Robert Treat Paine Papers, Volume 4
To the honorable the Senate and the honorable the House of Representatives of the Commonwealth of Massachusetts in General Court assembled February 1783.
Robert Treat Paine asks leave respectfully to represent, that in June 1777 he had the honor to be appointed to the office of Attorney General for this State—that he entered into and has executed the same with his utmost ability and attention to this time:—that there has not been any stated Salary, or fees of the office, which any body would consider as a recompence for the service of the same the whole amount of them being but little more than the necessary cash expences of attending the Circuits:—that there has been but two Grants made him, & those many years ago—that the business of that office has been very important to the existance and well-being of this State, and exceedingly burthensome and irksome in the Execution of it, from many considerations, and from the licentious disposition of many, appears likely to increase in its magnitude.
247Your Memoralist therefore, partly from a reasonable regard to his own Interest, and also from a regard to the due Execution of that office and the Welfare of the Commonwealth therein, thinks it his duty to make this representation to the honorable Legislative Body, that so a reasonable compensation may be made to your Memoralist for his past services, and that the Importance and Labours of that office may be enquired into, understood and regulated, and such Orders made respecting the same for the future as to your Honors shall seem meet.
Read & ordered that Mr. Goodhue and Mr. Frazier with such as the hon Senate may join be a Committee to consider this Memorial and report
Sent up for concurrence
Read & Concurred & John Bacon Esqr. is joind
Read again & revivd & thereupon Orderd That Cotton Tufts Esqr. with such as the Honble. House shall join be a Committee to consider this Memorial & report what may be proper to be done thereon1
Sent down for Concurrence
Read & concurred & Mr. Ely & Mr. Edey are joined
Petition of Robert Treat Pain Esqr. June 7 Read in Senate & ord to by
Freeman
1783.
Mr. Goodhue
Mr. Barr
Frazier
Ely
Edey
referr’d to next Session
Dr. Tufts
Mr. Turner
Dr. Tufts
Mr. Turner
A draft of this petition is in the RTP Papers.
The committee report, contained in the same file at the Massachusetts Archives and dated June 7, 1783, recommended the payment of £763.12.10 “in full for his Service as Attorney General from Jany. 1. 1780 to Jany 1, 1783—being Three years which estimated at £300 pr. annum and deducting therefrom £136.7.2 Costs of Court by him received during that Time leaves the first mentioned Sum—and that there be further allowed and paid unto him the Sum of Three Hundred Pounds in Consideration of the Lowness of Fees, the extraordinary Expence attending his office and the Dearness of the necessaries of Life previous to the 1st of Jany. 1780.”
In obedience to their direction that the Attory. Genl. shod. reduce to writing his verbal report to them respectivleying his doings on the Allegations of Jas. Sullivan Esqr. against J Temple Esqr., refered to him by the Genl. Court at their last Session.
The sd. Atty. Genl. answers that the above mentioned allegations were referred to him “to be acted upon as to law & Justice appertaineth”: that upon considering these allegations, there appears to be some of them bottomed upon great political questions, & exceedingly extensive beyond Mr. Temples particular case, & therefore not cognizable by or suitable to be submitted to the determination of a Grand Jury:
that had he passed over those questions & Allegations & prosecuted Mr. T——e for the single high crimes & Misdemeanors expressed in the sd. Allegations, it might have been considered as such acknowledgmt. of Mr. T——s citizenship, & such a superceeding of the Allegations & questions respectg. the same, as he thought he had no right to make:
that as to the Question respect of Citizenship respectg. Mr. Temple & many others who may be thought to be in like circumstances, he knows of no law or regulation of tryal provided by this Common Wealth that comes within his department:
that as to the Question of procedure prudence, whether Mr. T—— shall be admitted to a Citizenship, he conceives it to be a political question beyond the extent of his Office: and that for these reasons he has not acted upon the sd. Allegations.