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Acquittal of Printer John Peter Zenger in Colonial New York Establishes Foundation for American Freedom of the Press

[JOHN PETER ZENGER], The Trial of John Peter Zenger, Of New-York, Printer: Who was charged with having printed and published a Libel against the Government; and acquitted. With a Narrative of his Case. To which is now added, being never printed before, The Trial of Mr. William Owen, Bookseller, near Temple-Bar, Who was also Charged with the Publication of a Libel against the Government; of which he was honourably acquitted by a Jury of Free-born Englishmen, Citizens of London, 1st ed. London: John Almon, 1765. Three-quarter olive calf, red morocco spine label, stamped in blind and in gilt, over marbled paper-covered boards; some sunning to leather; all edges trimmed. 60 pp., 5 x 8.25 in.

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It is not the cause of a poor printer...it is the cause of liberty.

This volume, printed in London three decades after John Peter Zenger’s trial, illustrates the continuing relevance of his acquittal to the freedom of the press. The volume also includes the story of William Owen, a London bookseller, who had been prosecuted for libel at the request of the House of Commons in 1752. Like Zenger, Owen was also acquitted by a jury.

John Almon, a publisher and bookseller known for his commitment to the freedom of the press, printed the volume as part of his challenge to governmental censorship of the press. In the same year that Almon published this pamphlet, the attorney general prosecuted him for the publication of a pamphlet entitled Juries and Libels, but the prosecution failed.

Item #27745, $3,500

The Psalms of David, Carried in a Rhode Island Revolutionary War Unit in 1776

[REVOLUTIONARY WAR; RHODE ISLAND]. ISAAC WATTS, Book. The Psalms of David, Imitated in the Language of the New Testament: and Applied to the Christian State and Worship (title supplied). Norwich, [Connecticut]: Alexander Robertson, James Robertson, and Trumbull, 1774. Approx. 300 pp., 3 x 5 x 1¼ in.

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Bibles, psalm books, or other printed works carried during the Revolution are rare on the market. This edition appears to be scarce: the last offering we find was by Goodspeed’s in 1934.

Item #24693, ON HOLD

One of the Earliest Announcements of Independence

DECLARATION OF INDEPENDENCE, The Pennsylvania Magazine; Or American Monthly Museum for January-July, 1776. Philadelphia: Robert Aitken. [5]-344pp.

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A bound volume containing a remarkable issue—one of the most historic magazines ever printed.

July 2.  This day the Hon. Continental Congress declared the UNITED COLONIES FREE AND INDEPENDENT STATES.

Item #21422.99, $48,000

July 8, 1776 – The First Book Printing of the Declaration of Independence, and One of the First Printings

[Declaration of Independence], “In Congress, July 4, 1776. A Declaration by the Representatives of the United States of America, in General Congress assembled,” pp. 41–46. Printed immediately after The Genuine Principles of the Ancient Saxon, or English Constitution. Carefully collected from the best Authorities; with some Observations, on their Peculiar Fitness, for the United Colonies in General, and Pennsylvania in Particular. By Demophilus. Philadelphia: Printed, and Sold, by Robert Bell, [July 8,] 1776, as dated by the terminal advertisement leaf.

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Very rare. According to Sotheby’s, “while there are copies . . . in a number of major libraries and historical societies, only three other copies have appeared at auction since the Streeter sale” of 1967.

Item #26587.99, $450,000

General Washington Orders Declaration of Independence Read to Army in New York

[DECLARATION OF INDEPENDENCE], Manuscript Orderly Book. Headquarters [New York City], [July 8, 1776 – August 21, 1776]. Containing two overlapping sequences in different hands: one 145-page sequence runs from July [9], 1776 to August 21, 1776, and another 13-page segment (written from the other end of the book) runs from July 8-13, 1776. 158 pp. 7½ x 6 in. Both versions vary slightly from the published text of Washington’s General Orders of July 9. This volume, with Brigade and Regimental orders, was either kept by battalion adjutant Aaron Comstock or an orderly sergeant in one of Gold S. Silliman’s eight companies enlisted in Connecticut shortly before. This is likely the battalion’s first orderly book after arriving in New York with approximately 415 men.

