32
APRIL 10, 1865 ABRAHAM LINCOLN Signed Document, FOUR DAYS PRIOR to Assassination
Currency:USD
Category:Collectibles / Autographs
Start Price:3,000.00 USD
Estimated At:6,000.00 - 8,000.00 USD
SOLD
9,000.00USDto floor+ buyer's premium (2,250.00)
This item SOLD at 2023 May 27 @ 09:52UTC-07:00 : PDT/MST
Did you win this lot?
A full invoice should be emailed to the winner by the auctioneer within a day or two.
Autographs
APRIL 10, 1865 Dated Historic Manuscript Note Signed “A. Lincoln” as President, Just Four Days Prior to Lincoln’s Assassination by John Wilkes Booth at Ford’s Theater
ABRAHAM LINCOLN (1809-April 15, 1865). Abraham Lincoln was an American lawyer and statesman who served as the 16th President of the United States, throughout the American Civil War from 1861 until his Assassination in 1865. From: A “Lincoln Lore” article further stating: “This endorsement was signed, it was observed, on April 10, four days before Lincoln’s assassination and the day after he was notified of General Lee’s surrender. It might be called a jubilant signature.”
APRIL 10, 1865-Dated Civil War Period, Manuscript Note Signed, “A. Lincoln” as president, Choice Extremely Fine. This note written and signed on one of the most important highpoint days in Abe Lincoln’s Civil War history as president, if not his lifetime. Here, the president takes the time from his busy schedule to sign this well known prisoner’s release “Oath” note, reading in full:
“Let Lieut. McLeran be released on taking the oath of Dec. 8. 1863. - (Signed) A. Lincoln - April 10, 1865”.
Identified as: John C. McLeran, Confederate States of America, Enlisted on 5/1/1862 as a 1st Lieutenant, commissioned into "G" Co. Alabama 45th Infantry. This regiment was organized at Auburn, in May 1862 and saw extensive action. See: Unit History at end of our online information. Accompanied with PASS-CO Certificate of Authenticity.
President Lincoln’s vivid signature on this John Hay handwritten note is bright and bold in rich brown ink on white wove period paper. It measures about 2” tall x 3.25” wide (by sight), his bold signature “A Lincoln” measuring about 1.5” long and has the eye appeal of10 out of 10 in quality. The note itself was expertly identified as being written in the hand John Hay, Lincoln’s personal secretary. This example is one of the finest in quality we have offered, clean and bold in appearance. There is one slight crease, away from the signature at far right, and the paper has a trivial bend from when professionally framed. Presented in a handsome modern custom matted and framed display, shown under protective glass. At top is a 6.5” tall x 4.5” wide (by sight) photographic image, actually taken of Lincoln on April 10, 1865 by Alexander Gardner, the image noted as being “Courtesy of Frederick Hill Meserve” with legend below, Choice Extremely Fine.
On either side of the central written note by Lincoln, are seen two authenic period portrait images of the president. One at left is an oval Albumen Photograph, apparently taken that same day, housed in an ornate gold-gilt frame measuring 1” x .75”. On the right side is a Choice Gilt 1864 Presidential Campaign ferrotype, the surround reading: “FOR PRESIDENT - 1864” his tintype portrait at cente, then: “A LINCOLN”. Professionally crafted display is matted and framed to overall 14” tall x 9.75 wide.
Of historical note: On Monday, April 10, 1865, President Abraham Lincoln was back at work in Washington, D.C. feeling very relieved at the news of General Robert E. Lee's surrender the previous day. He had breakfast at the White House with his friend, Sacramento journalist Noah Brooks, and he then paid a visit to the Navy Yard that morning, where he made a brief speech that was reported in the Washington Star later that day. He also caught up with the news in Washington from his friend, former Illinois Senator Orville Browning. Also on April 10, 1865, Confederate General Robert E. Lee, just one day after Surrendering the Army of Northern Virginia at Appomattox Court House, said his famous “farewell” to his men, praising them for their “unsurpassed courage and fortitude.” At about 6 p.m., a delegation of 15 men came to the White House and met with President Lincoln. According to an article in Harper's Monthly magazine, a spokesman for the group gave a speech and presented Lincoln with a picture of Lincoln housed in a fine silver frame. Lincoln had other photos taken of himself that same day by photographers; Alexander Gardner, Frederick H. Meserve, and Carl Sandburg.
