• <center><b>William Bunch Auctions<br>October Fine Art and Prints<br>October 29, 2018</b>
    <b>William Bunch Auctions, Oct. 29:</b> Aegidius Sadeler (Flemish, 1570-1629), engraving on laid paper "Madonna and Child in a Landscape", after a drawing by Albrecht Durer. $800 to $1,200
    <b>William Bunch Auctions, Oct. 29:</b> Anders Zorn (Swedish, 1860-1920), drypoint etching on paper "On Hemso Island", 1917, pencil signed. $400 to $600
    <b>William Bunch Auctions, Oct. 29:</b> Joseph Pennell (American, 1860-1926), etching on paper "Setting Up Columns", pencil signed. $200 to $300
    <center><b>William Bunch Auctions<br>October Fine Art and Prints<br>October 29, 2018</b>
    <b>William Bunch Auctions, Oct. 29:</b> William Lee Hankey (British, 1869-1952), drypoint etching on paper "Affection", pencil signed. $200 to $300
    <b>William Bunch Auctions, Oct. 29:</b> William Walcot (English, 1874-1943), drypoint etching on paper "Lower Broadway, New York", 1924, pencil signed. $200 to $300
    <b>William Bunch Auctions, Oct. 29:</b> Auguste Brouet (French, 1872-1941), color etching "La Pirouette", pencil signed, ed 111/250. $400 to $600
    <center><b>William Bunch Auctions<br>October Fine Art and Prints<br>October 29, 2018</b>
    <b>William Bunch Auctions, Oct. 29:</b> Thomas Hart Benton (American, 1889-1975), lithograph on paper "The Boy", pencil signed. $2,000 to $3,000
    <b>William Bunch Auctions, Oct. 29:</b> John Stockton de Martelly (American, 1903-1979), lithograph on paper "Looking at the Sunshine", pencil signed, original AAA certificate. $400 to $600
    <b>William Bunch Auctions, Oct. 29:</b> Jacques Hnizdovsky (Ukrainian-American, 1915-1985), woodcut on paper "Moppet", pencil signed and dated 1965, ed 118/250. $400 to $600
  • <b>Bonhams: Exploration and Travel, Featuring Americana, Part I. September 25, 2018</b>
    <b>Bonhams, Sep. 25:</b> Shackleton, Ernest. <i>Aurora Australis.</i> Printed at the sign of 'The Penguins'; East Antarctica, 1908. $70,000 to $100,000
    <b>Bonhams, Sep. 25:</b> Shackleton, Ernest. <i>South Polar Times.</i> 1st edition, limited issue. from the library of Michael Barne. $20,000 to $30,000
    <b>Bonhams, Sep. 25:</b> General Washington's <i>Proceedings of a General Court Martial... of Major General Lee.</i> Philiadelphia, 1778. 100 copies printed for Congress. BOUND WITH: ...Court Martial... of St Clair and ...Schuyler. $25,000 to $35,000
    <b>Bonhams: Exploration and Travel, Featuring Americana, Part I. September 25, 2018</b>
    <b>Bonhams, Sep. 25:</b> <i>The Voice of the People.</i> Boston, 1754. Rare pamphlet on the Excise Tax. Nathaniel Sparhawk's copy. $4,000 to $6,000
    <b>Bonhams, Sep. 25:</b> Autograph Letter Signed ("S.L. Clemens"), offering extensive hard-earned advice on writing, 5 pp, 1881. $30,000 to $50,000
    <b>Bonhams, Sep. 25:</b> After Fra Egnazio Danti. <i>L'Ultime Parti not:e nel Indie Occid:ntli" [The last known parts of the Western Indies].</i> Painted Map of California, Western Mexico, and Japan. $70,000 to $100,000
    <b>Bonhams: Exploration and Travel, Featuring Americana, Part I. September 25, 2018</b>
    <b>Bonhams, Sep. 25:</b> Ptolemaeus, Claudius. <i>Geographie opus nouissima...</i> 1513. The most important edition of Ptolemy, containing the Admiral's Map. $250,000 to $350,000
    <b>Bonhams, Sep. 25:</b> De Arellano, Don Alonso. Manuscript, his <i>"Relación mui singular y circunstanciada... Capitán del Patax San Lucas,"</i> manuscript copy from the Sir Thomas Phillips collection. $50,000 to $80,000
    <b>Bonhams, Sep. 25:</b> Purchas, Samuel. <i>Purchas his Pilgrimes.</i> First edition. With John Simth's engraved map of Virginia. $70,000 to $100,000
    <b>Bonhams: Exploration and Travel, Featuring Americana, Part I. September 25, 2018</b>
    <b>Bonhams, Sep. 25:</b> Lewis, Meriwether. Contemporary manuscript true copy of his final power of attorney, 1809. $8,000 to $12,000
