I35 ;';^a;^>/! ;j,:i^-v.H;, ■-'■I'-f,: Book_ _uS • WO^ HISTORICAL RELICS OF GEORGE WASHINGTON INHERITED AND COLLECTED BY Mr. WILLIAM LANIER WASHINGTON ORIGINAL LETTERS AND DOCUMENTS OF GEORGE MASON AND OTHERS ON THE FORMATION OF THE CONSTITUTION rom GEORGE D. SMITH 547 - 5th^Ave;riEntrance on"4S^l. ~^ Who is prepared to execute orders at this sale. Correspondence invited from intending purchasers. THE ANDERSON GALLERIES NEW YORK PORTRAIT OF MARY BALL WASHINGTON THE MOTHER OF PRESIDENT WASHINGTON PALNTEl) BY ROBERT EDGE PINE IN'umbiT 72 ] HISTORICAL RELICS OF GEORGE WASHINGTON INHERITKI) AM) COLLECTED BY MR. WILLIAM LANIER WASHINGTON ORIGINAL LETTERS AND DOCUMENTS BY GEORGE MASON AND OTHERS ON THE FORMATION OF THE CONSTITUTION ORIGINAL UNPUBLISHED DIARY OF JAMES McHENRY MEMBER OF THE CONSTITUTIONAL CONVENTION AND A MINIATURE OF WASHINGTON PAINTED BY BIRCH TO BE SOLD THURSDAY EVENING, APRIL 19, 1917 BEGINNING AT 8:15 O'CLOCK On Public Exhibition from Thursday, April 12th THE ANDERSON GALLERIES ^L\DIso^' Avenue at Fortieth Street NEW YORK t 31S ,W 35 CONDITIONS OF SALE 1. All bids to be pkr lot as numbered In the Catalogue. 2. 1 he highest bidder to be the buyer; in all cases of disputed bids the lot shall be resold, but the Auctioneer will use his judgment as to the good faith of all claims and his decision shall be final. He also reserves the right to reject any fractional or nominal bid which in his judgment may delay or injuriously affect the sale. 3. Buyers to give their names and addresses and to make such cash payments on account as may be required, in default of which the lots purchased to be resold immediately. 4. 1 he lots to be taken away at the buyer's expense and risk within twenty-four hours from the conclusion of the sale, and the remainder of the purchase money to be absolutely paid on or before delivery, in default of which The Anderson Galleries, Incorporated, will not be responsi- ble if the lot or lots be lost, stolen, damaged, or destroyed, but thev will be left at the sole risk of the purchaser, and subject to storage charges. 5. lo prevent inaccuracy in delivery, and inconvenience in the settlement of purchases, no lot will be delivered during the sale. 6. All lots will be exposed for public exhibition in Ihe Anderson (jalleries before the date of sale, for examination by intending purchasers, and The Anderson Cialleties, Incorporated, will not be responsible for the correctness of the description, authenticity, genuineness, or for any defect or fault in or concerning any lot, and makes no warranty whatever, but will sell each U>t exactly as it is, without recourse. But upon receiving before the date of sale, expert opinion in writing that any lot is not as represented, 1 he Anderson Galleries, Incorporated, will use every effort to furnish proof to the contrary, and in default of such proof the lot will be sold subject to the declaration of the aforesaid expert, he being liable to the owner or owners thereof for damage or injury occasioned by such declaration. 7. Tl-RMS Cash. Upon failure to comply with the above conditions any sum deposited as part pa\ ment shall be forfeited, and all such lots as remain uncleared after twenty-four hours from the conclusion of the sale, will be resold by either private or public sale at such time as 1 he Anderson Galleries, Incorporated, shall determine, without further notice, and if any deficiency arises from such resale it shall be made good by the defaulter at this sale together with all the expenses incurred thereby. Ihis condition shall be without prejudice to the right of The Ander- son Galleries, Incorporated, to enforce the contract with the buyer, without such re-sale. 8. Bids. We make no charge for executing orders for our customers and use all bids com- petitively, buying at the lowest price permitted by other bids. 9. 