President Lincoln wanted to implement a lenient policy for reconstruction for the South. A key part of this plan was put into place on December 8, 1863, when he issued a proclamation that provided guidelines for the systematic reestablishment of loyal state governments in that region. It also contained a means of repatriating those who had “participated in the existing rebellion” and now wanted to resume their allegiance: stating he would issue a full pardon if they took a prescribed Oath of Loyalty.
Significantly, the pardon provided for restoration of all rights of property except as to Slaves. This was the required oath: “I do solemnly swear, in presence of Almighty God, that I will henceforth faithfully support, protect and defend the Constitution of the United States, and the union of the States thereunder; and that I will, in like manner, abide by and faithfully support all Acts of Congress passed during the existing rebellion with reference to Slaves… and that I will, in like manner, abide by and faithfully support all proclamations of the President made during the existing rebellion having reference to slaves… So help me God.”
Many persons in southern areas under Union control, as well as Confederate soldiers held as prisoners of war in the North (including those who had been reluctantly drafted into the Southern service or gotten themselves involved in something that they really did not have their heart in) thought the war as good as lost and sought to take Lincoln up on his offer. They or their friends wrote the President explaining their situations and sincerity, and asking for the pardon. He would write his order on the back of the letter or on a separate note card and send it on to the appropriate department. This is one of those pardon offers. On December 8, 1863, President Abraham Lincoln offers his conciliatory plan for reunification of the United States with his “Proclamation of Amnesty and Reconstruction”.
Provenance Ex: Collection of Alexander “Sandy” Gaston.
For further Information Please See the PBS episode: https://www.pbs.org/opb/historydetectives/investigation/lincoln-oath/
APRIL 10, 1865: Throughout the day, the news of Robert E. Lee's surrender led to celebrations and a number of crowds gathered to parade and celebrate. At some of these, Lincoln spoke extemporaneously. Here is an account of one such procession (complete with Lincoln's remarks) as reported in the Washington Intelligencer:
The procession proceeded along Pennsylvania avenue gaining accessions at every step, despite the mud and rain, and when it turned up Fifteenth street it is estimated that there were over three thousand persons in the crowd. The procession proper---that is, those who had come from the Navy Yard---and a portion of the crowd proceeded to the residence of Secretary Welles, while the other portion kept along Pennsylvania avenue to the White House and the War Department. At the latter place the band of the Quartermaster's regiment, Capt. Tompkins, under the leadership of Prof. Blish, and the band of the Fourteenth regiment V.R.C., were stationed, and their excellent music attracted an immense concourse of people, who called again loudly for Secretary Stanton, but failing to get him out, the crowd, preceded by the Quartermaster's band, moved toward the White House, and in a few moments an immense number of people were assembled, and completely filled the portico, the carriageway, and pavements on either side, while many were forced to content themselves with a stand-up place in the mud. The bands played, the howitzers belched forth their thunder, and the people cheered. Call after call was made for the President, and his failure to appear only made the people cry out the louder. Master Tad Lincoln, who was at the window, appeared to hugely enjoy the shouting, cheering, and swaying to and fro of the crowd, who evinced a determination not to depart until the Chief Magistrate acknowledged their greeting by his presence. At length, after persistent effort, the presence of Mr. Lincoln was secured. Three loud and hearty cheers were given, after which the President said:
"FELLOW CITIZENS: I am very greatly rejoiced to find that an occasion has occurred so pleasurable that the people cannot restrain themselves. [Cheers.] I suppose that arrangements are being made for some sort of a formal demonstration, this, or perhaps, to-morrow night. [Cries of 'We can't wait,' 'We want it now,' &c.] If there should be such a demonstration, I, of course, will be called upon to respond, and I shall have nothing to say if you dribble it all out of me before. [Laughter and applause.] I see you have a band of music with you. [Vocies, 'We have two or three.'] I propose closing up this interview by the band performing a particular tune which I will name. Before this is done, however, I wish to mention one or two little circumstances connected with it. I have always thought 'Dixie' one of the best tunes I have ever heard. Our adversaries over the way attempted to appropriate it, but I insisted yesterday that we fairly captured it. [Applause.] I presented the question to the Attorney General, and he gave it as his legal opinion that it is our lawful prize. [Laughter and applause.] I now request the band to favor me with its performance."
