“[T]he Eleventh Amendment, which restrains the jurisdiction granted by the Constitution over suits against States, is, of necessity, limited to those suits in which a State is a party on the record.”

Ohio levied taxes on each branch of the U.S. Bank in the state. The Court had already ruled in McCulloch v. Maryland that such taxes were unconstitutional, but Ohio persisted in enforcing the tax. Ralph Osborn, the State Auditor, seized funds from the Bank. The circuit court ordered Osborn and his colleagues to repay the amount seized. The question is Osborn was, did the federal circuit court’s assertion of jurisdiction violate the Eleventh Amendment? In a 6-to-1 decision, the Court upheld the circuit and ruled that the Ohio law was “repugnant to the Constitution.” Osborn and his colleagues were thus “incontestably liable for the full amount of the money taken out of the bank.”

This issue includes a first printing of the landmark Supreme Court decision in the case of Osborn et al. v. The Bank of the United States. The Court announced its decision on Friday, March 19, 1824, and this printing appeared on Monday, March 22.

Interesting broadside in Latin issued for Harvard University’s 1786 commencement lists Latinized names of 45 graduating students. Among the graduates are Joseph Warren (1768-1790), the son of prominent Boston physician and Harvard graduate Joseph Warren, who was killed at the Battle of Bunker Hill in 1775; Boston attorney Timothy Bigelow (1767-1821); U.S. Senator Christopher G. Champlin (1768-1840); Boston attorney John Lowell Jr. (1769-1840), whose grandson served as president of Harvard in the early twentieth century; U.S. Senator Thomas W. Thompson (1766-1821); and Massachusetts Chief Justice Isaac Parker (1768-1830).

First French edition, issued at a crucial moment in that country’s history, as the Revolution was becoming more radical. In 1792 the French Assembly stripped Louis XVI of his power and declared him a prisoner of the nation. They called together the Convention, in order to draft a new constitution to replace that of the prior year. Adams’s treatise explaining and defending the principles of the constitution of the government of the United States would have been a timely and informative work for the emerging French government.

Excerpt

“it shall be the duty of the Secretary of the Treasury, to digest and report plans for the improvement and management of the revenue, and for the support of public credit—To prepare and report estimates of the public revenue, and the public expenditures—To superintend the collection of the revenue—To decide on the forms of keeping and stating accounts, and making returns, and to grant, under the limitations herein established, or to be hereafter provided, all warrants for monies to be issued from the Treasury, in pursuance of appropriations by law—To conduct the sale of the lands belonging to the United States, in such manner as shall be by law directed—To make report, and give information to either branch of the Legislature, in person or writing, (as he may be required) respecting all matters referred to him by the Senate or House of Representatives, or which shall appertain to his office, and generally to do or perform all such services, relative to the finances, as he shall be empowered or directed to do and perform.” (p3/c2)

Royal Artillery Lieutenant Thomas G. T. Williams compiled this list of ordnance and ammunition that the British Army seized from the Americans in their march toward Washington, at the Battle of Bladensburg, and in the capture of the American capital of Washington, D.C. It also notes that Americans destroyed a great deal of ammunition and ordnance as they abandoned Washington to the British. A few days later, the British would have less success against American forces at Baltimore and Fort McHenry. Four months later, 23-year-old Williams died of yellow fever outside of New Orleans.

This affidavit is from a federal court case that Judge Nathaniel Pendleton heard in Georgia.

“it affords me much satisfaction to be able to communicate the commencement of a favorable change in our foreign relations....”

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

“The establishment of a bank for the United States … upon the principles which afford adequate security for an upright and prudent administration.”

“the malignant shafts of your disappointed ambition fell perfectly harmless at my feet. I am incapable of any revenge towards you & let me assure you that my chivalry would not permit me to avenge any rongs which you could offer… But if you are serious make good your bost—throw the gantlett upon nutrill ground....”

Jacksonian Congressman Samuel P. Carson dares his recent opponent Dr. Robert B. Vance to challenge him to a duel. Carson had won Vance’s seat in 1825. In 1827, Vance tried to regain his old seat, in part by accusing Carson’s father of turning Tory during the Revolutionary War. Carson’s lopsided victory (by more than a two-to-one margin) apparently wasn’t enough. On November 5, 1827, the men met near Saluda Gap, perhaps just over the border into South Carolina, where dueling was legal until 1880. Vance withheld his shot. Carson did not. He seriously wounded Vance, who died the next day.

