Robert Treat Paine Papers, Volume 4
Honorable Sir, Inclosed are descriptions of the Estates of Seth & Thos. Perry, Thomas Bumpus, and Ephraim Ellis Junr. late of Sandwich Absentees, taken by Mr. Ellis the bearer by my Desire, to whom I refer you for further particulars.
These Estates are all insolvent & will bear to pay not more than 10 or 12/ on the Pound; I am appointed to sell such Estates in this County and wish you to send Complts. Libels or whatever they are called by the bearer that they may be fild at our April Court in order that the sale & distribution may take place assoon as may be as I fear the Dogs will some how be permitted to return else, besides the Creditors suffer for want of their Dues.
There is another small Estate consisting only of a House & House Lot lying in Harwich belonging to Seth Bangs1 Absentee from thence, but have not yet got a particular description—as it is trifling, if this description will answer—or a blank be left for me to fill up which I shall have in a few Days I shd. be Glad it might be Libeled also. I beg your attention to this matter so as to return an answer by Mr. Ellis. I want much to receive a Line from you with some General account of the Res Publicæ, and your opinion of the present State of the Politicks of Europe. Shall we have another Campaign?—or is peace likely to be effected suddenly? How stands the report of a naval engagement in the Channel?
I see the Papers announce Judge Sullivan Member of Congress, by which I am apprehensive He hath resignd his seat in the Supm. Judl. Court.2 How happend this, & who succeeds? And shall we have the pleasure of waiting on the Atty. General in this county in May next? What think you of a new revolution? it is talkd. of this way I am told among the disaffected and those fainting under what they call the intollerable oppressive Burthen of the Taxes &c: Berkshire (tis said) have revolted at least have stopt the Courts by 500 people rais
Mr. Ellis the bearer, I most sincerely recommend to your compassion, an unfortunate frolick with two irishmen hath exposed him to an indictment for a Theft, of which I believe him innocent.3 If it is not improper I wish you to hear his account of the matter, and if it be Consistent with your Duty & fidelity to the Comth. (which I shd. assoon think of laying seige to Gibralter as to attack) I shd. be Glad He might be taken as an Evidence. No person ever suspected Mr. Ellis of such a thing before. He hath been an officer in the service & a friend to the Country, and there fore worthy of attention to at least.
I ask your Pardon Sir I wont write another word, save to tell you I am with the Highest respect & Esteem
Seth Bangs (1738–1808), a mariner of Harwich, was proscribed and banished in 1778. He settled in Lunenburg County, N.S., where he received a land grant at Chester in 1788 (Marion Gilroy, comp., Loyalists and Land Settlement in Nova Scotia [1937; Halifax, 1988], 67).
James Sullivan accepted his election but did not attend Congress. He did, however, step down from his role as associate justice to resume his private law practice. As RTP wrote in his diary: “Judge Sullivan left Bench & appeared at the Barr” (Feb. 20, 1782).
Malachi Ellis, gentleman, and Mott Brian, shopkeeper, both of Sandwich, were indicted on a charge of theft at the May 1782 session of the Supreme Judicial Court at Barnstable. RTP was absent from that court, and Shearjashub Bourne acted on behalf of the Commonwealth. Ellis was not prosecuted in this case, and Brian was tried but found not guilty (Supreme Judicial Court Minute Books, Barnstable County, May 1782. Massachusetts Judicial Archives, Boston, Mass.).