In accordance with the president’s request, the band struck up `Dixie,’ and at its conclusion played `Yankee Doodle,’ the President remaining at the window mean-while. The President then said: `Now give three good hearty cheers for General Grant and all under his command.’ These were given with a will, after which Mr. Lincoln requested `three more cheers for our gallant Navy,’ which request was also readily granted. The President then disappeared from the window, amid the cheers of those below. The crowd then moved back to the War Department, and loud calls were again made for Secretary Stanton.
Another such gathering occurred at around 5:00 p.m. that day. Lincoln's remarks to that crowd were printed in the Washington Daily National Republican as follows:
MY FRIENDS: I am informed that you have assembled here this afternoon under the impression that I had made an appointment to speak at this time. This is a mistake. I have made no such appointment. More or less persons have been gathering here at different times during the day, and in the exuberance of their feeling, and for all of which they are greatly justified, calling upon me to say something; and I have, from time to time, been sending out what I supposed was proper to disperse them for the present. [Laughter and applause.]
I said to a larger audience this morning what I desire now to repeat. It is this: That I supposed in consequence of the glorious news we have been receiving lately, there is to be some general demonstration, either on this or to-morrow evening, when I will be expected, I presume, to say something. Just here I will remark that I would much prefer having this demonstration take place to-morrow evening, as I would then be much better prepared to say what I have to say than I am now or can be this evening. [A voice--- 'And we will then have heard from Johnston.']
I therefore say to you that I shall be quite willing, and I hope ready, to say something then; whereas just now I am not ready to say anything that one in my position ought to say. Everything I say, you know, goes into print. [Laughter and applause.] If I make a mistake it doesn't merely affect me nor you but the country. I, therefore, ought at least try not to make mistakes. [Voices--- 'You have made no mistakes yet.']
If, then, a general demonstration be made to-morrow evening, and it is agreeable, I will endeavor to say something, and not make a mistake, without at least trying carefully to avoid it. [Laughter and applause.] Thanking you for the compliment of this call, I bid you good evening.
An hour or so later, at about 6 p.m., a delegation of 15 men came to the White House and met with the President. According to an article in Harper's Monthly magazine, a spokesman for the group gave a speech and presented Lincoln with a picture of himself in silver frame. Lincoln had other photos taken of himself that day by photographers Alexander Gardner. Frederick H. Meserve and Carl Sandburg. The Gardner photo is shown below.
Lincoln wrote a note to Secretary of War Edwin Stanton, stating: "[Lincoln' son] Tad wants some flags. Can he be accommodated?" He also sent a note to Navy Secretary Gideon Welles which read: "Let Master Tad have a Navy sword."
Less than a week later, on the evening of April 14th, 1865 at Ford’s Theatre in Washington, President Abraham Lincoln was shot dead by the actor/assassin John Wilkes Booth.
_______
Forty-Fifth Alabama Infantry Regiment:
This regiment was organized at Auburn, in May 1862 and proceeded at once to Corinth. At Tupelo it lost many men by disease, but in the autumn moved into Kentucky in Patton Anderson's brigade. It charged a battery at Perryville, and suffered very severely in casualties. The regiment came out of Kentucky with the army, and was soon after engaged in the battle of Murfreesboro, where its casualties were numerous.
Placed in the brigade of Gen. Wood of Lauderdale, Cleburne's division, (with the Sixteenth, Twenty-sixth-Fiftieth, and Thirty-third Alabama), the Forty-fifth remained on duty with the Army of Tennessee, passing the first half of the year 1863 at Tullahoma. It fought under the eye of Cleburne at Chicamauga, and its mutilated ranks told the eloquent story of its services.
