NOT SOLD (BIDDING OVER)
0.00USD+ applicable fees & taxes.
This item WAS NOT SOLD. Auction date was 2020 Nov 18 @ 18:03UTC-08:00 : PST/AKDT
Pair of diaries from 1863 and 1865 by Harrison S. Sours of the 42nd (Co. B), and 96th (Co. E), Ohio Infantries, with a dizzying amount of battle content, especially in the 1863 diary. Sours acted as Orderly in the 42nd Ohio, with his diaries reflecting a disciplined, no-nonsense soldier reporting on battles, troop movements, picket duty, marches, etc. Sours begins 1863 as he would many days that year, writing on 1 January, ''Retreated from the battlefield'', referring to the Battle of Chickasaw Bayou, which he covered in the last few days from 1862 as well. In late December 1862 he writes, ''run up the Yazoo River for 10 miles and landed the 28 skirmishing the same day attacked the enemy on the 28 heavy fighting on the 29th fighting on the 30th''. From 10-16 January 1863, the Battle of Arkansas Post is documented by Sours, ''Landed for battle some firing done...Took the fort, took 8 Reg 600 miles 2 batteries and other musters and a lot of cattle 7 or 8 reg of rebels...Took one regiment of rebels...Pitched tents on battleground...Weather cold and snowing all day. Captured twelve hundred rebels and a lot of mules...burning the rebels property on the battlefield...''
In late January through February 1863 Sours writes about picket duty, capturing rebel property and the deaths of three soldiers, even documenting their time of death: ''Monday 16 [February] - Jasper N Richards died at 8 o clock pm...Friday 20 - George T Parker died at 5 o clock pm...Monday 23 - S Mood died half past ten am''. Cannoning from Vicksburg is constantly heard, and then ''4 men shot on picket at brig'' before skirmishing begins just before the Battle of Port Gibson. On 21 April he writes, ''our pickets fired into by the rebs wounding one man in the thigh'' and then on the 26th, ''several gunboats run the blockade at Vixburg'' and the 28th, ''the troops took the boats and landed in sight of the rebels, fortification at grand gulfour men fired several guns''.
From 29 April-8 May 1863 Sours writes about the Battle of Port Gibson and its aftermath: ''The blockade at Vixburg attack of grand gulf, 7 gunboats engaged in the fight, engaged some 8 hours 12 men killed and a number wounded, the boats run the blockade in the knight several boys killed...Crossed the Mississippi in the morning marched part of the day and at knight, opened fire at 7 o clock in the morning...The ball was opened at 7 o clock in the morning, a great many killed and wounded, Co B 2 killed and wounded the battle lasted till 5 in the evening...Marched from the battlefield to the Fort cannonading in the afternoon...Marched from the fort g lyon 11 miles first time driving the rebels, Co B out skirmishing...The regiment left camp by daylight and marched 10 miles and fell into line of battle, took a lot of rebel prisoners 2 rebels killed...in the morning took several prisoners...The 42 Reg moved their position into line of battle, the rebs tried to cross the Black river...a nigger regiment came into camp''.
Less than a week later, the Battle of Raymond begins on 13 May 1863, ''Marched 8 miles and stop, ordered out at 11 o clock at knight and marched 5 miles to Raymond and stop, battle of Raymond...Co B as skirmishers, the Reg fell 8 miles and turned to the left, the ball opened...the 42 Reg fell out for a calvary dashed the pickets attacked, Company B out a skirmishing returned to camp...'' The very next day - on 16 May 1863, the Battle of Champion Hill takes place: ''Left camp by daylight the ball opened by 9 o clock, we driving the rebs for miles many lives lost on both sides, advanced 10 miles to Edwards Station at the railroad'', and then the day after that - on 17 May, Sours fights in the Battle of Big Black River Bridge, ''marched to Black Oliver where a tremendous battle took place, drove the rebels across the river, I was detailed for building a bridge by knight across the river''.
