USA > Pennsylvania > Colonial records of Pennsylvania, Vol. V > Part 25
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" Whenever any Law shall be made in Pennsylvania for estab- lishing a Militia & erecting a Fort or Battery, we shall be very ready to show our Concern for the safety of the City by giving Can- non for such a Battery. But unless a Law was to be pass'd for the support of a Battery & of Men to attend it, I fear it will be ne- glected as soon as made ; & am of opinion that the most proper method you could have taken would have been to hire as large a
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Ship as any in your River, & mann'd her as a Guard Ship to have lain in some proper part of the River. However, I hope the arri- val of the Otter will make this unnecessary ; or if You shall want a further Security a Ship I think will be of the greatest use. The Hector, a forty Gun Ship, goes to Virginia, and there is no ques- tion but a Ship will Sail soon for New York ; so that I shall expect to hear on the arrival of these Ships with the Fleet your Coasts will be secure. I find by your Letter you did not expect a Ship or Sloop on your Station, and I believe had not the Affidavits of the Landing a Privateer's Crew in New Castle County been sent me I should not have got it.
"You may rest assured that we shall ever think it our duty to apply our time & Interest in the first place to the Service of. the Province; & therefore in any case where our assistance can be of use you may depend on its being given with an hearty good will. My Brother is now in the Country or we should have wrote jointly.
"I am, Gentlemen, Your very affectionate Friend, "THO. PENN. " LONDON, March 30th, 1748.
"I observe the Assembly broke up without giving any assistance, which is what You must have expected."
The President acquainted the Council that Captain Ballet having on his arrival waited on him & presented his Instructions from the Lords of the Admiralty, whereby he was directed to consult with this Board, he had Invited him to Council, & the Captain accord- ingly coming was introduc'd by the President & received the Salu- tations & Compliments of each Member of the Board, & then deliver'd in a Copy of his Instructions, which were read in these words :
" By the Commissioners for Executing the Office of Lord High Ad- miral of Great Britain & Ireland, &c.
" Whereas we have received a Memorial from the Proprietors of the Province of Pennsylvania & Counties of New Castle, Kent, & Sussex, en Delaware, setting forth that the Inhabitants of the said Province & Counties carry on a considerable Trade to Great Britain. Ireland, and the Colonies in America, & in particular Export Pro- visions to the Islands in the West Indies for the Support of the Inhabitants of the said Islands, & of His Majestie's Ships employed there, insomuch as to employ Four hundred Vessels Yearly in that Service from that side the River Delaware, besides the Great Trade of the Province of Jersey, Situate on the other side the said River ; but that since the Commencement of the present War the same has VOL. V .- 16.
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been much Interrupted by the Privateers of the Enemy, which have generally Cruized at the mouth of the Bay, and have taken many Ships laden with Provisions, & that some have even gone up the Bay about fifty Miles above the Capes, the Crews of which have landed & Plunder'd the Houses of several of the Inhabitants, & therefore requesting that a Ship of War may be stationed in the Bay of Delaware to protect the Trade & Inhabitants of the Country from any such Insults for the future; And Whereas We have ap- pointed His Majestie's Sloop under Your Command to perform this Service, and to go out in Company with the Hector (which is or- dered to Convey the Trade to Virginia) as far as the entrance of the Bay of Delaware, where You are to part from her & to proceed up the Bay with any Trade bound to Pennsylvania or to any other place in that River.
" When You arrive in the River of Delaware you are to acquaint the Governor & Council of Philadelphia of your arrival, & to shew them a Copy of these Instructions when You have an opportunity, and to consult & advise with them from time to time in what manner the Sloop under Your Command may be best employed in guarding the Coast & securing the Trade from any Attempts of the Enemy ; and You are to use your utmost endeavours to take or destroy all Ships & Vessels of the Enemy that shall come upon the Coast, and to protect the Trade of His Majestie's Subjects;
" And Whereas We have directed the Captain of His Majestie's Ship the Hector, Station'd at Virginia, to bold a constant Corres- pondence with You, You are, whenever You shall find the Ene- my's Ships too strong for You, to send immediate advice thereof to the Captain of the said Ship, whom we have order'd to repair to your assistance, and You are jointly to endeavour to take or destroy them; and if the Captain of the said Ship shall at any time send You Notice of the Enemy being too strong for him, You are with all possible diligence to proceed to his assistance, communicating in the first place the Intelligence You have receiv'd to the Governor & Council of Philadelphia; & when the Service is performed You are to return to Your Station.