Gen. Mark Lowery of Mississippi succeeded to the command of the brigade, and the Forty-fifth was present at Mission Ridge and Ringgold Gap with slight loss. The Winter was passed at Dalton, and the regiment took a full share in the Dalton-Atlanta Campaign, especially at Resaca, and at New Hope, where Cleburne's division grappled with Logan's corps.
On the 22d of July, at Atlanta, Death reveled in its ranks, and half the regiment went down on the hard-fought field. Six weeks later it again fought " where Cleburne crossed the line" at Jonesboro, with considerable loss. Then followed the long and disastrous march into Tennessee.
The Forty-fifth opened the battle at Franklin the evening before by a brilliant fight at Springhill, and the next day was in the bloody and desperate assault of Cleburne's division on the enemy's works, and was almost annihilated around the corpse of its heroic division commander.
Its colors floated before Nashville, and a remnant of the Fort-fifth moved into North Carolina. It was there consolidated with other Alabama regiments, and surrendered with Gen Johnston's forces.
Auction Location:
P.O. Box 3507, Rancho Santa Fe, California, 92067, United States
Previewing Details:
Auction lot view is available only by Special Arrangement. Please phone us at (858) 759 3290 to discuss the details.
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% |
Additional Fees:
Shipping Details:
We will ship worldwide.
Payment Details:
Paypal address is auctions@earlyamerican.com
Accepted Payment Methods:
- VISA
- Master Card
- AMEX
- Discover
- Money Order/Bank Draft
- Check/Cheque
- PayPal
- Wire Transfer
Early American History Auctions - Terms & Conditions of Sale
BY PARTICIPATING IN THE AUCTION EACH BIDDER ACKNOWLEDGES THAT THE BIDDER HAS READ AND UNDERSTANDS AND AGREES TO THESE TERMS & CONDITIONS OF SALE. (PLEASE REFER TO SECTION 12 "DEFINITIONS")
1. General Terms.
All Bidder(s) at the Auction acknowledge and agree that the following General Terms shall apply at all times to the conduct of the Auction:
a. The Auction is by public mail/phone/email/internet/and/or fax. Absentee Bid Closing Date: SATURDAY, MAY 27, 2023 at 9:00 a.m. Pacific Time. Absentee Bids will be executed over www.EarlyAmerican.com on SATURDAY, MAY 27, 2023 beginning at 9:00 a.m. Pacific Time. The Auction is conducted in accordance with the regulations of the State of California and the City of San Diego.
b. Any Bid in the Auction automatically constitutes acceptance by the Bidder, and is deemed to incorporate by reference these General Terms and Conditions.
c. A Purchaser"s Premium of twenty-five percent (25%) on each individual Lot will be automatically added to all purchase(s) made by successful Bidder(s); (or thirty percent (30%) of the "Hammer Price" if a given Bid is placed through any other selected outside auction service including Invaluable.com, BidSquare.com, LiveAuctioneers.com) it being understood that EAHA may waive such fee for reacquisition(s) by Consignor(s).
d. The Consignor(s) may Bid and purchase Lot(s) in the Auction and Consignor(s) that Bid(s) on his/hers/its own Lot(s) in the Auction may pay a different fee than the Purchaser"s Premium charged to all other(s).
e. If the Consignor shall re-purchase a Lot that is either returned to the Consignor or otherwise dealt with or disposed of in accordance with the Consignor"s direction, EAHA reserves the right to make appropriate adjustments.
f. EAHA reserves the right to include in the Auction its own Merchandise and have direct or indirect interests in any of the Lot(s) offered for sale in the Auction.
g. EAHA may bid for its own account on any given Lot(s) at the Auction.
h. EAHA may have information about any given Lot(s) that may not be publicly available, and reserves the right to use such information without making disclosure in the Catalog.
i. All Lot(s) may, at EAHA"s sole discretion, carry a Reserve.
j. All Lot(s) will be sold to the highest Bidder as determined by the Auctioneer.
k. If any dispute arises of and concerning a given Bid at the Auction, the Auctioneer"s decision shall be considered absolute and final.
l. No "Unlimited" or "Buy" Bid(s) will be accepted by the Auctioneer at the Auction.
m. Any announcements made on the day of the Auction shall take precedence over any terms that may be contained in the Catalog and/or other announcements and/or documentation.
n. The Auctioneer reserves the right, without recourse from any Bidder or Consignor, to postpone or delay the Auction, for a reasonable period of time, due to any significant event which, in the sole judgement of the Auctioneer, makes it inadvisable to hold the Auction as scheduled.
