Some time in June last a Scotch Ship & brig were seen in the bay by the troops stationed at Hull, standing in for the Light & four Privateers attacking them without any probable hopes of success. On this ordered one eighteen pounder to Point Alderton In the dusk of the evening The Vessels were between said Point & the fort on Hull ー We fired from the Fort on them ー The brig struck to us & sent her boat on shore. I put in a claim for the Vessels in the name of the State & in behalf of myself & regiment ー But recovered no part of the Ship or brig² When the Queen of England was taken I had the same, idea of the matter as before ー³ That it was my duty to claim for the State as well as myself & Regiment, accordingly gave directions to my Council ー I was afterward to my great surprize informed, that the Ship was not libelled in the name of the State & that it was too late to correct this error ー But at my request the Honble Mr [Richard] Derby [Jr.] Agent for the State had leave to enter his claim, the time by Law for his doing it being relapsed notwithstanding for I had no disposition that the State should be deprived of its just right in this Vessel neither have I now any disposition to contend if the Council are clearly of the opinion that there ought to be a different disposition of said Ship & Cargo from that given by the Court & Jury I beg your Honors would excuse my troubling you with this matter & believe me to be'with the greatest respect [&c.]

[Endorsed] In Council [Watertown] Sept 13[th] 1776 Read & Committed to David Sewell & Daniel Hopkins Esqrs to take the same under Consideration & Reportー

John Avery Dpy Secy