Rare Book Monthly

Articles - February - 2009 Issue

Court Considers Case of State vs. Collector

Decofind

An early (but different) printing of the Declaration of Independence.


By Michael Stillman

The Virginia Supreme Court heard arguments in the case of the State of Maine versus a private collector a few days back, with a decision expected in the coming weeks. What is at stake here is an early copy of the Declaration of Independence, printed in Salem, Massachusetts. The collector, Richard L. Adams, of Fairfax, Virginia, purchased it from a British bookseller for $475,000 in 2004. Maine claims the document belongs to the state, and Adams is legally obligated to return it. Adams, naturally, disagrees, and sued in 2004 in Virginia to establish his legal ownership of the document. While the lawsuit began in 2004, this case goes all the way back to the birth of the Republic in 1776.

In 1776, the state of Massachusetts ordered the printing of 250 copies of the Declaration of Independence, to be distributed to various parishes in the state to be read from the pulpits and town squares. Once this was done, they were to be turned over to the town clerks to be entered into each town's records. This copy was turned over to the Town of Pownalborough (now Wiscasset) in what was then Massachusetts but now is Maine. Town Clerk Edmond Bridge dutifully entered the words into the public record, and then the original document disappeared for a century and a half. However, we can guess what happened during that period.

In the 19th century, small New England towns rarely had much public space, so town clerks often kept public records in their homes. This is probably what happened to the document in the 1880s when Sol Holbrook became Town Clerk. It evidently went off to his attic and probably never saw the light of day. When Holbrook died in 1929, the records in his house, or at least those not being used by the town any longer, were transferred to his daughter's house. There they stayed for another 65 years until she died. Of course, they should have been passed on to the new town clerk, but no one knows now whether, in 1929, the Holbrook family agreed to continue safekeeping the records on behalf of the town, the town decided they no longer wanted them, or they just got passed along without anyone thinking too much about it.

In 1995, after Holbrook's daughter died, her estate was put up for sale. At that point, people realized she had a valuable document, but apparently neither the town nor state made any claims at the time. It was sold for $77,000, and after winding its way through a couple of booksellers, Adams purchased it in 2001 for $475,000.

So now begins the painful process of sorting out ownership. Does it belong to the town, for which there is no evidence that they ever formally deaccessioned the document? Or, does it belong to the good-faith possessor, who paid a lot of money, likely relying in part on the town's obvious lack of interest in it and failure to make any claim when it was sold literally from under their noses in 1995. Adams' investment certainly is in part due to this carelessness, or negligence on the part of the town and state. Is it fair that he should lose $475,000 for this while the town and state face no consequences other than receiving free professional storage of the Declaration for the past 15 years?

Maine has made the regular arguments in such cases, that under state law public documents are always public documents. They have also argued that the town never deaccessioned it anyway. Adams has argued that it is not a public document, as the original requirement was that the document be turned over to the town to be copied into the public records, not to become a public record itself. Therefore, it is only the Town Clerk's rewriting of the Declaration in the town's records that is a public document. The lower court ruled for Adams, saying the state had not met its burden of proof that Adams had converted it from its actual owner. Now the Virginia Supreme Court will have the final say, and historians and collectors everywhere will anxiously await their verdict.