2. The Bidding Process.
All Bidder(s) in the Auction acknowledge and agree, as a condition to the acceptance of a Bid by the Auctioneer, that:
a. The Auctioneer may open or accept a Bid on any Lot by placing a Bid on behalf of the Consignor.
b. The Auction Date printed on the Catalog cover is the last day that bids are accepted through any means, EXCEPT for those bidding through EarlyAmerican.com, Invaluable.com, BidSquare.com or LiveAuctioneers.com who are permitted to continue bidding until each Lot is closed on the day following.
c. The Auctioneer, at his sole and exclusive discretion, may accept or decline a given Bid, and/or challenge any Bid or any increment thereof.
d. Bids below the Low Estimate, which includes any requested increase(s), will not be reduced.
e. Bids below fifty percent (50%) of Low Estimate are considered frivolous and will not be accepted.
f. In the event of a tie, the Lot will be awarded to the bid with the earliest postmark.
g. All Bid(s) must be for an entire Lot; it being understood that each Lot constitutes a separate sale.
h. No Lot will be broken up unless otherwise permitted by the Auctioneer, and Lot(s) will be sold in their numbered sequence unless the Auctioneer directs otherwise.
i. All Merchandise shall be sold in separate Lot(s) to the highest Bidder as determined by the Auctioneer in his sole and exclusive discretion.
j. If a Lot is awarded to the wrong Bidder due to an administrative error, the highest Bidder will prevail. All Bidders agree to post-Auction corrections without protest or negative feedback.
k. The Auctioneer shall have the right, at his sole and exclusive discretion, to adjudicate all bidding disputes and shall have the right, to rescind the acceptance of any Bid and/or place a given Lot(s) for re-Auction.
l. The Auctioneer"s decision on all Bid disputes shall be deemed to be binding and final.
m. If there should be any Material Error in descriptions contained in the Catalog creating a Significant difference from the value paid, a given Lot may be returned by a successful Bidder for Review, but only if prompt written notice is first received by EAHA not later than seventy-two (72) hours of receipt of the Lot(s) by the Bidder; it being understood that any such Lot(s) must be received by EAHA no later than fourteen (14) calendar days after the Auction Date and be in the same condition, in their original, sealed Holders, as when the Lot(s) were first delivered to the Bidder; it being further understood that late remittance(s) constitute just cause by EAHA to revoke any return privilege(s) otherwise available.
n. Any Lot returned for Review will be at the sole expense of the Buyer, as well as the return expense should the claim be rejected.
o. EAHA shall not be responsible for any errors in the bidding process, and the Bidder assumes full responsibility to ensure the Bid on a given Lot is correct. Bidders using the Internet acknowledge that due to the bidding process and speed of auctioneer it is possible to be awarded a lot in error. Instances of "awarding" a lot due to missing a bid or some other error may cause an Internet bidder to have their winning bid rescinded by the auctioneer. In such instance, the Internet bidder will be notified of the error and agrees that no further protest, or negative feedback will result on their behalf.
p. The Auctioneer shall timely announce the Hammer Price for each Lot sold at the Auction.
q. EAHA reserves the right to withdraw any Lot(s) prior to the Hammer Price being accepted by the Auctioneer.
r. No Bidder shall have a right to claim any special or consequential damages from EAHA for any reason whatsoever.
3. Bidder Registration Required.
All Bidder(s) in the Auction acknowledge and agree, as a condition to the acceptance of a Bid by the Auctioneer, that:
a. It/he/she duly registered to Bid at the Auction having fully completed and transmitted to EAHA the necessary Auction Bid form(s).
b. The invoice describing a given Lot by number shall include the Merchandise described in the Catalog by the Cataloguer.
