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Robert Treat Paine Papers, Volume 3

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From Meshech Weare

11 October 1777

From Abigail Greenleaf

22 October 1777
From William Wetmore
Wetmore, William RTP
Sir, Salem 20 Octr. 1777

The owners of the privateer Dolphin, of this place, desire me to ask your assistance in a marite. cause, wch. will be tried on appeal at the next Supr. Court for the Middle District, wherein Saml. Williams1 as Agent is libellant & E.H. Derby,2 Claimnt. of the Schooner polly &c. If you are not already engaged, and it will consist with your business and inclination, I shall feel my self not a little strengthened, by your undertaking for my Clients. I hope to see you at Boston this week, when I can be more particular.3 In the mean time I am Sir, your Obt. & most H. Servt.

W. Wetmore

RC ; addressed: “The Honble. Robt. T. Paine Esqr. Boston”; endorsed.

1.

Capt. Samuel Williams was agent for the Salem-owned privateer schooner Dolphin, Capt. John Leach (Collections of the Massachusetts Historical Society, 77:116–117).

2.

Elias Hasket Derby (1739–1799) of the Salem merchant family developed one of the most successful privateering businesses. By the end of the Revolution he owned a quarter of all Salem’s shipping tonnage and was one of the richest men in the country (Richard H. McKey, Jr., “Elias Haskett Derby and the American Revolution,” Essex Institute Historical Collections 97[1961]:166–196).

404 3.

RTP and John Lowell (1743–1802) represented Derby while Theophilus Parsons (1750–1813) and Perez Morton (1751–1837) represented Williams et al. in the case when it went before the Superior Court of Judicature at Boston in August 1777. The jury found that the evidence did not support the causes of forfeiture set forth in the libel and ordered that the vessel “with her appurtenances & Cargo” be restored to Derby as claimant. Williams et al. claimed an appeal to Congress on the decision, but the court did not allow it to progress any further (SCJ Minute Book).