1 he Anderson Galleries, Incorporated, will afford every facility for the employment of carriers and packers by the purchasers, but will not be responsible for any damage arising from the acts of such carriers and packers. Priced Ciipy iij this Catalogue may he secured Jor $1.00 The Anderson Galleries incorpor.ated Madison Avenue at Fortieth Street, New '^'ork Telephone, Murray Hill, 7680 sales conducted liY MR. FREDERICK A. CHAPMAN HISTORICAL RELICS OF GEORGE WASHINGTON INHERITED AND COLLECTED BY MR. WILLIAM LANIER WASHINGTON INTRODUCTION MR. WIIJ.IAM LANIER WASHINGTON of New York, a direct descendant of two of George Washington's brothers, and the heredi- tary representative of General Washmgton m the Society of the Cincinnati, lias inherited through five family sources a remarkable collection of the relics of Washington, which, with one exception, are now oflered at unrestricted public sale. It is the last collection in the possession of a member of the Washington family that is likely to come on the market. Most of the other inherited relics have been deposited permanently at Mount Vernon and in other public institutions. 1 he Relics consist of articles of silver and tableware owned by General Washington and used at Mount Vernon, snuft boxes, writing case, the sword- belt buckle used to fasten the belt from which one of Washington's swords depended during the War of the Revolution, shoe buckles, money scales and weights, candlesticks, whist counters, reading glass, two silver Camp Cups and a silver serving spoon used by Washington during the Revolution, Martha Washington's teaspoon and money purse, the wedding ring ot Washington's mother, a magnificent portrait of Washington by Rembrandt Peale, the only authentic portrait of Washington's mother, and other relics of the highest interest and importance. In the catalogue the Relics are divided into two parts, the hrst consisting of those inherited by Mr. Washington through various branches of the Washington family and the second of the Washingtoniana gathered from other sources during the past thirty-five years by him and his father, the late Major James Barroll Washington. Certificates of the authenticity of the relics will be furnished to buyers on request. Colonel William Augustine Washington, the great-great-grandfather of Mr. William Lanier Washington, was the only son of Augustine Washington, the eldest half-brother of General George Washington; he was the eldest of Washington's nephews and was in closer association with him than any other relative; he was consulted frequently on matters ot business, and was the first executor after Martha Washington named in General Washington's will: EXTRACT "Lastly — I constitute and appoint my dearly deloved wife, Martha Washington, my nephews, William Augustine Washington, Bushrod Washington, George Steptoe Washington, Samuel Washington and Lawrence Lewis and my ward, George Washington Parke Custis (when he shall have arrived at the age of twenty years) Executrix and Executors of this Will and Testament." By this will the first choice of the five swords bequeathed by General Wash- ington was given to Colonel William Augustine Washington, and during Gen- 5 eral Washington's lifetime he received from his uncle personal gifts, among which were the two silver Camp Cups used by General Washington through- out the War of the Revolution, which are now in this sale (Number 32). Colonel William Augustine Washington married his half-cousin, Jane Washington, the eldest child of Colonel John Augustine Washington, a younger full brother of General Washington. She was the sister of Bushrod Washmg- ton, a Justice of the Supreme Court of the United States who inherited Mount Vernon and General Washington's library and papers under General Washington's will: EXTRACT "Item — To my nephew, Bushrod Washington, I give and bequeath all the papers in my possession which relate to my civil and military administration of the affairs of this Country; I leave him also such of my private papers as are worth preserving, and at the decease of my wife, and before, if she is not inclined to retain them, I give and bequeath my library of books and pamphlets of every kind." Lawrence Washington, who bequeathed Mount Vernon to his half-brother, George Washington, did so with the suggestion that if George Washington died without issue the estate should revert to the son of Lawrence Washing- ton's full-brother, Augustine W'ashington, namely. Colonel William Augustine Washington; but it is believed that General Washington disregarded the suggestion and bequeathed Mount Vernon to his nephew. Justice Bushrod Washington, because he was in less fortunate circumstances than Colonel \N illiam Augustine Washington, who was a man of affairs and the owner of four handsome estates. Colonel George Corbin Washington (the great-grandfather of