The first assault on Vicksburg begins on 18 May, with Sours writing, ''Commenced crossing the river in the morning and advanced toward Vixsburg''. From 19-21 May he writes, ''Left camp in the morning and advanced several miles when another battle took place close to Vixsburg fighting all day and firing all knight...The battle commenced again early in the morning fighting all day, the weather very hot heavy cannonading by knight...The ball opened early in the morning and continued firing by cannon and musketry, cannonading by knight...'' The 2nd assault on Vicksburg takes place from 22-28 May, with Sours documenting each day of fighting: ''Still a fighting, charged towards their forts gained one fort, the rebs retaken the fort again, the loss heavy...shelling the city by knight...Fighting all day and bombarding the city by knight, holding our ground, on picket...Still a fighting, cannonading and musketry firing all day, the weather very hot...Still a fighting the rebels came out with a flag of truce when afterwards the ball was opened again...Fighting all day...we expected the rebs to attempt to break out...Still a fighting, part the regiment on picket at knight...Fighting as usual...''
The 42nd Ohio settles in for the long Siege of Vicksburg, with Sours writing on 30 May, ''Company B and G on picket in the fore part the knight and digging entrenchments in the later part of the knight''. He continues on 31 May, ''Bombarding the enemy very heavy in the morning at 4 o clock''. Beginning 1 June 1863, Sours writes ''Still a seiging the enemy'', and continues writing ''Seiging the enemy'' nearly every day throughout June, with some fighting on the 12th through 16th: ''Heavy firing on both sides...Seiging the enemy took 150 rebs prisoners...Seiging as usual, the rebs opened their fire on us...Sieging as usuel the enemy opened a heave fire on us in the evening''.
On 3 July 1863, Sours writes about the taking of Vicksburg, ''The rebs came out with a flag of truce for the purpose of surrendering, Vicksburg surrendering at knight'', and then on 4 July, ''The troops marched into Vicksburg and took posesion of the City, battle near the yazoo river...'' The 42nd Ohio then marched towards Jackson, Mississippi in the Jackson Expedition, skirmishing along the way, ''skirmishing on the way took a lot of rebel prisoners...We resumed our march some 6 miles of Clinton and fell into line of battle, skirmishing on the way took a lot of prisoners...skirmishing on the way took a lot of prisoners...''
They arrive at Jackson on 10 July to settle in for the Siege of Jackson, before taking the city on 16 July. Sours writes during this time, ''Left early in the morning and marched near to Jackson and fell into line of battle, the ball opened early in the morning Co B as skirmishers...The rebs attempt to charge through our lines heavy firing on both sides, Co B as skirmishers our line moved further to the right...Heavy firing on both sides the 42 having 3 men wounded, the weather very hot, took some rebel prisoners...Heavy firing on both sides Co B out skirmishing in the day time and our picket at knight, Capt Potter Co B wounded in the left shoulder...Heavy firing on both sides, the rebs came out with a flag of truce, they tried to drive us back, I was on picket at knight...I returned from picket, heavy firing on both sides...the rebs made 3 charges on our line but were repuls [repulsed] each time, Jackson evacutes...I was off with the train for rations our army took posession of Jackson, captured 400 prisoners in the City and a lot beyond the City...The 2 Brigade returned from destroying the railroad...'' For the rest of 1863 Sours writes about being reviewed by General Grant, sporadic skirmishing with some of the men taken as POWs, and also an election for Ohio Governor in which Clement Vallandigham received only six votes in the whole regiment.
After the 42nd Ohio was mustered out in 1864, Sours transferred into the 96th Ohio Infantry, Co. E, where he saw action during the Mobile Campaign, even fighting to take Mobile after the war officially ended. On 26 March 1865 he writes that the regiment is encamped ''within 8 miles of the Spanish Forts'', and then the next day the Battle of Spanish Fort begins, ''Our line was formed at an early hour and attacked the rebel pickets in the morning and opened fire on the Forts between 10 and 11 o clock, firing kept up all day I was with Co E on the skirmish line all day...'' For 12 consecutive days the fighting continues, with Sours writing from 28 March-8 April, ''Building forty [fortifications] in front of our regiment firing kept up all day...Firing kept up all day...Firing kept up all day the rebels making a point to break our lines at knight...Tremendous assault on the Forts through our line, Co E in front on the skirmish line the rebels tried to storm us out...Ft Spanish Ala, I dug in the skirmish rifle pitt by knight firing was kept up all day...218 rebel prisoners passed our camp on their way to the boat landing...Ft Spanish Alla, Firing kept up all day...I was on the skirmish line tremendous heavy cannonading along our entire line hot work...firing kept up all day I dug in the trenches...I dug in the trenches firing kept up all day...Firing kept up all day...Firing kept up all day I dug in the trenches all knight, the rebels evacuated the Forts, our men took possession of the forts near midknight...''
