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The Justice Department’s First Publication: Attorney General Edmund Randolph’s Suggestions to Improve the New Federal Judiciary, Including Supreme Court Fixes

EDMUND RANDOLPH, Report of the Attorney-General. Read in the House of Representatives, December 31, 1790. Philadelphia: Francis Childs & John Swaine, 1791. 32 pp., Folio 8 x 13 in.

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The House of Representatives asked Attorney General Edmund Randolph to report on the working of the system established by the Judiciary Act of 1789. Randolph responded with this report, delivered on December 27, 1790, provided criticisms and suggestions that became a blueprint to improve the Federal judiciary. Specifically, Randolph wanted Congress to assert the exclusive jurisdiction of federal courts in certain areas; to relieve Supreme Court justices from the duty of presiding in circuit courts; and to adopt explicitly the common law of the United Kingdom as a basis for judicial decisions unless superseded by specific American legislation. 

The latter two-thirds of the report presents Randolph’s proposal for “A Bill for amending the several Acts concerning the Judicial Courts of the United States,” with his explanatory notes. Before Congress acted on Randolph’s suggestions, in August 1792, all of the Supreme Court justices complained in a letter to President George Washington that circuit travel was too onerous. In response, Congress passed the Judiciary Act of 1793 (see #26594) that required only one, rather than two, justices to sit in each circuit court. Congress did not relieve the justices of circuit-riding duties until 1911.

Item #26590.99, $18,000

Hamilton Serves as Surety for Loan to Fellow Attorney and Second in His Duel with Burr

ALEXANDER HAMILTON, Manuscript Document Signed, Bond, Receipts, Deed, Release of Deed, Widow’s Relinquishment, June 5, 1802–March 24, 1807. 6 pp., 8 x 13 in.

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This compound legal document features the signatures of Alexander Hamilton, Elizabeth Hamilton, two of their sons, and the executors of his will. In June 1802, Alexander Hamilton became one of two sureties for a bond that Nathaniel Pendleton gave to John E. LeConte to ensure the repayment of $6,000 that LeConte loaned to Pendleton. To secure their support as sureties, Pendleton conveyed 4,000 acres of land in Ohio and Clinton County, New York, to Hamilton and the other surety. Pendleton made regular payments of interest and principal to LeConte and completed the repayment by June 1806. In March 1807, Hamilton’s executors (including Pendleton) reconveyed the land to Pendleton, and Elizabeth Hamilton relinquished her dower rights. Her sons James A. Hamilton and John C. Hamilton signed the relinquishment as witnesses.

Item #27210, $18,000

Alexander Hamilton Signed Registration for Schooner Robert of Baltimore

ALEXANDER HAMILTON, Partially Printed Document Signed, Registration of Schooner Robert, April 10, 1790, Baltimore, Maryland. Form printed by Francis Childs and John Swaine in New York. 1 p., 8¾ x 13¼ in.

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Under a law passed in September 1789, Treasury Secretary Alexander Hamilton signed blank certificates in New York and sent them to the collectors of the various ports of the new nation, where the local collector of the port filled them out and signed them. This registration system was part of a Congressional effort to limit the merchant marine to American-built ships owned and crewed by Americans. If a ship met the necessary requirements, it would “be deemed and taken to be, and denominated, a ship or vessel of the United States,” with all the benefits of any U.S. laws. Baltimore collector O. H. Williams filled out and signed this form for the Schooner Robert, owned by Baltimore merchant William Patterson.

Item #27521, $18,000

Newport, Rhode Island Land Deed to Oliver Hazard Perry, Signed by the Wife, Six Daughters and Two Sons-in-law of Moses Mendes Seixas, Who Inspired George Washington’s Famous “to bigotry no sanction” Letter

MOSES SEIXAS FAMILY. [EARLY AMERICAN JUDAICA], Manuscript Document Signed by the wife, six daughters and two sons-in-law of Moses Mendes Seixas. Deed selling 29 Touro Street property to OLIVER HAZARD PERRY, the hero of the Battle of Lake Erie. Signed by Jochebed Seixas (his widow) and their daughters Rachel, with her husband Naphtali Phillips, Judy, with her husband Samuel Lopez, Abby, Grace, Hetty, and Bilhah, plus S.T. Northem as trustee for debtors of Moses’ son Benjamin. November 30th, 1818. 1p, folio, 21½ x 14½ in.

