Robert Treat Paine Papers, Volume 2
I Recd. yours by Uncle Jonathan what was inclosed for Amelia1, but being indisposed I have not been to present the Same to the fair one as yet, & so I am not capable of informing you of any thing relating to her, & as to the Widows Cause it is adjourned without Day, & I expect to hear quickly that you was the Cause, for immediately upon your departure it was currently reported that you visited her & waited upon her to the famous frolick & I suppose it is universally believed thô every one knows to the contrary.
A few Questions that occurr I hear Send for your Consideretion
Qu. If the Select Men give a Constable a warrant without a Seal can a Constable by virtue of that warrant distrain for his Rates. Won't that warrant be looked upon insufficient? and if it is an insufficient warrant is not the Constable excused from Collecting the Rates of those who did not pay within the year, by reason of his not being legally qualified to distrain upon those who refused to pay; & if he is not excused & the warrant insufficient, by who shall that warrant be mended, now his year is elapsed.
Qu. Suppose A gives his Note to B. or order. B. Indorses it by writing his name on the Note to C. C. sells it to D. but don't indorse it. Now can D. Sue that Note & declare that B. indorsed it to him, or must he be obliged to declare that the Note was indorsed to C. & C. indorsed it to D. Send an Answer of the first Question by my Brother if you can conveniently
O Robert! When I consider my Situation in Life, I cannot but look upon myself as one of the most miserable, by being (as it were) banished the Presence of those whose Company and Conversation have a tendency to enlarge the Mind, but as you are blessed with these Priviledges, I hope you will be Sensible of your felicity & at the same time Commeserate the unfortunate Condition of your Friend by informing him of everything curious that comes within your Cognizance whether Legal or Political. If you can possibly make it in your way to come to Lancaster & tary as you talked of, do. I am your Friend &c.
P.S. In your answer to my Query in your last, you said the Sale of the14 Place could not be advertized before Possession, which if you are sure as to that Point I should be glad you would advertize it in the next Mondays Paper, for we will have Possession of it by that time, & if it is not necessary to be in the actual Possession at the time I should be glad you would advertize it next Thursday. The Place Contains Ninety Acres a House & Barn & a good Orchard, Scituated in Lunenburgh the Sale to be at Capt. James Reads of Lunenburgh on the first Thursday of April next at one oClock. The Conditions of Sale you will put in as will be most safe for me
write me just as you shall put in the paper, so as I may advertize it here.2
Unidentified.
The advertisement appeared in The Boston Gazette, Monday, Mar. 14.
The Circumstances of our family will not allow of my coming to Boston very suddenly and therefore should be glad of a Little of your Assistance. I could do very well wth. Hhd. Molass., Bb Sugar abt. £18 pr. Ct. Bb Flour & 1/2 doz. Tea. I am Certain I could Vend them soon as Mrs. Ellery1 is Just going to remove & I find my Custom Increase. I would venture to run in debt for them and dare promiss Ten pounds per Week. Jona. Williams sells all the above Articles & should be glad you would Inquire of him whether it would suit him to Supply me upon terms above. Pray Lett me know whether Sprague has got the money for me or not. Thus for Business. As to family affairs Sister Eunice is much Better But yr. poor Father declines apace a new disorder which he has I fear will soon him to his grave. May God almighty fit him for his Change. I believe you must come down, there seems to be a Necessity for a Consultation about his Interment & the Circumstances of his funeral. I much fear he will make his Exit 'ere this reach you therefore should be glad to see you tomorrow & am &c.
Not identified. A member of the large family of prominent Gloucester merchants may be intended. See Harrison Ellery, Pedigree of Ellery, of the United States of America. Broadside. Boston, 1881.