    <b>Bonhams, Sep. 25:</b> <i>A New Method of Macarony Making, as Practiced at Boston in North America.</i> Mezzotint. London, 1774. $5,000 to $7,000
    <b>Bonhams, Sep. 25:</b> <i>Scientific Base Ball Pitching: A Treatise on the Pitcher, Pitching, Origin and Philosophy of the Curve.</i> Chicago, 1897. $2,000 to $3,000
  • <b>Leslie Hindman Auctioneers: The Adventure & Exploration Library of Steve Fossett. October 31, 2018</b>
    <b>Leslie Hindman, Oct 31:</b> SHACKLETON, Ernest Henry, Sir. <i>Aurora Australis. Printed at the Winter Quarters of the British Antarctic Expedition, 1907, During the Winter Months of April, May, June, July, 1908.</i> $60,000 to $80,000
    <b>Leslie Hindman, Oct 31:</b> HUMBOLDT, Alexander von, and Aime J. A. BONPLAND. <i>Vues des Cordillères, et monumens des peuples indigènes de l'Amérique.</i> Paris, 1810. $30,000 to $40,000
    <b>Leslie Hindman, Oct 31:</b> COOK, James, Captain. [Collected Voyages]. London: Strahan and Cadell, 1773, 1777, 1784. First editions of the second and third voyages. $20,000 to $30,000
    <b>Leslie Hindman Auctioneers: The Adventure & Exploration Library of Steve Fossett. October 31, 2018</b>
    <b>Leslie Hindman, Oct 31:</b> DARWIN, Charles. <i>A Narrative of the Surveying Voyages of His Majesty's Ships Adventure and Beagle, between the years 1826 and 1836.</i> $20,000 to $30,000
    <b>Leslie Hindman, Oct 31:</b> SPILBERGEN, Joris van (1568-1620). <i>Speculum orientalis occidentalisque Indiae navigationum.</i> Leiden: Nicolaus van Geelkercken, 1619. $20,000 to $30,000
    <b>Leslie Hindman, Oct 31:</b> DRAKE, Francis, Sir. <i>Sir Francis Drake Revived. Who is or may be a Pattern to stirre up all Heroicke and active Spirits of these Times…</i> London, 1653 [i.e. 1652]. $10,000 to $15,000
    <b>Leslie Hindman Auctioneers: The Adventure & Exploration Library of Steve Fossett. October 31, 2018</b>
    <b>Leslie Hindman, Oct 31:</b> SHACKLETON, Ernest Henry, Sir, Louis C. BERNACCHI, and Apsley George Benet CHERRY-GARRARD, editors. The South Polar Times. London, 1907-1914. $10,000 to $15,000
    <b>Leslie Hindman, Oct 31:</b> ANSON, George. <i>A Voyage round the World, In the Years 1740...</i> 1744. London: John and Paul Knapton for the author, 1748. $8,000 to $12,000
    <b>Leslie Hindman, Oct 31:</b> HERRERA Y TORDESILLAS, Antonio de. <i>Description des Indes Occidentales, Qu'on appelle aujourdhuy Le Nouveau Monde...</i> Amsterdam: Michel Colin, 1622. $8,000 to $12,000
    <b>Leslie Hindman Auctioneers: The Adventure & Exploration Library of Steve Fossett. October 31, 2018</b>
    <b>Leslie Hindman, Oct 31:</b> NOORT, Olivier van. <i>Description du Penible Voyage fait entour de l'univers ou globe terrestre...</i> Amsterdam: Cornille Nicolas, 1610. $5,000 to $7,000
    <b>Leslie Hindman, Oct 31:</b> LEO AFRICANUS, Johannes. <i>A Geographical Historie of Africa, Written in Arabicke and Italian.</i> London: George Bishop, 1600. $4,000 to $6,000
    <b>Leslie Hindman, Oct 31:</b> SCHOUTEN, Willem Corneliszoon. <i>Journal ou Description du Merveilleux Voyage de Guillaume Schouten, Hollandois natif de Hoorn, fait es années 1615, 1616, & 1617.</i> 1619. $4,000 to $6,000
  • <center><b> The Library of Pierre Bergé<br>Auction Pierre Bergé & Associés<br>in association with Sotheby’s<br>Paris-Hôtel Drout<br>December 14, 2018<br><br>New York Exhibition<br>Oct. 16 to Oct. 20</b>
    <b>The Library of Pierre Bergé, NY exhibition 10/16 to 10/20:</b> BARTHOLOMEUS ANGLICUS. <i>Le Proprietaire des choses.</i> Lyon, [circa 1484]. 150 000 / 200 000 €
    <b>The Library of Pierre Bergé, NY exhibition 10/16 to 10/20:</b> MONTAIGNE, Michel de. <i>Essais.</i> Bordeaux, 1580. 400 000 / 500 000 €
    <b>The Library of Pierre Bergé, NY exhibition 10/16 to 10/20:</b> PROUST, Marcel. <i>Du côté de chez Swann.</i> Paris, 1914 [1913]. 600 000 / 800 000 €
    <b>The Library of Pierre Bergé, NY exhibition 10/16 to 10/20:</b> MONSTRELET, Enguerrand de. <i>Le Premier [-Tiers] Volume des Cronicques.</i> Paris, circa 1503.<br>300 000 / 400 000 €

