Mr. Pain Sr., Providence Feby. 7th. 1777

Thos. Green1 Esqr. & my Self2 owners of a Sloop Called the Retalliation of 90 Tons which has Lately bin a Cruse a priveteering 346with 12 Carrage Guns under the Command of Capt. Jones the Barer hereof and in her Cruse Fell in Company with Capt. Dennis in the Priveteer Sloop America of 45 Tons & 38 Men, & being to windword of the West India Islands and as they Supposed in a Good place to Lay for Merchant Vessils bound from England to the West Indies, they agreed to Lay buy & Wate in Company with Each other for Vessells to Come Down near them. Accordingly in a Day or Two a Brigg appeard in Sight. They both gave Chace together & after 5 or 6 Hours the America Capt. Dennis Came up with Said Brigg Capt. Jones allso being then in full Chace. Within 3 miles Distance the Brigg Struk which Turnd out to be the Countis of Eglington Capt. Reede from Glascow bound to Antega, with a Cargo of £4585 Sterlg. in Dry Goods.3 Sr., which Brigg was Sent to Bedford in Your Province under a Prize Master & 8 Men of Capt. Jones & a Prize master & 4 Men from Capt. Dennis. We Claim apropotion of Said prize in porpotion to the Strength of the Priveteers but to our Grait Supprize at a Tryel at Plimouth before Judg Cushings Court, the Jury Gave the whole to Capt. Dennis’s Priveteer. We Appeald to the Superior Court to be held at Barnstable in May next. Our Attorneys ware Mr. Cole4 from here & Mr. Ainger5 of Bridgwater. Their Counsell was Mr. Dana6 & Mr. Lovel,7 and we are Determind to prossicute this Matter till we have Justice Done if possable therefore Desire Your assistence as a Gentleman of the Law & in Due time we will Give You a Handsome Fee. Capt. Jones will give You a More perticular Acct. of all Circumstance’s Relative to any evidences Capt. Jones shall want to take that are within your state. You will give him such Directions and advices as you think most Consistent with the tenor of the Cause & if any Evidences should be taken near where you reside, if you will be at the Interrogations and then propose such Questions as shall be pertinent to the Justice of our Capture &c. or any advices that shall be given to Mr. Jones we shall be obligated to you for the same. If you can Undertake for us be pleased to acquaint us of the same as soon as you Conveniently Can which will Oblidge your most Humb. Servts.,8

John Brown Tho Greene

RC ; internal address: “To the Hone. Treat Paine Esqr.”

1.

Thomas Greene of Providence, John Brown’s longtime partner.

347 2.

John Brown (1736–1803), a member of the prominent merchant family of Providence, R.I., withdrew from the family firm in 1771 but retained an interest in Hope Furnace and the spermaceti candle and whale oil industry. Brown led the party that burned the British customs schooner Gaspee in 1772. During the war he contracted with the government to provide munitions, cannon, and supplies to the Continental army. He later represented the state in Congress ( ANB ).

3.

Capt. Isaac Jones of the Rhode Island privateer Retaliation and Capt. William Dennis of the Rhode Island privateer America disputed each other’s claims in the prize brigantine Countess of Eglington (Robert Reid, captain) on behalf of themselves, the owners, and the crews (Naval Documents of the American Revolution, 7:639). For the resolution of this case, see John Brown to RTP, Apr. 25, 1777 (below).

4.

John Cole, former chief justice of the Rhode Island Supreme Court and speaker of the House of Representatives, was appointed advocate general in February 1775. He died of smallpox, October 1777 (Wilkins Updike, Memoirs of the Rhode-Island Bar [Boston, 1842], 122–130).

5.

Oakes Angier (1745–1786), a 1764 graduate of Harvard, was John Adams’s first law clerk. In 1769 he opened his own office in the West Parish of Bridgewater. In 1776 he began the first of four terms of service in the House of Representatives ( Sibley’s Harvard Graduates , 16:5–7).

6.

Not identified.

7.

John Lowell (1743–1802), see above.

8.

RTP apparently did not undertake this case for either party until the appeal process. See John Brown to RTP, Apr. 25, 1777, for details on the litigation history.