Mr. WMliam Lanier Washington) was the son of Colonel William Augustine W'ashington and his wife, the above-mentioned Jane Washington. He inherited from his father the sword of General Washington and many other relics of his great uncle. He also inherited from his uncle. Justice Bushrod Washington, who died childless, all the books of General Washington's library, his papers, his pistols, and the sword which his uncle had received through General Washington's will, as is shown by the following paragraphs in Justice Bushrod Washington's will: "Thirteenth — All the papers and letter books devised to me by my uncle. General Washing- ton, as well as the books in my study, other than law books, I give to my nephew, Geoige C. Washington. "Fourteenth — The sword left to me by General Washington I give to the aforesaid George C. Washington, under the same injunctions that it was bestowed to me." Colonel George Corbin Washington had only one son who lived to matur- ity, Colonel Lewis William Washington (the grandfather of Mr. William Lanier Washington) who inherited from his father the greater portion of the relics of General \Vashin<;ton that lie had received through three direct family sources, namelv, through his father. Colonel William Augustine Washington; through his mother, Jane Washington (daughter of General Washington's full-brotherj, and through his uncle, Justice Bushrod Washington. When Colonel George Corbin W'ashington's brother Rushrod Washington (a nephew of Justice Bushrod Washington) died he left a young daughter, Frances W^ishington, whom George Corbin Washington took into his family and to whom he subse(]uently gave several relics ot (uiural Washington. The remainder he left to his only son, Lewis William \\ ashington, as appears by these extracts from his will: '"Item — I give to niv son, Lewis W. \\'ashinf;ton, all my papers otiur than those relating to my private business. ... I also give to my son, Lewis W. Washington, the suord of (jeneral George Washington, devised to me by my father, and also the sword and pistol (one of them being lost) of the .said General George Washington, devised to me by my uncle. Judge i?ushrod Washington. "Item — I give to my son, Lewis, my law books, public documents, and such other portion of my librarv as my wife may not wish to retain." Colonel Lewis William Washington married, as his second wife, the great- granddaughter of General Washington's only sister, Betty Washington, who had inherited several important relics from General Washington's sister and from General Washington's adopted daughter, Eleanor Parke Custis, among which was the Bible of General W'ashington's mother, now at Mount Vernon. It will be seen from the foregoing that in the possession of Colonel Lewis William Washington were concentrated the relics of General Washington from Hve familv sources. Colonel Lewis William W'ashington had one son by his first marriage, Major James Barroll W^ashington, C.S.A., and by his second marriage one son, Wil- liam de Hertburn Washington. The latter died without issue. The only living child of the late Major James Barroll Washington is Mr. W'illiam Lanier Washington, now of New York City, who inherited several important relics from his half uncle, William de Hertburn Washington, and the relics which belonged to his father. Frances W'ashington, above mentioned, to whom George Corbin Washington gave several important relics of General Washington, died without issue and these relics, among which were the silver Camp Cups, reverted to George Cor- bin Washington's grandson. Major James Barroll W'ashington and his son, Mr. William Lanier Washington. These genealogical summaries are given to explain the history and descent of these relics from General Washington to their present owner, Mr. William Lanier Washington, who being childless and having no near relatives to inherit, has decided to disperse the Collections that they may be cared tor perma- nently by public institutions or cherished by patriotic private collectors. RELICS OF GEORGE WASHINGTON fONSIGNEll FOR liNRESTRICTED PIJIUJC SALK HV MR. WILLIAM LANIER WASHINGTON Thursday Evening, April 19, 1917, at 8:15 o'clock PART I The Relics in the First Pait of Mr. Washington's Collection were mherited and obtained by him from members of his tamilv on the lines as shown m the Introduction I COAT BUTTON WORN BY GENERAL WASHINGTON Mounted with two contemporary patriotic buttons with the initials "G. W." in centre. Marked with inscription 'T.ong Live the President." Two different varieties of these rare buttons worn while Washington was President of the LTnited States. 