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the Honble Continental Congress … haveing been plead to Desolve Connection Between this country & great Britain & to declare the united Colonys of North America free & Independent States the Several Brigades are to be Drawn us [up] this Evening on their Respective Parades at 6 oclock when the Deleration of Congress Shewing the grounds & Reasons of the Measures to be Read with Laudable [audible] Voice the genl [George Washington] Hopes that this important Point will serve as a fresh incentive to Every officer and soldier to act with fidelity & courage as knowing that now the Peace and Safety of this country Depends under god solely on the success of our arms....” (July 9, 1776)

the gel being informed to his great surprize that a Report prevails & Industrously spread far and wide that Lord how [British General Lord William Howe] has made <145> Propositions of Peace Calculated by disguiseing Persons most Probably To Lull us into a fatal Security his Duty obliges him to Declare that No such offer has been made by Lord how but on the Contrarary from the Best inteligence he can Procure the army may Expect atack as soon as the wind and tide proves favorable He hopes theirfore every mans mind & arms may be Prepared for action and when caled to it shew our enemies & the whole world that free men Contendin for their own Land are Superior to any Mercenaries on Earth.... (August 20, 1776)

Remarkable manuscript book containing two separate versions of Washington’s General Orders of July 9, 1776, announcing to the Continental Army in New York that Congress had formally declared the 13 colonies to be independent of Great Britain. Of course, Washington’s name is notably absent on the Declaration of Independence, as he was in New York preparing to face the music of the inevitable British invasion.

Item #21461.99, $115,000

Masonic Constitution Dedicated to George Washington, with frontispiece Masonic Coats of Arms by Future Chief Engraver of the US Mint

[GEORGE WASHINGTON]. LAURENCE DERMOTT, Book. Ahiman Rezon [Help to a Brother] abridged and digested: as a Help to all that are, or would be Free and Accepted Masons. To which is added, A Sermon, Preached in Christ-Church, Philadelphia, At A General Communication, Celebrated, agreeable to the Constitutions, on Monday, December 28, 1778, as the Anniversary of St. John the Evangelist. Published by order of The Grand Lodge of Pennsylvania, by William Smith, D.D. Philadelphia: Hall and Sellers, 1783. 4¾ x 7⅝ in.; engraved frontispiece, xvi, 166 pp. First edition.

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In Testimony, as well as of his exalted Services to his Country as of that noble

Philanthropy which distinguishes Him among Masons

This is the scarce first American edition of the Grand Lodge of Pennsylvania’s Masonic Constitution, dedicated to Washington as “General and Commander in Chief of the Armies of the United States of America.

The 1778 sermon included in this volume carries a similar dedication, as well as a detailed description of the procession in which “our illustrious Brother George Washington” marched as guest of honor. The sermon itself contains a remarkably prescient characterization of Washington as an American Cincinnatus. The volume’s fine frontispiece engraving of two Masonic coats-of-arms is by Robert Scot (Scott), future chief engraver of the United States Mint.

Item #25745, $1,450

Charter of the Marine Society of the City of New York, Printed in 1788 with Franklin’s Passy Type

[NEW YORK], Printed Pamphlet, Charter of the Marine Society of the City of New-York, in the State of New-York, to Which are Added, the Bye-Laws, and a List of the Members of the Society. New York: Francis Childs, 1788. 34 pp., 6 x 7.75 in. Octavo, contemporary marbled boards (detached), title page toned, some edge tears – but very rare., 1/1/1788.

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A rare volume printed with Franklin’s Passy type. According to Rare Book Hub, only one copy of this edition sold between 1946 (Parke Bernet, 16 May, lot 168) and 2021. Provenance: India House. Ref: “A Descriptive Catalogue of the Marine Collection … at India House” (N.Y., 1935).

