Robert Treat Paine Papers, Volume 2
In Consequence of yours of the 17th. of Decr. last1 I immediately wrote to Mr. William Stewart2 in New London respecting his Case agt. Crane in your Hand; and a few Days since I recd. a Letter from him with several Evidences taken and Sealed up; which I hope will answer both as to Matter and Form. Stewart writes me that Crane must be a Villain to pretend any Payment ever was made Upon that account, as he never had a Shingle of him in his Life nor has he ever seen him since, tho' he promisd him he would return in about a month from the Time of taking the Goods, and that then would pay him in Shingles and Money; but did not come till the then next Spring when Mr. Jas. Mumford3 bought his Cargo as certified by the enclosed Evidence of Mumford Son, who took the act. of the whole of it; And Mumford Son has also further Certified that sd. Crane has never been there since as his Father made a Bargain with sd. Crane which he has never been to fulfill. Stewart was out of Town at This Time when Crane was last there or he should have secured his Debt; but says his Brother Nathan Crane has told him Several Times Since that John would be along and Settle to his Satisfaction, which he never has done. Stewart further says that he bought some Clapboard of John and his Brother who were both there togeather two Days before John had the Goods now sued for; and for those Clapboards Stewart at the Receipt of them paid them in Goods out of his Shop; And at the Same Time, trusted Nathan, who had since paid him honestly. Inclosed you also have Mr. Stewart tells me his Act. attested, and he has under oath declared he delivered every Article himself. The Justice has also attested that the account has been by him Compaired with Stewarts Books and that it agrees therewith. Now this Trade and Business was carried on at Connecticut where this Sort of Evidence is by Law Conclusive unless some Evidence from the Deft. Should make the Contrary appear and when ever Trade & Business is Carried on in one Government agreable to the Laws and Customs there it Should seem strange that a Merchant should loose his Demands because he was obliged to seek for his Debtor in a Government where the Law & Custom of Merchants vary. This in my Opinion would put an End to all Business. Even in England when they Judge of a Transaction here they Judge it by Laws & Customs here which when the Contract was made was expected by423the Parties would take Place if any Dispute should arise; and not by Laws and Customs they never knew or heard of and could not be guarded against at making the Contract. Hoping you may Succeed I remain your friend & Servt.
PS. Mr. Stewart Says that a Suitable Acknowledgment shall not be wanting on his Part. I have heretofor sent you several affairs; If you can recollect them & what was done on them I should be glad.
Not located.
No subsequent mention of Stewart's case appears in RTP's diary, cashbooks, or case notes.
James Mumford (1715–1773), a New London merchant.
Your Letter I1 Receiv'd Per Post some Time after the Date of it, But was Uncommonly & Above Measure Surpriz'd that in the Whole of it You Neglected (Not to Say Omitted) to Mention To me the Result of your Writing In my Behalf To Mr. Comee,2 In Relation To that Important Interest I Sold him In Stoutingham District, your being present at Squire Cobbs, and A Witness to the Bargain When it Was Made between Us. If you Was Afraid of your Fee In Prosecuting such A Transgressor, after the most Reiterated Promisses of Paying Me, You shoud have Told me so, When I was With you at Taunton, that I might have provided My Self other Means, To Secure that which was Unalienably My Right & Due, or if you Were under Any Præpossessions in favour of Comee, it Woud been but Honourable to have Acquainted Me therewith. In Short, as my Dependance has been Much Upon You And my Bond is in Your hands I Cant but Declare "You Dissapointed Me to a Very Great Degree." However, As We Say, Better Late than Never. If you'll with all your Vigour & Assiduity Try to Recover a Debt so Long Detain'd in Comees hands in the Unjustist & Unfairest Manner, youll prove to Me the Genuiness & Sincerity of your Friendship, And that you are the same Honest trojan that I've Ever took you to be Without Guile & Hypocrisy. And this, will be highly Meritorious not only of my Philanthrophy & Good Graces, But424procure of Me the Petition you've Laid in With me for,—as to the funeral Elegy of Mrs. Clark by her Poetical Son Who has a taste for the Muses, And Who has from his Youth Up Been Inspir'd by THE SACRED NINE, Which you may Depend On having a Transcript of, as soon as I Behold your Smiling PHIZ Again, Which Cant in all probability be now very long first.
Besides Sir, Whatever Trouble you may be at, (without its being Calld a Labour of Love) shall be Sweetn'd with its Reward, And in A Word, SUE THE WRETCH COMEE, And A Compensation shall be Made to the full. With all Respect To you, not forgeting Mrs F—rs Compliments & Mine To Capt. Cobb & Lady. I Subscribe Your Affectionate Friend & Humble Servant.
forwarded With all Speed."
Samuel Fayerweather (1725–1781). son of Thomas and Hannah (Waldo) Fayerweather of Boston, graduated from Harvard in 1743. He served first as a Congregational minister but later went to England, where in 1756 he was ordained by the bishop of London as deacon and priest in the Anglican church. He served as minister in St. Paul's Episcopal church in North Kingston, Rhode Island, 1760–1774 (Sibley's Harvard Graduates, 11:221–229; Wilkins Updike, A History of the Episcopal Church in Narragansett, Rhode Island, 3 vols. [Boston, 1907]).
John Comee (1725–1815), a farmer, moved from Lexington to Milton in 1751 and soon afterwards to Stoughtonham, the part of Stoughton which was incorporated as Sharon in 1762. He signed the unsuccessful petition for the incorporation of Foxborough in 1773 (NEHGR 50[1896]: 21).