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John Marshall’s Supreme Court Decides Osborn et al. v. The Bank of the United States, landmark 11th Amendment Case

[JOHN MARSHALL], Newspaper. Daily National Intelligencer, March 22, 1824. Washington, DC: Gales & Seaton. Opinion for the Supreme Court in Osborn et al. v. The Bank of the United States fills pages 3 and 4. 4 pp.

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[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.

Item #24689, $1,950

Harvard’s 1786 Graduating Class and Their Theses, Dedicated to Gov. James Bowdoin

HARVARD COLLEGE, Broadside. List of Graduating Students and Theses for Disputation. Boston, Massachusetts: Edmund Freeman, 1786. 1 p., 16 x 24 in.

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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).

Item #23331, $1,950

Early Printing of a Bill to Establish the Treasury Department

[ALEXANDER HAMILTON], The Pennsylvania Packet, and Daily Advertiser. Newspaper, June 11, 1789 (No. 3233), Philadelphia: John Dunlap and David C. Claypoole, including the Bill to establish the Treasury Department, 4 pp., 11 x 18.25 in.

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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)

Item #25031, $2,000

British Lieutenant Inventories Ammunition and Ordnance Taken from Americans in Burning of Washington

[BURNING OF WASHINGTON, DC.], Thomas G. T. Williams, Copy of Manuscript Document Signed, August 25, 1814, Washington, D.C. 2 pp., 8⅛ x 13½ in.

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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.

Item #27323.03, $2,000

Signed by Hamilton’s Second in Fatal Duel

NATHANIEL PENDLETON, Manuscript Document Signed as Federal Judge, District of Georgia. Deposition of Hannah Miller, March 14, 1796, St. Marys, Georgia.

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

Item #24398, $2,000

War of 1812 Hero, Early New Mexico Explorer, and the “First American Buried in California Soil”

SYLVESTER PATTIE, Document Signed. Promissory Note with Pattie signing as witness. No place, October 20, 1800. 1 p., 7¾ x 2¾ Docketed on the verso and signed by Boyd with his mark.

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Item #23393, $2,250

Madison’s Optimistic First Message to Congress: A Prelude to the War of 1812

JAMES MADISON, Special Session Message. National Intelligencer, May 23, 1809. Broadside. Washington, D.C.: Samuel Harrison Smith. Handwritten on the verso: “Presidents Message 1809” 1 p., 10¼ x 12½ in.

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

Item #30051.005, $2,400

An Act to Incorporate the Subscribers to the Bank of the United States

[GEORGE WASHINGTON], Newspaper. Gazette of the United States, March 2, 1791. Philadelphia: John Fenno. 4 pp. (765-768), 10½ x 17 in. Includes full text of February 25 Act to Incorporate the Subscribers to the Bank of the United States.

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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.”

Item #23392, $2,500

Prospectus of Society for Establishing Useful Manufactures

[ALEXANDER HAMILTON], Newspaper. Gazette of the United States, September 10, 1791. Philadelphia, Pennsylvania: John Fenno. 4 pp., 10 x 16 in. The prospectus is printed on the front page in three columns.

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Contrasting with the agrarian view of many Virginia founding fathers, New Yorker Alexander Hamilton saw an industrial future for the United States. After nearly two years of study and with the aid of Assistant Secretary Tench Coxe, Secretary of the Treasury Hamilton compiled his famed Report on Manufactures at the request of Congress. With the Society for Establishing Useful Manufactures, Coxe and Hamilton advocate creating the nation’s first public-private partnership to develop the area around the Great Falls of the Passaic River, using the cataract for power.

Item #30014.06, $2,500

A Fatal Duel Set Up by N.C. Congressman & Later Republic of Texas’s Secretary of State

SAMUEL PRICE CARSON, Autograph Letter Signed. Daring Former North Carolina Congressmen Dr. Robert B. Vance to challenge him to a duel, September 12, 1827. 2 pp. Browned paper, stain on verso, some losses on the edges and minor tears, but unique.

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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.

Item #24222, $2,500

Madison, Monroe, Talleyrand and Jefferson’s “Crimes” and “back door pimps” in Negotiations to Buy Florida From Spain

KILLIAN K. VAN RENSSELAER, Autograph Letter Signed, April 2, 1806. 4 pp.

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Randolphs charges agt. 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.’

Item #22274, $2,750

George Washington’s Address to the Roman Catholics in America

[GEORGE WASHINGTON], Newspaper. The Gazette of the United States, March 17, 1790. Pages 3-4 only (of 4 pages).

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The prospect of national prosperity now before us is truly animating, and ought to excite the exertions of all good men to establish and secure the happiness of their Country, in the permanent duration of its Freedom and Independence. America, under the smiles of a Divine Providence—the protection of a good Government—and the cultivation of manners, morals and piety, cannot fail of attaining an uncommon degree of eminence, in literature, commerce, agriculture, improvements at home and respectability abroad.

Item #30050.08, $2,800

A 1798 Modification to the Naturalization Act Considered Part of the Alien and Sedition Acts passed by John Adams

ALIEN AND SEDITION ACTS. [JOHN ADAMS], Broadsheet. Naturalization Law of 1798. An Act Supplementary to, and to amend the act, intitled, “An Act to establish an uniform rule of naturalization; and to repeal the act heretofore passed on the subject.” [Philadelphia], [1798] 2 pp., 8¼ x 13½ in. Docketed on verso. Evans 34700.

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Item #23398, $3,000

President Washington Approves Establishment of Mint and Issues First Veto

[GEORGE WASHINGTON], Columbian Centinel, April 21, 1792. Boston, MA. 4 pp, 10.5 x 16.75 in.

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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.”

Item #26258.01, $3,250

Congress Authorizes a Mint, and President Washington Proclaims the Location of the Permanent Seat of Government

GEORGE WASHINGTON, Columbian Centinel, April 23, 1791. Newspaper. Boston: Benjamin Russell. 4 pp. (pp. 45-48), 10¼ x 16¼ in

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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.

Item #30027.45, $3,250

“John Bull and the Baltimoreans” Lampooning British Defeat at Fort McHenry in Baltimore Following their Earlier Success at Alexandria

[WAR OF 1812]. WILLIAM CHARLES, Print. John Bull and the Baltimoreans. Satirical engraved aquatint cartoon. Philadelphia, Pennsylvania [October, 1814]. 1 p., 12½ x 9 in. Frame: 18¾ x 15 in.

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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.

Item #25448, $3,400

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

Draft of Thomas Jefferson Circular, Addressing Duties of Consuls & Vice-Consuls

[THOMAS JEFFERSON], Letter, to Consuls and Vice-Consuls, August 26, 1790, New York. Draft or copy in the hand of a clerk. 2 pp., 7¾ x 9¼ in.

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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.”

Item #25721, $3,500

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

U.S. Constitution – Contemporary List of States with Ratification Dates and Votes

[CONSTITUTION], Manuscript Document, ca. July 1788-1790. List of the first thirteen states and dates of ratification with votes. 1 p., 4 x 7 in.

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Item #24876, $3,500
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