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Robert Treat Paine Papers, Volume 4

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To Caleb Strong

5 February 1781

From Sally Cobb Paine

27 February 1781
145
Committee for Revising the Laws
* RTP
February 20–21, 1781 1

Arrangement of the Business assigned the members of the Committee for revising the Laws

Mr. Bowdoin—

I. Militia Laws & Military Œconomy

To include

as well those Laws which more immediately relate thereto as also those which relate to

Deserters & false muster Rolls— Perpetual
Castles & Forts— Temporary
Soldiers exempt from Arrests for Smal Debts } New Laws
Prisoners taken by Armed Vessels & prisoners of war
Desertion of Soldiers, embezzeling Cloaths &c
Towns enabled to raise money for the war
Dangerous Persons restrained
Post officers exempt from military Duty
Deserters from the forces of our Allies

II. Proprietors, Tenants in Common &c, of Lands Mills or other Estates. See Judge Sewalls III Article

to include &c

Proprietors in Common to tax & have Treasurers } Perpl.
Records of Lands bro’t to severalty
General Fields laws relating to them } Temp.
Proprietors of Meeting Houses

III. Regulation & Encouragement of Manufactures & Agriculture to include &c

Increase of Sheep & Goats— Temp
IV. Stiles Dates &c— See Act of Parl altering Stile V. Harvard Colledge American Academy & Phillips Academy
Judge Cushing—

I. Support of Publick worship Schools oaths Marriages, divorce, records of Births & Deaths

to include &c

Propagating Xn. knowledge among the Indians } Perpetual
Law relating to Jesuits & Popish Priests
third Article Bill of Rights
Act 4&5. Wm & M Ch 20
Schools in Temp. Laws
146

II. Naval Officers, Customs, Imposts, Duties imports & exports

to include

Regulation of Seamen } Perpetual
Exportation of Hides &c Horses &c
Preservation of Naval Stores
Naval Office establishment of &c } New
Exportation of Masts & spars
Mar[ene?] of this State, to increase,
Articles not to be exported (expired)
Judge Sergeant—

I. Town, county & parish & precinct police under which is to be placed the regulation of tradesmen, inhabitancy, paupers, sick strangers, & town officers of every denomination, Pounds whiping Posts & Stocks.

The particular & separate police of Boston & some other Seaports with their Harbours

to include &c

Building with Brick &c in Boston &c page 1
Poor, Rogues, Vagabonds &c—page 99 } Perpetual
keeping watches in Towns
Infectious Sicknesses, Hospitals.
Powder Houses, Light Houses, Work Houses
Fire preservation from
firing Guns on Boston Neck
Persons coming to Settle in this State
Poor Children
Firing Guns in Boston } Temp
Hospital at Rainsford Island
To prevent fires in Salem &c
Innocucaling Hospitals. } New
Townships Town Officers & their powers
Powder House in Boston

II. The Personal Rights of the Subject against Banishment &c

to include &c

Servants Negroes & Molattos } Perpetual
Marriages with Negroes &c
Priviledges of Subjects of the King of France— New.

III. Laws relating to Preservation of Deer

147
Judge Sewall—

I The Inheritance, distribution & partition of Estates, conveyances of the Same, Probate Court proceedings, Legacies, Frauds, Perjuries so far as they affect the Realty, Dower, Authority & Duty of Executors, Administrators & Guardians—The Remedies for & against each

to include &c

Registering Deeds & the operation of Reading
Idiots & Distracted Persons } Perpetual
Making lands liable to payment of Debts
Posthumous Children
Partition of Lands— Temp.
Idiots & Distracted Persons } New
Confiscation Bills

II. All Actions quitam2 and all Statues giving an agrieved Party an Action or remedy, for a wrong in excessive usury &c trespass &c

to include &c

Nusances, Slaughter houses & cruelty to Brute Beasts } Perpetual
Hawkers Pedlars &c
Monopoly & Forestalling— New

III. Taxes & collecting them—to include &c

Return of Treasurers Executions— Perpl.
Taxes in places not incorporated Temp 151
New Plant impowered to raise money
See Mr. Bowdoins II Article
Judge Sullivan—

