25165
Historic Archive Letter by Franklin Pierce Historic Archive with Letter by President Franklin Pierce
Currency:USD
Category:Collectibles / Autographs
Start Price:1.00 USD
Estimated At:7,000.00 - 9,000.00 USD
NOT SOLD (BIDDING OVER)
0.00USD+ applicable fees & taxes.
This item WAS NOT SOLD. Auction date was 2006 Feb 20 @ 17:00UTC-06:00 : CST/MDT
<B>Historic Archive with Letter by President Franklin Pierce Ordering Arrest of an American Planning His Own Private War.</B></I><BR><BR> <B>Franklin Pierce (1804-1869), Letter Signed </B></I>"<I>Franklin Pierce</B></I>" as President, two pages, 8" x 13.5", Washington, May 25, 1855 to Captain Charles Boarman, Commander of the Brooklyn Navy Yard ordering the Navy to pursue and capture filibusterer (a private soldier-of-fortune) Henry L. Kinney (1814-1862) then en route to Nicaragua in an attempt mount an insurrection and establish an Anglo-American colony. Kinney's plan to wage this private war would have dire consequences for the balance of power between free and slave states prior to the outbreak of the Civil War. Pierce, already upset the precarious balance between slave and free states with the Kansas-Nebraska Act in 1854, feared a reopening the question of slavery in all the western territories. He further sowed anger among anti-slavery free-soilers by proposing an invasion of Cuba -- which would also become open to slavery under the rules set by the Kansas-Nebraska Act. Mercenary filibustering expeditions south of the border would likewise threaten this delicate balance. Here, Pierce orders the arrest of a man bent on establishing an American colony in Central America with an eye toward annexation to the United States. Pierce informs Captain Borman: <BR><BR>"<I>Sir: Official information has been laid before me to the effect that an indictment has been found in the District Court of the United States for the Southern District of New York, charging that one Henry L. Kinney, and one John W. Fabens, have, in violation of the Act of Congress in this behalf provided, set on foot and have prepared a military expedition against the Republic of Nicaragua, with which the United States are at peace. Further information has been received that an indictment has been found and returned to the District Court of the United States for the Eastern District of Pennsylvania, charging the said Henry L. Kinney with the like offence within that District. Information has also been received that a steamer called the United States has been chartered by the same Henry L. Kinney and John W. Fabens, together with one Fletcher Webster, for the purpose of being employed in such military expedition or enterprise, in violation of law, and is about to sail from the District of New York, to convey the said Kinney and Fabens, their followers, and associates, enlisted or engaged for said enterprise or expedition, to their destination in Nicaragua. You are therefore hereby directed and empowered, in virtue of the eighth section of the Act of Congress, approved the 20th of April, 1818, to take all proper measures, and to employ such part of the Naval force of the United States under your command as may be necessary to prevent the carrying on of such expedition or enterprise, and especially to prevent, the departure of said steamer United States from beyond the limits of the said District of New York...</B></I>"<BR><BR>Quite a dramatic appeal indeed! And, as incredible as this forgotten history reads, yet another expedition to Nicaragua was being led at the very same time by career filibusterer William Walker (1824-1860). That expedition originating out of San Francisco. While Walker was consolidating his control of the interior, Kinney, who had managed to board another ship and leave New York, arrived in Greytown, the capital of the British Mosquito Coast protectorate on the Caribbean coast of Nicaragua, in September 1855. Kinney then proclaimed himself Governor of the "City and Territory of Greytown". Faced with opposition from Walker, the Nicaraguans, and the British, Kinney soon lost his financial backing, resigned from office, and was expelled from the country. Interestingly, Franklin Pierce briefly recognized the Nicaraguan government under Walker's leadership. Walker had the support of Cornelius Vanderbilt who wanted to construct a railroad to link the Caribbean and the Pacific. However, once in power, Walker