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Robert Treat Paine Papers, Volume 4

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From Oliver Ellsworth
Ellsworth, Oliver RTP
Windsor May 4 1784. Dear Sir,

Your letter of the 1st. of this month I have recd.1 Connecticut has no attorney general, but a State Attorney in & for each County, who has no salary but the courts taxes for him what they deem a quantum meruit & that he is paid together with all monies that he reasonable advances for witnesses &c. out of the State or county treasury, according to the description of the offence & the court before which the trial is had. In capital Cases the fee has usually been from £5 to £10—other crimes cognizable before the Superior Court about 40/.- with an allowance in either Case for an assistant to the State Attorney if one is desired, about 30/-. plus is also allowed for an Indictment when drawn by the Attorney, about 10/.- & about 12/. for attendance each term the 308 Cause lies over: before the county courts, which have jurisdiction, exclusive or concurrent with the Superior Court, of many offences not extending to Life limb or banishment, the fees allowed are not so high as in the Superior Court by a fourth or third. Thus we have proceded heretofore; but a table of fees in these Cases, was fixd. by law the last Session of our general assembly. I cannot recollect it particularly—in general it is much the same as the allowances before mentioned but in some instances still lower. It will be published in a few days & I will then send it to you. Fees in general in this State are very low, but I beleive the State or Kings Attorneys have usually had as good an allowance from the publick, considering the certainty of the pay, as others from their clients in proportion to the Services done until since the war—now the advantage is in favour of the latter.

I am much obliged Sir, by the recollection you are pleased to express of our former acquaintance, which I shall ever be happy to improve upon by all the means in my power.

I am Dear Sir, with every sentiment of respect & Esteem, Your obed. huml. Servt. Oliv Ellsworth

RC ; addressed: “The Honble. Robert Treat Payne Esquire Boston”; with postal endorsement: “2 M”; endorsed.

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Not located.

From James Bowdoin
Bowdoin, James RTP
Boston July 16 1784 Sir,

I wrote a Letter to Judge Cushing superscribed to him at Ipswich, when the Supr. Court last sat there, informing him that the Genl. Court had directed the Comtee. for revising the laws to complete that business as soon as may be; and desiring that he & the other gentlemen of that Comtee. who attended Ipswich Court wd. appoint a meeting for that purpose. At the same time letting him know, that as other business had obliged the former Chairman to resign his Commission to the Genl. Court, that office devolved on him.

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As by your message it is possible Judge Cushing may not have recd. my letter, you will please to take such measures as you shall think best suited to answer the expectations of the Genl. Court. I now send you all the Papers I had relating to that business; and also an order of the Court of the 2d. Instt. for the Comtee’s. reporting an Act, in the order mentioned.

I am very respectfully Sir yr. most obt. hble. Servt. James Bowdoin

RC ; addressed: “The hon’ble Robert Treat Paine Esqr. Attorney General.”