Item #26537, $3,500

Early Printing of the Original Twelve Articles of the Bill of Rights

[BILL OF RIGHTS], Acts Passed at the First [-Third] Session of the Congress of the United States of America, Begun and Held at the City of New-York, on Wednesday the Fourth of March, in the Year M,DCC,LXXXIX. Philadelphia: Printed by Francis Childs and John Swaine, 1791. 3 volumes bound in one, 8vo (368 x 305 mm, uncut). Library stamp on B1 of the first session, repair to lower right corner of Yy4 in the third session. Modern quarter morocco over marbled boards.

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Early reprint of Childs and Swaine’s first official printing, which was issued in New York in 1789. This issue appeared in Philadelphia after the nation’s capital was moved there, and the printers had set up shop. All early printings are scarce, especially those of the first three sessions.

Item #26629.99, $20,000

Opposing the African Slave Trade - 1790 New Haven Sermon

JAMES DANA, Pamphlet. The African Slave Trade. A Discourse Delivered in the City of New-Haven, September 9, 1790, before The Connecticut Society for The Promotion of Freedom. Half-title: Doctor Dana’s Sermon on the African Slave Trade. New Haven: Thomas and Samuel Green, 1791. Evans 23308. 33 pp., 4¾ x 8¼ in.

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Our late warfare was expressly founded on such principles as these: ‘All men are created equal: They are endowed by their Creator with certain unalienable rights; among these are life, liberty, and the pursuit of happiness’.... Those who profess to understand and regard the principles of liberty should cheerfully unite to abolish slavery....

In 1784, Connecticut passed a law that all slaves born after March 1, 1784, were to be freed before or when they reached the age of 25. In 1790, a group of clergymen, lawyers, and academics formed the Connecticut Society for the Promotion of Freedom and for the Relief of Persons Unlawfully Holden in Bondage to support the law. Yale University president and Congregationalist minister Ezra Stiles, formerly a slave owner, served as the society’s first president. Here, Rev. Doctor James Dana reviews the history and extent of slavery in the world. Calling it unjust, unchristian, and against the principles of the American Revolution, he urges abolition. Dana’s sermon, and those preached at the Society by Jonathan Edwards Jr., Theodore Dwight, and others, were among the most popular anti-slavery literature from the period. However, the Connecticut Society lapsed and disappeared after the turn of the century.

Item #24464, $1,900

Justice William Paterson Hold State Law Unconstitutional in Charge to Jury

WILLIAM PATERSON, The Charge of Judge Paterson to the Jury in the Case of Vanhorne’s Lessee against Dorrance: Tried at a Circuit Court for the United States held at Philadelphia, April Term 1795: Wherein the Controverted Title to the Wyoming Lands, Between the Claimants under Pennsylvania and Connecticut, Received a Decision. Philadelphia: Samuel H. Smith, 1796. 42 pp., 3.5 x 5.75 in.

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The case of Van Horne’s Lessee v. Dorrance (1795) was one of the earliest cases in which a federal court asserted the right to disregard a state law that conflicted with the state constitution. Justice William Paterson insisted that a Pennsylvania law that divested one person of property and vested it in another was inconsistent with the “inherent and unalienable rights of man” and a violation of the sanctity of contracts as guaranteed by both the Pennsylvania constitution and the Constitution of the United States.

Item #26251.10, $3,500

Accusing Recently Retired Hamilton of Financial Malfeasance

JAMES CALLENDER, Book. Historical Memories of the United States for 1796. Jan 1797. [Philadelphia: Bioran and Madan]. 288 pp. Half calf and marbled boards, bound in antique style, spine gilt, corners leather tipped.