Rare Book Monthly

  • <center><b>Doyle<br>Fine Literature<br>September 30</b>
    <b>Doyle, Fine Literature:</b> WHITMAN, WALT. <i>Leaves of Grass.</i> First Edition. $150,000 to $250,000.
    <b>Doyle, Fine Literature:</b> MILNE, A.A. and SHEPARD, E.H. <i>Now We Are Six.</i> $10,000 to $15,000.
    <b>Doyle, Fine Literature:</b> HEMINGWAY, ERNEST. <i>A Farewell to Arms.</i> $7,000 to $10,000.
    <b>Doyle, Fine Literature:</b> NABOKOV, VLADIMIR. <i>Lolita.</i> First American Edition. $5,000 to $8,000.
    <center><b>Doyle<br>Fine Literature<br>September 30</b>
    <b>Doyle, Fine Literature:</b> RAND, AYN. <i>Atlas Shrugged.</i> $3,000 to $5,000.
    <b>Doyle, Fine Literature:</b> STEINBECK, JOHN. <i>To a God Unknown.</i> First Edition. $1,500 to $2,500.
    <b>Doyle, Fine Literature:</b> WELLS, H.G. <i>The Works of H.G. Wells.</i> $4,000 to $6,000.
    <center><b>We Invite You to Consign!<br>Rare Books, Autographs & Maps</b>
  • <center><b>Forum Auctions<br>Fine Books, Manuscripts<br>and Works on Paper<br>25 September 2020</b>
    <b>Forum Auctions, Sep. 25:</b> Chagall (Marc). <i>Cirque,</i> one of 270 copies on Arches signed by the artist, 38 lithographs, 23 colour, Paris, Tériade Éditeur, 1967. £100,000 to £150,000.
    <b>Forum Auctions, Sep. 25:</b> Sangorski (Alberto).- Poe (Edgar Allan). <i>Annabel Lee and Other Poems,</i> illuminated manuscript in gold and colours, bound in turquoise morocco tooled in gilt and inlaid with 35 jewels, [c.1928]. £50,000 to £70,000.
    <b>Forum Auctions, Sep. 25:</b> Darwin (Charles) and Alfred R. Wallace. “On the Tendency of Species to form Varieties...,” contained in <i>Journal of the Proceedings of the Linnean Society,</i> 1859. £12,000 to £18,000.
    <center><b>Forum Auctions<br>Fine Books, Manuscripts<br>and Works on Paper<br>25 September 2020</b>
    <b>Forum Auctions, Sep. 25:</b> Ornament.- Basque metalwork.- Zuloaga (Eusebio) and Workshop. Collection of twenty-three original ornament designs for damascening, [19th century]. £8,000 to £12,000.
    <b>Forum Auctions, Sep. 25:</b> Arms and Armour.- Rugendas.- <i>Der Harnisch Von Seinem Entstehen Bis Zu Seinem Wiedervergehen In Bildern Dargestelt Und Gezeichnet,</i> [1714 and later]. £6,000 to £8,000.
    <b>Forum Auctions, Sep. 25:</b> Webster (John). <i>A Monumental Columne, erected to the liuing memory of the euer-glorious Henry, late Prince of Wales,</i> rare first edition, Printed by N[icholas]. O[kes]. for William Welby, 1613. £6,000 to £8,000.
    <center><b>Forum Auctions<br>Fine Books, Manuscripts<br>and Works on Paper<br>25 September 2020</b>
    <b>Forum Auctions, Sep. 25:</b> Donne (John). <i>Poems, by J.D. with elegies on the Authors Death,</i> first edition, Printed by M[iles]. F[lesher]. for Iohn Marriot, 1633. £6,000 to £8,000.
    <b>Forum Auctions, Sep. 25:</b> Brangwyn (Frank). <i>Venice,</i> oil on canvas, [c. 1908]. £4,000 to £6,000.
    <b>Forum Auctions, Sep. 25:</b> Sewell (Anna). <i>Black Beauty: his Grooms and Companions. The Autobiography of a Horse,</i> first edition, original cloth, [1877]. £3,000 to £4,000.
    <center><b>Forum Auctions<br>Fine Books, Manuscripts<br>and Works on Paper<br>25 September 2020</b>
    <b>Forum Auctions, Sep. 25:</b> Gray (John Edward). <i>Gleanings from the Knowsley Menagerie and Aviary at Knowsley Hall,</i> first edition, one of c.100 copies privately printed for the author, 1850. £3,000 to £4,000.
    <b>Forum Auctions, Sep. 25:</b> George III (King). Warrant signed "George R" for the payment of £60,634 granted for the North American Provinces to the Province of Massachusetts Bay, D.s., manuscript, [c. 1761-62]. £2,000 to £2,500.
    <b>Forum Auctions, Sep. 25:</b> Mecca, Medina & Damascus.- 2 manuscript plans of Mecca and El Medinah and a map of Damascus, 3 detailed pen and ink drawings with 3pp. of manuscript notes, [late 19th century]. £1,000 to £1,500.
  • <center><b>Hindman Auctions<br>Selections from the Library of<br>Gerald and Barbara Weiner<br>Live and Online<br>October 8, 2020 / 10am CT</b>
    <b>Hindman Auctions, Oct. 8:</b> DARWIN, Charles Robert. <i>On the Origin of Species by Means of Natural Selection.</i> London: W. Clowes and Sons for John Murray, 1859. [With] autograph note signed. $60,000 to $80,000.
    <b>Hindman Auctions, Oct. 8:</b> [FINE PRESS & LIVRE D'ARTISTE]. -- [KELMSCOTT PRESS]. CHAUCER, Geoffrey. <i>The Works ... now newly imprinted.</i> Edited by F.S. Ellis. Hammersmith: Kelmscott Press, 1896. $60,000 to $80,000.