betrayed Vanderbilt and handed the rights to build a railroad to Vanderbilt's rivals, Cornelius K. Garrison and Charles Morgan. Vanderbilt then pressured Pierce to rescinded recognition of the Walker government, and organized an opposition force led by Costa Rica to thwart Walker's attempt to conquer all of Central America. In an attempt to garner Southern support, he legalized black slavery in Nicaragua which had been outlawed in 1824. Walker was defeated in 1857 and surrendered to the U.S. Navy. He was killed in Honduras after mounting a similar expedition there in 1860. Kinney, who also founded the city of Corpus Christi, Texas, outlived Walker but was later shot and killed in Mexico in 1862. The letter bears the usual folds, very light soiling, otherwise in fine condition. <BR><BR> Also included is Capt. Charles Borman's retained response to the Secretary of the Navy, in a secretarial Letter Signed, 8" x 12", "<I>Navy Yard</B></I>", New York, May 28, 1855, informing the secretary that "<I>I shall in obedience to these orders prepare the U.s. Steamer 'Vixen', the only vessel available at this Yard and place Lieut De Camp in command of her, with a sufficient force of officers, seamen & Marines to secure the arrest and detention of the vessel... the Collector of the Port... has promised to place under my orders the U.S. Revenue Cutter 'Washington' that she may act in concert with the 'Vixen'...</B></I>" Light toning, slightly weak at folds, else very good. The <I>United States</B></I> was detained at the 8th Street dock by the <I>Vixen</B></I> while the government attempted to press its claims against Kinney. Kinney managed to leave New York in June with some of his followers aboard the schooner <I>Emma.</B></I> <I>The New York Times</B></I> questioned Pierce's motives in an article on June 28: "...why all this persecution of Messrs. Kinney and Fabens. Manifest destiny will march onward, sooner or later... But when the public shall learn the truth, it will be seen that the Nicaragua Transit Company [owned by Vanderbilt] have played a deeper game in preventing the sailing of the Kinney Expedition than any other set of men in the United States..." According to another letter found in this small archive, an <B>Autograph Letter Signed from attorney A. Spalding</B></I> of New York, three pages, 5" x 8", New York, October 10, 1864, there was some damage to the ship <I>United States.</B></I> The attorney requests the letter from Pierce as evidence in a "<I>...Suit of John Graham then owner of the Steamship 'United States'.</B></I>" He notes that the suit is relative to the navy's "<I>...detaining in this Post the famous 'Kinney Expedition'.</B></I> Partial fold separation, else very good.<BR><BR>A tremendous group detailing remarkable, albeit somewhat forgotten, military and political history. From the Henry E. Luhrs Collection. Accompanied by LOA from PSA/DNA.
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34. A MEMORABILIA lot (Autographs, Sports Collectibles, or Music, Entertainment, Political, Americana and/or Pop Culture memorabilia): The Auction is not on approval. When the lot is accompanied by a Certificate of Authenticity (or its equivalent) from an independent third party authentication provider, buyer has no right of return. Under extremely limited circumstances not including authenticity (e.g. gross cataloging error), a purchaser who did not bid from the floor may request Auctioneer to evaluate voiding a sale; such request must be made in writing detailing the alleged gross error, and submission of the lot to Auctioneer must be pre-approved by Auctioneer. A bidder must notify the appropriate department head (check the inside front cover of the catalog or our website for a listing of department heads) in writing of the purchaser's request and such notice must be mailed within three (3) days of the mail bidder's receipt of the lot. Any lot that is to be evaluated for return must be received in our offices within 30 days after Auction. AFTER THAT 30 DAY PERIOD, NO LOT MAY BE RETURNED FOR ANY REASONS. Lots returned must be in the same condition as when sold and must include the Certificate of Authenticity, if any. No lots purchased by floor bidders may be returned (including those bidders acting as agents for others). Late remittance for purchases may be considered just cause to revoke all return privileges.
