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Robert Treat Paine Papers, Volume 4

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From Eleazar Porter

20 November 1780

From Sally Cobb Paine

139
Extract from the Minutes of the Massachusetts House of Representatives
Massachusetts House of Representatives Avery, John RTP
Commonwealth of Massachusetts In the House of Representatives November 29th: 1780.

Resolved, That the following be the Commission of the Committee appointed to revise the Laws Vizt:

To the honble. James Bowdoin, Wm. Cushing, Nathl. Peaseley Sergeant, David Sewall, James Sullivan, Robt. Treat Paine & John Pickering Esqrs. Gentlemen,

Inasmuch as at the Commencement of the Constitution of Government in this Commonwealth, it was thought necessary to have a Revision & Republication of the Laws of the same: The Legislature thereof, reposing special Confidence in your Abilities, Integrity, Experience, & Knowledge of the Genius of the people, who are to be Governed by the same, have on the 27th of this Instant, by Ballot appointed you to this service

And hereby request that you would, as soon as may be, enter upon the Revision of all Acts & Laws which have, heretofore been in use & practised in this Commonwealth: that you would select, abridge, alter, digest, & Methodize the same so as to make them Consistent with the Constitution, and intelligible to the common people: that you would frame such other Acts & Laws as you shall think necessary to the good Government & Happiness of this Commonwealth: & also such Modes of proceeding in Courts of Justice, & such blank Forms of all processes as you shall judge useful and best to be known & Observed. And report to the General Court as soon as may be.

Sent up for Concurrence

Caleb Davis1 Spkr.
In Senate Novemr: 30th: 1780

Read & Concurred

Jer. Powell Presidt: Approved John Hancock True Copy Attest John Avery Secy.
140
Boston December 22d: 1780 Sir,

I have lately received from the Secretary the General Courts commission for revising the Laws of the Government &c. of which Commission the foregoing is a Copy—As the Superior Court will sit in Boston in February, And it may be inconvenient at this Season of the Year for the Commissioners to meet before, I would propose a Meeting in the Afternoon and Evening of the first day of the Courts Sitting vizt: on the 20th: of February being the 3d: Tuesday: when I should be glad to have the pleasure of Seeing them at my House: and beg the favour they will Dine with me the next day. In the mean while that no time may be lost, I beg leave to propose that the first Business should be the revision of the Perpetual Laws: and that each of the Commissioners should revise an equal part of the Law Book. On this plan, which may answer some purpose till the Commissioners shall meet, the Division below is formed: excluding out of it all Laws relative to the distribution of Estates, and to the Probate, which I am told Judge Sewall has already brought into one View. Whatever Laws there are throughout the Law Book, that have been made in addition to the Laws contained in the first Division, are for the present to be considered as belonging to that Division: and the Laws which have been made additional to those in the Second Division as belonging to that Division: and so of the rest. Please to favour me with a line that I may know you have received the Copy of the Commission. I have the Honour to be very respectfully

Sr: Your most Obedt. Humble Servt:
Division. Page of the Editn. of 1759
1 1–93 ending wth: 14th. ch. Intitld. An Act for Establishing of an Oath &c. Judge Cushing
2 93–183 3d. ch. for preservg. the Harb. of Cape Cod Judge Serjeant
3 183–276 6th. ch. in adn. for regulatg: Townships Judge Sewall
4 276–364 2d. ch. in adn. directg. how Meetings &c. Judge Sullivan
5 364–456 11 ch. for Setting of the Inhabitants &c. Mr. Bowdoin
6 456–546 Mr. Paine
7 546 to the end of the perpetual Law Book Mr. Pickering2
141

DS ; internal address: “Honble: Robert Treat Paine Esqr.”

1.

Caleb Davis (1738–1797) was a Boston merchant who served in the state legislature from 1776 to 1781 and was Speaker for the 1780–1781 session. In 1793 he was director for the Boston branch of the United States Bank (Roberts, History of the Military Company of Massachusetts, 2:203).

2.

See Committee for Revising the Laws, Feb. 20–21, 1781? (below).