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Robert Treat Paine Papers, Volume 3

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To the Maritime Court of Massachusetts
RTP
August 11, 1777
State of Massa. Bay } To the honble. Nathan Cushing Esqr.
Middle District } Judge of the Maritime Court for the State of Massa. Bay in New England

Be it remembered that on the Augt. 11th RTP Esqr. Atty. Genl. for the Government & people of Massachusetts Bay in N England comes into Court & in their Behalf gives this Court to understand & be informed that on the 22d day of July last past divers Goods Wares and Merchandizes according to the schedule annexed were directly and indirectly imported into this District from Great Britain & Ireland on the Sloop Brigantine Rising Empire Josiah Godfrey Commander by Persons unknown to yr. Proponant the same Goods Wares & Merchandizes not having been made prize of from the Enemy & imported as Such, and by means whereof & by force of the terms of this Resolves of Congress & the Laws of this State the same Goods Wares & merchandizes are become forfeited to the use of this State, Wherefore as this is a matter of a Maritime Nature your Proponant prays that they may be proceeded against according to Law & Condemned to the use of the Government & People of the aforsaid

Dft. ; on the verso is the following:

April 6. 1776

Resolved that all Goods Wares & Merchandizes, except such as are made prize of which shall be imported directly or indirectly from GB or Ireland, into any of the united Colonies Contrary to the Regulations established by Congress shall be forfeited 383& dispozed of agreable to such Resolves as shall be made by the several Assemblies or Conventions & shall be liable to prosecution & condemnation in any Court erected or to be erected for the determination of Maritime Affairs in the Colony where the seizure shall be made1

1.

This was the last section of a much-debated lengthy resolve on imports passed by the Continental Congress on Apr. 6. The entire text appears in the Journals of the Continental Congress, 4:257–259.

Extracts from the Minutes of the Massachusetts House of Representatives
Tuesday, August 12, 1777

On Motion, Ordered, That Mr. Paine, Mr. Niles 1 and Major Orne be a Committee to consider what is proper to be done with respect to the Disposal of the Goods in the Hands of the Committee of Sequestration. . . .

Ordered. That Mr. Paine, Mr. Gray and Mr. Brown of Boston, be a Committee to collect the Transactions of this Government with respect to supplying Men and Arms for the Northern Department, and Stores for both Departments. . . .

Ordered, That Mr. Paine, Mr. Pitts and Mr. Gray be a Committee to confer with a Committee of the Honorable Board2 on the Expediency or Inexpediency of suppressing Vendues. Sent up for Concurrence.

Friday, August 15, 1777

Ordered, That Mr. Wendell and Mr. Paine, with such as the Honorable Board shall join,3 be a Committee to consider what Powers are necessary to vest the Honorable Council with, during the next Recess of the Court, and report. Sent up for Concurrence. . . .

Mr. Paine, Chairman of the Committee appointed to confer with a Committee of the Honorable Board respecting Vendues, reported, That it was the Opinion of the Committee that the Bill for suppressing Vendues reported by a Committee of both Houses and rejected by the Board should be taken up and revived.

384
Saturday, August 16, 1777

Ordered, That Mr. Pickering, Mr. Partridge, Mr. Paine, Mr. Pitts and Mr. Niles be a Committee to wait upon the Honorable Major Part of the Council and inform them that the House have finished all Matters of a public Nature before them, and desire a Recess by Adjournment until Wednesday the tenth Day of September next.

Printed in the Journals of the House of Representatives of Massachusetts, 53, pt. 1:62, 63, 66, 67, 68.

1.

Samuel Niles, the Braintree representative.

2.

Thomas Cushing, Joseph Palmer, and David Sewall were joined to this committee from the Council, Aug. 12 (Records of the Massachusetts Council, microfilm copy at MHS).

3.

Thomas Cushing was joined to this committee from the Council, Aug. 15 (Records of the Massachusetts Council, microfilm copy at MHS).