SOLD
4,000.00USD+ buyer's premium + applicable fees & taxes.
This item SOLD at 2017 Jan 28 @ 12:42UTC-8 : PST/AKDT
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Black History
Slavery Archive with Four Items Concerning “Richard” a Slave Belonging to John McLean who was then serving as United States Supreme Court Associate Justice !!!
Archive of Four Documents, Dated 1823-1828, Concerning Richard, A Slave Belonging to John McLean who was a serving Associate Justice of the United States Supreme Court (1829-1861), Fine to Very Fine.
On November 11, 1823, four weeks before he became Postmaster General in the Cabinet of President James Monroe, Commissioner of the U.S. General Land Office, John McLean, hired a Slave named Richard from Washington Bowie (1776-1826), a wealthy Georgetown merchant. Bowie later sold the Slave Richard to William S. Nicholls, who later sold him to John McKean in 1828. John McLean served as Associate Justice of the Supreme Court from 1829-1861. This remarkable Slavery Related Archive of these Four (4) Items:
1. Manuscript Document, 1 page, 8” x 7”. [Washington, 1823]. Minor defects at perimeter, Fine. It reads, in full: “Jno McLeane [sic] Esqr. Dr. To Washington Bowie. 1823 Novr 11th. To hire of sevant [sic] Richard from 26th June to date 4 1/2 mos. Less time called off to nurse my son say ½ mo. 4 @ 8$. $32. Off for cloathing [sic] furnished.”
2. John McLean, Autograph Statement Signed, “McLean” within the text, 2 pages, 8” x 9.75”, front & verso. (Washington, D.C., 1823-1826), Fine. McLean lists clothing he gave to Richard before Nicholls bought him from Washington Bowie. It reads, in full: “The following items have been furnished me by Mrs McLean as clothing given to Richard before Mr Nicholls purchased him.” John McLean lists the following, with prices, “Cash, 1 pair of pantaloons, 3 Shirts, 1 Suit of Clothes, Cassinet, Cash pd to Taylor for making the suit of clothes,” totaling $26.66¼ to which he added “2 pair of shoes 3.00” with new total of $29.66¼. McLean continues, “Under the circumstances that Mr Bowie intended to give Richard his time to Clothe him I gave him in cash $6. [McLean has added the $6.00 for a new total of $35.66¼ ] Whether this was before Mr. Nicholls purchased him or not I do not recollect. I was under the impression that there was that amt due for his wages & it was paid. By refering to the bills, I could give the dates of the purchases – but they were made sometime before Mr Nicholls purchased Richard. The clothing was all good, or the greater part of it, when Mr Nicholls purchased the boy – the $6 I gave him, was about the time of the purchase. Under the circumstances I am willing to pay Mr Bowie whatever is proper and Mr Nicholls & Mr Bowie may determine the amt and Mr N. will oblige me by paying it.”
3. July 12, 1828-Dated, William S. Nicholls, Autograph Letter Signed, “W.S. Nicholls,” 1 page, 8” x 7”, at Georgetown, D.C., Fine. Tear in blank area from fold, with Integral Leaf (seal tear) addressed by Nicholls to “Honb. John McLean / Post Master General / Washington City.” Postmarked “Geoe.Town D.C. Jul 13” and “Free.” It reads, in full:
“If perfectly convenient to you (and not otherwise) I shall be glad to have the amt due me for Richard – I have made up the a/c to this time, & Send you included the bill of sale, from Mr. Bowie with my assignment upon the same. I hope he has been a dutiful Servant & may continue to serve you. Faithfully very respectfully I am Dr Sir your ob Sert W.S. Nicholls.” In the upper portion of this page, William S. Nicholls has penned, in full, “John McLean Esqr To W.S. Nicholls Dr. 1823 Nov. 11. Negro Man named Richard $500.= bot by Me from W. Bowie. Interest from the 11th Nov 1823 to 11th July 1828 – 4 years & 8 mos. $140 // $640.” Computations in lower left.
4. July 15, 1828-Dated, William S. Nicholls, Autograph Letter Signed, “W.S. Nicholls,” 1.5 pages, 8” x 9.75”, front & verso, at Georgetown, D.C., Fine. Minor nicks at right edge. Integral Leaf (seal tear) addressed by Nicholls to: “Honble. John McLean / Post Master General / Washington City / Mail.” Postmarked, “Geoe.Town D.C. Jul 16” and “Free.” Docketed by McLean on address leaf: “Conveyance for / Richard.” It reads, in full:
“Your favor of the 14th Inst is recd – I were [sic] not aware that we had fixed the price of Richard at 400$ = I recollect that, in a conversation, with you previous to my purchasing Richard, that you mentioned 400$ as the sum you would be willing to give, provided I made the purchase – as it was expected, he could be had for that sum – I assure you most positively that I paid 500$ for him & there cannot be a doubt of it = but notwithstanding, if the price was fixed at 100$ [sic, 400$] I should not now expect, or charge you more than I agreed fore – Mr. Bowie considered he gave me a great bargain at that time, - as house Servants Sold very high – Sometime after the purchase was made by me from Mr B. I recollect, you mentioned it was probable that you might wish to return to Ohio & in that event, you did not wish to own Slaves & that I agreed to make the Sale, or take him back, whichever might be most agreeable to you, - but as you are certain that we had fixed the price at 400$ I shall be satisfied to let it be so, - although I paid more, - I wish no more than I agreed for, - and if I had supposed that we had named 400$, I certainly should not have charged more in the a/c – I will call & see you the first time I come to your part of the City – in the mean time, I hope you will not put your self to any trouble, or inconvenience in this matter, as you can take your own time to settle it. With great respect I am Sir your Ob Svt. -- (Signed) W.S. Nicholls.”
In December of 1825, “The National Intelligencer” newspaper published the following ad: “W. S. Nicholls, Georgetown. I want to purchase a servant boy, from 17 to 20 years of age, to wait in my family. For one of good character for honesty and sobriety, I will give a liberal price.”
The records of the American Colonization Society, founded to “return” Free African Americans to Africa, show that on January 6, 1840, in the Presbyterian Church, Georgetown, D.C., Rev. Mr. McKenney collected a donation from “Mrs. W. S. Nicholls $5.”
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California |
| SST |
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| 0.00 |
Infinite |
24% |
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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 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. 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 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) 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.
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g. There can be no claim regarding any item subsequently submitted to any certification service, including any non-certified (Raw) item once the initial inspection and return period has expired.
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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.
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.”
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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 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.
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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.
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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. “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 “www.EarlyAmerican.com” 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.com and LiveAuctioneers.com.
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.