3 pieces in frame. 2 FRAGMENTS OF TWO SILK GOWNS WORN BY MARTHA WASHINGTON Mounted in antique mahogany frame. 3 FOUR ENGRAVED COPPER BUTTONS FROM GENERAL WASH- INGTON'S DRESS COAT Worn while President of the United States. In fine bhick. morocco case with inscription. SILVER SERVING SPOON OWNED BY GENERAL WASHINGTON Used h\ General \\ ashin^ton in his camp equipment durmji the \\ ar ot the Revolution. Richard Humphreys, Philadelphia, maker, cuca 1777. In fine black, morocco case with inscription. 10 ■'V 1 ■ — ->qp .if V SSBPS ^y '*-;'' e ^ 5 GENERAL WASHINGTON'S WINE GLASS Cut glass, Colonial type. One of a set for serving Madeira at Mount Vernon. In very good condition. In Hne black morocco case with inscription. 6 GENERAL WASHINGTON'S WINE GLASSES Two finely cut wine glasses, the remaining portion of one of the finest sets of wine glasses used by General Washington at Mount Vernon on state occasions. They are of English make and were imported by General Washington after his return to Mount Vernon to retire to private life. Both glasses are well preserved. In tine morocco case with mscription. 7 BROOCH FROM ONE OF GENERAL WASHINGTON'S SPOONS Wrought in the shape of a small hatchet from a broken silver spoon and engraved with the script monogram "G. W." Length, \^^ inches. II MARTHA WASHINGTON'S TEASPOON A silver teaspoon of pure Colonial type. Length, 5^4 inches. Marked in script "M. W.". One of a set in use at Mount Vernon duruig the life of General Washington, which is said to have been presented to Martha Washington by a French visitor at Mount Vernon. It has had consider- able wear, as the maker's mark is almost obliterated, but the spoon is in excellent condition. In fine black morocco case with inscription. BRASS CANNON OWNED BY GENERAL WASHINGTON This cannon is six and one-half inches long. It is characteristically en- graved and is mentioned in the "Inventory of General Washington's Estate." It is apparently a reduced copy of an historic cannon, and no doubt was a memento of the sterling work of its prototype. In fine black morocco case with inscription. 12 lo MONEY SCALES OWNED BY GENERAL WASHINGTON These money scales are listed in the "Li\entory of the Estate." The one remainmir weight is marked " i Souver-ain." 13 II MONEY WEIGHTS OWNED BY GENERAL WASHINGTON Two sets of nested weights in bronze and of interesting workmanship, used by General Washington at Mount Vernon and inventoried by the executors of his estate. In fine black morocco case with inscription. H TWO SCROLL EDGE DLSHES FROM MOUNT VERNON Owned by Justice Bushrod Washington. White porcelain with decorations of floral sprays in brown flecked with gold. Marked "Copeland and Gar- rett" (the original name of the Copeland Porcelain Factory in England). Length, lo inches; width, 7 inches; lain in perfect condition. depth, I' 2 inch. \ ery unusual porce- 13 TWO OCTAGONAL DISHES Match preceding. 8}4 inches wide. In perfect condition. 14 TWO CAKE DISHES Match the preceding. Width, S-^^, inches and 9 inches; depth, 1/2 inch. In perfect condition. 15 15 TORTOISE-SHELL SNUFF BOX OWNED BY WASHINGTON Inlaid with silver and gold pique, marked "G. W." Inherited by the pres- ent owner from his father. The mitials on the top appear to be facsimiles of Washington's handwriting. Length, 4'4 inches; width, 154 depth, I mch. In fine black morocco case with mscription. mc lies; i^ BROCJCH MADE FROM GENERAL WASHINGTON'S SPOONS This brooch was made many years ago with the script monogram " |. B. W." and given to the mother of the present owner by a member of the family who had these broken spoons and sought to utilize them as a sou- \enir. Size, 3 bv 2 inciies. 17 GEORGE GORBIN WASHINGTON Receipt for a runaway slave returned to Colonel Washington. Washington, March 30th, 1853. Received of Mr. WashinRton .Six dollars and fifty cents in full for apprehending his sla\c Maiinlton. James IJowen. 16 GENERAL WASHINGTON'S STEEL SHOE BUCKLES Worn informally at Mount Vernon. These buckles are inventoried among the personal effects of General W'ashington by the executors of his estate. Size, 2-^4 by 2-Vs inches. In fine black morocco case with inscription. 