"You are hereby directed to keep constantly at Sea when the Wheather will permit, & to Cruize in proper Stations for meeting with the Enemy's Ships or Privateers, & for protecting the Trade of His Majestie's Subjects & guarding the said Colony of Penn- sylvania from any attempts of the Enemy.
" And in order to enable You the better to keep the Sloop under Your Command in a good Condition to Cruize & protect the Trade as well as to annoy the Enemy, You are to cause her to be clean'd once in Six Months at the most convenient place in the River, & to victual her as often as there shall be occasion; & You are to take
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on board no more Provisions at a time than is necessary for the Service You are employ'd on.
" Given under our hands the Second Day of March, 1747.
" ANSON, " DUNCANNON,
"W. ELLIS.
" To CAPTAIN BALLET, Commander of His Majestie's Sloop the Otter, at Spithead.
"By Command of their Lordships.
"THOMAS CORBETT."
Captain Ballet having inform'd the Board that in his Passage he met with a very large Ship, & fought her for four hours, & had receiv'd so much damage in the Engagement that he shou'd be oblig'd to heave his Vessel down, the Board express'd great Con- cern at this, informed the Captain that there were Privateers upon the Coast, & that if these who were the first Comers shou'd not be repulsed, they wou'd encrease fast & become too powerful; but if these were either taken or driven off, it wou'd discourage others. Every body look'd upon his arrival as a signal Instance of Provi- dence in favour of this Colony, since, should the Enemies be dis- appointed in their first Attempt, they would alter their Measures & think of Cruizing somewhere else.
They added that this was one of the worst Ports in the World for Seamen, & shou'd he now go upon the Careen, it wou'd not be possible to prevent Desertion. He said his Ship was not now in a Condition to go on a Cruize ; that he must refit, but wou'd use all the dispatch possible; & as neither he nor the Vessels which arrived here two or three Days ago had seen any Privateers, he hoped they were gone off, & he wou'd do his utmost endeavours to be ready for them if they shou'd return; that he was under no fear of desertion, & so took his leave & withdrew.
The Board finding him determined to heave down, concluded to give him all the assistance in their power.
Order'd, That the Secretary bespeak an handsome Entertain- ment at Roberts' Coffee House to-morrow, & invite Captain Ballet & his Officers to dine with the President & Council, & that the Judges & Magistrates & principal Persons of the City be likewise invited. And as the Council is to review the Associated Regiment of Philada. City in the Afternoon, the Captain & his Officers may be requested to accompany them to the Review.
The Secretary laid before the Board a Letter which he had received by this Conveyance from Proprietor Thomas Penn, in answer to his of the , wrote by Order of the Board,
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which was read, & he was directed to communicate that part of it which related to the Dock to the Mayor or Recorder of the City.
" LONDON, March 30th, 1748. " Mr. Peters :
" We are much concern'd at the account you give of the sickly state of the City, and would with great pleasure lend our assistance to prevent such a Calamity if any thing in our power wou'd do it, but we cannot think the Mud in the Dock can be different from what is left on the side of the River, unless it is occasioned by the Tan Pits; and if any unwholesome effluvia comes from them they should be removed. What Scheme to form for the removal of the Mud in the Dock that will be most proper & effectual we cannot by any means advise, and think you that are on the Spot much better able to do it. If the Corporation or Publick expect a Dock, it should be done at their Expence, or else on their giving up any Right they may have to it, the Persons to whom it fell will perhaps clear & build upon it. It is to be consider'd that the Dock has been many Years nearly in the same Situation, & yet no such fever was known till the Year 1741, when it undoubtedly came from the West Indies, which is almost a plain proof it does not arise from the Mud in the Dock. The Wharfs about the Dock are we suppose much more used than in the upper part of the Town, and therefore any Infectious Distemper from abroad is much more likely to spread from thence. I desire you will communicate this to the Council, & am
" Your very affectionate Friend, "THO. PENN."
