SOLD
19,000.00USD+ buyer's premium + applicable fees & taxes.
This item SOLD at 2013 Apr 20 @ 11:05UTC-7 : PDT/MST
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American Revolution
Original 1774 Dated Manuscript Petition Plea For Leniency For The American Colonies To King George III
December 27, 1774, A Petition to King George III, An Appeal for Leniency Toward the American Colonies, Fine.
This original two page Manuscript Document measures 12.75” x 7.75” and is Signed, “Frances Dodshon” being a petition to King George III to avoid conflict with the American colonies. The author writes, in full:
“Seek 27. 12mo 1774. Duty to God & the King Impels me to Address him in such Language as Divine Widom shall see meet to inspire - Let it seem a strange thing to thee O'King that one of thy Faithful Subjects Should be impress'd with a deep inward Travail of Spirit for thy prosperity, with that of thy Amiable Consort and your Royal Offsprint, on whose account my Knee has often been Bowed at the Throne of Grace - Give the King thy Judgements O Lord, & thy Righteousness to the Kings - I have been secretly favourd with a belief that this petition hath been accepted of him who inspired it, for he is known to the Truly dependent upon him to be a God hearing of prayers, and answering in his own time that which proceeds from the lively sensible operation of his Holy Spirit.
It was this that Qualified the Faithful Prophets plainly & weightily to address great & Powerful Kings and to disclose the mind of the Lord respecting them, and the Kingdoms which in the Course of his Providence they were permitted to govern; and it is evident from the sacred Writings that those Kings that feared God and hearkened to his messengers he never failed to Bless & prosper - Suffer me O King to inform thee of the Excercise I have Sustained for a considerable Time from a View which I have cause to believe was given by the Holy Spirit of the Alarming tendency of the Commotions that unhapply prevail in some parts of thy Dominions which if not timely & wisely suppressed will greatly I fear Involve this Nation in almost Irrepairable greivances & Troubles which I heartily wish may be rightly & Timely apprehended by those in Authority under thee and prudently avoided.
It does not seem to be my concern to enumerate the many disadvantages, this Nation must inevitably Sustain, if things should be varied to Extremities, what Lays with the greatest weight on me is the Dreafull Consequences that many attend Should the Sword be once Drawn for who can precisely determine where when or in what it may end. The painfull view given me of these important things has for some weeks past exceedingly affected me most gladly would I have divested myself of the distress it Brought and Sheltered myself under an apprehension of my inability to engage in things of so high a nature by infinite Wisdom will work by such Instruments as he sees meet - His powerful Word has been as a fire & in humble awful fear & Obedience I offer these Weighty things. O'King to thy Serious considerations, Imploring Divine Goodness to give thee a due Sence of them, and endow thee with Wisdom and Resolution to Act for thy Own and thy Subjects good and thy preservation of peace and Tranquility throughout thy Extensive Dominions - And wherein thy American Subjects may be thought blame Worthy, Suffer me O King to Intreat thee to Deal with them as a Tender Father & Compassionate Sovereign Chastize them not with Scorpions - Rebuke them but not in Anger So shall thou prevent the Effusion of Blood, The ending of a potent Empire & by Lenient Measure win and Secure to thyself their Obedience Loyalty and Affection. May God Almighty bless prosper & Direct thee is the fervent prayers of thy Faithful Friend & Loyal Subject, Frances Dodshon.”
Unfortunately for Dodshon, matters were already spiraling out of control: the final petitions for reconciliation would be placed before Parliament in February, 1775 but they would fall on deaf ears. George III approved New England Restraining Act on March 30, 1775 and Governor Gage received orders on April 14 to enforce it and to take action to prevent a more arms from falling into the hands of the rebels. This action would result in the battles at Lexington and Concord on April 19, 1775. Usual folds with light toning, else very good condition. A remarkable document that might have changed history had it found a receptive audience.
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Taxes:
| Tax | Rate | Desc. |
| CST |
7.5% |
California |
| SST |
8% |
San Diego County |
Buyer's Premiums:
| From (Incl.) | To (Excl.) | Premium |
| 0.00 |
Infinite |
18% |
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r. No Bidder shall have a right to claim any special or consequential damages from EAHA for any reason whatsoever.
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f. On cash transaction(s) exceeding Ten Thousand Dollars ($10,000), a Treasury Form 8300 must be filed.
