At a Council held at Philadelphia, on Thursday, 16th February, 1775: Present the Honourable John Penn, Esquire, Governor, &c., William Logan, James Tilghman, Benjamin Chew, and Edward Shippen, Junior, Esquires.
The Governor acquainted the Board that ---- Waterhouse, Inspector of his Majesty's Customs, had represented to him that one of the Magistrates and the Sheriff of the County of Chester, had refused their Aid and Assistance to the Custom House Officers of this Port, in preventing the rescue of a seizure lately made by them in the River Delaware, of the Schooner Isabella, John Ritchey, Master, with contraband Goods from Dunkirk, and had requested his Honour would call these civil Officers to an Account for neglect of Duty, and likewise issue a Proclamation on the occasion; and as a foundation for such Complaint, Mr. Waterhouse had put into his Honour's Hands, the Copy of a Letter from Francis Welch, a Tide Surveyor for this Port to the Custom House Officers, which was laid before the Board, and follows in these words, viz:
[Here is inserted Francis Welsh's letter of February 8, 1775]
Copy of a Register "Schooner Isabella, John Ritchey, Master, 30 Tons, built at Boston, 1773. David Campbell sole owner, dated London, October 6, 1774. "
The Governor having thereupon desired the Opinion and advice of the Board, the Council, on due consideration of the Matter, gave it as their opinion that the River Delaware not being included within the body of any County of this Province, The Jurisdiction of the County of Chester does not extend into the River Delaware, and consequently that the Magistrates and Sheriff of that County could not legally afford them any such Assistance as was required of them, and that, therefore, it would be improper to call those Magistrates and Sheriff to Account for any Misbehaviour; and further, that as the Vessel and her Crew were gone to Sea, the issuing of any Proclamation upon this Occasion would be useless and improper.