Rare Book Monthly

Articles - August - 2017 Issue

U. S. Supreme Court to Rule on Attempt to Seize Ancient Persian Tablets from the University of Chicago's Oriental Institute

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An ancient clay tablet from Persepolis (University of Chicago photo).

This is the month where the earliest "books" - ancient clay tablets – make their way into the news, legal news in particular. Not only was a settlement reached in the Hobby Lobby case (see article elsewhere in this issue), but the U. S. Supreme Court agreed to hear a case involving ancient tablets owned by the government of Iran, but in the possession of a Chicago university since the 1930's. It is one of the rare cases where U. S. and Iranian thinking is aligned.

 

The case begins in 1997 under the most awful of circumstances. Some American tourists were visiting Israel when a suicide bomber detonated his arsenal, killing five Israelis and wounding several Americans. Hamas, the Palestinian terror organization that controls Gaza, claimed responsibility. Iran provides financial and other assistance to Hamas. With no chance to collect damages from Hamas, the Americans sued Iran in an American court. They were awarded a judgment against Iran in the amount of $71 million.

 

Iran didn't respond to the lawsuit. It did not recognize the right of U. S. courts to adjudicate claims over something that did not happen in America. So, the lower court ruled for the Americans, awarding them $71 million Iran had no intention of paying. That is when the Americans went back to court to seize Iranian property. Most property of the Iranian government was removed from America long ago, but the American plaintiffs discovered these very valuable ancient writings belonging to Iran were still in possession of the University of Chicago's Oriental Institute. The tablets came from Persepolis, the ancient capital of Persia. They were on long term loan since discovered by University of Chicago archaeologists in the 1930's. Iranian-American relations were better back then. The institute has been deciphering and studying them ever since, slowly returning pieces as they concluded their work. Despite the complete break down of government relations between the two countries after the Iranian Revolution in 1979, scholars and institutions are still able to cooperate with each other.

 

The Americans also sued to seize some antiquities held by Chicago's Field Museum of Natural History. The Field purchased these in the 1930's, but the Americans claimed that they were stolen and smuggled out of the country all those years ago, making them still property of the Iranian government.

 

There is a doctrine known as Sovereign Immunity which applies to most cases of this sort. It prohibits citizens from suing foreign governments in their home country. The reason is clear – much mischief can happen if a nation constantly has to defend itself in foreign courts from complaints by individual citizens. To look at it from the other side, someone from, say, Germany or Korea or Qatar could sue the American government because they were injured in Syria when American planes bombed there, and and then attempt to seize our military bases in those countries as compensation. This is why the American government has aligned itself with Iran in this case. It doesn't like the precedent.

 

However, in the age of terrorism, Congress still wanted to punish countries involved in state sponsored terrorism. So, it passed an exception to the sovereign immunity act. It said Americans could sue another country if they were victims of terrorism. That was the Americans' claim.

 

Initially, the lower court ruled that sovereign immunity did not apply because the Iranian government did not show up in court to plead it. Use it or lose it. The institutions holding the tablets pleaded sovereign immunity on behalf of Iran, and the U. S. government filed a brief supporting the claim, but the court said no, only Iran could make that claim and it failed to do so. The plaintiffs then sued to collect their $71 million by seizing the assets being held by the institutions. This time, Iran showed up.

 

Still, this did not guarantee that the plaintiffs could actually collect Iranian assets. The statute provides that only assets used for commercial purposes can be seized. So, the plaintiffs' lawyers came up with a clever end-around. They demanded Iran tell them about all assets they owned in the United States, since they had consented to American jurisdiction by showing up. This way, if the institutionally held items were found not to be used for commercial purposes, the plaintiffs hoped to locate other assets that were. Iran said no thank you.

 

On appeal, the higher court said no, Iran could not be compelled to to turn over lists of everything it owns in America, and, since the presumption is that sovereign immunity applies, the plaintiffs must prove an exception, rather than Iran being obligated to come to court and prove it applies.

