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Robert Treat Paine Papers, Volume 2

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From Shearjashub Bourne
Bourne, Shearjashub RTP
Barnstable June 30th 1768 Sir,

Inclosd. I1 send you a Note on Elisha Brewster, Who Stands Sued to the June Court at Plymo. and if you will be so good as to Carry thro' the action for me (as I Cannot Very well come) I shoud be Very glad, and I think you have from Majr. Doane a Power of Attor. which If you have not and any Dispute arises I have Inclosd a Substitution to Pelham Winslow.2 Your Very H. St.,

SHEARJB. BOURNE

PS: please to ask Winslow Pelham for the Note. I have Inclosed it to him. I shoud be glad when the Court arises if you woud write me a Line whether Brewster action is appealed or not.

RC ; addressed: "To Robert Treat Paine Esqr. att Plymouth"; endorsed.

1.

Shearjashub Bourne (1746–1806) graduated from Harvard in 1764, was admitted to practice at the Superior Court in 1767 and as a barrister in 1772. He settled at Barnstable, later served two terms in the Federal House of Representatives, and was appointed chief justice of the Court of Common Pleas of Suffolk Count in 1801. He became a good friend of RTP (Sibley's Harvard Graduates, 16:20–23).

2.

RTP represented Elisha Doane of Wellfleet in his case against Isaac Brewster of Kingston (represented by James Hovey) over trespass on a note, originally payable to James Warren but endorsed to Doane. The court awarded a judgment of damages and costs to the plaintiff in the July 1768 term of the Plymouth Court of Common Pleas. The defendant appealed the judgment, but there is no further record of the case (Plymouth Court Records, 8:264).

Pelham Winslow (1737–1783) graduated from Harvard in 1753 and studied law with James Otis, Jr. Admitted to practice before the Superior Court in 1764 and as a barrister in 1767, Winslow prac-431ticed law in Plymouth. During the Revolution he served as a major in the British Army and became a loyalist refugee (Law in Colonial Mass., p. 357).

From Samuel Fitch
Fitch, Samuel RTP
Boston 27th. Augt. 1768 Sir,

I recd. your favor of 26th.1 respecting Mr. Adam's affair.2 As the Gentleman to whom the money is due is upon the spot I did not think myself at Liberty to take the step you mention without his Consent. I therefore shewed him yr. Letter. He gave me for answer That the affair had been depending three or four years. That Indulgence upon Indulgence had been granted: & That he could not especially as he was acting for other people consent to any further Delay, as it might be at the Hazzard of the Debt & he must take that Hazzard upon himself if he did it. The Only way therefore is for the officer to do his Duty, & if Mr. Adams can Settle the Matter with him so that he can return the Excn. Satisfied. I can have nothing to Object, but the officer must in that Case take Care to have the Money ready when Called for & he must expect this will be in very Short Time, a few weeks at furthest. I am Sr your very humble Servt.

SAML. FITCH

RC ; addressed: "To Robt. Treat Pain Esqr. Councilr. at Law In Taunton"; endorsed.

1.

Not located.

2.

Action not further identified.