17 19 SNUFF BOX OWNED BY GENERAL WASHINGTON This snuff box, which is made of tortoise shell inlaid with gold, was given by General Washington to his nephew, Justice Bushrod Washington, of the Supreme Couit of the United States. It was given by Justice Bushrod W'ashington to his nephew. Colonel George Corbm W'ashington, M.C, the great-grandfather of the present owner. The central ornament of this bo.x has been lost or broken and has been replaced with a portrait ot General Washington finely etched in gold on black glass. In fine black morocco case with inscription. i8 20 SIX SILVER TEASPOONS OWNED BY GENERAL WASHINGTON And used by him at Mount Vernon. R. Wenman, New York, maker, circa 1795. These spoons are in tine condition and form one ot the most inter- esting Items ot Washington's table silver in existence. In tine black morocco case with inscription. 19 21 SILVER SUGAR TONGS OWNED BY GENERAL WASHINGTON And used bv him at Mount Vernon. C. A. Burnett, Alexandria, Va., maker, circa 1797. Burnett made many pieces of silver for the Washington family. In Hne black morocco case with inscription. 20 MINIATURE TRUNK Given by General Washmgton to his adopted daughter, Eleanor Parke Custis. The small trunk is covered with the hide of a deer, on which the hair still remains, and is studded with brass-headed nails. It was used by Nellie Custis, granddaughter ot Martha Washington and adopted daughter of General Washington, in which to keep her small belongings. The daugh- ter of Eleanor Parke Custis gave this trunk to her first cousin, Betty Bur- nett Lewis, who was the mother of Mrs. Lewis William Washington, step- grandmother of the present owner. The size of the trunk is as follows: Length, 13^2 inches; width, S inches; depth, 6 inches. SILK BREECHES OWNED BY GENERAL WASHINGTON Worn on formal occasions while President of the LInited States. These breeches are made of light-brown corded silk of superior quality. They remain in excellent condition and are an interesting relic of Washington's personality. In glass case with inscription. 21 24 MARTHA WASHINGTON'S MONEY PURSE Knitted in tan silk and embellished with cut steel beads, rings and tassels. In perfect condition. In glass case with inscription. GENERAL WASHINGTON'S STEEL SWORD BELT BUCKLE Worn during the War of the Revolution. With this buckle General Wash- ington fastened the belt around his waist from which depended his sword throughout the seven years of the War of the Revolution. The sword is in the State Department at Washington, and is one of the most valuable and cherished relics of General Washington. The size of the buckle is 2>2 by I '4 mches. In fine black morocco case with inscription. -J 26 GOLD SEAL WITH WASHINGTON'S COAT-OF-ARMS Cut in cainelian and mounted in gold. Given by General Washington to his brother. Colonel John Augustine Washington, the great-great-great- grandfather of the present owner. The photographs show the actual size of the seal. In fine black, morocco case with inscription. 24 27 CANDLESTICKS OWNED BY GENERAL WASHINGTON 1 his pair of candlesticks were used hy General Washington on his desk at Mount \'ernon. They are line Sheffield plate; tapering and fluted shafts and hobeches, moulded and headed circular bases, in manner of Sheraton Height, lo inches. i8 READING GLASS OWNED BY GENERAL WASHINGTON In his possession at the time of his death in 1799. Mentioned in an article bv Annette Lewis Bassett (sister of the step-grandmother ot the present • owner of the reading glass) in Scribufr's Magazine May, 1877, as follows: "Washington's sun-glass, in a massive silver rim, with solid silver handle of quaint device, his sword-belt worn through the Revolutionary War, and a number of letters not yet given to the public are all in the possession of one lady." [ I he name of this lady is nor mentioned but she refers no doubt to her sister, the widow of Colonel Lewis William Washington, grandfather of the present owner.] Length, 4' 8 inches; diameter of the glass, 2^8 inches. In fine black morocco case with inscription. J 26 29 WEDDING RING OF GENERAL WASHINGTON'S MOTHER Small well-worn broken band of gold, the ring with which Augustine Washington, father of George Washington, married Mary Ball. One of the very few relics of the mother of Washington extant and probably the most valuable of any known to be in existence. It is stated to have been taken from his mother's finger by General Washmgton at the time ot her death and was given by him to his niece, Jane Washmgton, mother of George Corbin Washington, who in turn gave it to his niece, Frances Wash- ington. Frances Washington before her death gave it to James Barroll Washington, father of the present owner, about 1895. In black morocco case with inscription. 