Mr. Till having received a Deputation from the Commissioners of His Majestie's Customs to be Collector of New Castle, & like- wise a Letter from them to this Board, which he was desir'd to deliver in Council, he presented it, & it was read, together with the blank Bond :
" Sir-
" In pursuance of a Warrant from the Lord's Commissioners of His Majestie's Treasury, We have issued our Deputation to William Till, Esq'», to be Collector of the Customs at New Castle, in Penn- sylvania, in the room of Mr. Thomas Græme, deceas'd. And secu- rity having been given for him here, We desire you will please (in the absence of Mr. Dinwiddie, the Surveyor General) to take caree he executes the inclos'd Bond before proper Witnesses, & return the same to us; and that You will then admit him to the said Employ on his taking the Oaths enjoined by Law for the due dis-
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charge of his Duty, & favour him with a Certificate thereof, to be transmitted to Us.
" We are, Sir, your most obed& hble. Servants,
"BEAUMT. HOTHAM, "J. EVELYH. " ROBT. BAYLIS, "W. SEVIEUR,
" Custom House, London, 9th March, 1747.
" Gov". of Pennsylvania."
Mr. Till having executed the Bond, which was witnessed by Mr. Turner & the Secretary, he took & subscrib'd the Oaths and De- clarations to His Majesty, and likewise took an Oath for the faith- ful Discharge of his Office.
Order'd, That a proper Certificate of Mr. Till's Qualification be prepar'd, to be attested by the President under the Great Seal.
Mr. Taylor & Mr. Turner reported that they had contracted with Mr. Burge to carry 35 French Prisoners to the Island of His- paniola for &£32 in two Bermuda Sloops.
Order'd, That a Flagg of Truce be prepar'd for each Vessel, & a Letter to the Governor of the Havanna by each Captain.
At a Council held at Philadelphia, 25th May, 1748. PRESENT :
The Honoble. ANTHONY PALMER, Esqr., President.
Thomas Lawrence, Samuel Hasell,
Abraham Taylor, Robert Strettell, Esqrs.
Thomas Hopkinson,
The Minutes of the preceding Council were read & approv'd.
George Porteus, Captain of a small Sloop from Providence, having been taken off the Capes of Delaware by a French Priva- teer, the late Clinton of New York, his Examinatian was taken, & having made Oath thereto before Mr. Hopkinson, his Deposition is order'd to be enter'd :
" George Porteous, of Philadelphia, Mariner, being sworn on the Holy Evangelists of Almighty God, deposeth & saith, that he with three others are Owners of the Sloop called the Three Brothers, of which George Smith was lately Captain ; that he sail'd in her from the Island of New Providence about the third Day of May, In- stant, bound to this Port of Philadelphia, and in the Vogage, on the Seventeenth Day of this Instant, May, about two Leagues from the false Capes, which then bore North-West & by North, were chased & taken by a French Privateer Sloop, the late Clinton Pri-
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vateer of New York; that the said Clinton Sloop mounted twelve four-Pounders, &, as he thinks, about sixteen Swivel Guns, & had on board about one hundred & twenty Men belonging to her and about thirty English Prisoners; that the Privateer took all the People belonging to the Sloop Three Brothers on board the Pri- vateer, & afterwards putting this Deponent, his Wife, his Son, and an old Man on board the Three Brothers, together with three French Sailors, order'd them to proceed to the Capes of Delaware, whither the Privateer was then going; that the three French Men accord- ingly took the Command of the Sloop Three Brothers, but it coming to blow hard, they lost Sight of the Privateer, & then this Deponent took the Helm & brought the Vessel into the Capes of Delaware, & after a good deal of difficulty he the old Man and Boy made themselves Masters of the three French Men, took in a Pilot at Lewes & sailed directly for this Port, where he arrived yes- terday with the three French Men Prisoners. This Deponent fur- ther saith, Captain Burke & the Crew of the Brigantine Richa, bound from Philadelphia to London, were on board the said French Privateer at the time he was taken by her, as were likewise several of the Men belonging to two other English Vessels that had been, as this Deponent was inform'd, taken on this Coast by the said French Privateer; that this Deponent heard the French Men say they intend- ed to continue to Cruise about the Capes of Delaware, and had dis- patch'd the Recovery, an English Privateer Schooner lately belong- ing to Providence, which they had taken, who were to return with more Men to Mann the Prizes they shou'd take. That this De- ponent further understood from the People belonging to the French Privateer that there was likewise a French Sloop & a Spanish Schooner Cruizing on this Coast in Consort, which this Deponent believes he saw at some distance; and his reason for believing the Vessels he saw to be the said Privateer Sloop & Schooner is, that when the Sloop was ahead she shortened Sail & waited till the Schooner came up, and this she did several times, and that they came out from under Cape May & were Sailing Cross the Bay.
