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Robert Treat Paine was a native of Boston, where he was born, in the year
1731. His parents were pious and respectable. His father was for some years
the settled pastor of a church in Weymouth, in the vicinity of Boston. His
health failing him, however, he removed with his family to the latter place;
where he entered into mercantile pursuits. His mother was the grand-daughter
of Governor Treat of Connecticut.
At the early age of fourteen, he became a member of Harvard College; but
of his collegiate course, little has been recorded. On leaving the
university, he was engaged for some time in a public school. As the fortune
of his father had, from various circumstances, become much reduced, the
support of his parents, with some other relations, seemed to devolve upon
himself. In the acquisition of more ample means for their maintenance, he
made a voyage to Europe. It was an honorable trait in his character, thus in
the morning of life to exhibit such filial affection; a kindness of
disposition, which he continued to manifest during his father's life.
Previously to his commencing the study of laws he devoted some time to
the subject of theology, which tended to enlarge his views of Christianity,
and to confirm his belief of its truth. In 1755, he served as chaplain to
the troops of the province at the northward, and afterwards preached a few
times in other places.
At length he directed his attention to the study of law, during which
period, having no pecuniary assistance, he was obliged to resort again to
the keeping of a school for his support. By most persons such a course would
be deemed a serious evil; but experience has shown, that those who are
obliged to depend upon their own energies for the means of education,
generally enter upon their profession, if not with higher attainments, with
more courage to encounter the difficulties with which almost every one
meets, and they are more likely to attain to a high elevation, than those
whose resources are abundant.
On being qualified for the practice of law, Mr. Paine established himself
at Taunton, in the county of Bristol, where he resided for many years. We
necessarily pass over several years of his life, during which we meet no
occurrences of sufficient importance to merit a notice in these pages. It
may be remarked, however, that at an early period, he took a deep interest
in the various disputes which arose between the colonies and the British
government. He was a delegate from Taunton, to a convention called by
leading men of Boston, in 1768, in consequence of the abrupt dissolution of
the general court by Governor Bernard. This convention the governor
attempted to break up, but it continued in session several days, and adopted
many spirited resolutions, designed to awaken in the people a greater
attention to their rights, and to show to the ministry of England, that if
those rights were violated, the provincial assembly would act independently
of the governor.
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| The Boston Massacre |
Mr. Paine was engaged in the celebrated trial of Captain Preston, and
his men, for the part they acted in the well known "Boston massacre" of
1770. On this occasion, in the absence of the attorney general, he conducted
the prosecution on the part of the crown. Although only a fragment of his
address to the jury, at this time, has been preserved, it appears that he
managed the cause with the highest reputation to himself, both in regard to
his honor as a faithful advocate, and at the same time as a friend to the
just rights of those against whom he acted as council.
From this time, Mr. Paine appeared still more conspicuously was elected a
representative to the general assembly from the town of Taunton. It was now
becoming a period of great alarm in the colonies. Men of principle and
talent were selected to guard the ancient rights of the colonies, and to
point to those measures which, in the approaching crisis, it was proper to
pursue. It was a high honor, therefore, for any one to be elected a
representative of the people. The rights, the liberties, and even the lives
of their constituents were placed in their hands; it was of the utmost
importance that they should be men of sagacity, patriotism, and principle.
Such, fortunately for the colonies, were the men who represented them
in their provincial assemblies, and in the Continental Congress. Of this
latter body, Mr. Paine was elected a member in 1774. A general account of
the proceedings of this assembly has already been given. At that time a
separation from the parent country was not generally contemplated, although
to more discerning minds, such an event appeared not improbable, and that at
no distant day. The Congress of 1774, were appointed mainly to deliberate
and determine upon the measures proper to be pursued, to secure the
enjoyment and exercise of rights guaranteed to the colonies by their
charters, and for the restitution of union find harmony between the two
countries, which was still desired by all. Accordingly they proceeded no
farther at that time, than to address the people of America, petition the
King, state their grievances, assert their rights, and recommend the
suspension of importations from Great Britain into the colonies.
