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Timothy Griffith,

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French Battle,

Charles Bryan, Sen.

Luke Mounce,
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.

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At a Council held at Philadelphia the 26th May, 1748.

PRESENT:

The Honoble. ANTHONY PALMER, Esqr., President.

Thomas Lawrence,

Abraham Taylor,

Thomas Hopkinson,

Samuel Hasell, )
Robert Strettell, Esqrs.
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 Privateer 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 Evangelists, 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. WILLIAM FRAZIER."

"Sworn before me,

Then the Messenger, Roger Sherron, was examin'd, & the Secretary having reduc'd what he said to writing, Sherron made Affidavit 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 Elsenbourgh in the River. That he saw the said George Proctor after he came ashore this morning, & was present when he made a Deposition to the purport as above, and that he heard several Persons of Credit declare at Salem that they saw such Brigantine lying opposite 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 propos'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, & Coll 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, authorizing Col 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 Trembleur, 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, whereupon Mr. Hasell & Mr. Hopkinson undertook to go and speak to all the other Owners.

Mr. Hasell & Mr. Hopkinson return'd & reported that the other

Owners of the Trembleur Privateer had readily given their Consent for her to be fitted out, & Captain Bowne attending the Council, 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 provision 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 conceiving 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 Battery, 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 Information of the State of Affairs here, & that Captain Ballet be told he may have an opportunity of sending a Letter to Captain Masterson, Commander of the Hector Man-of-War, by Express to Virginia.

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

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 conceive 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 President & 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 Col of the Associated Regiment of Philad; And whereas, By our Order & Direction since the issuing our s Commission, some Batteries have been erected & Guns mounted on some parts near the said City for the security & defence 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 requisite; 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 Commander-in-Chief of this Povince; and as We have just reason to apprehend 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 Batteries 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

said Ships, Vessels, or Boats, and giving an Account of themselves, and from whence they came.

"Given in Council under our Hands & Lesser Seal of the said Province, at Philadelphia, the 26th Day of May, in the Twenty-first Year of His Majestie's Reign, Annoqz Domini, 1748.

"ANTHONY PALMER,

"THOMAS LAWRENCE,

"SAMUEL HASELL,

"WILLIAM TILL,

"By their Honour's Command.

"ROBERT STRETTELL,

“RICHARD PETERS, Secretary."

At a Council held at Philadelphia the 27th Mày, 1748.

PRESENT:

The Honoble. ANTHONY PALMER, Esqr., President.

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The Minutes of the preceding Council were read and approv❜d. George Proctor, the Sailor who swam ashore from on board the Spanish Brigantine, Captain Don Vincent Lopez, having been despatch'd from Salem to New Castle, the Magistrates there sent him up Express with the following Letter from Mr. Macky, which was deliver'd to some Members of Council late last Night:

"NEW CASTLE, May 26th, 1748, Eleven o'clock. "To the Honoble. the President & Council at Philadelphia. "Gentlemen:

"About nine o'clock arrived here the Bearer, who swam last Night from a Spanish Privateer Brig who was at Anchor off Elsenbourgh with fourteen Guns & 160 Men; she came up within Gun Shot of this Place about an hour ago, & came to an Anchor with a Spring .on her Cable; we fired at her with our four Guns many Shot, most of which pass'd her, but none took place as the Tide was against her, & the wind became immediately calm it prevented her boarding the large Jamaica Man who lyes in our Road, which was evidently her design; if that had happen'd, ere this in all probability this Town wou'd now have been in flames; nothing but the ebb Tide and a Calm prevented it. After she, the Privateer, lay some time at Anchor the Jamaica Man fired at her as we continued to do, on which she weighed & towed away, fired a Gun, hoisted Spanish

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