Sir
I find Mr [William] Creed is about to make application to Councill for the Delivery of the Brigg Betsey, & Therefore pray Leave to Inform You that after the Tryall in the Maritime Court at Salem I had Determined not to Trouble my self any further about her, as there Did not appear to me on Tryall there was the Least probability of her being Condemned, but as the Captors were Clamorous & Noisy I Enterd my appeall, with an Intention to prosecute it further at the Supreme Court, but I assure you I have not the most Distant apprehension of Succeeding, it will be an Expence of about £40 — the board will Act their pleasure I am Sir [&c.]
To The Honble Mr Dana Watertown
[Endorsed] In Council Novr 8th 1776 —
Whereas there appears no prospect that the Brig Betsy with her Cargo or her Appurtenances lately taken By a Vessell belonging to this State 2 claimed by Mr. Creed & others and has been acquitted in a Tryal in the Maritime Court at Salem will be condemned on the Tryal on the Appeal, to the Sup[reme] Court, Therefore ordered that the agent for the middle district of this State, Be and he hereby is directed, not to enter or prosecute the said appeal so far as Respects the Interest of this State and He Signify to the Captors, or such as represent them, That if they are determind and Will prosecute the said appeal, so far as the Captors are Interested — they must do it entirely at their own Expence
Read & Accepted
John Avery Dpy Secy