Rare Book Monthly

Articles - April - 2009 Issue

Collector Bests State in Battle for $475,000 Document

Decofind

A similar old copy of the Declaration of Independence.


By Michael Stillman

In a major case pitting a collector against a state for ownership of old documents, victory has gone to the collector. Richard L. Adams of Virginia prevailed over the State of Maine in the Virginia Supreme Court for a copy of the Declaration of Independence he purchased for $475,000. It was certainly a major victory for Mr. Adams personally, but collectors owning potentially challengeable old government documents should not yet send out a collective sigh of relief. There could be less to this decision than meets the eye.

Here is a brief history of this long case, over 200 years in the making. In 1776, authorities in the State of Massachusetts authorized a private printer to print 250 copies of a radical document recently approved in Philadelphia - the Declaration of Independence. The order provided that these printings of the Declaration be read from the pulpits of local churches, and then handed over to the Town Clerk to transcribe into that town's official records. Nothing was said about what should happen to these printings after they were transcribed into the record.

The copy in question was read in the pulpits, and turned over to the Town Clerk of Pownalborough, Massachusetts (which is today the town of Wiscasset, Maine). On November 10, 1776, Town Clerk Edmund Bridge copied the Declaration on the town's records as required, and then did something with the original document. What he did with it is not certain. As the court noted, there is no definite sighting again for 219 years, when it was put up for auction in the sale of the estate of Anna Plumstead of Wiscasset. However, it is not all that hard to surmise what happened.

Some writing on the back of the document indicates it stayed with the town for at least a short while, and then the written evidence goes blank. However, Anna Plumstead was the daughter of Town Clerk Solomon Holbrook. Holbrook attained that position in the 1880s, and held it until he died in 1929. In this era, small New England towns did not have much in the way of government offices, so town clerks kept public documents at home. It would certainly be reasonable to believe that this item, and other old town documents found in Plumstead's house, arrived there via her father, either being transferred to her house for storage during Holbrook's life or after he died. Holbrook had at one time owned his daughter's house, though he never lived there.

In 1995, the Declaration was sold at a public auction of Plumstead's estate. It was purchased by Seth Kaller of Kaller Historical Documents for $77,000. In 2001, Kaller sold it to London bookseller Simon Finch for $390,000, who in turn sold it to Adams in 2002 for $475,000. Had the decision gone the other way, Adams could have been out as much as the full $475,000, depending on whether he could have collected any reimbursements from those who preceded him in the chain.

In reaching its decision, the Virginia Supreme Court noted first that possession presumes ownership. In other words, it is up to the party not possessing the item, in this case Maine, to show that it is the true owner, not the other way around. On the other hand, it also noted that public records belong to the government, a point favoring Maine. Then it proceeded to evaluate Maine's three arguments. The first two dealt with public records, and the third with simple conversion, or unlawful taking.

The first "public record" argument relied on the common law position that public records belong to the government. However, the standard common law definition describes a "public record" as one written by a public officer. This Declaration was not written by the Town Clerk, but printed by a private citizen. Therefore, the Court concluded, the only "public record" was the copying of this document by Town Clerk Bridge in the public register in 1776, not this printed original. Score one for collector Adams.

Next, the Court looked at the argument that this constitutes a "public record" under a statutory definition adopted by Maine in 1973. The lower court had ruled against Maine here on the grounds that the state had not produced evidence that this statute was intended to apply the definition retroactively to pre-1973 records. The Supreme Court then rejected Maine's appeal on this issue on a technicality, saying the state did not properly challenge this finding and so it would not reconsider the argument. Score two for Adams.