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n. All Auction Lot Holders are for short term use and should be changed for proper long term storage.
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All Bidder(s) in the Auction acknowledge and agree, as a condition to the acceptance of a Bid by the Auctioneer, that:
a. In the event a successful Bidder fails to make payment when due, EAHA reserves the right, in its sole and exclusive discretion, to rescind the sale or to resell the Lot(s) in a commercially reasonable manner (which may include a public or private sale); it being understood that the Bidder agrees to pay for the reasonable cost of such a sale, together with any incidental costs of sale, attorney’s fees and costs, costs of the Cataloguer and any other reasonable charge(s).
b. EAHA shall have the right to offset any sums due to EAHA, and to make such offset(s) from any past, current, or future consignment(s), or purchase(s) that are in the possession or control of EAHA.
c. EAHA shall automatically have a security interest to secure any indebtedness due by a successful Bidder(s); it being understood that the Bidder consents to granting EAHA the right to file a Uniform Commercial Code “Financing Statement” to secure EAHA’s financial interest.
d. If a given invoice submitted to the successful Bidder by EAHA is not paid for in full when due per the invoice terms, the unpaid balance shall accrue penalty interest at the rate of one-and-one-half percent (1-1/2%) per month until fully paid; it being understood that in such event the penalty interest rate shall exceed the interest permitted by law.
e. Bidder agrees to pay all reasonable attorney’s fees, court costs and collection costs incurred by EAHA in attempting to collect past due invoice(s).
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6. Guarantees of Authenticity.
Unless otherwise indicated in the Catalog, the Merchandise offered for sale at the Auction shall be guaranteed by EAHA to be authentic and as described in the Catalog; it being understood that SUCH GUARANTEE SHALL BE VALID FOR A PERIOD OF THIRTY (30) CALENDAR DAYS ONLY FOLLOWING the Auction Date; it being further understood that after thirty (30) calendar days, no purchased Merchandise can be returned by a successful Bidder(s) under any circumstances; it being further understood that this limited guarantee is extended only to the original Purchaser of record, and to be effective requires the timely presentation of the original sales invoice as well as verification that the item of Merchandise is in the same exact condition as when originally sold. After thirty (30) calendar days, should any claim regarding authenticity of the Merchandise arise, at the sole discretion of EAHA, EAHA may elect to assign any rights it has against the original Consignor it may hold. It being understood and agreed that such an assignment, if granted by EAHA, shall not be considered an obligation and EAHA shall be completely removed from any further involvement or responsibility.
7. Descriptions and Grading.
a. Bidder(s) acknowledge that all gradings of coin Merchandise sold in the Auction have been determined by independent grading services, and/or by EAHA; it being understood that the successful Bidder(s) acknowledge that the grading of rare coin(s) and currency is subjective and accordingly may differ among independent grading services and among expert numismatists, and that such grading may have a material effect on the ultimate Auction value of the coin Merchandise.
b. EAHA shall not be responsible for the grade(s) assigned by independent grading services, and makes no warranty or representation regarding such grade(s). All third party graded lots are sold “AS IS” and are not returnable.
c. Lot description(s) are based solely upon an examination of the coin(s), and are not intended to describe in detail any perceived special characteristics; it being understood that Bidder(s) acknowledge that coin grading and perception(s) are inherently subjective.
d. EAHA does not warrant the accuracy of the description(s) and the photograph(s) contained in the Catalog, and that the Bidder acknowledges and agrees that the actual Merchandise offered for sale may vary in size and/or scale from any photograph(s) and/or description of the Lot in the Catalog.
e. There can be no claim that any verbal description of the Merchandise, provided by EAHA or any employee, varies and/or alters the description contained in the Catalog.
8. Disclaimer and Warranties.
All Bidders in the Auction acknowledge and agree, as a condition to the acceptance of a Bid by the Auctioneer, that:
NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE IS MADE OR IMPLIED ON ANY LOT IN THE CATALOG, AND NO WARRANTY, WHETHER EXPRESS OR IMPLIED, IS MADE WITH RESPECT TO ANY LOT EXCEPT FOR A WARRANTY OF TITLE; IT BEING UNDERSTOOD THAT ALL LOTS OFFERED FOR SALE ARE SOLD ON AN “AS IS” BASIS AND THAT THE PURCHASER CONSEQUENTLY ASSUMES ALL RISKS CONCERNING AND RELATED TO THE GRADING, QUALITY, DESCRIPTION, CONDITION, AUTHENTICITY, AND PROVENANCE OF A GIVEN LOT.