I. Establishments of all Courts and the proceedings of the same (except probate Courts) Bail Executions, Jurors, County Civil Officers, of every denomination except Registers of Deeds Affidavits, witnesses, chancery Lawsuits, prisons, prisoners,

to include

Bounds of Counties—Sheriffs Accounts Attornies } Perpetual
Dukes County & Nantucket Courts
Executive officers of others States to pass thro this
Courts to adjourn to aboid small pox &c
Incumbrances about the Court house
Records of the Courts of Justice
Offenders escaping from one State to another
Actions to be bro’t on Judgements recovered in other States
Two Justices may adjourn in case &c pages 55. 339
act 4. 5 W & M Ch. 20
148
Prevention of unnecessary Law suits } Temp.
Jury to view in certain Cases
Prisoners for Debt—Frauds in Debtors
Bankrupts
Maritime courts & laws relating to Armed Vessels— } New
Limitation of Personal Actions
Laws relating to Absentees Estates
Persons obliged to give Evidence in other states
Taking affidavits out of Court } New
Chusing County Treasurers in Certain Cases
Appeals to Congress in Maritime matters
Courts for trying Felonies done on the high Seas

II. All Assizes & Weights & measures—to include &c

Assize of casks packing fish beef &c tar &c } Perpetual
Regulating & encouraging fishery
Assize of Boards &c Shingles &c Bricks &c
Making & Measuring Malt
To prevent fraud in cord wood
Assize of Bread.
Sealers of Weights & Measures
Assize & Gage of Casks packing fish &c } Temp.
Pot: Ash & Pearl Ash—assaying
cord-wood—Assize of Shingles &c
Fire Wood & Bark to be measured— New
III. Wolves—Government of Indians—Commissioners of Sewers Distilling Rum Leaden heads &c— Intemperance &c } Perp.
Unnecessary Petitions to Genl. court—Funerals—Pine trees } Temp.
unruly Dogs—wild fowl— Disturbance to Genl. Court—
Stage plays— Trade with the Indians—Bankrupt Laws
Oaths of Office & Allegiance—Tests—disaffected persons } New
Speedy recovery of Debt—Distilling Spirits from Corn vendues—exclusion Bill—withholding necessaries & refusing paper money—Soldiers Depreciation Notes—
Indemnifying Bill
Attory. Genl.—

I. The System of Criminal Law, and punishment of all offences criminalliter whether the same are mala in se or mala prohibita3

149

to include &c.

Counterfieting Money—Gaming—Observation of the Lord’s Day—Disorders by night—prohibition of Lotteries } Perp.
Bribery &c—Riding with Naked Scyths—Duelling &c
Gaming—Counterfieting money—profane swearing &c } Temp
Incendary Letters—Riots &c—firing woods
Forging Bills of Credit—Loan Certificates & Lottery tickets } New
crimes against the Publick Safety—Treason

II. Fish—fisheries, waifs, Strays & Treasure Trove

to prevent the destruction of oysters— Temp.

Sec: 4 & 5 Wm. & M. Ch. 20—And 1 & 2 Ann. Ch. 5

Mr. Pickering—

I. Streets, Highways, Private ways & repairs.

II. Fences, Cattle, Swine, Sheep, pounds, replevins & rescous

Regulation of Swine— Temp.

III. Ferries & Bridges not maintained by particular Towns

IV. Value of Coin & Oeconomy of Paper money

To include all the New laws relating to the Emissions of money, Loans, &c

Let Judge Sullivan & Mr. Paine consult together that they may not interfere respecting the fishery

And Judge Sergeant & Judge Sullivan about Sealers of Weights & Measures as far as they are considered as Town Officers.

MS (unidentified handwriting). Several shorter versions of this list (in the same handwriting), particularly those portions assigned to RTP and James Sullivan, are also in the Paine Papers.

1.

See Extract from the Minutes of the Massachusetts House of Representatives, Nov. 29, 1780 (above), which includes an initial breakdown of the work needed. James Bowdoin wrote to William Cushing conveying the same information and suggesting a meeting of the committee when the Supreme Judicial Court held its Boston session in Feb. 1781 to be followed by dinner at his home the next day (Bowdoin to Cushing, Dec. 22, 1780. William Cushing Papers, MHS). RTP noted in his diary that the Supreme Judicial Court met in Boston on Feb. 20, 1781, followed by dinner at the sheriff’s home. The next day he noted “dind Mr. Bowdoins” with no reference to a committee meeting.

2.

A qui tam action refers to cases which give private parties the right to file a lawsuit on behalf of the government and receive a portion of what is recovered.

3.

“Evil in itself” and “prohibited evil.”