4. Prices, Payment and Delivery.
All Bidder(s) in the Auction acknowledge and agree, as a condition to the acceptance of a Bid by the Auctioneer, that:
a. All payment(s) for Merchandise shall be made by check, money order, cashier's check, bank wire, credit card or in cash (U.S. currency only); Bidder(s) who have not established credit with EAHA must first furnish satisfactory credit references to EAHA and/or deposit at least twenty-five percent (25%) of their total Bid(s) for that Auction, or such other amount(s) as EAHA may, in its sole and absolute discretion, require before such Bid(s) will be accepted; it being understood that deposit(s) submitted will be applied to purchases and any remaining deposit(s) will be refunded upon clearance of funds. A 4.25% transaction fee will be added to any payment made by Credit Card, Debit Card, PayPal or any method other than check.
b. California Sales Tax of 7.25% will be added to California residents; San Diego County residents add 7.75%.
c. Payment shall be due immediately upon receipt of notification and payment is deemed delinquent, and in default if not made in good funds in full within fourteen (14) days of the Auction Date.
d. On cash transaction(s) exceeding Ten Thousand Dollars ($10,000), a Treasury Form 8300 must be filed.
e. Lot(s) will not be shipped before all funds are fully received by EAHA.
f. EAHA reserves the right to extend credit and impose periodic charges on any accounts past due.
g. The Bidder agrees to report to EAHA any damage or breakage that occurs to Merchandise in the original Holder and packaging during shipment within 3 days of receipt of package. The original packaging MUST be saved, complete and intact, as required by the insuring company. Failure to meet either of these requirements will release EAHA of any further liability or payment for such damages.
h. Successful Bidder(s) agree to pay reasonable attorney's fees and costs incurred by EAHA to collect on any past due account(s).
i. Bid(s) will not be accepted from any individual(s) under the age of eighteen (18) years old without a parent or guardian's written consent and express acceptance of these General Terms and Conditions.
j. If a corporation is the Bidder, the authorized corporate representative must provide EAHA, at the time of registration, with proof in the form of a legal document acceptable to EAHA confirming the representative's express authority to Bid in the Auction for and on behalf of the corporation.
k. A shipping and handling charge will be added to each invoice to adequately package, ship and fully insure Merchandise. Bidder may request that EAHA increase the insured value of the purchased Merchandise above the successful Bid price for the Merchandise purchased at Auction by making a special arrangements in writing with EAHA, prior to shipment.
l. All Auction Lot Holders are for short term use and should be changed by the new buyer for proper long term storage.
5. Financial Responsibility.
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).
f. If the successful Bidder for a given Lot(s) consists of one or more person(s) or entit(ies), each shall be jointly and severally liable to EAHA for any payment(s) due for Merchandise purchased.
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 as described in the Catalog, and upon information and belief, is in full compliance with California Assembly Bill 1570; it being understood that SUCH LIMITED 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.
b. EAHA shall not be responsible for the grade(s), claims, or statement assigned by independent grading services, and makes no warranty or representation regarding such grade(s) or statements whether an item is pre-certified or not (sold raw). 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) and the color of 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 and/or color 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.
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.
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.
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 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."
10. Disputes and Arbitration.
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 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.
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 are the official terms and conditions for all certificates of authentication provided.
b. 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.
c. 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.
d. EAHA will not be responsible for damage due to irradiation by the U.S. Post Office.
e. 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.
f. Due to recent legislation, we can no longer ship firearms to New Jersey.
12. Definitions
a. The term "Absentee Bid" shall mean all Bids placed via any communication including: mail, phone, fax, email and website.
b. The term "Auction" shall mean an auction or consignment sale 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 or consignment item is sold.
d. The term "Auctioneer" shall mean an individual(s) duly licensed and/or employee designated by "EAHA" to conduct the Auction or any Sale.
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 "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-five percent (25%) of the "Hammer Price" or thirty percent (30%) of the "Hammer Price" if bids are placed through a third party firm including Invaluable.com, LiveAuctioneers.com and iCollector.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.