"GEO. PORTEOUS.
" Sworn the 25th Day of May, 1748, before me,
"THOS. HOPKINSON."
As there may be sundry Emergencies which will require imme- diate & frequent Consultations with Captain Ballet, Mr. Hasell, Mr. Taylor, & Mr. Strettell are appointed a standing Committee to con- fer with him, & they have it in Charge to inform him of the Mat- ters depos'd by Captain Porteous.
Resolved, That the Council sit every morning at ten o'Clock in the City Court House.
The following Officers being chosen & return'd by the Associators
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to the Presidt. & Council, were approv'd of & Commissions issued to them accordingly :
CAPTAINS. LIEUTENANTS. ENSIGNS.
Philadelphia County.
John Hall. Joshua Thomas. Philip Wynkope.
N. B .- Edward Jones is Chosen Col®-, Thomas York, Lieut. Colo-, & Samuel Shaw, Major of a Regiment in this County.
Bucks County.
Charles Stewart, James Hart,
William Hart,
Anthony Wright,
Lewis Rue,
Richard Vanhorne,
Robert Jemmison,
John Beard,
Samuel Martin,
James McLouglin,
James Davis,
John Hall,
John Wilson,
Thomas Blair,
George Overpack,
Bernard Vanhorne, jr. Robert Cummings.
Ralph Dunn.
Chester County.
William Clinton.
Morris Thomas. William Carr.
Lancaster County.
James Galbreath,
James Sample,
John Harris,
John Smith,
Willm. Cunningham,
Joseph Candor,
Adam Reed,
John Crawford,
John Young,
John McKown,
James Anderson,
James Finney,
John Galbreath,
William Allison,
Nathaniel Little,
David M'Clure, James Armstrong, Thomas McKee,
Thomas Foster,
Andrew Boggs,
Alexander Armstrong, John Dougherty,
Robert Smith,
Willm. Baskell,
James Graham,
John Purrins,
William McMullan,
Robert Baker,
William Mitchell,
Henry Rennicks,
James Patterson, Thomas Harris.
James Smith.
Thomas Mitchel, John Wilson.
N. B-Thomas Cookson is Chosen Collo,, James Galbreath, Lieut. Colo & Robert Baker, Major of the above Regiment.
Samuel Anderson, John Woodside,
John Barkley,
Jedidiah Alexander, Hugh Whiteford, James Smith,
Andrew Gregg, William Crawford,
Samuel Simpson,
James Snoodgrass. John Alexander.
John Snoodgrass.
N. B .- James Gillaspy is Chosen Colo -. Samuel Anderson, Lieut. Colo-, & James Whitehill, Major of one other Regiment in the sd. - County.
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CAPTAINS.
LIEUTENANTS. ENSIGNS.
New Castle County.
David Finney,
Francis Janvier,
French Battle,
Evan Rice,
James Walker,
Charles Bryan, Sen-
John Almond,
Luloff Peterson, Lake Mounce,
Timothy Griffith,
William Faries,
David Rowland,
Archibald Armstrong. Thomas Mccullough. Robert Pierce.
N. B .- John Gooding, Sen., & William Armstrong, are chosen Colonels, Thomas James & William Patterson, Lieut. Colonels, Jacob Vanbebber & William McCrea, Majors of two Regiments in the above County.
Kent County.
John Vining,
Thomas Parke, Richard Wells,
John Hunn,
William Hirons,
Mark Hirons,
Robert Blackshire.
John Rees. William Rees.
