Robert Treat Paine Papers, Volume 4
I sitt down to make some Mm. respecting the Libels at Pownalborô Court vs. Absentees—1st. with regard to Colemans Claim of the Chops Farm. I wish Mr. Cushing may Undertake for Govt. in that Cause as the C.J. has wrote him to look up his old minutes in that Cause, if he takes up on the other side, I think there will be no propriety in his being possessed of his Brothers minutes, but they should be delivered to Mr. Lithgow, there are in the files of the cause in the S.C. office a No. of papers of Dr. Gardiner
2d. Harnden’s Claim of Lynds Island. I can say nothing abt. & till I know more abt. it can’t consent to give it up.
3d. Lithgows claim of an Island opposite Fort Halifax I wish to have the matter more clearly stated to me. I dont know that it is contained in the Libel
4th. Hallowells claim as stated to me cannot be Supported the Land must be confiscated & at best he ought only to have the Privelidge of Redeeming it as a mortgage
5. Wm. Gardner’s Claim I think had better be tryed separately, the Council have reason to continue it. Some copies are herewith sent to be used if they will do good. If W. Gardiners Claim should be tryed & he offers his Deed, it must be observed that it can’t be given in Evidence till it is recorded, if he shd. record it & offer it, then we say that tho it purports to be dated Decr. 1774 yet it never was in W.G. Possn. till 1778 after even had he any use or benefit of it he went to NYork at which Time his Father could not convey, the Evidence he got to prove that his Father often said he never wd. give him the Land untill he did
settled
6. Whittiers Claim of CWA Land sold for Tax. I don’t know enô abt. I think Mr. Cushing sd. it could be settled, the Land must not be Lost: if there is any difficulty I wish to have it contd.
7. Pages Claim of part of Vassalls Estate must needs be good if his Deed is good, if he will send me an attested Copy of it & it proves good I will
I send a Libel vs. Wm. Bowes filled up saving the bounds of the Land, being as I understand 3200 acres he bot. of Wm. Gardner, those bounds may be obtained there, & if he had other Land put them in.
I also send Blanks for Libells vs. Francis Waldo, & Saml. Waterhouse and his Wife & John Carlton if there be any other I wish them to be copied, & filed with the Court, if there should not be time to get them 228 fixed before the Court sits The Court will give leave to finish them before notification.
I wish to be informed as perticular as may be of the State of the matters after Court. Col. Taylor will come to Worcester S: Ct. by him will be a good oppor.
As one of our expresses is just going, I could not help informing you of our expectations & present state. The British Fleet of 24 Sail of the Line have arrived at the Hook, their views appear to be of very little consequence; formerly there was some prospect, that the Fleet would take under their convoy the British Garrisons from their various post in the United States, but a change of Ministers, probably, will make a change of measures, and that Peace which we had the best reason to believe, was not far of, will not be so easily obtained. Sir Guy has received the July Packet, but it contents I suppose, are of such a nature as will prevent his communicating them. Our Army are now engaged in wood cutting for the Winter Magazine. The French Army will join us next saturday, a few weeks will carry us further down towards New York; by which we shall obtain a greater quantity of forage than at present; what else I cannot say. My best Love to the Family not forgetting my Daughters.
Your Letter1 I received some time since, & should be very happy in your frequent communications, as these are the only means that can keep up a Soldiers spirits in an inactive Campaign.
229From what has publicly appeared, it seems the British Cabinet are distracted with very contradictory sentiments, & what was evidently the modus agendi of the last Administration, is damned by the present, this however, I believe is nothing more than an excuse, in keeping matters suspended, for the events of the Campaign; as the necessities of that Court require an immediate peace. Mr. Grenville2 has undoubtedly acceeded to the absolute Independence of America; which was in June last, and he has never been from Paris since, perhaps the change of Ministry, has only smurthered for a time, a measure, that necessity will oblige the persuit. Don’t let this git into your papers. I have forgot whether I informed you of the Junction of the French Army—they have joined more than a week since, and we have had nothing but parading and reviewing since. Our weather grows cold, I assume you it puts me in mind of a warmer habitation than the present cloath one. Tell Jos. Russell to write me, & that immediately give my Love to him & family. My best Love to Mrs. Paine, family & my Daughters & believe me ever
Not located.
Thomas Grenville (1755–1846), the son of former prime minister George Grenville, was assigned to negotiate the treaty with the United States in early 1782 but was recalled after the death of Lord Rockingham in July (Oxford Dictionary of National Biography).