Rare Book Monthly

  • <b>Swann Auction Galleries Oct 24:</b> Sir Isaac Newton, <i>Opticks,</i> first edition, first issue, London, 1704. $15,000 to $25,000.
    <b>Swann Auction Galleries Oct 24:</b> Johannes Jacobus Canis, <i>De modo studendi in utroque iure,</i> first edition, Padua, 1476. $6,000 to $9,000.
    <b>Swann Auction Galleries Oct 24:</b> Pope Clemens V, <i>Constitutiones,</i> Nuremberg, 1482. $2,500 to $3,500.
    <b>Swann Auction Galleries Oct 24:</b> Nicolaus Panormitanus de Tudeschis, <i>Lectura super V libris Decretalium,</i> Basel, 1480-81. $5,000 to $7,000.
    <b>Swann Auction Galleries Oct 24:</b> Michael Faraday, <i>Experimental Researches in Electricity,</i> complete set, first editions, London, 1832-56. $3,000 to $4,000.
    <b>Swann Auction Galleries Oct 24:</b> William Gilbert, <i>Tractatus sive physiologia nova de magnete,</i> Sedini, 1628. $3,000 to $5,000.
    <b>Swann Auction Galleries Oct 24:</b> John Bulwer, <i>Philocophus,</i> first edition of the first book in English on the deaf, London, 1648. $1,000 to $2,000.
    <b>Swann Auction Galleries Oct 24:</b> James Cook, complete set, 9 volumes, London, 1773-84. $10,000 to $15,000.
    <b>Swann Auction Galleries Oct 24:</b> Nicolaus Bertrand, <i>Opus de Tholosano[rum] Gestis ab Urbe Condita,</i> with the earliest known view of the city of Toulouse, 1515. $2,000 to $3,000.
  • <center><b>Hindman Auctions<br>Fine Books and Manuscripts Including Americana<br>November 6, 2019</b>
    <b>Hindman Auctions, Nov. 6:</b> RATZER, Bernard. <i>Plan of the City of New York in North America, surveyed in the years 1766 & 1767.</i> London: Jefferys and Faden, “Jan.y” 12, 1776. $80,000 to $120,000
    <b>Hindman Auctions, Nov. 6:</b> [KELMSCOTT PRESS]. COCKERELL, Sydney C. <i>Some German Woodcuts of the Fifteenth Century.</i> Hammersmith: The Kelmscott Press, 1897 [issued 1898]. $20,000 to $30,000
    <b>Hindman Auctions, Nov. 6:</b> [GOLDEN COCKEREL PRESS]. KEATS, John. <i>Lamia, Isabella, the Eve of Saint Agnes and Other Poems.</i> Waltham Saint Lawrence, Berkshire: The Golden Cockerel Press, 1928. $6,000 to $8,000
    <center> <b>Hindman Auctions<br>Fine Books and Manuscripts Including Americana<br>November 6, 2019</b>
    <b>Hindman Auctions, Nov. 6:</b> [GRANT, Ulysses S.— GRANT, Julia, First Lady]. Carved Applewood and 18-karat Gold Jewelry Suite, Browne & Spaulding, Jewelers, New York City, 1865. $20,000 to $30,000
    <b>Hindman Auctions, Nov. 6:</b> [LINCOLN ASSASSINATION]. GARDNER, Alexander. <i>Incidents of the War |Sic Semper Sicariis</i> [caption title]. Washington, D. C.: Philip & Solomons, 1865. $5,000 to $7,000
    <b>Hindman Auctions, Nov. 6:</b> A COMPLETE COLLECTION of 115 titles published in R. R. Donnelley's Lakeside Classics series. Chicago, 1903-2017. COMPLETE RUN OF THE LONGEST-RUNNING CONTINUOUS SERIES OF BOOKS IN THE WORLD. $5,000 to $7,000
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    <b>Hindman Auctions, Nov. 6:</b> GLEIZES, Albert. METZINGER, Jean. <i>Du Cubisme.</i> Paris, 1947. LIMITED EDITION, number 19 of 20 copies on papier d'Auvergne. $3,000 to $4,000
    <b>Hindman Auctions, Nov. 6:</b> [THE LITTLE REVIEW]. ANDERSON, Margaret, ed. POUND, Ezra, ed. HEAP, Jane, ed. <i>The Little Review.</i> Vol. I, No. 1 through Vol. XII, No. 2. 1914-1929. $3,000 to $4,000
    <b>Hindman Auctions, Nov. 6:</b> [MOUNTENEY, Leonard, binder]. LOUŸS, Pierre. <i>Songs of Bilitis.</i> Chicago: Argus Books, 1931. $2,000 to $3,000
    <b>Hindman Auctions, Nov. 6:</b> [HANCOCK, John]. Partly-printed U.S. Loan-Office Transfer Certificate issued on behalf of Hancock. Sgn’d on recto by William Imlay, as Commissioner of Loans of Connecticut. 28 February 1793. $2,000 to $3,000
  • <b>Bonhams, Oct. 23:</b> SMITH, CHRISTOPHER WEBB. 1793-1871. <i>Indian Ornithology.</i> [Patna, India]: 1828. $50,000 to $80,000.
    <b>Bonhams, Oct. 23:</b> DUPRÉ, LOUIS. 1789-1837. <i>Voyage à Athènes et à Constantinople, ou Collection de portraits, vues et costumes grecs et ottomans.</i> Paris: Dondey-Dupré, 1825. $60,000 to $90,000.
    <b>Bonhams, Oct. 23:</b> ADAMS, JOHN. Autograph Letter Signed ("J Adams"), [to Dr. Perkins?] while recovering from his small pox inoculation, [late-April, 1764]. $30,000 to $50,000.
    <b>Bonhams, Oct. 23:</b> AUSTEN, JANE. Autograph Letter Signed ("J. Austen"), to her sister Cassandra, 4 pp, "Thursday – after dinner," [September 16, 1813,] Henrietta St. $80,000 to $120,000.
    <b>Bonhams, Oct. 23:</b> AUDUBON, JOHN JAMES. 1785-1851. <i>The Birds of America, from Drawings Made in the United States and Their Territories.</i> New York & Philadelphia: J.J. Audubon & J.B. Chevalier, 1840-1844. $20,000 to $30,000.
    <b>Bonhams, Oct. 23:</b> DODWELL, EDWARD. 1767-1832. <i>Views in Greece.</i> London: Rodwell and Martin, 1821. $20,000 to $30,000.
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