Robert Treat Paine Papers, Volume 2
Inclosd. I1 send you a Note on Elisha Brewster, Who Stands Sued to the June Court at Plymo. and if you will be so good as to Carry thro' the action for me (as I Cannot Very well come) I shoud be Very glad, and I think you have from Majr. Doane a Power of Attor. which If you have not and any Dispute arises I have Inclosd a Substitution to Pelham Winslow.2 Your Very H. St.,
PS: please to ask Winslow Pelham for the Note. I have Inclosed it to him. I shoud be glad when the Court arises if you woud write me a Line whether Brewster action is appealed or not.
Shearjashub Bourne (1746–1806) graduated from Harvard in 1764, was admitted to practice at the Superior Court in 1767 and as a barrister in 1772. He settled at Barnstable, later served two terms in the Federal House of Representatives, and was appointed chief justice of the Court of Common Pleas of Suffolk Count in 1801. He became a good friend of RTP (Sibley's Harvard Graduates, 16:20–23).
RTP represented Elisha Doane of Wellfleet in his case against Isaac Brewster of Kingston (represented by James Hovey) over trespass on a note, originally payable to James Warren but endorsed to Doane. The court awarded a judgment of damages and costs to the plaintiff in the July 1768 term of the Plymouth Court of Common Pleas. The defendant appealed the judgment, but there is no further record of the case (Plymouth Court Records, 8:264).
Pelham Winslow (1737–1783) graduated from Harvard in 1753 and studied law with James Otis, Jr. Admitted to practice before the Superior Court in 1764 and as a barrister in 1767, Winslow prac-431ticed law in Plymouth. During the Revolution he served as a major in the British Army and became a loyalist refugee (Law in Colonial Mass., p. 357).
I recd. your favor of 26th.1 respecting Mr. Adam's affair.2 As the Gentleman to whom the money is due is upon the spot I did not think myself at Liberty to take the step you mention without his Consent. I therefore shewed him yr. Letter. He gave me for answer That the affair had been depending three or four years. That Indulgence upon Indulgence had been granted: & That he could not especially as he was acting for other people consent to any further Delay, as it might be at the Hazzard of the Debt & he must take that Hazzard upon himself if he did it. The Only way therefore is for the officer to do his Duty, & if Mr. Adams can Settle the Matter with him so that he can return the Excn. Satisfied. I can have nothing to Object, but the officer must in that Case take Care to have the Money ready when Called for & he must expect this will be in very Short Time, a few weeks at furthest. I am Sr your very humble Servt.
Not located.
Action not further identified.
| Suffolk | ||
| B | { | honble. James Otis Esq. |
| honble. Thomas Cushing Esq. | ||
| Mr. Saml. Adams | ||
| John Hancock Esq. | ||
| Roxbury | Jos. Williams Esq. | |
| Capt. Jos. Mayo | ||
| Dorchester | Mr. Saml. Howe | |
| 432 | ||
| Milton | Jazaniah Tucker | |
| Braintree | Josh. Quincy Esq. | |
| Ebenr. Thayer | ||
| Weymo. | Majr. James Humphrey | |
| Dr. Cotton Tufts Esq. | ||
| Hingham | Josua Hearsay | |
| Deadham | Nat. Sumner Esq. | |
| Medfield | Mr. Seth Clark | |
| Woodward | ||
| Wrentham | Jabez Fisher | |
| Brookline | Capt Ben. White | |
| Stough |
Mr. Hezh. Gay | |
| Stough |
Mr. Job Smith | |
| Medway | Capt. Jona. Adams | |
| Needham | Amos Fuller Esq. | |
| Josh. Newall Esq. | ||
| Walpool |
Joshua Clap Esq. | |
| Chelsea | Mr. Thos. Prat |
| Essex | ||
| Danvers | D |
|
| Ipswich | Capt. Michl. Farley | |
| Newbury | Joseph Gerrish | |
| Newbury Port | Benja. Greenleaf Esq. | |
| Lynn | Ebr. Burrill | |
| Andover | Saml. Philips Esq. | |
| Beverly | Capt. Henry Herrick | |
| Rowley | Humphrey Hobson Esq. | |
| Salsbury | Capt. Nat. Currier | |
| Haverhill | Mr. Saml. Batchelor | |
| Glocester | Thos. Sanders Esq. | |
| Capt. Peter Coffin | ||
| Boxford | Aaron Wood Esq. | |
| Bradford | Benja. Millikin Esq. | |
| Wenham | Benja. Fairfield | |
| Topsfield | Capt. Saml. Smith |
| Middlesex | ||
| 433 | ||
| Charlstown | Edward Sheaf Esq. | |
| Watertown | John Remington | |
