Robert Treat Paine Papers, Volume 2
I take the liberty tho a Stranger to you to Advertize you that I am apply'd to in the way of my Profession to procure Justice for a Towns Man & Church officer of yours, which I am loath to do in Any Manner that may disturb the peace of either Church or Town. Barnabas Paine Esqr.2 is the person who thinks himself grievously & intollerably injured by the slanderous aspersions of one Elizh. Ridley of yr. Town, & by looking into his affair it appears to me that these Slanders are stirred up & promoted by some Overbearing Persons who have taken a prejudice against Esqr. Paine for his differing from him in some points of regulating Divine Worship; I don't collect this from his Story, but from the Complexion of some Evidences I have before me, I therefore from a regard to the Peace aforsd. as well as to the good Name of my Client have advised him first to Apply for relief to the Church, hoping that same Spirit of Devotion, & Godliness which induces them to refine & improve in public Divine Worship will also induce them to treat their Neighbours & Brethren who differ in Judgment from them in the Way of that Charity without which all other things are vain; And I trust you will not take this intimation Amiss, as I mean Nothing More by it, than that you Should So far as you think right, Stear this Matter in such a manner that the happiness of Church Town & private Charecter may be preserved. I assure you Sr. I am very loath to bring forward an action which I think will make so much disturbance in the Town, but you are sensible the Law is the Common Protector of Church & State & to which every one that is injured has a right to apply. If you by yr. influence in yr. Town can cause this matter to be Settled in a manner consistent with the Charecter of Esqr. Paine & the Peace of the Town, you'll doubtless do a great service to both, & I Shall Not grieve the Loss of a fee for prosecuting the matter in the Course of Law. I am Sr. with great respect Yr. Most hble. Servt.,
Caleb Upham (1724–1786) served as minister of the First Congregational Church of Truro, Mass., 1755–1784 (Sibley's Harvard Graduates, 11:481–484).
Barnabas Paine (1705–1768), a first cousin of RTP's father, was active in Truro town affairs, serving at various times as selectman, representative, town clerk, and deacon of the First Church. The quarrel between Elizabeth Ridley and Paine seems to have arise over differences on certain points relating to the regulation of church worship (Paine Family Records, 2:46–47, 4:87).
Imagining you'll be glad to hear how matters appear here I set down to write all I know by Mr. Law, but I have not had much opportunity to inform myself, however it seems that his Excellency1& Mr. Temple2 have had some misunderstanding — , the latter wanted his Excellency to send a regiment to suppress Taunton Rioters,3 his Excellency said the law was to be executed by magistrates, after which tis said Mr. Temple gave out such expressions as — incensed the Gov. & Council & they passed some votes touching the matter & stated facts of their proceedings & how this diference may effect our — I fear, but have counselled measures & am in pursuit of their Ex—; As Mr. Temple seems to have stood high for Military assistance & severity he may agravate any representations made to him of tardiness in the civil magistrates which I suppose will be made to him by Mr. Robinson however little reason for it. I therefore propose to you that due care be taken to protect them from insults, which will hinder a composition & do — our Country, & if Warrants must be granted to search let them be goods taken away after siezed, in the mature as for Stolen Goods. I believe Sr. it will be incumbent on us to exrrt outselves in showing legal Countenanse to the Custom House Officers, — I shall endeavor to hear what has passed, hoping — & the — of Country. I Subscribe with Respect yr hble. Ser.
P.S. This need not be communicated as its written.
Gov. Francis Bernard.
John Temple (1732–1798), Surveyor General of His Majesty's Customs for the Northern District of America. In 1767 he married Elizabeth Bowdoin, the daughter of James Bowdoin, future governor of Massachusetts. Temple served as lieutenant governor of New Hampshire from 1761 to 1774, spent much of the Revolution in England, and in 1786 was made the first British consul general to the United States (Temple Prime, Some Account of the Temple Family [New York, 1887], 29).
The "Taunton Riots" developed when the sloop Polly, owned by Job Smith of Taunton, was seized by customs officials for inaccurate reporting of its cargo of molasses upon a return voyage from Surinam. Both the overplus of nondisclosed goods and the ship itself became forfeited under the customs regulations. However, forty locals in disguise boarded the ship and captured the cargo. A boat was sent by the customs officers to safely navigate the ship away from the scene, but they were prevented from doing so by 100 people on shore "ready to oppose them," and the Polly was scuttled. On Apr. 13 Governor Bernard offered a reward for information on the culprits (Boston Gazette, April 15, 1765). A more famous incident between New England smugglers and the customs officials came in 1768 with John Hancock's "Liberty Affair."