9. Waiver and Release.
All Bidders in the Auction acknowledge and agree, as a condition to the acceptance of a Bid by the Auctioneer, that:
BIDDER EXPRESSLY WAIVES AND RELEASES, AND FOREVER DISCHARGES EAHA FROM ANY AND ALL CLAIMS, RIGHTS, DEMANDS AND CAUSE(S) OF ACTIONS AND SUIT(S), OF WHATEVER KIND OR NATURE, INCLUDING, BUT NOT LIMITED TO, CLAIM(S) BASED UPON AUCTIONEER’S NEGLIGENCE, WHETHER IN LAW OR EQUITY OR WHETHER KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, WHICH BIDDER MAY CLAIM TO HAVE WITH RESPECT TO AND/OR ARISING OUT OF, OR IN CONNECTION WITH ANY CHALLENGE TO ANY MERCHANDISE PURCHASED AT THE AUCTION, THE AUCTION PROCEDURES, OR THE PURCHASE OF ANY LOT(S); IT BEING THE INTENTION THAT THIS WAIVER AND RELEASE SHALL BE EFFECTIVE AS A BAR TO EACH AND EVERY CLAIM, DEMAND, CAUSE OF ACTION AND/OR SUIT OR CONTROVERSY THAT MAY ARISE HEREUNDER OR BE RELATED TO THE AUCTION
ALL BIDDER(S) BY SUBMITTING A BID IN THE AUCTION KNOWINGLY AND VOLUNTARILY WAIVE ANY AND ALL RIGHTS AND BENEFITS OTHERWISE CONFERRED UPON THE BIDDER BY LAW OR BY THE PROVISION(S) OF SECTION 1542 OF THE CALIFORNIA CIVIL CODE, WHICH READS IN FULL AS FOLLOWS:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
10. Disputes.
All Bidders in the Auction acknowledge and agree, as a condition to the acceptance of a Bid by the Auctioneer, that:
a. If a dispute arises concerning ownership of a given Lot that has been Bid upon or concerning proceeds of any sale, EAHA reserves the right to commence a statutory Inter-Pleader or similar proceeding at the expense of the Consignor and successful Bidder and any other applicable party, and in such event shall be entitled to its reasonable attorneys’ fees and costs.
b. Neither EAHA nor any affiliated or related company shall be responsible for incidental or consequential damages arising out of any failure of these General Terms and Conditions, the Auction or the conduct thereof and in no event shall such liability exceed the Purchase Price, premium, or fees paid.
c. If the Bidder fails to comply with one or more of these General Terms and Conditions, then, in addition to all other remedies which it may have at law or in equity, EAHA may at its sole option either rescind the sale, retaining all payments made by Bidder as liquidated damages; it being recognized that actual damages may be speculative or difficult to compute, or sell a portion or all of the Lot(s) held by EAHA, in a quantity sufficient in the opinion of EAHA to satisfy the indebtedness, plus all accrued charges, and EAHA may sell such portion at an Auction or private sale conducted by EAHA and charge a seller’s commission that is commercially reasonable. More than one such sale may take place at the option of EAHA. Notice of the sale shall be by U.S.P.S. Mail, Return Receipt Requested to the address utilized on the Bid Sheet, Auction Consignment and Security Agreement or other last known address by EAHA. The proceeds shall be applied first to the satisfaction of any damages occasioned by Bidder’s breach, then to any other indebtedness owed to EAHA, including without limitation, commissions, handling charges, the expenses of both sales, reasonable attorneys’ fees, costs, collection agency fees and costs and any other costs or expenses incurred.
d. It/he/she shall be liable to EAHA if the proceeds of such sale(s) insufficient to cover the indebtedness.
e. The rights granted to the Bidder(s) under the within General Terms and Conditions are personal and apply only to the Bidder(s) who initially purchase the Lot(s) at the Auction, and no rights may be assigned or transferred to any other person or entity, and any attempt to assign or transfer any such rights shall be absolutely void and unenforceable.
f. Any dispute arising out of or related to these General Terms and Conditions, the Auction or any Lot, with the sole exception of actions by EAHA to collect the purchase price and other damages, shall be submitted to binding Arbitration with the venue of all hearings to be in San Diego and pursuant to the rules of the American Arbitration Association and/or the Professional Numismatics Guild (“PNG”) at”EAHA’s exclusive option.