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Elaborate receipt for Newport, Rhode Island sale of land from estate of Benjamin Seixas (1747-1817) signed by numerous members of his family and members of the Spanish-Portuguese Jewish Congregation who were heirs to the property, known now as the Buliod-Perry House at 29 Touro Street, to Commodore Oliver Hazard Perry, the great naval hero of the Battle of Lake Erie in 1813.

Item #25466, $18,000

Rare document of Newport Jewish leader Moses Seixas – who wrote address that elicited George Washington’s most famous statement on religious freedom and citizenship

MOSES SEIXAS, Manuscript Document Signed, to William Channing, December 18, 1788. Receipt for carpeting. 1 p., 7¼ x 4 in.

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Seixas’ 1790 letter of welcome elicited the first president’s most compelling statement on religious liberty, “to bigotry no sanction.” In this 1788 receipt, Seixas signs a receipt documenting payment for carpet by William Channing, the state’s new attorney general.

Item #25418, $18,000

Georgia Constitution of 1798 Prohibits Both the Importation of Slaves and Emancipation by Legislation

[GEORGIA], The Constitution of the State of Georgia. As Revised, Amended and Compiled, by the Convention of the State, at Louisville, on the Thirtieth Day of May, MDCCXCVIII. Augusta: John Erdman Smith, 1799. 36 pp., 4¾ x 8 in. Browned throughout; half calf over marbled boards.

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There shall be no future importation of Slaves into this State, from Africa or any foreign place, after the first day of October next. The legislature shall have no power to pass laws for the emancipation of slaves without the consent of each of their respective owners, previous to such emancipation.

This 1798 Georgia Constitution, the state’s third, better defined legislative power, established popular elections for the governor and authorized a state supreme court. Unlike its predecessors that made no mention of slavery, this Constitution prohibited the further foreign importation of slaves into Georgia. However, it also forbade the legislature from emancipating slaves without the consent of their owners or restricting the immigration of slaves from other states with their owners. Practically, it also did not prevent the extensive internal slave trade from other slave-holding states.

Item #26589.99, $19,000

Hamilton LS to Bank of New York Advising That Collectors Will No Longer Receive Its Notes

ALEXANDER HAMILTON, Manuscript Letter Signed, to President Gulian Verplanck and Directors of the Bank of New York, April 15, 1793, [Philadelphia, Pennsylvania]. 1 p., 7¼ x 8⅞ in.

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Secretary of the Treasury Alexander Hamilton informs President Gulian Verplanck (1751-1799) and the directors of the Bank of New York, an institution he helped to found in 1784, that collectors of three New York and New Jersey ports would no longer receive their bank’s notes in exchange for specie. Those port collectors were John Lamb (1735-1800) of New York City; Henry Packer Dering (1763-1822) of Sag Harbor, on Long Island, New York; and John Halstead (1729-1813) of Perth Amboy, New Jersey.

Item #27438, $19,000

John Quincy Adams’ Copy of a Scarce South Carolina Printing of the Monroe Doctrine

[JOHN QUINCY ADAMS]. JAMES MONROE, Newspaper. State of the Union Message. Cheraw Intelligencer and Southern Register, December 12, 1823. Cheraw, S.C.: William Poole & Co. Secretary of State John Quincy Adams’ name penned in top margin of first page, likely addressed by the publisher. 4 pp., 12¾ x 20 in.

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the American continents, by the free and independent condition which they have assumed and maintain, are henceforth not to be considered as subjects for future colonization by any European powers.

The Monroe Doctrine - as it is now known- was largely the creation of Secretary of State John Quincy Adams, and issued not on its own but as part of James Monroe’s Annual Message to Congress (now referred to as the State of the Union Address). By declaring that the western hemisphere was no longer subject to European colonization, it marked a defining moment in Monroe’s presidency and informed American foreign policy for more than a century.

