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    John Adams and Robert Treat Paine: Document Signed by Both "R Paine" and "John Adams". Two leaves, four pages, first leaf measures 7.5" x 13.5", second leaf measures 8.25" x 5.5", Taunton, Massachusetts, ink in each person's hand. Unusual document with 200+ words in Paine's hand and 25 words in Adams' hand. A claim of a vessel libel to "...Men of war...enemies, pirates, rovers, thieves... Detainments of all kings... " Signed by both during the preparations for, and shortly after, the Boston Massacre trial in 1770 where they were opposing counsel.

    The document reads, in full: "Bristol, George the Third, by the Grace of God, of Great-Britain, France and Ireland, King, Defender of the Faith & c. To the Sheriff of Our County of Bristol his Under-Sheriff or Deputy, Greeting. We command you to attach the goods or estate of Ichabod Jones of Boston in the county of Suffolk mariner to the value of one hundred twenty pounds, and for want thereof to take the body of the said Ichabod (if he may be found in your precinct) and him safely keep so that you have him before our Justices of Our interiour Court of Common Pleas, next to be holden at Taunton, within and for Our said Country of Bristol on the second Tuesday of September next: in the same county Yeowman and Henry Tew of Dighton in the same county day of January at 1770 at Taunton aforesaid according to the . . . of Merchants caused to be written & made a certain policy of . . . in the form following wish Numb. 1043 In the Name of God, Amen, . . . Clothier Hathaway & Henry Tew as well in his own Name, as for and in the Name and Names of all and every other Person or Persons to whim the same doth may or shall ascertain, in Part of in all, doth make assurance, and causeth himself, and then, and every of them, to be insured, lost or not lost, the sum of one hundred eight pounds lawful money from Lucea . . . of Sloop Elizabeth & . . . .Whereof is Master, under GOD, for this present voyage, Paul Tew or Whosever else shall go for Master in the said Vessel, or by whatsoever other Name or Names the same vessel, or whoever the Master thereof, is or shall be named or called, beginning the Adventure upon the said vessel & or aforesaid & to routine & ending the voyage aforesaid & with said vessel that he arrived . . . at anchor twenty four hours in safety . . . And it shall be lawful for the vessel & c. in this voyage, in cases of Extremity and Distress, to proceed and fail to, and touch at any Ports or Places whatsoever, without prejudice to his insurance. Touching the Adventurers and Perils which we the assurers are contented to bear, and do take upon us in this Voyage; they are of the Seas, Men of War, Fires, Enemies, Pirates, Rovers, Thieves, Jettisons, Letters of Mart and Counter- Mart, surprisals, Taking at Sea, Arrests, Restraints and Detainments of all Kings, Princes and People, of what Nation, Condition or Quality forever; Perils, Losses, and Misfortunes, that have or shall come to be Hurt, Detriment or Damage of the Said vessel & any part thereof. And in Case of any Loss on Misfortune, it shall be lawful for the assureds, heir Factors, Servants and Assigns, to sue labour, and travel for, in and about the Defence, Safeguard and Recovery of said Vessel & or any part thereof, without prejudice to this insurance; to the charges whereof we the assurers will contribute, each one according to the Rate and Quantity of sums herein assured. And that in the case of any Average Loss, not exceeding ten pounds per cent . . . . In Witness whereof, We the assurers have subscribed our Names and sums assured in Boston in New England January 18, 1770 Bread, Corn Flax seed, Fish, Salt . . . Skins & such goods . . . attained perishable are warranted free from average unless a general average or the Vessel . . . and the said Clothier & Henry further say that on sd eighteenth day of January at said Taunton the said Ichabod in his proper hand writing . . . said poking of assurance & then & there contracted with the said Clothier & Henry. . . that he had received of the Clothier & Henry the . . . at the rate aforesaid he the said Ichabod was contracted for the ninety pounds . . . poking of assurance is expressed & the said clothier & Henry further say that the said Ichabod in consideration then and there . . . to be performed of the said ninety pounds by the said Ichabaod subscribed & agreed by him to be assured from the said month of November when said vessel was well at St. Lucia and the said Clothier & Henry further in part say that on the fifth day of January 2nd 1770 the said Sloop Elizabeth on her passage from St. Lucia . . . . arrived at Newport aforesaid on the voyage aforesaid by the Temperment of the Sea & weather was wrecked her mast sails & rigging carried overboard & her deck broken up . . . to the damage of the said Clothier & Henry as the said sum of one hundred & eighty pounds, which sall then and there be made to appear, with other due damages. And have you there his Writ, with your doings therein. Witness George Leonard, Esq. At Tauton, this second day of July in the tenth year of Our Riegn. Annoque Domini 1770."

    On the reverse Robert Treat Paine writes, "and the said Clothier and Henry agreeing to the written Reservation say that the Def. To Plea is not a sufficient answer. R.T. Paine". Below this, Adams writes, "And the said Ichabad says his plea is sufficient. John Adams."

    Ichabod Jones was a merchant of Boston who supplied the people of Machias with provisions, obtained of Admiral Graves. Jones arrived in Bristol and stored his goods calling a town meeting but refusing to name its object. At the meeting he proposed trading as formerly and to "receive pay according to contract." Only a few voted in favor of his proposal and he refused to trade with the opposing party. Knowing that Boston was invested with a British fleet and army, the town became jealous and alarmed for their rights. They proposed taking Jones and vessels by force of arms. Jones escaped into the woods and the citizens took possession of another one of Jones' boats a few miles down the Machias River. Paine was a Signer of the Declaration of Independence, and a clergyman but stopped preaching to become involved in the revolutionary movement. He was chosen as one of the prosecuting attorneys in the Boston Massacre trial and became famous in the Colonies. A delegate to the Continental Congress from Massachusetts, he was elected as the state's first attorney general, a position he held until 1790. He helped draft the Massachusetts constitution and Hancock appointed him a justice of the Superior Court. John Adams was second President (1797-1801). A lawyer and early supporter of the independence movement, Adams defended the British soldiers accused of the Boston Massacre. In the Continental Congress, he helped Jefferson and Franklin draft the Declaration of Independence, which he signed. As Washington's Vice President, he founded the Federalist Party. Elected President in 1796, his term was marked by problems, such as the XYZ Affair with France and passage of the Alien and Sedition Acts. In his retirement, he carried on an extensive correspondence, and saw his son, John Quincy Adams, elected as the sixth President. He died at the age of ninety on July 4, 1826. An amazing document signed by both Paine and Adams. Fine condition, with some spotting, toning, and edge wear. Usual folds.


    Auction Info

    Auction Dates
    October, 2007
    25th-26th Thursday-Friday
    Bids + Registered Phone Bidders: 1
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