George Martin,
Jacob Allee, John Vanwinkle,
John Caton.
Robert Catlin. Joseph Hodson.
At a Council held at Philadelphia the 26th May, 1748. PRESENT :
The Honoble. ANTHONY PALMER, Esqr., President. Thomas Lawrence, Samuel Hasell, 1 Abraham Taylor, Robert Strettell, &Esqrs. Thomas Hopkinson, William Logan,
The Minutes of the preceding Council were read & approv'd.
An Express arriving at two o'Clock this Afternoon from Salem, in West Jersey, with Intelligence that there was, a Spanish Priva- teer of fourteen Carriage Guns lying off Elsenbourgh, about ten Miles below New Castle, the Council was call'd, & it appearing, by a Letter to Mr. Lawrence, that the fact was sworn to before Justice Frazier by one George Proctor, his Deposition was read in these words :
" SALEM COUNTY, May 25th, 1748.
" Came before Me, one of His Majestie's Justices of the County of Salem, one George Proctor, and being sworn upon the holy Evan- gelists, did Depose that he being a Prisoner of War did swim ashore from a Spanish Privateer of fourteen Carriage Guns, eight six Pounders & six four Pounders. She is a Brigantine of a hundred & sixty Men. She lies now against Elsenbourgh in the River.
" Sworn before me,
WILLIAM FRAZIER."
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Then the Messenger, Roger Sherron, was examin'd, & the Sec- retary having reduc'd what he said to writing, Sherron made Affi- davit thereof before Mr. Lawrence in these words :
" Roger Sherron, of the Town of Salem, Joiner, being sworn on the Holy Evangelists of Almighty God, deposeth & saith that he was sent express by the Magistrates of the said Town at Eight o'Clock this Morning, on one George Proctor's swimming ashore from a Vessel in the River, and deposing before a Magistrate of the said Town of Salem that he had been a Prisoner of War on board a Spanish Privateer of fourteen Carriage Guns, eight six Pounders & six four Pounders, a Brig of 160 Men, lying against Elsen- bourgh in the River. That he saw the said George Proctor after he came ashore this morning, & was present when he made a Depo- sition to the purport as above, and that he heard several Persons of Credit declare at Salem that they saw such Brigantine lying oppo- site to Clement Hall's plantation, Situate in Salem County, about ten or eleven Miles below the Port of New Castle.
" ROGER SHERRON.
" Taken & Sworn before me, this 26th May, 1748, at 4 o'Clock, P. M.
"THOMAS LAWRENCE."
The Council having sent for Captain Ballet, inform'd him of the near Approach of the Spanish Privateer, & that as the Wind is South if she should have any Consorts with her they might be before the Town in a very little time, and desir'd to know what he pro- pos'd to do; he said as his Guns were ashore & the Otter unrigg'd, the first & most serviceable thing to be done was for his Men quickly to raise a good Battery & place his Guns on it, & he accordingly withdrew to attend that Work.
Order'd, That as many Hands be hired as possible to work on the great Battery, & that the New York Guns be forthwith mounted thereon, & Collo Taylor is desir'd to impart this Order to the Managers, & press them to take care that the same be carried into Execution with all the Dispatch possible.
Order'd, That a Commission be prepar'd immediately, author- izing Colo. Taylor to take Charge of the Batteries, with a power of appointing others to act under him till such time as proper Persons can be thought of.
Mr. Lawrence being one of the Owners of the Privateer Trem- bleur, express'd his willingness that she shou'd immediately be got ready for the use of the Publick, & desir'd a Committee might be appointed to obtain the Consent of the rest of the Owners, where- upon Mr. Hasell & Mr. Hopkinson undertook to go and speak to all the other Owners.
Mr. Hasell & Mr. Hopkinson return'd & reported that the other
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Owners of the Trembleur Privateer had readily given their Con- sent for her to be fitted out, & Captain Bowne attending the Coun- cil, was ask'd if he was willing to take the Command of her; he said he was on this Condition, that if he shou'd be disabled from geting his Livelyhood by the loss of a Limb he shou'd have pro- vision made in that Case for him by the Publick. Mr. Lawrence likewise said that he & the Owners wou'd expect Security to be given to be paid a reasonable Sum in case the Trembleur shou'd be taken or receive any considerable Damage. The Council con- ceiving they cou'd not enter into such Engagements this Affair dropp'd.