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Item #24363, $3,500

Unique Inscribed Set of John Marshall’s Life of George Washington, With Joseph Story Letter to the Daughter of the Late Associate Justice Henry Brockholst Livingston, Conveying Marshall’s Thanks and Noting That He Will Be Sending to Her These Very Books

JOHN MARSHALL, Inscribed books, signed “The Author.” The Life of George Washington, Commander in Chief of the American Forces, During the War which Established the Independence of his Country, and First President of the United States, Compiled under the Inspection of the Honourable Bushrod Washington, From Original Papers Bequeathed to him by his Deceased Relative, 2 vols. Philadelphia: Carey & Lea, 1832. 2nd Edition, Revised and Corrected by the Author. Volumes I – II bound in red quarter leather spine and brown leather, each inscribed and signed, “For Mrs. Ledyard with the profound respect of The Author.” John Marshall’s magisterial biography of George Washington was originally a five-volume set. This 1832 publication was revised by Marshall and issued in two volumes, with a companion volume of Revolutionary War maps: Atlas to Marshall’s Life of Washington, Philadelphia: J. Crissy, [1832], 10 hand-colored maps, bound in red quarter leather with original blue boards. With scarce printed errata for Volume I laid in, and manuscript errata for Vol II. The letter requires conservation.

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Item #26161, $27,500

John Marshall’s “Life of George Washington”
and Companion Atlas with Hand-colored Maps

JOHN MARSHALL. [GEORGE WASHINGTON], Books, The Life of George Washington Commander in Chief of the American Forces, During the War which Established the Independence of his Country and First President of the United States, Compiled Under the Inspection of the Honourable Bushrod Washington, From Original Papers Bequeathed to him by his Deceased Relative, 2nd edition, in two volumes. Philadelphia: James Crissy and Thomas Cowperthwait, 1840. 982 pp. plus index, 5½ x 9 in. Both have pencil inscription on blank fly leaf “A. Seeley 1851 Presented by T.C. Gladding.” Rebound; very good, some foxing toward the front. OCLC 183328030. With: Atlas to Marshall’s Life of Washington, Philadelphia: J. Crissy, [1832], 10 hand-colored maps. Ex-Grand Lodge A.F. & A.M. of Massachusetts bookplate on front paste-down. Black cloth spine and corners, original green boards with label. Internally fine. OCLC 191237946.

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Chief Justice John Marshall’s magisterial biography of George Washington was originally a five-volume set. This 1840 publication, revised and issued in two volumes, also includes the 1832 companion atlas of maps relating to the Revolutionary War.

Item #22477, $1,250

A Scarce Record of Thomas Dorr’s Trial for Treason
After His Failed Revolt

JOSEPH S. PITMAN. [DORR WAR], Book. Report of the Trial of Thomas Wilson Dorr, for Treason; Including the Testimony at Length...Together with the Sentence of the Court, and the Speech of Mr. Dorr Before Sentence. Providence, R.I., B.F. Moore, 1844. 1st ed., 115 pp., 5 1/3 x 8¾ in.

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Item #22542, $1,250

California Constitution First Printing in Book Form–One of Earliest Printings in San Francisco

[CALIFORNIA], Constitution of the State of California. San Francisco: Office of the Alta California, 1849. 16 pp., 5¾ x 9⅝ in.

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We, the People of California, grateful to Almighty God for our freedom, in order to secure its blessings, do establish this Constitution.” (p3)

Art. I, “Sec. 18. Neither slavery, nor involuntary servitude, unless for the punishment of crimes, shall ever be tolerated in this State.” (p4)

Item #26586.99, $17,500

The Reform Constitution of Virginia Signed by the Man Who Warned South Carolina Governor Pickens about the Reinforcement of Fort Sumter

LITTLETON Q. WASHINGTON, Pamphlet, Constitution of Virginia, ca. 1851, signed at top in ink, “L. Q. Washington,” with pencil beneath (in another hand), “Mr. Washington Asst. Secty of State 1850-1851.” 33 pp., 5⅝ x 8⅝ in.

