John Jay Papers
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From John Jay to Seth Harding, 26 November 1779, enclosing Minutes of the Council of Commissioned Officers of the Confederacy, 23 November 1779

To Seth Harding

On board Confederacy, 26th November 1779

Sir

As Mr. Gerard declines giving any Opinion or direction On the subject of the within Report of a Council of Your Officers I can only inform You that their sentiments correspond with mine and that their advice ought in my Opinion to be followed.1 I am Sir. Your Most Obedient Servant

John Jay

[Enclosure]
Minutes of the Council of Commissioned Officers of the Confederacy

[On board Confederacy, 23 November 1779]

At a Council of the Commissioned Officers of the Confederacy called together this 23d November 1779 at the Request of Seth Harding2 Esq. Commander in Consequence of loosing her, Boatsprit, Fore Mast, Main Mast, and Mizen Mast, on the 7th Inst. at half past 5 O’Clock A.M. in Lattitude 41:03 Longitude 50:39 Cape Henlopen bearing S. 83°W. Distance 1140 M. Carvo3 S. 85°E. Distance 878 M. Steering. E B N. Wind at S.S.E. the above Boatsprit, and Masts together with allmost all of her Rigging were Carried away and lost likewise lost with the Rack, her Fore Sail, Fore top sail, Jibb Fore Stay Sail, Main top Mast Stay sail, Middle Stay Sail, Main top Gallant Stay Sail, Sprit Sail, Spirit Sail Top Sail, Fore top Gallant Steering Sail, and Royal Main Top Gallant Stay Sail and Royal Mizen top Sail, Mizen Stay Sail, Mizen top Gallant stay Sail, Misen top Gallant Sail, Mizen top Gallant Royal, at 11[A.] M. got Clear of our Rack. The Next day at 7 O’Clock A.M. found the Rudder Head to be gone, we immediately began to Refit it, and up July Masts, and have been Constantly imployed to this day, Endeavouring to get the Ship in Order to proceed on her passage, being in Lattitude 40:33 Longitude 48:28.4 The following Questions were put to the following Officers:

Question 1st. To Mr. Tanner. Master. Do You think it Proper to proceed to Europe with the Confederacy in her present Situation?

Answer. No I do not think it possible to make the Rudder so secure as to proceed with safety.

Question 2nd. Where do you think it would be most prudent to carry the Ship too in her present situation for the safety of the Ship and Crew?—

Answer. As I do not think the Ship in a proper Situation to proceed on her intended Passage, I think it most prudent to proceed to the first safe Port in the West Indias.

Question 1st. To Mr. Gregory, 3rd Lieutenant. Do you think it proper to proceed to Europe with the Confederacy in her present Situation?

Answer. No I do not think it Possible to secure the Rudder so as to proceed on her intended passage with safety, besides if we should meet with a Gale of Wind, and have Our Jury Mast or Sails Carried away we have none to Replace them.

Question 1st. To Mr. Vaughan, 2nd Lieutenant. Do You think it proper to proceed to Europe with the Confederacy in her present situation?

Answer. Our Rudder I believe to be the greatest Obstacle to prevent the Ships proceeding to Europe which in my Opinion cannot possible survive a hard Gale of Wind without increasing the Leake very much, and should we be Necessitated to part with it the Ship would undoubtedly be thrown into Various difficultys in Consequence of which we might founder the Ship. I think it very imprudent to Approach the Coast of Europe, in Our present situation for this Reason should we have the misfortune to be Attacked by a gale of wind On shoar we must inevitably be Cast onshoar, and perhaps the greater part of us if not the whole fall a sacrifice to our own folly. I would by all means advise proceeding to the West Indias with the utmost expedition as our Water and provisions begin to Run Short.

Question. To Mr. Gross, 1st Lieutenant. Do You think it prudent to proceed to Europe with the Confederacy in her present Situation?

Answer. I do not think it possible to secure the Rudder so as to proceed on her intended passage with safety, besides if we should meet with a Gale of Wind and have Our Jury Masts or Sails carried away we have none to Replace them.

Question. To Mr. Storer (Carpenter). Do You think it prudent to proceed to Europe with the Confederacy in her present Situation?

Answer. No the Rudder Can’t be secured so as to proceed with Safety.

Question. To Mr. Hays (Boatswain). Do You think it prudent to proceed to Europe with the Confederacy in her present situation?

Answer. No. On Account of the Rudder being disabled and not a sufficient Quantity of Rigging and Blocks in Case we should meet with an Accident.

Simon Gross
Thomas Vaughan
Stephen Gregory
John Tanner
Ebenezer Storer
James Hayes

Both texts are Cs, in the hand of John Lawrence, “Clerk.” NNC (EJ: 9837). Enclosure endorsed by JJ: “Minutes of Council of officers on board Confederacy in 1779.”

1Anxious to get home to France, Gérard became temperamental when the officers recommended sailing to the West Indies. JJ found merit in their decision and gave it his support, but the Frenchman refused to do so and became sullen and uncooperative. Peacemakers description begins Richard B. Morris, The Peacemakers: The Great Powers and American Independence (New York, 1965) description ends , 4–5; JJ to the President of Congress (Samuel Huntington), 24 Dec. 1779, below.

2Seth Harding (1734–1814), a New England mariner, had commanded vessels trading with the West Indies during the French and Indian Wars. He was captain of several Connecticut ships at the beginning of the Revolution until being put in charge of the Continental Confederacy, which carried JJ on its first voyage.

3Cape Carvoeiro, 45 miles north of Lisbon on the coast of Portugal.

4For the mishap to the Confederacy, see Peacemakers description begins Richard B. Morris, The Peacemakers: The Great Powers and American Independence (New York, 1965) description ends , 3–5, and SLJ to Susannah French Livingston, 12–26 Dec. 1779, below.

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