Not a day's rest was given to the men, as they were tasked with taking Fort Blakely the next day on 9 April 1865, in the Battle of Fort Blakely, ''Left Spanish Ft and marched to Blakely 10 miles distance and was drawn up into line of battle at 5 am and Steeles forces were at the same time charging the Blakely Forts and carried them, we encamped right on our line...'' The next day he writes, ''Blakely Ala, the rebel prisoner were engaged in digging up their torpedoes, one was killed by one...'' Sours ends his service in the war with a final skirmish in the last part of the Mobile campaign, fighting at Whistler's Station on 13 April, three days after Robert E. Lee's surrender: ''Mobile Alabama, We took up the line of march at on early hour in the morning and marched through the City and 7 miles beyond and had a skirmish with the rebels at Whistler Station drove them off and captured the station 65 locomotives and a lot cars I dug in the rifle fitt at knight...''
An impressive set of diaries by a soldier with a strong sense of duty and discipline, with entries recorded in both pencil and ink, nearly every day completed. Each diary measures approximately 3'' x 5'', bound in leather with a flap reading ''Diary 1863'' and ''Diary 1865'' in gilt. Very good condition, with full transcriptions included.
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We discourage consignors from bidding on their own lots or property, and if they become the winning bidder will be required to pay BOTH the buyer's and the seller's commission.
Estimates. In addition to descriptive information, each item in the Catalog sometimes includes a price range which reflects opinion as to the price expected at auction (the "Estimate Prices"). In other instances, Estimate Prices can be obtained by calling Nate D. Sanders Auctions at (310) 440-2982. The Estimate Prices are based upon various factors including prices recently paid at auction for comparable property, condition, rarity, quality, history and provenance. Estimate Prices are prepared well in advance of the sale and subject to revision. Estimates do not include the Buyer's Premium or sales tax (see under separate heading).
Failure to comply with Terms and Conditions. Failure of the Bidder to comply with any of these Conditions of Sale or the terms of the Registration Form is an event of default. In such event, Nate D. Sanders Auctions may, in addition to any other available remedies specifically including the right to hold the defaulting Bidder liable for the Purchase Price or to charge and collect from the defaulting Bidder's credit or debit accounts as provided for elsewhere herein: (a) cancel the sale, retaining any payment made by the Bidder as damages (the Bidder understands and acknowledges that Nate D. Sanders Auctions will be substantially damaged should such default occur, and that damages under sub-part (a) are necessary to compensate Nate D. Sanders Auctions for such damages); (b) resell the property without reserve at public auction or privately; (c) charge the Bidder interest on the Purchase Price at the rate of one and one-half percent (1.5%) per month or the highest allowable interest rate; (d) take any other action that Nate D. Sanders Auctions, in its sole discretion, deems necessary or appropriate to preserve and protect Nate D. Sanders Auctions' rights and remedies. Should Nate D. Sanders Auctions resell the property, the original defaulting Bidder shall be liable for the payment of any deficiency in the purchase price and all costs and expenses associated there with, including but not limited to warehousing, sales-related expenses, reasonable attorney fees and court costs, commissions, incidental damages and any other charges due hereunder which were not collected or collectable. In the event that such Bidder is the successful Bidder on more than one lot and pays less than the purchase price for the total lots purchased, Nate D. Sanders Auctions shall apply the payment received to such lot or lots that Nate D. Sanders Auctions, in its sole discretion, deems appropriate. If Nate D. Sanders Auctions does not exercise such discretion, the lots to which the payment shall be applied will be in descending order from the highest purchase price to the lowest. Any Bidder failing to comply with these Conditions of Sale shall be deemed to have granted Nate D. Sanders Auctions a security interest in, and Nate D. Sanders Auctions may retain as collateral such security for such Bidder's obligations to Nate D. Sanders Auctions, any property in Nate D. Sanders Auctions' possession owned by such Bidder.