35. COINS, CURRENCY, COMICS AND SPORTSCARDS Signature Auctions: The Auction is not on approval. No certified material may be returned because of possible differences of opinion with respect to the grade offered by any third-party organization, dealer, or service. No guarantee of grade is offered for uncertified Property sold and subsequently submitted to a third-party grading service. There are absolutely no exceptions to this policy. Under extremely limited circumstances, (e.g. gross cataloging error) a purchaser, who did not bid from the floor, may request Auctioneer to evaluate voiding a sale; such request must be made in writing detailing the alleged gross error, and submission of the lot to the Auctioneer must be pre-approved by the Auctioneer; bidder must notify Ron Brackemyre, (ext. 312) in writing of the such request and such notice must be mailed within three (3) days of the mail bidder's receipt of the lot. Any lot that is to be evaluated must be in our offices within 30 days after Auction. Grading or method of manufacture do not qualify for this evaluation process nor do such complaints constitute a basis to challenge the authenticity of a lot. AFTER THAT 30-DAY PERIOD, NO LOTS MAY BE RETURNED FOR REASONS OTHER THAN AUTHENTICITY. Lots returned must be housed intact in the original holder. No lots purchased by floor Bidders may be returned (including those Bidders acting as agents for others). Late remittance for purchases may be considered just cause to revoke all return privileges.
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DELIVERY; SHIPPING AND HANDLING CHARGES:
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COMPLETE SHIPPING AND HANDLING CHARGES
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CATALOGING, WARRANTIES AND DISCLAIMERS:
42. NO WARRANTY, WHETHER EXPRESSED OR IMPLIED, IS MADE WITH RESPECT TO ANY DESCRIPTION CONTAINED IN THIS AUCTION OR ANY SECOND OPINE. Any description of the items or second opine contained in this auction is for the sole purpose of identifying the items for those Bidders who do not have the opportunity to view the lots prior to bidding, and no description of items has been made part of the basis of the bargain or has created any express warranty that the goods would conform to any description made by Auctioneer.
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48A. COINS – Coins sold referencing a third-party grading service are sold "as is" without any express or implied warranty, except for a guarantee by Auctioneer that they are genuine. Certain warranties may be available from the grading services and the Bidder is referred to them for further details: ANACS, P.O. Box 182141, Columbus, Ohio 43218-2141; Numismatic Guaranty Corporation (NGC), P.O. Box 4776, Sarasota, FL 34230; Professional Coin Grading Service (PCGS), PO Box 9458, Newport Beach, CA 92658; and ICG, 7901 East Belleview Ave., Suite 50, Englewood, CO 80111.
48B. CURRENCY – Notes sold referencing a third-party grading service are sold "as is" without any express or implied warranty, except for a guarantee by Auctioneer that they are genuine. Grading, condition or other attributes of any lot may have a material effect on its value, and the opinion of others, including independent grading services such as PCGS Currency, PMG, and CGA may differ with that of Auctioneer. Auctioneer shall not be bound by any prior or subsequent opinion, determination, or certification by any independent grading service. Bidder specifically waives any claim to right of return of any item because of the opinion, determination, or certification, or lack thereof, by any independent grading service. Certain warranties may be available from the grading services and the Bidder is referred to them for further details: Paper Money Guaranty (PMG), PO Box 4711, Sarasota FL 34230; PCGS Currency, PO Box 9458, Newport Beach, CA 92658; Currency Grading & Authentication (CGA), PO Box 418, Three Bridges, NJ 08887.
48C. COMICS – Comic books sold referencing a third-party grading service are sold "as is" without any express or implied warranty. Certain warranties may be available from the grading services and the Bidder is referred to them for further details: Comics Guaranty Corporation (CGC), P.O. Box 4738, Sarasota, FL 34230. Subject to sections 57 and 58, bidders who intend to challenge authenticity or provenance of a lot must notify Auctioneer in writing within thirty (30) days of the Auction's conclusion. Auctioneer's maximum liability shall not exceed the high bid on that lot, which bid shall be deemed for all purposes the value of the lot. In the event Auctioneer cannot deliver the lot or subsequently it is established that the lot lacks title, provenance, authenticity, or other transfer or condition issue is claimed, Auctioneer's liability shall be limited to recission of sale and refund of purchase price. After one year has elapsed, Auctioneer's maximum liability shall be limited to any commissions and fees Auctioneer earned on that lot.
