SOLD
3,000.00USD+ buyer's premium + applicable fees & taxes.
This item SOLD at 2020 Jun 27 @ 11:46UTC-7 : PDT/MST
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American Revolution
Massachusetts Council Revolutionary War Treasurer & Fifteen Council Members Authorization of Military Payment
April 27, 1780-Dated Revolutionary War, Two-Part Partly-Printed and Manuscript Documents headed, “State of Massachusetts-Bay Council Chamber,” Signed by: “John Avery” Secretary of the Commonwealth, “Henry Gardner” Treasurer, further endorsed by Fifteen notable Council-Chamber Members, together with an Attached Manuscript Muster Roll for wages to December 31, 1779 (Two Documents), Very Fine.
Important Document Pair which includes a rare fully signed and issued Massachusetts-Bay Council Chamber Military Pay Authorization Printed Voucher measuring 9.25” x 7.5” attached together with a true copy signed by “John Avery” clerk, providing this historic regiment’s Manuscript Muster Roll measuring a slightly larger 9.25” x 9.5”, both Documents are boldly written in rich brown ink on clean fine quality laid period paper. The amount requested to be paid is £7,673 10 shillings and 4 pence, a very large amount of money in those days, for payment “to make good the Depreciation of their Wages to the 31st Dec. 1779”.
Partly-Printed Document is at top, headed: “State of Massachusetts-Bay Council Chamber, Signed by John Avery, Secretary of the Commonwealth of Massachusetts, made to Henry Gardner, Treasurer. It reads, in part: “You are hereby directed to pay out of the public Treasury of this State to The Men borne on the annexed (attached Muster) Role in Col. Nixons Regt. the sum set against each their names...”. Also, Signed by Fifteen Massachusetts-Bay Council Members including: Oliver Prescott (1731-1804) Major General of the state militia in 1778; Moses Gill (1734-1800) Acting Governor who died in office; and Artemas Ward (1727-1800) Major Revolutionary War General, among other prominent leaders. Attached to the Printed Signed Authorization form with original wax, is that related Muster Role for Colonel John Nixon’s Massachusetts Regiment which has folds and slight edge wear, some archivally sealed outer edge fold splits, overall remaining clean, easily readable and attractive.
The impressively Handwritten Muster Roll is made for Colonel John Nixon’s Massachusetts Regiment, later known as the 4th Continental Regiment. Historic note: This Regiment was first raised on April 23, 1775 being organized just Four Days After the Battle of Lexington and Concord... (Massachusetts) where its “Shot heard round the world” was fired and the American Revolution began. Colonel John Nixon commanded that Regiment from May 19, 1775 until August 9, 1776, when he was then promoted to Brigadier General. That regiment would see extensive action participating at the Battle of Bunker Hill, New York Campaign, Battle of Trenton, Battle of Princeton, and the Battle of Saratoga, the unit being furloughed on June 12, 1783 at West Point, and ultimately disbanded in New York on November 3, 1783.
Historical note: At the Battle of Bunker Hill, the 6th Massachusetts Regiment was under the command of Colonel John Nixon. It was positioned in the redoubt on Breed’s Hill near Captain Jonathan Brewer’s and Captain William Prescott’s regiments. During British General William Howe's first attack on (Breed's) Bunker Hill, Colonel Nixon was wounded and was withdrawn from the battle. The remaining members of the 6th Regiment withdrew when the redoubt was overtaken by Howe's second attack. Peter Salem, a freed African-American Slave, served in the 6th Regiment from April 24, 1775 to December 31, 1779 (his name is therefore not listed on this Signed Manuscript Document). (2 items/attached).
John Nixon (March 1, 1727 – March 24, 1815) was an American Brigadier General in the Continental Army during the American Revolutionary War. As Colonel, John Nixon commanded the 6th Massachusetts Regiment, also known as the 4th Continental Regiment, from May 19, 1775 until August 9, 1776 when he was promoted to Brigadier General.
Nixon was born in Framingham, Massachusetts on March 1, 1727 to Christopher and Mary Nixon. In 1755 he served in the Massachusetts militia during Sir William Johnson's Campaign against the French during the French and Indian War.
In 1775 Nixon had moved to Sudbury, Massachusetts, and was a Captain of the town's Minutemen whom he led at the Battles of Lexington and Concord. He and his men fought at Bunker Hill on June 17, 1775, his unit was one of the last to leave the battlefield. After the battle Nixon was promoted to Colonel of the 6th Massachusetts Regiment.
Col. Nixon's regiment was placed into Gen. John Sullivan's brigade and took part in the New York and New Jersey campaign during 1776. In August 1776, Nixon was promoted to brigadier general, and he commanded a brigade consisting of the 3rd, 5th, 6th and 7th, and 8th Massachusetts Regiments.
He led his brigade in the Battle of Harlem Heights and later in the Saratoga Campaign, when it was reinforced by Cogswell's, Gage's and Mays's regiments of Militia. Nixon's brigade was involved in the Battle of Bemis Heights in October 1777, and took part in the final assault; during this attack a cannonball passed so close to his head that his sight and hearing were affected the rest of his life. Nixon resigned his commission September 12, 1780.
General John Nixon moved to Weybridge, Vermont in 1806 and died while visiting his son in Middlebury on March 24, 1815. He was buried at a cemetery on his farm, which was later incorporated into what is now First Weybridge Hill Cemetery.