27 30 WHIST COUNTERS OWNED BY GENERAL WASHINGTON Mother of pearl, handsomely engraved. In the original book of accounts kept by Lund Washington, overseer of Mount Vernon, from 1762 to 1784, appear entries on page 42, m the account with General Washmgton's brother, "Mr. Charles Washington," on the debit side, "To won at whist at your House, 7.6 shillings," on the credit side, " By Cash won at Mount Vernon, 5 shillings." In mahogany case with inscription engraved on silver tablet. 28 31 WRITING CASE OWNED BY GENERAL WASHINGTON The writing case is of rosewood with mother-of-pearl mountings. Length, IV<4 inches; width, 8^4 inches; height, 4' 2 inches. Attached to it is the statement in the writing of the grandfather of the present owner to the effect that it was given by General Washington to his nephew, Bushrod Washington, Justice of the Supreme Court of the L'nited States, and its later line of descent as follows: "This case was presented by General Washington to his nephew, Judge Bushrod Washington, and by him to his nephew. Colonel George Corbin Washington, and by him to his son, Lewis William Washington, m 1854." Also attached to the writing case is a statement in the handwriting of its present owner as follows: "This writing case was inherited by William de Hertburn Washington, the young- est child of Lewis William Washington, whose statement in his own handwriting is attached to the case. Upon the death of William de Hertburn Washington in 1914, it was inherited by his nephew, William Lanier Washington, the present owner of this case. — William Lanier Washington, 1916." 29 32 TWO SILVER CAMP CUPS OWNED BY GENERAL WASHINGTON Used bv General W'ashinsjton during rhe War of the Revolution. Edmund Milne, Philadelphia, maker, 1777. Size, 3^4 inches high; 2^4 inches wide at the top; 2'j inches wide at the bottom. These cups were given by General Washmgton, durmg his life, to his nephew. Colonel William Augustine Washington, and are probably one of the most valuable and interesting relics of General Washington in exist- ence. A reproduction of Milne's original bill for the making of these camp cups is shown in this catalogue. The original bill is not oflered for sale as it is not now in Mr. Washington's collection, but a photographic fac- simile of the exact size will accompany the cups. The name ot the maker is stamped on the bottom of each cup. 1 he cups show considerable use and wear and are somewhat dented and marked but have been retained in the state in which they left Washington's hands. In fine black morocco case with inscription. 30 GLXKKAL WASHINGTON'S SILVER CAMP CUI'S AcrrAL SIZE |. Number 32 1 .1J WASHINGTONIANA COiNSlC.NED BY MR. WILLIAM LANIER WASHINGTON PART II The follo\viii7 BRONZE STATUETTE OF WASHINGTON Pinely modelled standini; figure. On fluted halt" column ot" white marble, ormolu mounted. Height of figure, 9'j inches; height of base, 5 inches. 68 BRONZE STATUETTE OF FRANKLIN Standing figure. Companion to the preceding. 47 69 RARE CONTEMPORARY' CHINTZ PANEL A center medallion holds the portrait of VVashinjiton and is surmounted by the Coat-of-Arms of the United States, dated 1776, and an inscription, "l^iberty and Independence our Country's Pride and Boast." On the right and left are medallion portraits of Jefl'erson and Madison. Below, on each side, are four scenes of naval engagements in medallions entwined with ribbons and wreaths, which are inscribed with the sayings of the respective commanders, whose flags are flying. In the center are three large ovals depicting the battle of Lake Erie with Perry's message: "We have met the enem\ and they are ours"; the battle of Lake Champlam, and "The Glorious finishing. New Orleans," with the inscription, "Without the advantages of discipline we have con- quer'd cont]uerors. -Jackson." On either side of this medallion is a flag, one bearing the inscription, "The