    <b>Hindman Auctions, Oct. 8:</b> LAWRENCE, Thomas Edward. <i>Seven Pillars of Wisdom, a triumph.</i> [London: Privately Printed], 1926. $60,000 to $80,000.
    <center><b>Hindman Auctions<br>Selections from the Library of<br>Gerald and Barbara Weiner<br>Live and Online<br>October 8, 2020 / 10am CT</b>
    <b>Hindman Auctions, Oct. 8:</b> SHAKESPEARE, William. <i>Mr. William Shakespear's Comedies, Histories, and Tragedies…</i> London, Printed for H. Herringman, E. Brewster, R. Chiswell, and R. Bentley, 1685. $60,000 to $80,000.
    <b>Hindman Auctions, Oct. 8:</b> AUDUBON, John James. <i>The Birds of America…</i> [1839-] 1840-1844. -- AUDUBON, John James and John BACHMAN. <i>The Quadrupeds of North America.</i> 1849-1854. $60,000 to $80,000.
    <b>Hindman Auctions, Oct. 8:</b> OGILBY, John, trans. [MONTANUS, Arnoldus]. <i>America: being the latest, and most Accurate Description of the New World…</i> London: Printed by the Author, 1671. $30,000 to $40,000.
    <center><b>Hindman Auctions<br>Selections from the Library of<br>Gerald and Barbara Weiner<br>Live and Online<br>October 8, 2020 / 10am CT</b>
    <b>Hindman Auctions, Oct. 8:</b> HOBBES, Thomas. <i>Leviathan, or The Matter, Forme, & Power of a Common-Wealth Ecclesiasticall and Civill.</i> London: printed for Andrew Crooke, 1651. $20,000 to $30,000.
    <b>Hindman Auctions, Oct. 8:</b> BLACKWELL, Elizabeth. <i>A Curious Herbal, containing Five Hundred Cuts of the most useful Plant which are now used in the Practice of Physick…</i> London: John Nourse, 1739. $15,000 to $20,000.
    <b>Hindman Auctions, Oct. 8:</b> MILTON, John. <i>Paradise Lost.</i> London: Printed by S. Simmons ... to be sold by T. Helder, 1669. $12,000 to $18,000.
    <center><b>Hindman Auctions<br>Selections from the Library of<br>Gerald and Barbara Weiner<br>Live and Online<br>October 8, 2020 / 10am CT</b>
    <b>Hindman Auctions, Oct. 8:</b> MALCOLM X. Typed letter signed ("Malcolm X"), to Alex Haley. Cairo, Egypt, 18 September 1964. " 1 page, 8vo. $6,000 to $8,000.
    <b>Hindman Auctions, Oct. 8:</b> TOLKIEN, John Ronald Reuel. Autograph letter signed (“JRRT”). To George Sayer, Oxford, 7 August 1952. 2 pages, 8vo, creased; morocco folding case. $4,000 to $6,000.
    <b>Hindman Auctions, Oct. 8:</b> WRIGHT, Frank Lloyd. Autograph manuscript signed ("Frank Lloyd Wright"), entitled "To the Countryside." N.p. [Taliesin?], [June 1926]. 2 pages, 4to, creased. $4,000 to $6,000.
  • <b>Swann Auction Galleries Oct 15:</b> Paul George Lawler, <i>San Francisco – Hawaii Overnight,</i> 1939. $10,000 to $15,000.
    <b>Swann Auction Galleries Oct 15:</b> Around the World, <i>North German Lloyd,</i> designer unknown, circa 1910. $800 to $1,200.
    <b>Swann Auction Galleries Oct 15:</b> Michael Rudolf Wening, <i>Siam,</i> circa 1920s. $2,000 to $3,000.
    <b>Swann Auction Galleries Oct 15:</b> Sigismunds Vidbergs, <i>Spend Your Holidays at the Wonderful Seaside of Riga,</i> circa 1925. $1,200 to $1,800.
    <b>Swann Auction Galleries Oct 15:</b> Jean Dupas, <i>“Where is this Bower Beside the Silver Thames?”</i> 1930. $15,000 to $20,000.
    <b>Swann Auction Galleries Oct 15:</b> Charles-Léonce Brossé, <i>Meeting d’Aviation, Nice,</i> 1910. $10,000 to $15,000.
    <b>Swann Auction Galleries Oct 15:</b> John Held Jr., <i>Nantucket,</i> 1925. $6,000 to $9,000.
    <b>Swann Auction Galleries Oct 15:</b> Seaverns W. Hilton, <i>Lewis and Clark, Northern Pacific,</i> 1920. $2,000 to $3,000.
    <b>Swann Auction Galleries Oct 15:</b> Fred Powis, <i>Jasper, Canadian National Railways.</i> $2,000 to $3,000.
  • <center><b>Arader Galleries<br>October Sale<br>October 10, 2020</b>
    <b>Arader Galleries, Oct. 10:</b> LA HARPE, Jean-Baptiste Benard de. 'CARTE NOUVELLE DE LA PARTIE DE L'OUEST DE LA LOUISIANNE'. $800,000 to $1,200,000.
    <b>Arader Galleries, Oct. 10:</b> AUDUBON, John James. Great Blue Heron, Plate 211. $250,000 to $350,000.
    <b>Arader Galleries, Oct. 10:</b> REDOUTE, Pierre-Joseph. Watercolor for plate 456: Bromella ananas (Cultivated Pineapple). $450,000 to $550,000.
    <b>Arader Galleries, Oct. 10:</b> COOK, Captain James. <i>A set of the three voyages comprising...</i> London: 1773-1785. $40,000 to $60,000.
    <b>Arader Galleries, Oct. 10:</b> KEY, Adrien Thomaszoon. Abraham Ortelius. Oil on Panel. $400,000 to $450,000.

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