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Robert Treat Paine Papers, Volume 2

From Richard Smith
Smith, Richard RTP
Philaa. April 3d. 1765 Respectd. Friend R.T. Pain Esq;

I Reced. thine of Decemb. 28. 17641but yesterday & that by mere Accident Being Left by some Person (att a Tavern) who had been all Winter in Virginia, therefore Could not Answer it Before, the Orders I Reced. from Nathl. White I transmited to thee were the Verry order letter he Gave me himself for Insuring the Vessell & goods. I Believe he Wrote It himself for he first Desir'd me Insure Verbally but I told him he had Better put Down in Writing what he would have done on the Vessell & what on the Goods, he went away, and Brought me that Verry Writing I sent thee, & is the only order I had & what was looked on Sufficient Among Merchts. had I had any Suspicion it would have been Questiond as Aunthentick shod. have taken Care to had it Evidenced wch. by the Way Would have been Verry Odd for a letter.

I now Transmitt the Original Pollicys as I Paid for the Insurance Done & Beg thy Care of them, I think no Person Would have Suspected any fraud or Design in what I have Sent Unless they have Been Guilty of fraud themselves, And Wonder (Inter nos) the Judge Could not have Appointed men in this affair of an Unsullied Reputation. I Believe such Usage as I've Mett with from ungratefull People in a Country I've Ever Admir'd will make me hate Even the name thereof. I am with much Esteem thy Freind.


P.S. (The vessel Just going Cant add)


RC ; addressed: "To Robert Treat Paine, Esqr. In Taunton N.E"; endorsed.


Not located.

To Reverend Caleb Upham
RTP Upham, Rev. Caleb
Barnstable April 5th. 1765. Revd. Sr.,1

I take the liberty tho a Stranger to you to Advertize you that I am apply'd to in the way of my Profession to procure Justice for a Towns Man & Church officer of yours, which I am loath to do in Any Manner that may disturb the peace of either Church or Town. Barnabas Paine Esqr.2 is the person who thinks himself grievously & intollerably injured by the slanderous aspersions of one Elizh. Ridley of yr. Town, & by looking into his affair it appears to me that these Slanders are stirred up & promoted by some Overbearing Persons who have taken a prejudice against Esqr. Paine for his differing from him in some points of regulating Divine Worship; I don't collect this from his Story, but from the Complexion of some Evidences I have before me, I therefore from a regard to the Peace aforsd. as well as to the good Name of my Client have advised him first to Apply for relief to the Church, hoping that same Spirit of Devotion, & Godliness which induces them to refine & improve in public Divine Worship will also induce them to treat their Neighbours & Brethren who differ in Judgment from them in the Way of that Charity without which all other things are vain; And I trust you will not take this intimation Amiss, as I mean Nothing More by it, than that you Should So far as you think right, Stear this Matter in such a manner that the happiness of Church Town & private Charecter may be preserved. I assure you Sr. I am very loath to bring forward an action which I think will make so much disturbance in the Town, but you are sensible the Law is the Common Protector of Church & State & to which every one that is injured has a right to apply. If you by yr. influence in yr. Town can cause this matter to be Settled in a manner consistent with the Charecter of Esqr. Paine & the Peace of the Town, you'll doubtless do a great service to both, & I Shall Not grieve the Loss of a fee for prosecuting the matter in the Course of Law. I am Sr. with great respect Yr. Most hble. Servt.,


RC ; addressed: "To The Revd. Caleb Upham"; endorsed: "Barnstable April 1765 Letter to the pastor of the Church in behalf of Barnabas Paine Esqr." Part of the address leaf missing.

329 1.

Caleb Upham (1724–1786) served as minister of the First Congregational Church of Truro, Mass., 1755–1784 (Sibley's Harvard Graduates, 11:481–484).


Barnabas Paine (1705–1768), a first cousin of RTP's father, was active in Truro town affairs, serving at various times as selectman, representative, town clerk, and deacon of the First Church. The quarrel between Elizabeth Ridley and Paine seems to have arise over differences on certain points relating to the regulation of church worship (Paine Family Records, 2:46–47, 4:87).