The assembling of such a body, and for objects of so questionable a
character, was a bold step; and bold must have been the men, who could thus
openly appear on the side of the colonies, in opposition to the British
ministry, and the royal power. In concluding their session, in October of
the same year, they presented a solemn appeal to the world, stating that
innovation was not their object, but only the preservation and maintenance
of the rights which, as subjects of Great Britain, had been granted to them
by their ancient charters. "Had we been permitted," say they, "to enjoy in
quiet the inheritance left us by our fathers, we should, at this time, have
been peaceably, cheerfully, and usefully employed in recommending ourselves,
by every testimony of devotion to his majesty, and of veneration to the
state from which we derive our origin. Though now exposed to unexpected and
unnatural scenes of distress, by a contention with that nation whose general
guidance, on all important occasions, we have hitherto with filial reverence
constantly trusted, and therefore can derive no instruction, in our present
unhappy and perplexing circumstances, from any former experience; yet we
doubt not, the purity of our intentions, and the integrity of our conduct,
will justify us at that great tribunal, before which all mankind must submit
to judgment. We ask but for peace, liberty, and safety. We wish not a
diminution of the royal prerogatives; nor do we solicit the grant of any new
right in our favor."
To the Continental Congress, which met at Philadelphia in May, 1775, Mr.
Paine was again a delegate from Massachusetts. At that time, the colonies
were greatly in want of gunpowder. The manufacture of salt petre one of its
constituents, was but imperfectly understood. Congress appointed a
committee, of which Mr. Paine was chairman, to introduce the manufacture of
it. In this particular, he rendered essential service to his country, by
making extensive inquiries into the subject, and by inducing persons in
various parts of the provinces to engage in the manufacture of the article.
The following is among the letters which he wrote on this subject, which,
while it shows his indefatigable attention to the subject, will convey to
the present generation some idea of the multiform duties of the patriots of
the revolution. Mr. Paine also rendered himself highly useful, as a member
of a committee for the encouragement of the manufacture of cannon, and other
implements of war.
Philadelphia, June 10th, 1775.
My very dear Sir,
I cannot express to you the surprise and uneasiness I received on hearing
the congress express respecting the want of gunpowder; it was always
a matter that lay heavy on any mind; but the observation I made of your
attention to it, find your alertness and perseverance in everything you
undertake, and your repeatedly expressing it as your opinion that we had
probably enough for this summer's campaign, made me quite easy. I rely upon
it that measures are taken in your parts of the continent to supply this
defect. The design of your express will be zealously attended to, I think. I
have seen one of the powder mills here, where they make excellent powder,
but have worked up all the nitre; one of our members is concerned in a
powder mill at New-York, and has a man at work making nitre. I have taken
pains to inquire into the methods Dr. Franklin has seen salt-petre works at
Hanover and Paris; and it strikes me to be as unnecessary, after a certain
time, to send abroad for gunpowder, as for bread; provided people will make
use of common understanding and industry; but for the present we must import
from abroad. Major Foster told me, at Hartford, he suspected he had some
land that would yield nitre; pray converse with him about it. Dr. Franklin's
account is much the same as is mentioned in one of the first of the American
magazines; the sweeping of the streets, and rubbish of old buildings, are
made into mortar, and built into walls, exposed to the air, and once in
about two months scraped and lixiviated, and evaporated; when I can describe
the method more minutely I will write you; meanwhile, give me leave to
condole with you the loss of Colonel Lee. Pray remember me to Colonel Orne,
and all other our worthy friends. Pray take care of your important health,
that you may be able to stand stiff as a pillar in our new government.
I must now subscribe, with great respect and affection,
Your humble servant,
R. T. Paine.
Of the congress of l776, Mr. Paine was also a member; and to the
Declaration of Independence, which that body published to the world, he gave
his vote, and affixed his name. In the December following, the situation of
Congress be came justly alarming. The British army were, at this time,
making rapid advances through New-Jersey, towards Philadelphia. The troops
of Washington, amounting to scarcely one third of the British force, it was
thought would not be able to resist their progress, or prevent their taking
possession of Philadelphia. During the alarm excited by an approaching foe,
Congress adjourned to Baltimore. Of the state of Congress, at this time, the
following letter of Mr. Paine gives an interesting account.