Warranties. Nate D. Sanders Auctions does not provide any warranties to Bidders, whether expressed or implied, beyond those expressly provided in these Conditions of Sale. All property and lots are sold "as is" and "where is". By way of illustration rather than limitation, neither Nate D. Sanders Auctions nor the Consignor makes any representation or warranty, expressed or implied, as to merchantability or fitness for intended use, condition of the property (including any condition report), correctness of description, origin, measurement, quality, rarity, importance, exhibition, relevance, attribution, source, provenance, date, authorship, condition, culture, genuineness, value, or period of the property. Additionally, neither Nate D. Sanders Auctions nor the Consignor makes any representation or warranty, expressed or implied, as to whether the Bidder acquires rights in copyright or other intellectual property (including exhibition or reproduction rights) or whether the property is subject to any limitations or other rights. Nate D. Sanders Auctions does not make any representation or warranty as to title.
All descriptions, photographs, illustrations, and terminology including but not limited to words describing condition (including any condition reports requested by Bidder, see also Terminology), authorship, period, culture, source, origin, measurement, quality, rarity, provenance, importance, exhibition, and relevance, used in the online Auction Catalog, bill of sale, invoice, or anywhere else, represent a good faith effort made by Nate D. Sanders Auctions to fairly represent the lots and property offered for sale as to origin, date, condition, and other information contained therein; they are statements of opinion only. They are not representations or warranties and Bidder agrees and acknowledges that he or she shall not rely on them in determining whether or not to bid or for what price. Price estimates (which are determined well in advance of the Auction and are therefore subject to revision) and condition reports are provided solely as a convenience to Bidders and are not intended nor shall they be relied on by Bidders as statements, representations or warranties of actual value or predictions of final bid prices.
Headings are for convenience only and shall not be used to interpret the substantive sections to which they refer.
Bidders are accorded the opportunity to inspect the lots and to otherwise satisfy themselves as to the nature and sufficiency of each lot prior to bidding, and Nate D. Sanders Auctions urges Bidders to avail themselves accordingly. Bidders are encouraged to examine lots thoroughly online. Bidders may also request condition reports.
All lots sold by Nate D. Sanders Auctions are guaranteed authentic. This guarantee is valid from date of the Auction in which Bidder was awarded the lot (the "Auction Date") until one (1) year after the Auction Date, without exception. We encourage the bidder to seek third party opinions on authenticity within the one year period.
In the event that Nate D. Sanders Auctions is prevented for any reason from delivering any property to Bidder, or Bidder is otherwise dissatisfied with the performance of Nate D. Sanders Auctions, the liability, if any, of Nate D. Sanders Auctions shall be limited to, and shall not exceed the amount actually paid for the property by Bidder. In no event shall Nate D. Sanders Auctions be liable for incidental, special, indirect, exemplary or consequential damages of any kind, including but not limited to loss of profits, value of investment or opportunity cost.
Remedies. Under no circumstance will Nate D. Sanders Auctions incur liability to a Bidder in excess of the purchase price actually paid. This section sets forth the sole and exclusive remedies of Bidder in conformity with the Warranties and Limitation of Damages provisions of these Conditions of Sale, and is expressly in lieu of any other rights or remedies which might be available to Bidder by law. The Bidder hereby accepts the benefit of the Consignor's warranty of title and any other representations and warranties made by the Consignor for the Bidder's benefit. In the event that Bidder demonstrates in writing, in the sole discretion of Nate D. Sanders Auctions, that there was a breach of the Consignor's warranty of title concerning a lot purchased by Bidder, Nate D. Sanders Auctions shall make demand upon the Consignor to pay to Bidder the Purchase Price (including any premiums, taxes, or other amounts paid or due to Nate D. Sanders Auctions). Should the Consignor not pay the Purchase Price to Bidder within thirty days after such demand, Nate D. Sanders Auctions shall disclose the identity of the Consignor to Bidder and assign to Bidder all of Nate D. Sanders Auctions' rights against the Consignor with respect to such lot or property. Upon such disclosure and assignment, all responsibility and liability, if any, of Nate D. Sanders Auctions with respect to said lot or property shall automatically terminate. Nate D. Sanders Auctions shall be entitled to retain the premiums and other amounts paid to Nate D. Sanders Auctions - this remedy is as to the Consignor only. The rights and remedies provided herein are for the original Bidder only and they may not be assigned or relied upon by any transferee or assignee under any circumstances.
