Watertown April 22 1776 Dear Sir,

I acknowledge the receipt of your Favor of the 3d Instant.1 You must not wonder I have not wrote you more particularly, it is not for want of Inclination; I have not time; I am so constantly engaged either at the General Court or about the ships Building at Newbury Port that I have hardly oppertunity to eat drink or sleep.

The General Court have appointed a Committee to fortify Boston & the Harbour, but General Ward is very slow in his motions. The five Regiments left us by Genl. Washington are not near full and if they were they are not by any means sufficient for the Business of fortifying & defending the Town. I hope the Congress will be so thoroughly impressed with the Importance of this measure that they will afford us some assistance & will direct that Two or Three Regiments more at least may be sent to us & that those already here may be filled up immediately. I hope our Delegates will exert themselves to procure this assistance from the Congress, for we are now as much exposed to the ravages of the Enemy as we were about the time of the Bunker Hill Battle. Our People think it cruel hard, after they have been at such great Expence & they have been so much harrassed that so few men are left for their protection. The Harbor of Boston if properly fortified would make one of the securest upon the Continent & be the best port, I can think of, for a place of Rendezvous for the Continental Fleet. Would it not then be politic for the Congress to attend to this matter. If the Congress would also order Two or three Ships of War to be built in Boston, 197it would find employ for many of the poor Inhabitants & Comfort them under their afflictions. I am satisfied I could find Timber enough as well as meterials sufficient for Equipping them; Cannon we must have from the Southward, & now I have mentioned that Article I hope those taken by Commodore Hopkins will Answer for the ships. If they will I wish Congress would order them to be forwarded immediately, for the Ships will soon be ready. I fear we shall have to wait for Cannon. I am glad to hear you are attentive to this affair. Pray go on & may you prosper. The Cannon at Boston, it is said, may be repaired & made suitable for Batteries. Those belonging to the Castle were left behind, some of them spiked up but most of them with the trunions knocked off. It is thought they may be repaired & fitted for use. The General Court have appointed a Committee Consisting of seven Justices to Convene before them & Examine all such Tories, (who were left in Boston,) as have been Complain’d of as having designs to Act or of having Acted against the Rights of this or the other United Colonies or of having in any measure aided abetted or assisted our Enemies. As soon as the Committee have made any progress in this matter I will give you further information. Master James Lovell with the other Prisoners was carried off by the Troops. The Bells of the Several Churches are left behind as also Considerable of Merchandize. We have found four or five Tons of Sulphur. The records of the Probate office are missing, but those of the Province, of the Superiour Court, of the Common Pleas & sessions are safe as also the records of Deeds.

The Members of the House having been very pressing that the Superiour Bench should be filled up, the Council have appointed Jedidiah Foster2 & James Sullivan3 Esqr. in the room of your self & Mr. Peasly Seagent who declined the Trust, & they have accepted. We are now upon a Fee Bill. The fees are considerably reduced. There is no provision of any Fees in the Bill for the Judges of the Superior Court. The Lawyers do not relish the Bill at all.

But I must Conclude. I am called away. I shall depend upon your being more full & particular in your next. Let me know the Temper of the Congress, what they are about; what think they of Independency? Are the Commissioners arrived? Are you to treat with them & upon what terms? Let me know every thing you Can. I shall depend upon it. I remain with respect your Freind and Servt.,

T. Cushing RTP3198

P.S. Most of the British Fleet & army are arrived at Hallifax. The Tories find miserable quarters there.

RC ; internal address: “Honble. R. T. Pain Esqr.”; endorsed.

1.

Not located.

2.

Jedediah Foster (1726–1779) graduated from Harvard in 1744 and represented Brookfield in the Massachusetts House of Representatives, Provincial Congress, and the Council. Although a justice of the peace since 1754, Foster had little experience for the position of associate justice of the Superior Court to which he was appointed in 1776 but served the court capably. He died of fever on Oct. 17, 1779 ( Sibley’s Harvard Graduates , 11:395–398).

3.

James Sullivan (1744–1808) was a lawyer from York County, Maine. He served in the Massachusetts Provincial Congress in 1774 and 1775, and in the Massachusetts General Court in 1775 and 1776. In January 1776, Sullivan accepted the position as associate justice of the Superior Court and served until February 1782 when he returned to private practice. In 1790 he succeeded RTP as attorney general, continuing in that post until his election as the Democratic-Republican governor of Massachusetts in 1807. He died while in office ( DAB ).