Peasantry of America who know their Rights and their Duties." The other, "The Right Hand of Fellowship to all Nations who deserve it." At the toot ot the piece on the left is the figure of a woman holding a scroll which reads, "Hail Columbia happy Land. Be then forever great and free, the land of love and Liberty." On the right is the figure of a man holding a flag inscribed, "Millions for Defence, not a cent for Tribute. Columbia fears no haughty Foe, who ploughs the stormy main. Her Home's a mighty Continent, her Wealth, her wide Domain." At the base an inscription, "Free trade and Sailors' Rights. Rodgers. Porter." Printed in mulberry on deep ivory ground. In fine proof condition. Size, ^2 .\ 24 inches. In gold frame with black glass mat. 48 VERY RARE CHINTZ PANEL [NiiinlHT ()'.t| 70 BRONZE BUST OF GENERAL WASHINGTON Life size. This is the first casting ever made directly from tlie origmal pLaster model, which was made from life by the famous trench sculptor, Jean Antoine Houdon, in 17S5. The plaster model, which was left by Hou- don at Mount Vernon, is valued at 350,000 and is one of the two busts made in plaster by Houdon who came to America for the purpose of makmg the statue of Washington (now in the rotunda of the State House at Rich- mond, Virginia). Houdon is the only sculptor that Washington per- mitted to make life casts from his face, head, and body. The other plaster bust was carried to France by Houdon where it is now preserved by the French Government. This bronze was cast in New York City by the late Maurice Power in his own foundry and was retained for years m his familv. It was bought from Maurice Power's widow. BRONZE BUST AFTER HOUDON [N'unilier TO) 71 PORTRAIT OF GENERAL GEORGE WASHINGTON Painted by Rembrandt Peale, who was born in Bucks County, Pennsyl- vania, February 22, 1778, and died in Philadelphia, October 3, i860. Slightly more than life size, bust length, facing about three-quarters to the right. A fresh-complexioned and vigorous, fearless face with benignant eyes — a most human portrayal. Dressed in blue Continental military coat with gold epaulets, bufF-colored reveres, white stock and ruffle. Height, 30 inches; width, 25 mches. In beautiful frksh condition .•xnd so far as known it has never been reproduced. It is well known that Peale painted his hrst portrait of Washington when he was only seventeen years of age, and at that time obtained three sittings from his great patron. Mr. Charles Henry Hart has examined this portrait and has submitted the following report to Mr. Washington: " I have examined the portrait of WashinRton, three quarters to right, in uni- form, on canvas 25 x 30 inches, that you submirred for my opinion. It is painted by Rembrandt Peale and doubtless is one of his trial pictures, painted vi'hile he was arriving at his composite portrait of 1823-24. It shows the right side of the face while the composite portrait shows the left side of the face which is the familiar "Rembrandt Peale's Washington." It is, as are all of the 1823-24 type, of heroic size, that is, larger than life and is to me a new type, for which reason it is of especial interest. It is painted in Rembrandt Peale's usual manner and with his high-color palette. [Signed] CHAS. HENRY HART." i Other experts who have examined this portrait have, without excep- tion, declared it to be an unusually excellent example of the work of Rem- brandt Peale. Mr. Hart's report accompanies the portrait. 52 PORTRAIT OF GENERAL WASHINGTON TAINTED BY REMBRANDT PEALE jXumbcr 71] PORTRAIT OF THE MOTHER OF WASHINGTON Portrait of Mary Hall Washington, painted by Robert Edge Pine. In its origmal condition. Height, 21 '2 inches; width, 18 inches. By special arrangement a reserve price of Ten Thousand Dol- lars HAS been placed ON THIS PORTRAIT. If AN INITIAL BID OF THAT AMOUNT IS NOT RECEIVED THE PAINTING WILL BE WITHDRAWN. EvERY OTHER ITEM IN Mr. WaSHINGTOn's COLLECTION WILL BE SOLD WITHOUT RESERVE OR RESTRICTION. This celebrated portrait has been on public exhibition at the Jumel Mansion, General Washington's Headquarters, in New York City, and in February and March of this year was in the Loan Exhibition of early American portraits at the Brooklyn Museum. It is familiar to the public and is the only known authentic portrait of Washington's mother. Mr. Charles Henry Hart, the recognized authority