Monroe’s message covered other important topics, among them the international slave trade, the possible construction of a canal to connect the Chesapeake Bay with the Ohio River, and the Greek War of Independence. In addition, this newspaper prints the editor’s brief reaction to the president’s “luminous message” (p2/c4); notice of Henry Clay’s election as Speaker of the House of Representatives (p2/c4); proceedings of the South Carolina state legislature, including proposed laws prohibiting “free negroes” from entering the state, reports on canal building (p3/c1-2), and other local, national and international news. Notices and advertisements include runaway slave ads (p4/c1).

As Secretary of State, Adams needed to receive news from all parts of the United States. His office was responsible not only for foreign affairs but also for relations between the states and the federal government.

Item #21077.99, $19,000

George Washington’s Second Thanksgiving Proclamation, Sent to American Consuls

EDMUND RANDOLPH, Printed Document Signed, as Secretary of State, this copy sent to Nathaniel Cutting, American Consul at Havre de Grace, France, December 31, 1794, 3 pp and blank on one integral leaf. Randolph’s circular on page one notes that he is attaching a reprint of Thomas Jefferson’s August 26, 1790 letter to our Consuls, and an extract of Jefferson’s May 31, 1792 letter calling attention to a part of the Act of Congress governing the security that consuls have to give to insure they can meet obligations they take on for the United States. He then attaches the full text of Washington’s Second Presidential Thanksgiving Proclamation, which was publicly issued a day later, on January 1, 1795. 15½ x 12⅞ in.

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When we review the calamities which afflict so many other nations, the present condition of the United States affords much matter of consolation and satisfaction.

A day before it is publicly issued, Secretary of State Edmund Randolph Sends Washington’s Proclamation to all American Consuls, as “a better comment upon the general prosperity of our affairs than any which I can make.” According to the President, “the present condition of the United States affords much matter of consolation and satisfaction. Our exemption hitherto from foreign war; and increasing prospect of the continuance of that exemption; the great degree of internal tranquility we have enjoyed…Deeply penetrated with this sentiment, I GEORGE WASHINGTON, President of the United States, do recommend to all Religious Societies and Denominations, and to all Persons whomsoever within the United States, to set apart and observe Thursday the nineteenth day of February next, as a Day of Public Thanksgiving and Prayer…to beseech the Kind Author of these blessings…to impart all the blessings we possess, or ask for ourselves, to the whole family of mankind.

Item #24141, $19,000

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

Alexander Hamilton Writes to His Beloved Wife, Eliza, About the Deteriorating Health of Her Younger Sister, Peggy

ALEXANDER HAMILTON, Autograph Letter Signed “A.H.”, Albany, Tuesday, Feb(ruary) 25, 1801 to Elizabeth (“Eliza”) Schuyler Hamilton, regarding the deteriorating health of her sister, Margarita “Peggy” Schuyler Van Rensselaer. One sheet folded to make four pages, 5 x 7-3/4 in. Addressed on integral leaf in Hamilton’s hand: “Mrs. Hamilton/No. 26 Broadway/New York”, wax seal partially intact on same; further docketed at bottom by Hamilton, “Mrs. H.”

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“My Dear Eliza/Your sister Peggy has gradually grown worse & it is now in a situation that her dissolution in the opinion of the Doctor is not likely to be long delayed. The L. Governor sends the bearer to bring home his Child--I have not time to add more
Adieu my Eliza A.H.”

Item #27110, $20,000

Hamilton’s Advice to Holland Land Company on a New Law Relating to New York State’s Prohibition Against Foreigners Owning Land

ALEXANDER HAMILTON, Autograph Manuscript Draft, to Théophile Cazenove, c. May 19, 1796. 2+ pp.

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Also see the Alexander Hamilton Collection: The Story of the Revolution & Founding

It is manifestly the interest of the parties concerned to avail themselves of this act. They are now intirely at the discretion of the Government....

New York adhered to the common-law prohibition against foreigners owning land. If a citizen purchased property in his own name but the money came from a foreigner, the purchaser was considered a trustee, and the State could seize the property. But Dutch investors, second only to France in their aid to America during the Revolution, invested heavily in American stocks, bonds, and western lands, working largely through their agent Théophile Cazenove.