"Our public affairs have been exceedingly agitated since I wrote you
last. The loss of fort Washington made way for that of fort Lee; and the
dissolution of our army happening at the same time, threw us into a most
disagreeable situation. The interception of an express gave the enemy full
assurance of what they must have had some knowledge of before, the state of
our army; and they took the advantage of it. In two days after the
possession of fort Lee, on the 9th of November, where we lost much baggage,
and the chief of our battering cannon, then marched to the Hackensack, and
thence to Newark, driving General Washington before them, with his 3000 men
thence to Elizabethtown. General Washington supposed, from the best
information he could get, that they were 10,000 strong; marching with a
large body of horse in front, and a very large train of artillery. We began
to be apprehensive they were intended for Philadelphia; and Congress sat all
Sunday in determining proper measures on the occasion. I cannot describe to
you the situation of this city. The prospect was really alarming. Monday,
9th; yesterday, General Washington crossed the Delaware, and the enemy
arrived at Trenton on this side, thirty miles from this place; close
quarters for Congress! It obliges us to move; we have resolved to go to
Baltimore."
For the years 1777 and 1778, Mr. Paine was a member of Congress, during
the intervals of whose sessions, he filled several important offices in the
state of Massachusetts. In 1780, he was called to take a part in the
deliberations of the convention, which met for the purpose of forming a
constitution for the commonwealth. Of the committee which framed that
excellent instrument, he was a conspicuous member. Under the government
organized according to this constitution, he was appointed attorney general,
an office which he continued to hold until 1790, when he was transferred to
a seat on the bench of the supreme judicial court. In this situation he
remained till the year 1804, at which time he had attained to the advanced
age of 73 years. As a lawyer, Mr. Paine ranked high among his professional
brethren. His legal attainments were extensive. In the discharge of his
duties as attorney general, he had the reputation of unnecessary severity;
but fidelity in that station generally provokes the censure of the lawless
and licentious. Towards the abandoned and incorrigible he was indeed
severe, and was willing that the law in all its penalties should be
visited upon them. But where crime was followed by repentance, he could be
moved to tenderness; and while, in the discharge of his official duty, he
took care that the law should not fall into disrespect through his
inefficiency, he at the same time was ever ready to recommend such as might
deserve it to executive clemency.
The important duties of a judge, he discharged with honor and great
impartiality for the space of fourteen years. During the latter part of this
time, he was affected with a deafness, which, in a measure, impaired his
usefulness on the bench. Few men have rendered more important services to
the literary and religious institutions of a country, than did Judge Paine.
He gave them all the support and influence of his office, by urging upon
grand jurors the faithful execution of the laws, the support of schools, and
the preservation of strict morality.
The death of Judge Paine occurred on the eleventh of May, 1814, having
attained to the age of 84 years. Until near the close of life, the vigor of
his mental faculties continued unimpaired. In quickness of apprehension,
liveliness of imagination, and general intelligence, he had few superiors.
His memory was of the most retentive character, and he was highly
distinguished for a sprightly and agreeable turn in conversation. A witty
severity sometimes excited the temporary; disquietude of a friend; but if he
was sometimes inclined to indulge in pleasant raillery, he was willing to be
the subject of it in his turn.
As a scholar, he ranked high among literary men, and was distinguished
for his patronage of all the useful institutions of the country. He was a
founder of the American Academy established in Massachusetts in 1780, and
active in its service until his death. The honorary degree of doctor of laws
was conferred upon him by Harvard University.
Judge Paine was a firm believer in the divine origin of the Christian
religion. He gave full credence to the scriptures, as a revelation from God,
designed to instruct mankind in a knowledge of their duty, and to guide them
in the way to eternal happiness.
Source: Rev. Charles A. Goodrich Lives of the Signers to the
Declaration of Independence. New York: William Reed & Co., 1856. Pages
112-119. (Some minor spelling changes may have been made.)
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