 

The case went back to a lower court, and this time, that court ruled that the commercial exception to the sovereign immunity rule did not apply to the Persian tablets, so it awarded judgment to Iran. The Americans appealed, arguing that since the institutions were using the collections commercially, the commercial exception did apply. Again the appeals court said no, that the state itself must be the one using the assets commercially. However, a different appeals court in another case ruled differently on another matter, so to straighten this out, the Supreme Court will now take up the case. Only the Oriental Institute case will be heard, the Field Museum claim having been dropped.

 

Rather than determining whether the assets are commercial, the decision will be made on the basis of the other court's conclusion that the distinction between commercial and non-commercial use does not apply in the case of the terrorism exception to sovereign immunity. If the Supreme Court rules that it doesn't matter whether the property was used commercially, the American plaintiffs may yet get to take the ancient tablets from the Oriental Institute almost a century after they arrived and put them up for sale at auction.

 

As much as I sympathize with the plaintiffs' plight, this just doesn't sound right. It should be noted that such a remedy is likely to work only once. Anything else owned by Iran, or other countries that might feel threatened, will quickly be repatriated. Studies and displays such as those in Chicago, that have survived political animosities, will no longer continue. Meanwhile, retaliation on the part of those countries can be expected. A similar standoff is going on between the U.S. and Russia now. Chabad-Lubavitch, the Hasidic Jewish movement, won a verdict in a U. S. court that books they once owned years ago but are now held by and in Russia, should be returned to them. Russia had loaned seven of the books to the Library of Congress, whom the U. S. court ordered seized. The result is that Russia no longer loans such artifacts to anyone in the U. S. for exhibitions, and the U. S. does the same with Russia. Now, all but the one winner are losers. Diplomacy and legal claims are more suitable to being handled by nations, which can consider all of the ramifications to their national interests, than by individuals whose personal interests may be inconsistent with those of the country as a whole.

Rare Book Monthly

  • <b>19th Century Shop:</b> Charles Darwin on sexuality and the transmission of hereditary characteristics: Autograph Letter Signed to Lawson Tait. Down, 17 January [1877].
    <b>19th Century Shop:</b> MILTON, JOHN. <i>Paradise Lost. A Poem written in ten books.</i> London: 1667. A very rare example with the contemporary binding untouched and with a 1667 title page.
    <b>19th Century Shop:</b> Hamilton secures the ratification of the Constitution: <i>The Debates and Proceedings of the Convention of the State of New-York, assembled at Poughkeespsie, on the 17th June, 1788.</i>
    <b>19th Century Shop:</b> The social contract “Man is born free, and everywhere he is in chains”: ROUSSEAU, JEAN-JACQUES. <i>Principes du Droit Politique [Du Contract Social]</i>. Amsterdam: Michel Rey, 1762
    <b>19th Century Shop:</b> “The first English textbook on geometrical land-measurement and surveying”: BENESE, RICHARD. <i>This Boke Sheweth the Maner of Measurynge All Maner of Lande…</i>
  • <b>Swann Auction Galleries Nov 8:</b> Kurt Vonnegut, archive of 12 letters, signed to his family, 6 illustrated, 1930s-40s. $4,000 to $6,000.
    <b>Swann Auction Galleries Nov 8:</b> Allen Ginsberg, 11 autograph manuscripts, including 10 drafts of poems & a page of notes, circa 1948. $4,000 to $6,000.
    <b>Swann Auction Galleries Nov 8:</b> Joan Miró, illustrated autograph note signed to MoMA Director of Exhibitions & Publications, 1959. $6,000 to $9,000.
    <b>Swann Auction Galleries Nov 8:</b> Carl Gustav Jung, typed letter signed to a colleague, 1948. $3,000 to $4,000.
    <b>Swann Auction Galleries Nov 8:</b> Gustav Mahler, ALS, arranging a meeting during his historic visit to New York, circa 1908. $4,000 to $6,000.
    <b>Swann Auction Galleries Nov 8:</b> Mark Twain, ALS, explaining the target of his new book, 1902. $3,000 to $4,000.
    <b>Swann Auction Galleries Nov 8:</b> Charles Dickens, ALS, accepting an invitation in the voice of a <i>Martin Chuzzlewit</i> character, 1843. $4,000 to $6,000.
    <b>Swann Auction Galleries Nov 8:</b> Jacob Lawrence, illustrated greeting card signed, 1960. $2,000 to $3,000.
    <b>Swann Auction Galleries Nov 8:</b> Robert E. Lee, ALS, to the colonel of the Kanawha Valley volunteers, boosting morale, 1861. $15,000 to $25,000.

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