| Wooburn | D |
|
| Oliver Richardson | ||
| Concord | James Barret | |
| Newton | Capt. Abrm. Fuller | |
| Reading | John Temple | |
| Marborô | Mr. Saml. Witt | |
| Billerica | Wm. Stickney Esq. | |
| Framingham | Thos. Temple | |
| Lexinton | Wm Reed Esq. | |
| Chelmford | Sampson Stoddard Esq. | |
| Sudbury | Thos. Plympton | |
| Malden | Capt. Ebenr. Harnden | |
| Medford | Capt. Jos. Mellen | |
| Westford | Jonas Prescot | |
| Pepperell | Wm. Prescot Esq. | |
| Stow | Henry Gardner Esq. | |
| Wilmington | Paul Cook | |
| Townsend & Asby | Amos Whitney | |
| Acton | Capt. Danl. Fletcher | |
| Holliston | Timo. Rockwood | |
| Sherburne | Jona. Russel | |
| Littleton | Wm. Shattuck |
| Hampshire | ||
| Colrain | James Stewart junr. |
| Worcester | ||
| Lancaster | Capt. Asa Whetcomb | |
| Leicester | } | |
| Spencer | Capt. John Brown | |
| Paxton | ||
| Westborô | Capt. Step. Maynard | |
| Sutton | Capt. Henry King | |
| Shrewsbury | Artemas Ward Esq. | |
| Lunenburgh & | } | Edward Hartwel Esq. |
| Fitchburg | ||
| 434 | ||
| Harvard | Capt. Israel Taylor | |
| Bolton | John Whitcomb Esq. | |
| Westminster | Henry Alden | |
| Northborough | Jona. Livermore | |
| Petersham | Theop. Chandler | |
| New Braintree | James Wood | |
| Grafton | Ephm. Sherman |
| Plymouth | ||
| James Warren | ||
| Plymo. | Thos. Mahew } Esq. | |
| Scituate | Jos. Tolman | |
| Duxbury | Capt. John Wadsworth | |
| Middleborô | Capt. Eb. Sprout | |
| Benja. White | ||
| Rochester | Saml. Sprague | |
| Plymton | Capt. John Bradford | |
| Pembroke | John Turner | |
| Kingston | Wm. Sever Esq. | |
| Hannover | Capt. Jos. Cushing | |
| Abington | Capt. Woodb. Brown | |
| Hallifax | Noah Cushing | |
| Wareham | Dr. Andrew McKay |
| Barnstable | ||
| Falmouth | Capt. Jos. Robinson | |
| Wellfleet | Elisha Doan Esq. |
| Bristol | ||
| Taunton | James Williams, Esq. | |
| R. T. Paine Esq. | ||
| Rehoboth | Capt. James Clay | |
| Mr. Syl. Martin | ||
| Swaney | Jerathmel Bowers Esq. | |
| Dartmo. | Walter Spooner | |
| Attleboro | Ebenezer Lane | |
| Dighton | El |
|
| Berkly | Majr. Jam. French | |
| Raynham | Zeph. Leonard Esq. | |
| Norton | Majr. Thos. Morey | |
| 435 | ||
| Dr. Geo. Wheaton |
| York | ||
| Biddeford | Jereh. Hill | |
| Pepperelboro | ||
| Arundel | James Burnham | |
| Scarborô | Edwd. Millikin Esq. | |
| Gorham | Solomon Lombard, Esq. | |
| Berwick | Shadburn Esq. |
|
| Kittery | Amory |
| Cumberland | ||
| No. Yarmo |
John Lewis |
The refusal of the Massachusetts House of Representatives to rescind the Circular Letter of Feb. 11, 1768, which had been sent to all colonial assemblies to inform them of the ill effects expected of the Townshend Acts of 1767, resulted in Governor Bernard's dissolving the General Court. This action together with news that British troops were on their way to Boston plus other grievances led the Boston selectmen to send a call to the province's towns to send delegates to a convention to be held at Faneuil Hall on Sept. 22, 1768. RTP noted in his diary that on Sept. 21 he and James Williams were chosen to represent Taunton at the convention and were duly present on the following day. He probably made his hasty listing of delegates present at that time. While the measures taken at the convention were moderate, Richard D. Brown points out that "The royal government had small reason for comfort when the great majority of politically active towns demonstrated their readiness to defy the governor by asserting the right to convene at will" ("The Massachusetts Convention of Towns, 1768," William and Mary Quarterly, 3d ser., 26[1969]: 102).
Brown prints a slightly amended version of this list in his article (pp. 103–104). He notes that RTP mistakenly placed several Maine towns in the wrong counties, and from town records added further delegates from Brimfield, Brunswick, Cambridge, Cape Elizabeth, Falmouth [Cumberland County], Leicester, and Montague. However, "Even if these 7 are added to Paine's list, 2 are still missing since the final proceeding of the convention reported 96 towns and 8 districts represented, whereas this list only includes 102 towns and districts."