List of Delegates at Convention
Boston, Sept. 22, 1768
Suffolk
B { honble. James Otis Esq.
honble. Thomas Cushing Esq.
Mr. Saml. Adams
John Hancock Esq.
Roxbury Jos. Williams Esq.
Capt. Jos. Mayo
Dorchester Mr. Saml. Howe
432
Milton Jazaniah Tucker
Braintree Josh. Quincy Esq.
Ebenr. Thayer
Weymo. Majr. James Humphrey
Dr. Cotton Tufts Esq.
Hingham Josua Hearsay
Deadham Nat. Sumner Esq.
Medfield Mr. Seth Clark
Woodward
Wrentham Jabez Fisher
Brookline Capt Ben. White
Stoughton Mr. Hezh. Gay
Stoughtonham Mr. Job Smith
Medway Capt. Jona. Adams
Needham Amos Fuller Esq.
Josh. Newall Esq.
Walpool Walpole Joshua Clap Esq.
Chelsea Mr. Thos. Prat
Essex
Danvers Deacon Saml. Holten
Ipswich Capt. Michl. Farley
Newbury Joseph Gerrish
Newbury Port Benja. Greenleaf Esq.
Lynn Ebr. Burrill
Andover Saml. Philips Esq.
Beverly Capt. Henry Herrick
Rowley Humphrey Hobson Esq.
Salsbury Capt. Nat. Currier
Haverhill Mr. Saml. Batchelor
Glocester Thos. Sanders Esq.
Capt. Peter Coffin
Boxford Aaron Wood Esq.
Bradford Benja. Millikin Esq.
Wenham Benja. Fairfield
Topsfield Capt. Saml. Smith
Middlesex
433
Charlstown Edward Sheaf Esq.
Watertown John Remington
Wooburn Deacon Saml. Wyman
Oliver Richardson
Concord James Barret
Newton Capt. Abrm. Fuller
Reading John Temple
Marborô Mr. Saml. Witt
Billerica Wm. Stickney Esq.
Framingham Thos. Temple
Lexinton Wm Reed Esq.
Chelmford Sampson Stoddard Esq.
Sudbury Thos. Plympton
Malden Capt. Ebenr. Harnden
Medford Capt. Jos. Mellen
Westford Jonas Prescot
Pepperell Wm. Prescot Esq.
Stow Henry Gardner Esq.
Wilmington Paul Cook
Townsend & Asby Amos Whitney
Acton Capt. Danl. Fletcher
Holliston Timo. Rockwood
Sherburne Jona. Russel
Littleton Wm. Shattuck
Hampshire
Colrain James Stewart junr.
Worcester
Lancaster Capt. Asa Whetcomb
Leicester }
Spencer Capt. John Brown
Paxton
Westborô Capt. Step. Maynard
Sutton Capt. Henry King
Shrewsbury Artemas Ward Esq.
Lunenburgh & } Edward Hartwel Esq.
Fitchburg
434
Harvard Capt. Israel Taylor
Bolton John Whitcomb Esq.
Westminster Henry Alden
Northborough Jona. Livermore
Petersham Theop. Chandler
New Braintree James Wood
Grafton Ephm. Sherman
Plymouth
James Warren
Plymo. Thos. Mahew } Esq.
Scituate Jos. Tolman
Duxbury Capt. John Wadsworth
Middleborô Capt. Eb. Sprout
Benja. White
Rochester Saml. Sprague
Plymton Capt. John Bradford
Pembroke John Turner
Kingston Wm. Sever Esq.
Hannover Capt. Jos. Cushing
Abington Capt. Woodb. Brown
Hallifax Noah Cushing
Wareham Dr. Andrew McKay
Barnstable
Falmouth Capt. Jos. Robinson
Wellfleet Elisha Doan Esq.
Bristol
Taunton James Williams, Esq.
R. T. Paine Esq.
Rehoboth Capt. James Clay
Mr. Syl. Martin
Swaney Jerathmel Bowers Esq.
Dartmo. Walter Spooner
Attleboro Ebenezer Lane
Dighton Elisha Andrews
Berkly Majr. Jam. French
Raynham Zeph. Leonard Esq.
Norton Majr. Thos. Morey
435
Dr. Geo. Wheaton
York
Biddeford Jereh. Hill
Pepperelboro
Arundel James Burnham
Scarborô Edwd. Millikin Esq.
Gorham Solomon Lombard, Esq.
Berwick Shadburn Esq. Benjamin Chadbourn
Kittery Amory Caleb Emery
Cumberland
No. Yarmouth John Lewis

MS ; endorsed in RTP's hand: "A List of the Members of the Convention holden at Boston 1768 October in Consequence of Gov Barnards dissolving the Genl Court."

1.

The refusal of the Massachusetts House of Representatives to rescind the Circular Letter of Feb. 11, 1768, which had been sent to all colonial assemblies to inform them of the ill effects expected of the Townshend Acts of 1767, resulted in Governor Bernard's dissolving the General Court. This action together with news that British troops were on their way to Boston plus other grievances led the Boston selectmen to send a call to the province's towns to send delegates to a convention to be held at Faneuil Hall on Sept. 22, 1768. RTP noted in his diary that on Sept. 21 he and James Williams were chosen to represent Taunton at the convention and were duly present on the following day. He probably made his hasty listing of delegates present at that time. While the measures taken at the convention were moderate, Richard D. Brown points out that "The royal government had small reason for comfort when the great majority of politically active towns demonstrated their readiness to defy the governor by asserting the right to convene at will" ("The Massachusetts Convention of Towns, 1768," William and Mary Quarterly, 3d ser., 26[1969]: 102).

Brown prints a slightly amended version of this list in his article (pp. 103–104). He notes that RTP mistakenly placed several Maine towns in the wrong counties, and from town records added further delegates from Brimfield, Brunswick, Cambridge, Cape Elizabeth, Falmouth [Cumberland County], Leicester, and Montague. However, "Even if these 7 are added to Paine's list, 2 are still missing since the final proceeding of the convention reported 96 towns and 8 districts represented, whereas this list only includes 102 towns and districts."