48D. SPORTSCARDS – Sportscards sold referencing a third-party grading service are sold "as is" without any express or implied warranty. Certain warranties may be available from the grading services and the Bidder is referred to them for further details: Professional Sports Authenticator (PSA), P.O. Box 6180 Newport Beach, CA 92658; Sportscard Guaranty LLC (SGC) P.O. Box 6919 Parsippany, NJ 07054-6919; Global Authentication (GAI), P.O. Box 57042 Irvine, Ca. 92619; Beckett Grading Service (BGS), 15850 Dallas Parkway, Dallas TX 75248.
48E. MEMORABILIA – Auctioneer does not warrant authenticity of a memorabilia lot (Autographs, Sports Collectibles, or Music, Entertainment, Political, Americana and/or Pop Culture memorabilia), when the lot is accompanied by a Certificate of Authenticity, or its equivalent, from an independent third-party authentication provider. Bidder shall solely rely upon warranties of the authentication provider issuing the Certificate or opinion. For information as to such authentication provider's warranties the bidder is directed to: SCD Authentic, 4034 West National Ave., Milwaukee, WI 53215 (800) 345-3168; JO Sports, Inc., P.O. Box 607 Brookhaven, NY 11719 (631) 286-0970; PSA/DNA; 130 Brookshire Lane, Orwigsburg, Pa. 17961; Mike Gutierrez Autographs, 8150 Raintree Drive Suite A, Scottsdale, AZ. 85260; or as otherwise noted on the Certificate. Subject to sections 57 and 58, bidders who intend to challenge authenticity or provenance of a lot must notify Auctioneer in writing within thirty (30) days of the Auction's conclusion. Auctioneer's maximum liability shall not exceed the high bid on that lot, which bid shall be deemed for all purposes the value of the lot. In the event Auctioneer cannot deliver the lot or subsequently it is established that the lot lacks title, provenance, authenticity, or other transfer or condition issue is claimed, Auctioneer's liability shall be limited to recission of sale and refund of purchase price. After one year has elapsed, Auctioneer's maximum liability shall be limited to any commissions and fees Auctioneer earned on that lot.
48F. FINE AND DECORATIVE ARTS – Auctioneer warrants bold-faced items in the descriptions, which are otherwise provided for identification purposes only. Subject to sections 57 and 58, bidders who intend to challenge the bold-faced authenticity or provenance of a lot must notify Auctioneer in writing within thirty (30) days of the Auction's conclusion. Auctioneer's maximum liability shall not exceed the high bid on that lot, which bid shall be deemed for all purposes the value of the lot. In the event Auctioneer cannot deliver the lot or subsequently it is established that the lot lacks title, provenance, authenticity, or other transfer or condition issue is claimed, Auctioneer's liability shall be limited to recission of sale and refund of purchase price. After one year has elapsed, Auctioneer's maximum liability shall be limited to any commissions and fees Auctioneer earned on that lot.
49. All non-certified coins, currency, and comics are guaranteed genuine, but are not guaranteed as to grade, since grading is a matter of opinion, an art and not a science, and therefore the opinion rendered by the Auctioneer or any third party grading service may not agree with the opinion of others (including trained experts), and the same expert may not grade the same item with the same grade at two different times. Auctioneer has graded the non-certified numismatic items, in the Auctioneer's opinion, to their current interpretation of the American Numismatic Association's standards as of the date the catalog was prepared. There is no guarantee or warranty implied or expressed that the grading standards utilized by the Auctioneer will meet the standards of ANACS, NGC, PCGS, ICG, CGC, CGA or any other grading service at any time in the future.
50. Since we cannot examine encapsulated notes or comics, they are sold "as is" without our grading opinion, and may not be returned for any reason. Auctioneer shall not be liable for any patent or latent defect or controversy pertaining to or arising from any encapsulated collectible. In any such instance, purchaser's remedy, if any, shall be solely against the service certifying the collectible.
51. Due to changing grading standards over time, differing interpretations, and to possible mishandling of items by subsequent owners, Auctioneer reserves the right to grade items differently than shown on certificates from any grading service that accompany the items. Auctioneer also reserves the right to grade items differently than the grades shown in the catalog should such items be reconsigned to any future auction.