Mr. Hasell & Mr. Strettell were desired to inform Capt". Ballet immediately of the Council's disappointment in their Expectation of getting the Trembleur, that now their sole depencence was on the King's Ship, & it was therefore desir'd she might not heave down, but Sail directly if it cou'd possibly be done.
Mr. Hasell & Mr. Strettell return'd & told the Board that they had spoke to Captain Ballet in the Terms given them in charge, but without Success, he still retaining his opinion that his Ship was not fit to go to Sea without Careening.
The Speaker of the Assembly & the Judges of the Supreme Court having been sent for, they were consulted with on the present state of Affairs, & while they were present the Board came to the following Resolves :
Order'd, That the French Prisoners shou'd not now be sent away, since they might, if taken, add a considerable strength to the Enemy.
Order'd, That a Centinel of ten Men be set to guard the Powder House.
Order'd, That there be an Embargo laid on all Vessels, & that the Collector of Philadelphia & New Castle be serv'd with it.
Order'd, That there be a strong Guard mounted on every Bat- tery, and that a set of Instructions be immediately prepared for the regulation of the Commanding Officers.
Order'd, That Expresses be dispatch'd in the morning to the Governments of Virginia, New York, & Boston, to give Informa- tion of the State of Affairs here, & that Captain Ballet be told he may have an opportunity of sending a Letter to Captain Mas- terson, Commander of the Hector Man-of-War, by Express to Vir- ginia.
Order'd, That two Pilot Boats shou'd be employ'd to Cruise in the Bay and River for Intelligence, & Abraham Wiltbank, the Pilot, shou'd be taken into Service & sent away instantly.
The Speaker having concurr'd in the above regulations as
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absolutely necessary, was pleas'd to declare his Sentiments as fol- lows :
That if the President & Council, in whose hands the executive powers of Government now were, in discharge of what they con- ceive to be their Duty, were put to any Expense, tho' it might happen in such an Instance as the Assembly wou'd not have advised, yet he believed that the Regard the Council might shew for the Good of the Province would ever be considered by the Assembly, and an adequate Provision made in the Support of Gov- ernment.
The following Commission to Mr. Taylor was Sign'd by the Presi- dent & four Members :
" By the Honourable the President & Council of the Province of Pennsylvania,
" To Abraham Taylor, Esq., Colo. of the Associated Regiment of the City of Philadelphia.
" Whereas, By virtue of our Commission bearing date the first Day of January last, We have constituted and appointed You, the said Abraham Taylor, to be Colo of the Associated Regiment of Philada; And whereas, By our Order & Direction since the issuing our sd. Commission, some Batteries have been erected & Guns mounted on some parts near the said City for the security & de- fence thereof against the Common Enemy, But the said Batteries & Guns have not yet been put under the Care, Direction, or Charge of any particular Officer, Reposing special Trust & Confidence as well in Your Care, Dilligence, & Circumspection, as in your Loyalty & Courage, We have authoriz'd, constituted, and appointed, and We do by virtue of the Powers & Authorities to Us given hereby authorise, constitute, and appoint You, the said Abraham Taylor, to take the said Batteries & Guns into Your Charge & Care, and to give such Orders & Directions for mounting, fitting, & preparing them for Service, and to appoint such Officers & Men of your said Regiment as a Guard thereto as to You shall seem meet and requi- site ; And as they are commanded to obey You as their superior Officer, So are You likewise to observe & follow such Orders & Directions from time to time as You shall receive from the Com- mander-in-Chief of this Povince; and as We have just reason to ap- prehend from the near approach of our Enemies they may attempt to pass the said Batteries with their Ships or Vessels, and to land their Men in order to plunder, burn, or destroy this City of Philadelphia, We do further authorize & impower You to burn, sink, or destroy the Enemy, their Ships or Vessels, attempting to pass the said Bat- teries or endeavouring to Land within any part of the County of Philadelphia. And You are hereby further Commanded & required not to suffer any Ships, Vessels, or Boats coming up the River to pass the said Batteries without some person first coming from the
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