Item #24625, $20,000

President Adams Writes to an Old Friend, Reflecting on the Vicissitudes of High Office

JOHN ADAMS, Autograph Letter Signed, as President, to Tristram Dalton, March 30, 1798, Philadelphia, [Pa.] 2 pp., 8 x 9⅞ in.

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A wistful letter to a boyhood friend in which Adams mentions some guileful political colleagues and laments the “popular Passions of the times” and the general neglect of his political writings. “The Difficulty of leading or guiding Millions, by any means but Power and Establishments can be known only to those who have tried Experiments of it.

Item #27564, $25,000

Former President and Future Confederate Supporter John Tyler Forcefully Defends the Fugitive Slave Act and the “Southern Cause,” Attacks the NY Press, and Plays up His Own Service in the War of 1812

JOHN TYLER, Autograph Letter Signed and Autograph Manuscript Signed several times in the third person. Sent to S. Cunningham, from Sherwood Forest, October 12, 1850, 1 p., 9⅜ x 7¼ in. on blue paper marked “Private,” being the cover letter for the manuscript, written for anonymous publication: “The fugitive slave bill and Commissioner Gardiner,” [ca. October 12, 1850], 2 pp., 9⅜ x 7⅞ in. on blue paper.

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In the first fugitive slave law case, which came before his cousin Commissioner Gardiner: “The fugitive was promptly dealt by and restored to his owner in Baltimore. Mr. Gardiner has proven himself to be a faithful public servant, an honest man, and a Patriot. And yet, by a certain class of Editors in New York he is sneered at…

Tyler criticizes two NY editors in particular: “Now what jackasses are Mssrs Herricks and Ropes… These would-be somethingarians [a colloquialism, usually used as an insult] in the first place, deem it a matter of censure in a judge, to execute the law—and, in the next they show their ignorance … by ascribing to Mr. Tyler under their witty soubriquet of Captain (a title he is well content to wear since he enjoyed it during the war of 1812 with Great Britain)…

Item #24043, $28,000

Declaration of Independence Signer Samuel Huntington’s Copy of an Act of Congress Signed by Thomas Jefferson

THOMAS JEFFERSON, Printed Document Signed as Secretary of State. “An Act to alter the Times and Places of holding the Circuit Courts in the Eastern District, and in North-Carolina,...” Philadelphia, Pa., March 2, 1793. 2 pp., 9¾ x 15 in. Signed in Type by George Washington as President. Lengthy docket by Samuel Huntington.

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This act establishes the exact places and dates for the spring Circuit Courts to meet for the eastern districts of New-York, Connecticut, Vermont, New-Hampshire, Massachusetts, and Rhode Island. This copy of the act, duly signed by Secretary of State Thomas Jefferson a day before the official date of the end of the Second Congress, was sent to Governor Samuel Huntington of Connecticut because the act specified that the spring circuit court “shall henceforth be held … for the district of Connecticut, at New-Haven on the twenty-fifth day of April…”

Item #23042.99, $30,000

Thomas Jefferson Transmits the First Patent Act to Governor of New York George Clinton, Who Later Replaced Aaron Burr as Jefferson’s Vice President

THOMAS JEFFERSON, Letter Signed, as Secretary of State, to Governor George Clinton of New York, April 15, 1790, New York. 1 p., 7¾ x 9½ in

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In his position as Secretary of State, Thomas Jefferson conveyed copies of new federal laws to the governors of each of the states. This letter, signed by Jefferson, conveyed the First Patent Act, formally An Act to Promote the Progress of Useful Arts, to New York Governor George Clinton, who would later serve as Jefferson’s second vice president.

Item #26389.99, $32,000

Jefferson’s Autograph Notes Explaining Napier’s Rule on Spherical Triangles, a Branch of Geometry Crucial to Astronomy, Geodesy, Navigation, & Architecture

THOMAS JEFFERSON, Autograph Manuscript. Notes on Napier’s Theorem. [Monticello, Va.], [ca. March 18, 1814].

