on this subject, he observes: "The doubts you expressed of the prospect of carrying the regulating act into execution, have given me great uneasiness; but more so, as you do not consider it essential to the common cause, as those do who made it. For however zealous I know you to be in defence of American liberty, I never could expect you to be zealous in support of so difficult a measure, which you do not think essential to it. But I believe our political salvation depends on the execution of this law. The proposal of congress hath been, and the object of the regulating act is, to fix the price of goods at a due proportion with soldiers' wages. And they are continually taught to believe this as an encouragement for enlisting. While they are fighting in defence of our liberties abroad, they may reasonably expect, that we who remain at home, will exert ourselves in support of a law made to realize their wages. If we can neither obtain nor support an army without giving permanency to our currency, and fixing the price of goods, then every measure to effect this, is essential to the political salvation of America. This is no time to please ourselves with speculations: we must" practise. It is written in the book of nature, and should be engraved on the heart of every American, that if we do not exert ourselves in fighting against our common enemy, we shall soon be forced to do it in working for them."

He was a member of the legislature of Massachusetts, in February, 1778, and one of a committee, of that assembly, for preparing a form of civil government or constitution for the state; and is reported to have been the principal agent in preparing that instrument. It was not considered sufficiently explicit by the people, in securing their political rights; and was rejected by a large majority of the citizens.

In January, 1779, he was chosen one of the executive council; by which, together with his former appointments,

the whole of his time was occupied in public business. The council was then almost constantly in session; and the duties of his legal office were likewise arduous and required much attention. In the course of this year he was also elected a delegate to the convention, called to form a constitution for the commonwealth: and was one of the very respectable committee, which prepared and reported the excellent instrument, adopted by the people in 1780; and which is still the happy frame of the government of Massachusetts.

In the month of October, in this year, the government was organized agreeably to the provisions and principles of this constitution. Mr. Paine was early appointed attorney general of the commonwealth; and continued in that office until 1790, when he accepted a seat on the bench of the supreme judicial court. This appointment had been offered him in 1782, but he had declined it at that time, because the salary was insufficient to support his numerous family, and all the fortune he had previously acquired was sacrificed by the neglect that had arisen from his long and active career in the public service.

The peculiar duties of attorney general, however faithfully discharged, are not calculated to recommend a man to popular favour. It belongs not to his office to show mercy. On the contrary he must take care that the laws are strictly observed, and that those who violate them be duly punished. This is an ungrateful task. He cannot fail of making enemies; and seldom conciliates the esteem or good will of his fellow citizens. Mr. Paine discharged the arduous duties of this office with singular fidelity and great legal ability: and whatever appearance there might be, in his deportment, of severity or harshness, it is well known to his particular acquaintance that he possessed a great portion of the kind and humane feelings in his character. He was charitable in his judgment

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of others, and compassionate towards the afflicted and unfortunate. But of the habitually and obstinately vicious and dissolute, he was wont to speak with much indignation and severity. It has been pretended, that he was unkind and unfeeling as a parent. Never was there a more unfounded charge. No one ever did more for the improvement and happiness of his family. His children were well educated, and every effort was made on his part, to make them useful and respectable in society. But he did not allow his fondness for them to countenance any extravagance which his pecuniary circumstances would not warrant, without being unjust to others. He was domestic in his habits; a kind and faithful husband; and his family circle was the scene of unrestrained freedom and enjoyment.

He held the office of judge of the supreme judicial court, till 1804, when he had attained the age of seventy-three years. He was too infirm to go the circuits of these courts, which was a journey of several hundred miles. And his great deafness was also thought to be a disqualification for the office. He discharged, however, the important duties of this highly honourable office, for fourteen years, with great impartiality and fidelity. And he made use of his official authority and influence in favour of literary and religious institutions; which he considered essential to the support both of good morals and of rational freedom. He always urged upon the grand jurors the importance of seeing the laws duly executed, for the maintenance of schools, and of a learned ministry, in all the towns. He insisted that religious principles were a necessary foundation for uniform morality and virtue, and that the instructions of a learned clergy were requisite to preserve religion in the community.

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He was a decided friend to the constitution of the United States, which he supported both by his writings and converVOL. I.-B ↳

sations. He employed his influence in favour of the administrations of Washington and Adams; and during the critical periods of 1794 and 1799, he advocated their measures of government, which he believed essential to the interests of his country, with great zeal, energy, and abilities.

On resigning the office of judge, he was elected a counsellor of the commonwealth for 1804. Subsequently to this period, and even till his death, he retained his mental faculties in great vigour. He was intelligent, inquisitive, and judicious. His memory was remarkably lively and powerful; and he would relate, with much satisfaction, the scenes through which he passed, connected both with the dangers and prosperity of his country. In conversation with old or young, he was sprightly, communicative, and instructive. He was prone to indulge in repartee and wit; and while he allowed himself in playful severity towards others, he was not offended in being the subject of similar raillery.

Judge Paine possessed much of the peculiar spirit of the early settlers of New England. He was a patron of all useful learning, and held a high rank among the literary men of our country. He was one of the founders of the American Academy, established in Massachusetts in 1780, and was a counsellor of that learned society till his death. He received also the honorary degree of doctor of laws from the university at Cambridge.

He was a decided, firm believer in the christian revelation. He had studied its evidences, its spirit and its tendency, and was fully convinced of its divine origin. He received it as a system of moral truth and righteousness given by God for the instruction, reformation, consolation and happiness of man. If, however, it did not make us virtuous, benevolent and holy, he believed it would not eventually benefit us; but he laid little stress on speculative opinions, which have so often

been, unhappily, the occasion of bitter and disreputable contentions among professors of christianity.

Judge Paine died on the 11th of May, 1814, after having attained the age of 84 years. We will conclude this imperfect memoir, by an extract from a sermon, delivered on the occasion, by the Rev. Dr. M'Kean, before the society of which the Judge had long been a distinguished and respected member. "His intellectual, moral, and religious character, were strongly marked with sterling integrity. Uprightness eminently directed his usual course of domestic and social duty. Justice was the constant aim of his official service. Of regular and temperate habits, and cheerful temper, he was spared to a good old age. He enjoyed his faculties unimpaired to the last; retained his interest in his friends and country; its religious, civil, and literary institutions; rejoiced in its good, lamented its delusions; was impressed with its dangers, and prayed for its peace."