If Bidder wishes to challenge the authenticity of any item, Bidder must present written evidence that the lot is not authentic as determined by two disinterested, known experts in the field, agreeable to us, within a period of one year from the auction date. If Nate D. Sanders Auctions agrees that the lot is not as represented, Bidder's sole and exclusive remedy shall be a refund of their purchase price, with no other costs, liabilities or amounts recoverable. If Nate D. Sanders Auctions does not agree with the claim by Bidder, then the Parties shall follow the dispute resolution procedures of these Conditions of Sale.
Any such challenge concerning authenticity must, without any exception, be brought within one (1) year of Bidder's notice to Nate D. Sanders Auctions of Bidder's contention that the lot was not authentic.
If the description of any lot in the Catalog is materially incorrect (e.g., gross cataloging error), the lot is returnable if returned within five (5) calendar days of receipt, and received by Nate D. Sanders Auctions no later than twenty-one (21) calendar days after the Auction Date. The Bidder shall be responsible for the safe return of the lot and shall procure shipping insurance for the full purchase price. This paragraph shall constitute Bidder's sole right with respect to the return of items, and no refunds shall be given for any items not returned to and received by Nate D. Sanders Auctions. All guarantees are applicable only to original purchaser. No returns will be accepted other than on the grounds of authenticity for any item that is described as having major flaws or restoration.
NO RETURN OR REFUND OF ANY AUCTION LOT WILL BE CONSIDERED EXCEPT AS PROVIDED IN THESE CONDITIONS OF SALE.
These Conditions of Sale constitute the entire agreement between the parties together with the terms and conditions contained in the Registration Form. They may not be amended, modified or superseded except in a signed writing executed by all parties. No oral or written statement by anyone employed by Nate D. Sanders Auctions or acting as agent or representative of Nate D. Sanders Auctions may amend, modify, waive or supersede the terms herein unless such amendment, waiver or modification is contained in a writing signed by all parties.
If any section of these Conditions of Sale or any term or provision of any section is held to be invalid, void, or unenforceable by any court of competent jurisdiction, the remaining sections or terms and provisions of a section shall continue in full force and effect without being impaired or invalidated in any way.
The Parties agree that any agreements between the Parties including but not limited to these Conditions of Sale are entered into in Los Angeles, California, no matter where Bidder is situated and no matter by what means or where Bidder was informed of the Auction and regardless of whether catalogs, materials, or other communications were received by Bidder in another location.
The Parties agree that these Conditions of Sale, and any other related agreement(s) are governed by the laws of the State of California, without regard for its conflict of laws principles. The Parties agree that any dispute related to or arising out of these Conditions of Sale, or related to or arising out of any other related agreement(s) shall be submitted to confidential binding arbitration (the "Arbitration") before a single Arbitrator of the American Arbitration Association (the "AAA"). The Parties agree that the Arbitration shall be conducted pursuant to the commercial rules of the AAA. In the event that the Parties cannot agree on the selection of the Arbitrator, then the Arbitrator shall be selected by the AAA. The prevailing Party in the Arbitration shall be entitled to recover all of its related costs, whether before or after the formal institution of the Arbitration, including but not limited to its reasonable attorneys' fees and, if Nate D. Sanders Auctions prevails, the Buyer's Premium as defined in these Conditions of Sale. The Parties agree that Bidder shall have no right to recover consequential or indirect damages, or lost profits damages.
The Parties consent to the enforcement of the decision in the Arbitration pursuant to the Federal Arbitration Act in either the courts of the State of California or the United States District Court for the District Los Angeles.
