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18th Century Resources

Robert Treat Paine

Massachusetts, (1731-1814)

 

 

Robert Treat Paine was born March 11, 1731 nearby Old South Church, Boston,  where his ancestor, Reverend Samuel Willard was the first minister. Paine was born from a line of ministers, including his own father, Reverend Thomas Paine. In addition to numerous early colonial ministers and settlers Paine’s impressive pedigree also includes Stephen Hopkins, a passenger on the Mayflower, William the Conqueror, Alfred the Great and numerous nobles including many barons of the Magna Carta.

Robert Treat Paine’s impressive lineage may have translated into superior academic abilities but, unsurprisingly, the line of Congregationalist ministers left nothing in terms of familial wealth. Robert Treat Paine finished the Boston Latin School at the top of his class before attending Harvard College at the age of fourteen. Little is recorded of his undergraduate studies, but it is known that during his studies Paine lived with the college chaplain, Reverend Nathaniel Appleton and graduated in 1749. During this time Robert’s father, Reverend Paine, left the ministry in favor of the mercantile industry. Unfortunately, his financial troubles closely coincided with his son’s college graduation. Robert sought work immediately as a full time schoolteacher. Continuing the family tradition, Robert then turned his attention to his religious education. For an underdetermined length of time Robert Treat Paine simultaneously studied theology and ran a Boston-area school.

Following the completion of his theological studies, Robert Treat Paine became a Congregationalist minister. Most accounts agree that for at least a short time, Robert Treat Paine preached as a full-time minister. In 1755, during the French and Indian War, Robert Treat Paine left his congregation to serve as a military chaplain. He ministered to the troops during the Crown Point Expedition to New York.

Shortly later, Paine began traveling. Some sources claim that he traveled to improve his health, while others say that he traveled as a merchant marine. These travels are said to include sails to the Carolinas, England, Spain and Greenland. It is likely that he traveled as a merchant marine, because, unlike many other Signers, Robert Treat Paine did not come from a wealthy family. Many accounts of his life describe Paine’s efforts and successes despite his financial limitations. Robert Treat Paine was a resourceful man and his work ethic was described by Rev. Charles A. Goodrich as an, “honorable trait in his character.”

Upon his return to the colonies, Robert Treat Paine began pursuing his legal interests. He moved to New York to study under Benjamin Pratt. Once again he financially supported himself by teaching while he performed his legal apprenticeship. In 1857, Paine was admitted to the Massachusetts Bar and shortly after he established his legal practice in Taunton. He married Sally Cobb on March 15, 1770 and the couple had eight children. His son, Robert Treat Paine Jr. was a talented writer and Federalist copywriter.

Unfortunately, Robert Treat Paine and his son, Robert Treat Paine Jr. had a falling out when the son married an actress against his father’s wishes.
While there is little notable information regarding his early legal practice, Robert Treat Paine was respected as a fair man with an admirable dedication to his community. This dedication is evident in Paine’s early involvement in the patriot movement.  In 1768, for example, Robert Treat Paine acted as Taunton’s delegate at a meeting in Boston. This meeting was held to address Governor Bernard’s dissolution of the general court. Despite the governor’s efforts to prohibit such a meeting, the delegates remained for several days, discussing their grievances with the local government. This meeting served as an early warning that the Boston area colonists would act in their own best interests even when their interests stood at odds with those of their leaders. At that time, Paine did not believe that separation from England would be necessary, but his participation in the meeting demonstrated his support of colonial rights.