11. Miscellaneous Terms.
All Bidders in the Auction acknowledge and agree, as a condition to the acceptance of a Bid by the Auctioneer, that:
a. These General Terms and Conditions and the Auction shall be construed and enforced in accordance with and governed by the laws of the State of California, regardless of the location of the Auction.
b. These General Terms and Conditions, and the information on EAHA’s website, constitute the entire Agreement between EAHA and the Bidder(s) and supersede all other agreements, understandings, warranties and representations of and concerning the Auction and subject matter hereof.
c. EAHA will not be responsible for damage due to irradiation by the U.S. Post Office.
d. If any part of these General Terms and Conditions, or any term or provision of any part is held to be invalid, void, or unenforceable by any court of competent jurisdiction, the remaining portion(s) shall remain and be in full force and effect.
12. Definitions
a. The term “Absentee Bid” shall mean all Bids placed via mail, phone, fax, email and website.
b. The term “Auction” shall mean an auction authorized and conducted under the auspices of “EAHA” and under these General Terms and Conditions.
c. The term “Auction Date” shall mean the date the Auction is conducted.
d. The term “Auctioneer” shall mean an individual(s) duly licensed and designated by “EAHA” to conduct the Auction.
e. The term “Bid” shall mean a bona fide Bid made by a “Bidder” which is officially acknowledged and accepted by the Auctioneer at the Auction on the Auction Date.
f. The term “Bidder” shall mean an individual or entity that submits a legally binding and bona fide Bid to the Auctioneer at the Auction.
g. The term “Catalog” shall mean the official publication issued by EAHA and transmitted to potential Bidder(s) in advance of the Auction.
h. The term “Cataloguer” shall mean the individual(s) that has described the “Lot(s)” contained in the Catalog for the Auction.
i. The term “Consignment Agreement” shall mean the written agreement(s) between “EAHA” and a given “Consignor” available at “EAHA’s” offices.
j. The term “Consignor” shall mean the owner of the “Merchandise” offered for sale by “Lot” at the Auction.
k. The term “Description” shall mean the written remarks describing the features of a Lot combined with the corresponding photograph of said Lot.
l. The term “LiveAuctioneers” shall mean the Internet accessible service provided by Live Auctioneers, LLC of New York, NY.
The term “iCollector” shall mean the Internet accessible service provided by iCollector Online Auctions Port Coquitlam, British Columbia, Canada.
The term “ArtFact” shall mean the Internet accessible service provided by Artfact, LLC., Allston, MA 02134.
m. The term “EAHA” shall mean collectively Early American History Auctions, Inc. and/or any subsidiary or affiliated entity and/or Officer(s), Director(s) and/or employee(s) of EAHA.
n. The term “Fair Market Value” shall mean the sale price a given Lot is expected by the Cataloguer to realize at the Auction from the Bidder(s).
o. The term “Hammer Price” shall mean the successful Bid in the Auction as determined by the Auctioneer on the Auction Date.
p. The term “Holder” shall mean the original frame, container, case or clear plastic sleeve, labeled with the “Lot” number, in which the “Merchandise” is delivered by the Consignor to the successful Bidder at an Auction.
q. The term “Lot(s)” shall mean the article(s) comprising the Merchandise offered for sale at the Auction.
r. The term “Low Estimate” shall mean the low range of the sale price that a Lot is expected by the Cataloguer to realize at the Auction.
s. The term “Merchandise” shall mean personal property described in the Catalog and offered for sale by Lot at the Auction.
t. The term “Purchaser” shall mean the successful Bidder at the Auction on the Auction Date.
u. The term “Purchaser’s Premium” shall mean the commission that is automatically charged by “EAHA” to each successful Bidder at the Auction in a sum equal to eighteen percent (18%) of the “Hammer Price”.
v. The term “Reserve” is a confidential price below which the Auctioneer will not sell a given Lot, and/or will re-purchase on behalf of the Consignor or EAHA.
w. The term “Settlement Date” shall mean a time forty-five (45) days after the Auction Date.