52. Although consensus grading is employed by most grading services, it should be noted as aforesaid that grading is not an exact science. In fact, it is entirely possible that if a lot is broken out of a plastic holder and resubmitted to another grading service or even to the same service, the lot could come back with a different grade assigned.
53. Certification does not guarantee protection against the normal risks associated with potentially volatile markets. The degree of liquidity for certified coins and collectibles will vary according to general market conditions and the particular lot involved. For some lots there may be no active market at all at certain points in time.
RELEASE:
54. In consideration of participation in the auction and the placing of a bid, a Bidder expressly releases Auctioneer, its officers, directors and employees, its affiliates, and its outside experts that provide second opines from any and all claims, cause of action, chose of action, whether at law or equity or any arbitration or mediation rights existing under the rules of any professional society or affiliation based upon the assigned grade or a derivative theory, breach of warranty express or implied, representation or other matter set forth within these Terms and Conditions of Auction or otherwise, except as specifically declared herein; e.g., authenticity, typographical error, etc., and as to those matters, the rights and privileges conferred therein are strictly construed and is the exclusive remedy. Purchaser, by non-compliance to its express terms of a granted remedy, shall waive any claim against Auctioneer.
DISPUTE RESOLUTION AND ARBITRATION PROVISION:
55. By placing a bid or otherwise participating in the auction, such person or entity accepts these Terms and Conditions of Auction, and specifically agrees to the alternative dispute resolution provided herein. Arbitration replaces the right to go to court, including the right to a jury trial.
56. Auctioneer in no event shall be responsible for consequential damages, incidental damages, compensatory damages, or other damages arising from the auction of any lot. Auctioneer's maximum liability shall not exceed the high bid on that lot, which bid shall be deemed for all purposes the value of the lot. In the event that Auctioneer cannot deliver the lot or subsequently it is established that the lot lacks title, provenance, authenticity, or other transfer or condition issue is claimed, Auctioneer's liability shall be limited to recission of sale and refund of purchase price. After one year has elapsed, Auctioneer's maximum liability shall be limited to any commissions and fees Auctioneer earned on that lot.
57. Any claim as to provenance or authenticity must be first transmitted to Auctioneer by credible and definitive evidence and there is no assurance after such presentment that Auctioneer will validate the claim. Authentication is not an exact science and contrary opinions may not be recognized by Auctioneer. Even if Auctioneer agrees with the contrary opinion of such authentication, our liability for reimbursement for such service shall not exceed $500.
58. Provenance and authenticity are not guaranteed by the Auctioneer, but rather are guaranteed by the consignor. Any action or claim shall include the consignor with Auctioneer acting as interpleador or nominal party. While every effort is made to determine provenance and authenticity, it is up to the Bidder to arrive at that conclusion prior to bidding.
59. If any dispute arises regarding payment, authenticity, grading, description, provenance, or any other matter pertaining to the Auction, the Bidder or a participant in the Auction and/or the Auctioneer agree that the dispute shall be submitted, if otherwise mutually unresolved, to binding arbitration in accordance with the commercial rules of the American Arbitration Association (A.A.A.). A.A.A. arbitration shall be conducted under the provisions of the Federal Arbitration Act with locale in Dallas, Texas. Any claim made by a Bidder has to be presented within one (1) year or it is barred. The prevailing party may be awarded his reasonable attorney's fees and costs. An award granted in arbitration is enforceable in any court of competent jurisdiction. No claims of any kind (except for reasons of authenticity) can be considered after the settlements have been made with the consignors. Any dispute after the settlement date is strictly between the Bidder and consignor without involvement or responsibility of the Auctioneer. NOTE: Purchasers of rare coins or currency through Heritage have available the option of arbitration by the Professional Numismatists Guild (PNG); if an election is not made within ten (10) days of an unresolved dispute, Auctioneer may elect either PNG or A.A.A. Arbitration.