“Randolphs charges ag^t. Jefferson are that he recommended one thing in his private message, which he counteracted by his ‘back door pimps’ and obtained 2 Millions of Dollars to give Talleyrand, to open the door with Spain for Negotiation //- Also, for having nominated Gen.^l Wilkinson Governor of upper Louisiana - blending the military with the civil.”

“R[andolph]- remarked in a reply to B[idwell], that he considered the ‘half formed opinion, from the half bred Attorney, as not worthy an answer, unless it was to tell him, that he was like the rest of the political wood cocks, with which he associated, that had run their Bills in the mud, and therefore wished not to see, nor to be seen.’ ”

This newspaper includes the full text of “An Act establishing a Mint and regulating the Coins of the United States” of April 2, 1792, signed in print by Speaker of the House Jonathan Trumbull, Vice President John Adams, President George Washington, and Secretary of State Thomas Jefferson. The bill established a mint, specified its officers, and reaffirmed the Congress of the Confederation’s adoption of decimal currency in 1785 (p1/c1-p2/c1). President Washington appointed David Rittenhouse of Pennsylvania as the first director of the mint on April 13, 1792.

It also includes President George Washington’s first veto message, in which he vetoed “An Act for an Apportionment of Representatives among the Several States, according to the First Enumeration” on April 5, 1792 (p3/c1). The bill introduced a new plan for dividing seats in the House of Representatives that would have increased the number of seats held by northern states. After consulting with his divided cabinet, Washington decided that the plan was unconstitutional because the Constitution provided “that the number of Representatives shall not exceed one for every 30,000; which restriction is, by the context, and by fair and obvious construction, to be applied to the separate and respective numbers of the States; and the bill has allotted to eight of the States more than one for 30,000” (p3/c1). Secretary of State Thomas Jefferson had suggested that apportionment be derived from arithmetical calculations.

When Washington’s veto arrived, Congress considered overriding the veto by a two-thirds vote, but only 28 representatives still favored the bill, while 33 opposed it (p3/c1). Ultimately, they threw out the bill and passed a new one that apportioned representatives at “the ratio of one for every thirty-three thousand persons in the respective States.”

Including two March 3, 1791 Acts of Congress: Resolution to Establish U.S. Mint, and Act that President be requested to report to Congress on “the quantity and situation of lands not claimed by the Indians, nor granted to, nor claimed by any of the citizens of the Unties States within the territory ceded to the United States by the State of North-Carolina, and within the territory of the United States north-west of the river Ohio.” Also the March 30, 1791 Proclamation of Permanent Seat of Government, signed in type by Washington and Jefferson.

“Mercy! mercy on me. What fellows those Baltimoreans are. After the example of the Alexandrians I thought I had nothing to do but enter the Town and carry off the Booty. And here is nothing but Defeat and Disgrace!!”

A masterpiece of design and composition.

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.

In this letter, Thomas Jefferson provides initial and basic instructions to the consuls and vice-consuls of the United States in European and Caribbean ports. It focuses primarily on the logistics of monitoring and reporting the presence of American vessels in the ports under their authority and on other “political and commercial intelligence as you may think interesting to the United States.” It authorizes consuls and vice-consuls to wear the uniform of the U.S. Navy if they choose to do so and provides details on the features of the uniform. Finally, Jefferson offers advice on maintaining good relationships with the governing authorities. He urges the consuls to avoid minor quarrels and to use the utmost respect in communications with governing officials, “never indulging in any case whatever a single expression which may irritate.”

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).

This issue contains an inside page report of the U.S. taking possession of Florida from Spain under the terms of the Adams-Onís Treaty of 1819. This issue was owned by, delivered to, and read by John Quincy Adams (the “Adams” in the Adams-Onís Treaty) when Adams was the Secretary of State in the James Monroe administration. “Hon. John Q. Adams” is written in contemporary brown iron gall ink in the top blank margin on the front page, indicating that this issued was delivered to Adams while he was serving as Secretary of State.