, who presented a petition to the Continental Congress, asking for Congress to direct its “Minister Plenipotentiary” at the Spanish court to intervene in the affair, on the basis of the privateer commissions held by the French captains.5
Congress heard the petition on 11 July 1780 and referred the petition to the Board of Admiralty.6 The Board of Admiralty reported on 10 March 1781, that
“Upon the Stating the case the Board beg leave to Report, as their opinion, that as the prize mentioned in the Petition was captured under Commissions of the United States of America, the claim of the French Consul was not well founded, and that the owners of the Brigantines Brilliant and Vigilant (who are the same persons) and the Captors are undoubtedly intitled to the whole amount of said prize, but as it may be made a question who were the Captors, whether Capt. Waters and his crew and Captain Billat and his crew conjointly, or the Captains and their crews separately considered. If the Honorable Congress should be of the above opinion, the Board would with submission propose,
That the Minister Plenipotentiary of these States should be directed to represent this matter to the Court of Spain, and take such measures as he may judge expedient to obtain an order to the Judge of the Admiralty at Teneriffe, to deliver the whole amount of sales of the prize captured and condemned as aforesaid to the owners of the BrigantineBrilliant, their agent or attorney for the use of the said owners, and the Captors.
In this way the Board conceive due respect may be paid to the Commission of Congress, and justice done to the Petitioners and Captors leaving Waters and Billat and their crews to decide as they think proper, who are entitled to a part of the Prize as Captors.”
It should be remembered that the United States had no diplomatic representation at the court of Spain, but depended on the French to assist in that effort. The “Minister Plenipotentiary” in Europe was Benjamin Franklin, who was only recognized by the French.7
On 24 May 1781 Congress approved the report and “Resolved, That a copy of said petition be transmitted to the minister plenipotentiary of these United States at the Court of Spain; and that he be directed to represent the matter to the said Court, and take such measures as he may judge expedient to obtain an order to the judge of the admiralty at Teneriffe, to deliver the whole amount of the sales of the prize therein mentioned, to the owners of the brigantine Brilliant, their agent or attorney, for the use of the said owners and the captors.”8
1 Allen, Massachusetts Privateers of the Revolution, 317
2 JCC, 19:260-261
3 JCC, 19:260-261
4 JCC, 19:260-261
5 JCC, 19:260-261
6 JCC, 17:601
7 JCC, 19:260-261
8 JCC, 20:531
| Posted 6 January 2010 |
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