Philada. Jany. 1. 1776 My Dear Freind,

I arrived here the 28th ulto from my Journey as far as Ticonderoga. We proceeded no farther, as we had some expectation when we set out, partly because the Season was too late to pass Safely by Water & too early to pass on the Ice & also because the Object of our Commission of most immediate importance could be determined at Ticonderoga, but a very great Reason was also because the Military Scituation of Canada would not admit of our receiving that assistance from Genl. Montgomery wch. was necessary to promote the chief purpose of our going there.

At Albany we attended a treaty with the Six Nations & it appeared to be very serviceable to the Cause that a Cmttee. from the Grand Council Fire at Philada. attended it. The Indians were much elated & behaved with every mark of Freindship, their Speech contains matters of importance & I suppose will be published as soon as the Report arrives from Albany to the Congress.1

You write in low Spirits about Salt petre making among you but as yr. Letter is of old date, I hope your Spirits have been since raising by the production of considerable quantitys and in diverse places. We are informed here that you have got into the right method & that you make considerable quantitys, pray use your influence to have people in different parts set up small works; this will spread & encrease it & the Works will always be enlarged in proportion to the Success. They make it here at this time in the City Works from Earth taken from the bottom of Cellars where Wood & Vegetables have lain & they have good success; it is Spreading also in the Family Way. I intended to enlarge on this Subject, but have not been here long enough to digest matters; at present my mind is much agitated on the discovery of a malicious and Slanderous Correspondence between James Warren & John Adams respecting Mr. Cushing & my self, & on comparing what is written with the behaviour of some of my brother Delegates, it appears to me that while I have been exerting my Self to the utmost in Supporting the Common Defense of all that is valuable & by that means exposing my Self to the vengeance of Administration if I should fall into their hands, some particular persons whom I have considered as struggling with & Support­127ing me in the same Cause, to my Astonishment are undermining my Importance happiness & Safety, so that not only if our Common Enemy Conquers me shall I be made miserable, but if our Struggles are Crowned with Success, I am then to be crushed & rendered unhappy by the very men I have been endeavouring to support at the risque of every thing that is valuable.

I have received a Notification of my appointment as one of the Judges of the Supr. Ct. & a list of the whole Set with the Rank, of which the honble. JA is C.G., by this Opportunity I have sent my Answer in the Negative & have assigned one Reason which I think of itself sufficient, I have had but a little time to consider the matter & Could have wished to know how the other Gentlemen like their Rank & whether they have Accepted; I am far from thinking that the honble. Board had the least intention of disparaging the merit of any Gentleman, but when we consider that the proposed C.J. Ranks the last but one in Age & as a Lawyer at the Barr, it looks to me as if some imperceptible Influence had regulated the Appointment of a CJ. upon Political or other principles than what are usual in Such Cases; If I was not worthy of such a Trust (as my former freind Coll. Warren suggests) why was I appointed, if I am defective either in Law Knowledge Integrity or Political Rectitude it certainly was wrong to appoint me, but if Supposed Sufficiently qualified in these Respects, why am I degraded? I mourn the appearance of these & some other matters that are coming to light I fear they spring from a fountain that will embitter the Administration of our public affairs.

Excuse my writing thus freely to you, but it is to no purpose to disguise Some Sorts of uneasiness: if a Junto of 2, 3, or 4 men are able to combine together, Settle a Test of political Rectitude & distroy every one that will not comply with their mode of Conduct,2 I must confess things are like to take a different turn from what I expected. Inclosed is the Extract but I have not time to explain the manner in which it came to light, but I have wrote it to Majr. Hawley, who will explain the matter to you. I have no desire to incense you against perticular persons, but if you think Such Conduct is wrong you will behave accordingly & give me that Support you may think I deserve wishing the promotion of our Comn. hapiness & a delivereance from the Perils of public Enemys & false Brethren I am with great Esteem yr. freind & hble. Sert.,

R. T. Paine

RC (Original not located. In 1959 it was on loan from Elsie O. and Philip D. Sang for an exhibition on the Signers of the Declaration of Independence, Rutgers University) ; Dft. in RTP Papers, MHS ; contemporary transcript in an unknown hand, Adams Papers, MHS .

1.

RTP noted in his diary, Dec. 8, 1775:

“above 100 Sachems & Warriors of the Onandaga Oneiada Mohawk & Tuscarora Tribes mett at Albany in Treaty, the Cmttee of Congress comittee & Corporation of Albany mett with them, Genl. Schuyler & Mr. Dough were the only Comsrs. present the Indians gave each of the Cmttee. names, vizt, Mr. Livingston Teregha of the Oneida, Mr. Langdon, Saughradoware of the Mohawk & my self Currewaehee, meaning good news, given by the Onandaga; they made a speach & adjourned to Monday next, dind with some of Cmttee. of Albany at Vernons & went in Evning to Genral Schuyler’s & lodged, Snowed in the Evning.” And on Dec. 11: “fair din’d at Mr. Vollery Philip Dougas. PM attended the Treaty with the Indians. Mr. Edwards & Mr. Wolcott there. Froze in the night lodged at Gen Schuylers.”

2.

Draft in RTP Papers adds: “if Vanity, arrogance & insolance are primary qualitys in a free state.”