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After Virginia adopted the Declaration of Independence, George Mason and James Madison began drafting a state Constitution. For James Madison, helping draft his state’s Constitution would serve as a dress rehearsal for his future task of writing the U.S. Constitution. Virginia adopted its first constitution in 1776, and a major revision in 1830 loosened suffrage requirements. As more residents populated the western counties, they were underrepresented in the legislature because of continuing property requirements for voting.

The most significant changes in the 1851 Constitution included the extension of the suffrage to all white males of voting age, the creation of the office of lieutenant governor, and the election rather than appointment of judges. Because of these changes, this version has been called the Reform Constitution.

Item #22395, $2,000

Hand-Made Union Patriotic and Religious Song Book

[CIVIL WAR], Manuscript Pen and Ink Folk Art Song Book, ca. 1864. 24 pp., 6⅝ x 8 in.

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This hand-sewn booklet contains eight songs popular during the Civil War era, with music and lyrics in calligraphy. Songs include “On a Green Grassy Noll” by J. D. Canning, with music by Ira Odell; “The Old Mountain Tree” by James G. Clark; “Harmonian Waltz”; “Year of Jubilee, or Kingdom has Come!”; “Squire Jones’s Daughter”; “The Sweet Birds Are Singing”; “Lament of the Irish Emigrant”; and “Soon and For Ever,” by J. B. Monsell. The last page of the booklet is dated February 21, 1864.

Item #24826, $4,500

Unique Sea Mosses Book Sold at the New York Metropolitan Fair to Benefit Sick and Wounded Union Troops

[CIVIL WAR]. ANNA BIGELOW, Autograph Manuscript Signed unique calligraphy book with illustrations, pressed sea weeds, and hand lettered four lines of verse titled ‘Sea Weeds.’ New York, N.Y, 1864. 7½ x 10½ on 60-plus pages with 31 moss examples interleaved.

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“call us not weeds, we are flowers of the Sea.”

Item #24170, $1,750

1865 General Orders,
Including Many Regarding Lincoln’s Assassination

[CIVIL WAR - WAR DEPARTMENT], Book. Bound collection of separately printed General Orders from the Adjutant General’s office for 1865. Containing 168 of 175 consecutive orders, and a 94-page index at front. Bound for Major General William Scott Ketchum, with his name in gilt on the spine and his markings or wartime notes on numerous pages. 4¾ x 7 in.

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Item #22265, $4,800

Illinois Governor Richard Yates’ Fourth of July Address at the End of Civil War – Unhappy that the Nation Would not Execute Jefferson Davis

[CIVIL WAR & RECONSTRUCTION]. RICHARD YATES, Printed Pamphlet. Speech of Hon. Richard Yates, Delivered at Elgin, Ill. on the Fourth Day of July, A.D. 1865. Jacksonville, IL: Ironmonger and Mendenhall, 1865. 8 pp., 6⅛ x 9½ in.

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The American revolution was begun and fought through for an idea—to establish that man is a man—to vindicate the right of every man to equal rights and to equal citizenship…. Every boy imbibes the genius of our free institutions. The poor friendless rail splitter rises to the proudest pinnacle of human power. [Cheers] The poor tailor boy becomes and is now our President, [cheers] the ferry boy the Chief Justice of our Supreme Court, (cheers) and the humble tanner boys become the great commander, who marshals a million of veteran warriors in the great cause of union and liberty, and holds up the flaming symbol of emancipation to a whole race of mankind. (Applause.)” (p1/c2 – p2/c1)

And yet, for Jeff Davis, who has been a wholesale murderer, who has struck at the life of the whole nation, and rolled the red wave of bloody civil war over the land, they say we must be magnanimous. [Sensation.] We shoot the poor deserter and the poor soldier who is found sleeping at his post on guard, but the nation must be magnanimous and not execute Jeff Davis!” (p6/c1)

Item #24904, $350
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