60. In consideration of his participation in or application for the auction, a person or entity (whether the successful Bidder, a Bidder, a purchaser and/or other Auction participant or registrant) agrees that all disputes in any way relating to, arising under, connected with, or incidental to these Terms and Conditions and purchases or default in payment thereof shall be arbitrated pursuant to the arbitration provision. In the event that any matter including actions to compel arbitration, construe the agreement, actions in aid or arbitration or otherwise needs to be litigated, such litigation shall be exclusively in the Courts of the State of Texas, in Dallas County, Texas, and if necessary the corresponding appellate courts. The successful Bidder, purchaser, or Auction participant also expressly submits himself to the personal jurisdiction of the State of Texas.
MISCELLANEOUS:
61. 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 the Auctioneer's 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, Auctioneer 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.
62. Acceptance of these terms and conditions qualifies Bidder as a Heritage customer who has consented to be contacted by Heritage 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. Heritage may from time to time contact Bidder concerning sale, purchase and auction opportunities available through Heritage and its affiliates and subsidiaries.
63. Storage of purchased coins and currency: Purchasers are advised that certain types of plastic may react with a coin's metal or transfer plasticizer to notes and may cause damage. Caution should be used to avoid storage in materials that are not inert.
STATE NOTICES:
64. Notice as to an Auction Sale in California. Auctioneer has in compliance with Title 2.95 of the California Civil Code as amended October 11, 1993 Sec. 1812.600, posted with the California Secretary of State its bonds for it and its employees and the auction is being conducted in compliance with Sec. 2338 of the Commercial Code and Sec. 535 of the Penal Code.
Rev. 8/17/04
View the Auction Terms
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Buy Now Terms and Conditions
Return Policy:
All orders come with an unconditional seven-day return privilege. We're not satisfied until you are.
All returns must be in their original, undamaged holder and must be accompanied by a copy of the invoice.
You are responsible for fully insuring and the safe delivery of any returns.
Returns after seven days are subject to market fluctuations and will be valued accordingly.
There is no return privilege on any invoice where payment was received late (this includes bounced checks, etc.) Extended Payment Plan purchases are not returnable.
Payment & Shipping:
Shipping and Handling charges will be added to invoices for shipments delivered by mail. Charges will apply as follows, based on the invoice total:
Complete Shipping and Handling Charges
MasterCard or Visa for fastest shipping. Delivery must be to the billing address of the credit card holder. New clients using a credit card may be asked to provide industry references.
Payments may be made by Bank Wire, Cashier's Check, Money Order, or Personal Check. Any written form of payment may be held up to ten days at our discretion. Written payments should be made out to Heritage Capitol Corp. and should be mailed to:
Heritage Rare Coin Galleries
3500 Maple Ave. 17th Floor
Dallas, TX 75219-3941
There is a $25 service charge for any bounced check or stop payment.
Texas residents must pay Texas State Sales Tax on orders for COINS under $1,000. All other collectibles including Currency are charged Sales Tax on the full purchase price. Only registered coin dealers with an approved Resale Certificate are exempt.
All purchasers must be of legal age or have the permission of their parent or guardian.
We do not ship outside the U.S. without written instructions and insurance to be provided by the purchaser.
Title to each item remains the property of Heritage Rare Coin Galleries until good funds are received. Once payment is received, title passes to the purchaser when the order is shipped. With Federal Express shipping, we insure all packages for delivery. With U.S. Postal mail, any claims for lost/damaged packages must be made by (and are the responsibility of) the purchaser. However, we will be cooperative in assisting you with your claim.
Credit applications for approval service are available upon request. Please allow thirty days for processing.
Miscellaneous:
All posted prices are invitations to purchase and are subject to availability and changes in market conditions. They are not offers. No agreement on price has been reached until you receive confirmation from Heritage that your offer to purchase has been accepted.
Heritage is not responsible for typographical errors, incorrect attributions, errors in pricing, or anything of this nature. If we have made an error in our description or price you may return the item at no cost to yourself.
Heritage reserves the right to change any aspect of our Terms & Conditions without prior notice.
Registration & Bidding qualifies user as a Heritage customer and regardless of any regulation to the contrary agrees, until this consent is revoked in writing, that Heritage may from time to time contact user concerning sale and purchase opportunities available through Heritage.