Only two years after this historic meeting, events in Boston ignited the passions of all of the colonists. On March 5, 1770 a verbal exchange between a British soldier named Captain Lieutenant John Goldfinch and a colonial apprentice Edward Garrick, took place on King Street. This argument heightened tensions between the colonists and soldiers and led to physical exchange later that afternoon, when Garrick returned to King Street with supporters. The angry group directed all of their frustration at the first British soldier that they came into contact with, a soldier by the name of Hugh White. Along with their insults, the colonists also hurled snowballs and oysters. White retaliated by striking Garrick on the head with his musket.
As passersby joined the scene to form a crowd nearly four hundred strong, nearby British soldiers including Captain Thomas Preston arrived to address the very real prospect of a riot. Some witness accounts claim to have heard the word “Fire!” uttered by the British, but the claim is unsubstantiated. All that is known is that moments after shots were fired, eleven colonists had been injured. Three of these individuals died instantly and two died shortly later. The “Boston Massacre” was an incendiary event in the timeline leading to the American Revolution and the riotous atmosphere that provoked the British soldiers to fire made it clear that subsequent violence was a genuine possibility.

The resulting trial proved not only a trial of guilt/innocence but also of colonial judiciary competence. Both the colonists and the crown were under a great deal of pressure in respect to the trial. The colonists were perfectly reasonable to believe that if the violence escalated the British would react in kind. The British, on the other hand, wanted to maintain the guise of impartiality when trying the soldiers because they did not want to incite further anger from the colonists. For both sides, putting on the trial required a great deal of delicacy and diplomacy. John Adams led the defense team for the British soldiers despite his belief that war was inevitable. Robert Treat Paine, who did not yet believe that war was the answer, led the prosecution on behalf of the crown.

During the course of the trial Paine expressed the opinion that that the core disputed issue was whether or not the British Parliament could legally quarter an army in a town without its consent, as the Quartering Act of 1765 mandated. Paine’s arguments proved prescient, given that the third amendment to the later ratified constitution states that, “no Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.” Even though Robert Treat Paine was already a well-known attorney he made a public name for himself during the course of the Boston Massacre trial.  Reverend Goodrich claims that, from the limited court transcripts in existence, "it appears that [Paine] 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."  He was well respected for his efforts, even though Captain Preston was acquitted and the other men on trial were either acquitted or convicted of manslaughter. In the end, the events surrounding the Boston Massacre were hugely influential when it came to the development of the colonial spirit and desire to breakaway from England.

After the trial Robert Treat Paine because even more involved in the colonial cause. Between 1773 and 1775 Paine represented Taunton in the Massachusetts General Court, a group that advocated a colony-wide meeting to discuss colonial grievances. In 1774, Robert Treat Paine attended the first Continental Congress. He was among the members that were hesitant to cut ties entirely with their mother country. Paine hoped that the formation of a Continental Congress would show the British a united colonial front, thereby leading them to negotiate. Paine strongly believed that peace could be maintained and in 1775 he signed the Olive Branch Petition, allowing for a final effort at communication with the King of England. The Olive Branch Petition did not reduce the friction between England, in fact, its rejection by King George III proved to be a turning point for the colonists. Many who had been on the fence about the prospect of war realized that the king would not negotiate and that without action there would be no change. Paine may not have been among the original supporters of war with England, but after the rejection of the Olive Branch Petition he acknowledged its inevitability.

Robert Treat Paine was a vocal and involved member of the Continental Congress-often to the chagrin of those around him. Paine was nicknamed the “Objection-Maker,” by Benjamin Rush, because, according to Rush, Paine, “seldom proposed anything, but opposed nearly every measure that was proposed by other people.” Whether or not he gave excessive objections or “seldom proposed” anything, Robert Treat Paine was indeed a valuable member of the Continental Congress. During this time Paine kept a very succinct diary. In the days leading up to the vote he cast for independence on July 2, 1776 Paine wrote:

July 1, Fine showers
July 2, Rain'd hard Cool'd the air much
July 3, Cool day
July 4, The Independance of the States Voted & declared. Cool.

Despite the brevity with which he recording his daily musings, Robert Treat Paine was an eloquent and articulate writer whose letters provide a deeper understanding of his feelings regarding the importance of the colonies fighting for independence.  In a letter to his friend Joseph Palmer, Robert Treat Paine writes:

The day before yesterday the declaration of American independency was voted by twelve colonies agreeable to the sense of the constituents, and New-York was silent, till their new convention (which sits next week) express their assent, of which we have some doubt. Thus the issue is joined; and it is our comfortable reflection, that if by struggling we can avoid the servile subjection which Britain demanded, we remain a free and happy people; but if, through the frowns of Providence, we sink in the struggle, we do but remain the wretched people we should have been without this declaration. Our hearts are full, our hands are full; may God, in whom we trust, support us.