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John Napier, who is also credited with inventing logarithms and pioneering the use of the decimal point, first published his rule in 1614. While spherical trigonometry was the foundation for many scientific pursuits including astronomy, celestial navigation, geodesy (the measurement and mathematical representation of the Earth), architecture, and other disciplines, Napier’s Theorum remained largely unknown in America because of its complexity. Since it was so important to his own scholarly pursuits, Jefferson, the Sage of Monticello, was the perfect person to school a professor friend on this important, but complicated mathematical formula.

For instance, a navigator’s distance and position can be determined by “solving” spherical triangles with latitude and longitude lines—essentially very large triangles laid out on a curved surface. Astronomers apply similar principles; stargazers imagine the sky to be a vast dome of stars, with triangles laid out on curved (in this case concave) surface. The distance of stars can be calculated by the viewer, who is considered to be standing at the center (the Earth) and looking up at stars and planets as if they were hung on the inside surface of the sphere. In architecture, spherical triangles fill the corner spaces between a dome that sits on foursquare arches—called a dome on pendentives.

Item #23358, $35,000

Charles Thomson (One of Only Two Men to Sign the Declaration of Independence on July 4) Sends Treaty of Paris Proclamation Officially Ending the Revolutionary War

CHARLES THOMSON, Manuscript Letter Signed, to Georgia Governor John Houstoun, January 16, 1784, Annapolis, Maryland. 1 p., 6¼ x 7¾ in.

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Charles Thomson of Pennsylvania served as Secretary of the Continental and Confederation Congresses throughout their entire fifteen-year existence, from 1774 to 1789. In that position, he signed the Declaration of Independence on July 4th. With a very small executive department, the role was much more than clerical; especially when Congress was not in session, he essentially acted as the prime minister of the pre-Constitutional United States.

This letter to the governor of Georgia transmitted printed copies of the Proclamation of the Treaty of Paris and Congressional Resolution (both no longer present), written by Thomas Jefferson, recommending that the states restore the confiscated property of all British subjects who had “not borne arms against the...United States” in a “spirit of conciliation.” The recipient, John Houstoun, had taken office as governor of Georgia one week earlier.

Item #27680, $37,500

Constitutional Convention, Pennsylvania Ratification Debates, More, in 1787 Newspaper Run

[U.S. CONSTITUTION], The Pennsylvania Herald, and General Advertiser, January 3 to December 29, 1787. Philadelphia: Mathew Carey, Christopher Talbot, and William Spotswood. Bound volume of 83 issues of 4 pages each. 332 pp., 11 x 19 x 1½ in. Normally published semi-weekly on Wednesdays and Saturdays, but from September 11 to October 6, it was published on Tuesdays, Thursdays, and Saturdays. (Lacking issues of Jan. 20, 24, 27, 31, Feb. 3, 7, 17, 24, March 17, May 9, 12, 16, 23, July 4, 14, 18, 28, Aug. 11, Sept. 11, 20, 29, Oct. 2, 31, Dec. 1, 5.)

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The year 1776 is celebrated, says a correspondent, for a revolution in favour of liberty. The year 1787, it is expected will be celebrated with equal joy, for a revolution in favour of government. The impatience with which all classes of people wait to receive the new federal constitution, can only be equalled by their zealous determination to support it.” Sept. 8, 1787.

This fascinating extensive run of the Pennsylvania Herald gives a sense of the anticipation over the results of the closed-door U.S. Constitutional Convention, which deliberated from May through September in Philadelphia. It follows with in-depth coverage of the debates in the Pennsylvania Ratification Convention in November and December, also in Philadelphia.

Item #24828, $48,000

Congress Begs the States for the Power to Regulate Trade and Negotiate Treaties

CHARLES THOMSON, Document Signed as Secretary of Congress. Resolutions Concerning Foreign Commerce. April 30, 1784, [Annapolis, Maryland]. 1 p., 7¾ x 12¾ in.

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“The fortune of every citizen is interested in the success thereof [of trade]; for it is the constant source of wealth and incentive to industry; and the value of our produce and our land must ever rise or fall in proportion to the prosperous or adverse state of trade.…”

Item #20874.99, $54,000
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