Except as provided in Bidder's Remedies with regard to the Certification of Authenticity, any dispute, claim, cause of action related to or arising out of these Conditions of Sale or any other agreement(s) between the Parties must be brought within one (1) year of the acts, omissions or circumstances giving rise to the alleged claim, without exceptions. This provision is intended as a full, complete and absolute release of any claims after one (1) year of such acts, omissions or circumstances. The Parties agree further that these waiver provisions are intended to be binding on all parties in the event of any dispute, specifically including but not limited to third party claims and cross-actions brought by either Nate D. Sanders Auctions or Bidder. These provisions are consideration for the execution of these Conditions of Sale.
The Bidder hereby agrees that Nate D. Sanders Auctions shall be entitled to present these Conditions of Sale to a court in any jurisdiction other than set forth in this paragraph as conclusive evidence of the Parties' agreement, and the Parties further agree that the court shall immediately dismiss any action filed in such jurisdiction.
Notwithstanding the foregoing, Nate D. Sanders Auctions may, in its sole discretion, enforce its rights pursuant to these Conditions of Sale in the courts of the State of Connecticut or the United States District Court for the District of California rather than in an Arbitration related to or arising out of any Auction of an item sold for less than $10,000. This right shall relate to the individual item price, such that Nate D. Sanders Auctions may, in its sole discretion, enforce its rights pursuant to these Conditions of Sale in the courts of the State of California or the United States District Court for the District of California rather than in an Arbitration for items that in the aggregate exceed $10,000. The prevailing Party in such a proceeding shall be entitled to recover all of its related costs, whether before or after the formal institution of the proceeding, including but not limited to its reasonable attorneys' fees and, if Nate D. Sanders Auctions prevails, the Buyer's Premium as defined in these Conditions of Sale. This right of enforcement is unique to Nate D. Sanders Auctions, and these Conditions of Sale are a waiver by the Bidder of any right to enforcement or adjudication outside of an Arbitration.
Under no circumstances is any employee, agent or representative of Nate D. Sanders Auctions authorized by Nate D. Sanders Auctions to modify, amend, waive or contradict any of these Conditions of Sale, any term or condition set forth on a registration form, any warranty or limitation or exclusion of warranty, any term or condition in either the Registration Form or these Terms and Conditions regarding payment requirements, including but not limited to due date, manner of payment, and what constitutes payment in full, or any other term or condition contained in any documents issued by Nate D. Sanders Auctions unless such modification, amendment, waiver or contradiction is contained in a writing signed by all parties. Any statements, oral or written, made by employees, agents or representatives of Nate D. Sanders Auctions to Bidder, including statements regarding specific lots, even if such employee, agent or representative represents that such statement is authorized, unless reduced to a writing signed by all parties, are statements of personal opinion only and are not binding on Nate D. Sanders Auctions, and under no circumstances shall be relied upon by Bidder as a statement, representation or warranty of Nate D. Sanders Auctions.
Agreements. Agreements between Bidders and Consignors to effectuate a non-sale of an item at Auction, inhibit bidding on a consigned item to enter into a private sale agreement for said item, or to utilize Nate D. Sanders Auctions' Auction to obtain sales for non-selling consigned items subsequent to the Auction, are strictly prohibited. If a subsequent sale of a previously consigned item occurs in violation of this provision, Nate D. Sanders Auctions reserves the right to charge Bidder the applicable Buyer's Premium and Consignor a Seller's Commission as determined for each auction venue and by the terms of the seller's agreement.
Acceptance of these Terms and Conditions qualifies Bidder as a client who has consented to be contacted by Nate D. Sanders Auctions in the future. In conformity with "do-not-call" regulations promulgated by the Federal or State regulatory agencies, participation by the Bidder is affirmative consent to being contacted at the phone number shown in his application and this consent shall remain in effect until it is revoked in writing. Nate D. Sanders Auctions may from time to time contact Bidder concerning sale, purchase, and auction opportunities available.
Rules of Construction: Nate D. Sanders Auctions presents properties in a number of collectible fields, and as such, specific venues have promulgated supplemental Terms and Conditions. Nothing herein shall be construed to waive the general Conditions of Sale by these additional rules and shall be construed to give force and effect to the rules in their entirety.