In the ensuing bid for independence, Robert Treat Paine was especially useful as a militarist. A specialist in Military and Indian Affairs, Paine was also an instrumental presence on the committee that pressed for the manufacturing of gunpowder for the colonists. Paine engaged in lengthy correspondence with manufacturers regarding the availability of gunpowder. In one letter, dated September 26, 1776 , Paine wrote “I wish the Inhabitants of the United States were more intent upon providing and manufacturing the Means of defense, than making Governments with providing for the means of their Support.” He was successful in his efforts and he ensured the colonists were well equipped to fight against the well-funded British army.

Following the conclusion of the war, Robert Treat Paine remained involved in the government, particularly at the state level. Between 1773 and 1778 (except for 1776) he served in the Massachusetts legislature and in 1777 he was the speaker of the lower house. In 1778, Paine worked to address the depreciation of the continental currency. The following year Paine served on the Executive Council of Massachusetts, during which time Paine also assisted with the in the drafting of the state constitution. In addition to his political involvements, Paine was active in civic affairs. A strong proponent of education, Robert Treat Paine is said to have had “few superiors” when it came to “quickness of apprehension, liveliness of imagination, and general intelligence.” His commitment to education and “imagination” is evident in his involvement in the founding of the American Academy of Arts and Sciences, in 1780. The group’s original mission states that the Academy’s desire is, “to cultivate every art and science which may tend to advance the interest, honor, dignity, and happiness of a free, independent, and virtuous people."

Around the time of the Academy’s founding, Robert Treat Paine moved from Taunton to Boston. Shortly after he became the state’s first Attorney General. In 1783, Paine was offered a place on the Supreme Court bench, but Paine declined, opting to retain the position of Attorney General. Paine eventually accepted Governor John Hancock’s offer and he took his place as an associate on the state Supreme Court in 1790. As a jurist, Paine demonstrated a strong moral character as well as very high expectations. He was known for “unnecessary severity” in the cases involving hard-hearted criminals, but “tenderness” in the instances “where crime was followed by repentance” Overall, Paine was an incredibly well respected attorney and judge. Paine retired from the bench in at the age of 73 due to problems relating to his increasing deafness. His final public post was Counselor of Massachusetts in 1804.

Robert Treat Paine enjoyed a peaceful retirement and died in 1814. He is buried in the Granary Burying Ground in Boston only a few feet from his birthplace. On November 15, 1904 a sculpture of Paine, created by Richard Brooks, was dedicated on Taunton Green.

Brigette V. Henk
DSDI
 

Sources
Barthelmas, Della Gray, The Signers of the Declaration of Independence,(  ,1997)

Biographical Directory of the United States Congress:

http://bioguide.congress.gov/scripts/biodisplay.pl?index=P000029

Delegates to Congress . Letters of delegates to Congress, 1774-1789, Volume 4, May 16 1776-August 15 1776.

Letter to Joseph Palmer. Electronic Text Center, University of Virginia Library

Delegates to Congress . Letters of delegates to Congress, 1774-1789, Volume 4, May 16 1776-August 15 1776.
 
Letter to Samuel Phillips Jr. Electronic Text Center, University of Virginia Library

Ferris, Robert and Morris, Richard. The Signers of the Declaration of Independence. National Park Services, (Interpretive Publications. Flagstaff, AZ, 2001.)

http://www.amacad.org/about.aspx

Goodrich, Rev. Charles A. Lives of the Signers to the Declaration of Independence, 1829. (Internet ref.: http://www.ColonialHall.com  : Biographies of the Founding Fathers.)

http://www.ushistory.org/declaration/signers/paine.htm