OLIVER PRESCOTT (1731–1804). Physician and militia general. Massachusetts. Born on 27 April 1731, the son of Benjamin and Abigail Oliver Prescott and younger brother of William Prescott, he was graduated from Harvard College in 1750 and built a successful medical practice in Groton, his birthplace. He was chairman of the town committee that protested the Stamp Act in 1765 and clerk of the town's committee of correspondence in 1774. He served in the militia before the Revolution, became brigadier general of the Middlesex County militia when the war started, and was promoted to second Major General of the state militia in 1778.
During the Boston siege, he was charged with setting up checkpoints to stop communication between the British garrison and pro-British sympathizers in the countryside. He held a number of important civil posts, helping to enforce the Association of 1774, serving on the Massachusetts supreme executive council from 1777 to 1780, sitting as judge of probate for Middlesex County from 1779 until his death, and playing a vital role in establishing Groton Academy. During Shays's Rebellion, he was active in recruiting and the dispatch of intelligence to the state authorities. Over six feet tall, inclined to being overweight, deaf in his later years, courtly in manner, he was a kindly and popular man. He died at Groton on 17 November 1804.
Moses Gill (1734-1800) was a Massachusetts politician who briefly served as the state's Acting Governor. He is the state's only Acting Governor to die in office. A successful businessman, he became one of the leading settlers of Princeton, Massachusetts, entering politics shortly before the American Revolutionary War. He served on the Massachusetts Provincial Congress's executive committee until the state adopted its constitution in 1780, after which he continued to serve on the state's Governor's Council.
Elected lieutenant governor in 1794, he served in that office under Governors Samuel Adams and Increase Sumner until the latter died shortly after winning reelection in 1799. Gill served an apparently undistinguished term as acting governor until his own death in 1800, ten days before his successor, Caleb Strong, assumed office. Gill was a significant benefactor and founder of Leicester Academy, and supported the congregational church in Princeton, where the family had a large estate.
Artemas Ward (1727 – 1800) was an American Major General in the American Revolutionary War and a Congressman from Massachusetts. He was considered an effective political leader, President John Adams describing him as "universally esteemed, beloved and confided in by his army and his country."
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Taxes:
| Tax | Rate | Desc. |
| CST |
8.25% |
California |
| SST |
8.75% |
San Diego County |
Buyer's Premiums:
| From (Incl.) | To (Excl.) | Premium |
| 0.00 |
Infinite |
25% |
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Early American History Auctions - Terms & Conditions of Sale
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Unless otherwise indicated in the Catalog, the Merchandise offered for sale at the Auction shall be guaranteed by EAHA to be authentic as described in the Catalog, and upon information and belief, is in full compliance with California Assembly Bill 1570; 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. Due to their unique handmade manufacture, Encased Postage Stamps are expressly subject to a thirty (30) day inspection and return period from the sale date after which there is no return whatsoever. 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 and any of its employees or officers shall be completely removed from any further involvement or responsibility.
7. Descriptions and Grading.
a. Bidder(s) acknowledge that all gradings of coin and/or currency 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), currency and other merchandise 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 Merchandise.
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f. Conservation and restoration or simply "Conservation" will be used as an active generic term to indicate professional level, quality methods having been employed to an item at some point, the exact degree and specifics will be indicated as possible. NO ITEM, having mention of CONSERVATION will be returnable for ANY reason, 30 DAYS past the date of auction, REGARDLESS OF ANY NEGATIVE COMMENTS, OF ANY TYPE, SUGGESTED BY THIRD PARTY GRADING SERVICES OR OTHERS.
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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. NEITHER EAHA NOR THE CONSIGNOR MAKES ANY REPRESENTATION THAT THE PURCHASER OF MANUSCRIPT MATERIAL, PHOTOGRAPHS, PRINTS, OR WORKS OF ART WILL ACQUIRE ANY COPYRIGHT OR REPRODUCTION RIGHTS THERETO."
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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 ANY FASHION, SIGNED OR UNSIGNED, 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."
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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 original 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.
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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.
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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.
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12. Definitions
a. The term "Absentee Bid" shall mean all Bids placed via any communication including: mail, phone, fax, email and website.
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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 or any direct buyer either physical or online.
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. "Conservation" the Professional activities including the careful examination as supported by expertise, research and education, in treatment of an item using, "any methods that prove effective in keeping or bringing that property in as close to its original condition as possible, for as long as possible."
j. The term "Consignment Agreement" shall mean the written agreement(s) between "EAHA" and a given "Consignor" available at "EAHA's" offices.
k. The term "Consignor" shall mean the owner of the "Merchandise" offered for sale by "Lot" at the Auction.
l. The term "Description" shall mean the written remarks describing the features of a Lot combined with the corresponding photograph of said Lot.
m. The term "EarlyAmerican;s website." shall mean the Internet accessible service provided by EAHA.
n. 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.
o. 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).
p. The term "Hammer Price" shall mean the successful Bid in the Auction as determined by the Auctioneer on the Auction Date.
q. 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.
r. The term "Lot(s)" shall mean the article(s) comprising the Merchandise offered for sale at the Auction.
s. 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.
t. The term "Merchandise" shall mean personal property described in the Catalog and offered for sale by Lot at the Auction.
u. The term "Purchaser" shall mean the successful Bidder at the Auction on the Auction Date.
v. 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 twenty percent (20%) of the "Hammer Price" or twenty-five percent (25%) of the "Hammer Price" if bids are placed through a third party firm including Invaluable, LiveAuctioneers and iCollector.
w. 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.
x. The term "Settlement Date" shall mean a time forty-five (45) days after the Auction Date.