on portraits of the Washington family, made an exhaustive study of this portrait and sub- mitted to Mr. William Lanier Washington a long and elaborate report. He said: "The authorship of the paintini; is perfectly clear to me. It is, without the least doubt, the work of Robert Edge Pine, a British painter who, born in Great Britain in 1730, came to this country in 17S4 and died at Philadelphia, November 19, 1788. Pine visited Mount Vernon and Washington notes in his Diary on April 28, 1785, Pine's arrival 'in order to take my picture from life.' He remained at Mount Vernon three weeks and when he left carried letters of high commendation from Washington. In addition to the portraits of Washington and Fanny Bassett, Pine painted at Mount Vernon portraits of Mrs. Washington's three grandchildren." Mr. Hart added that the portrait was not only painted from life but was "an absolutely homogeneous painting, that is, all painted at the same period or virtually at the same time." He also said that it was an extremely good example of Pine's work at his best, being firmly and decisively painted, "and no one can help but see instinctively its general resemblance to the well-known lineaments and distinguishing characteristics of the portraits of the Father of his Country." After a further review of the evidence Mr. Hart closed his report as follows: "I am pleased to be able to say that from my investigations and researches into the history of this portrait and from my considerable familiarity with portraiture in general and with the portraits of Washington in particular, I am of the opinion that this is a portrait of your ancestress in the sixth generation, Mary Ball, the Mother of Washington." Mr. Hart's opinion has been endorsed by many distinguished authori- ties. Lyon G. Tyler, LL.D., president of William and Mary College, wrote to Mr. William Lanier Washington: "The statement of Mr. Charles 54 Henry Hart is conclusive in my opinion of the authenticity of the Mary Ball portrait. No higher authority could be had." Mr. Worthington Chauncey Ford, formerly chief of the Division of Manuscripts in the Library of Congress, author of a Life of Washington, the editor of the Writings of Washington, and now the editor of the Mas- sachusetts Historical Society and the President of the American Historical Association, wrote to Mr. Washington with regard to Mr. Hart's report: "I do not think you could get a more judicious, with a nearer approach to certainty. You now have a document which will serve to answer any critic who questions the probability of the portrait. In all this matter of portraiture you cannot do better than to follow Charles Henry Hart." General Roger A. Pryor, late Justice of the Supreme Court, State of New York, wrote: "After a critical examination of the evidence I am sat- isfied beyond a doubt that your picture is an authentic portrait of Wash- ington's mother." Mr. Frank W. Bailey, of the Copley Galleries, Boston, an authority on early American portraits, wrote a detailed review of the recent Loan Exhi- bition in Brooklyn which was published in the Boston Evening Transcript of February lo, 1917, in which he said: "Robert Edge Pine has four portraits credited to him, only one of which, that of Mary Ball Washington, shows him to be a painter of excellence. This portrait is undoubtedly a genuine one, is so Hne in technique and color that it is difficult to realize it as com- ing from his hand." The authenticity of the portrait has also been approxed bv Mr. Ed- ward Hagaman Hall, historian and author, of New \'ork Citv; W. Gor- don McCabe, A.M., IT..D., president of the Virginia Historical Society; Mr. William Henry Shelton, curator of Washington Headquarters, New \'ork City; Clarence Winthrop Bowen, LL.D., president of tiie New York Genealogical and Biographical Society; Mr. Jonce Irwin McGurk, authority on early American portraiture; Mr. Frank Allaben, editor-in- chief of the "Journal of American History," and by all other authorities to whom it has been submitted. The report of Mr. Han, autograph letters from the authorities named above, and newspaper articles regarding the historv of the portrait, have been handsomely bound in full morocco in a quaito \olumt which will be delivered to the purchaser of the portrait. [The Portrait reproduced in colors is the frontispiece of this Catalogue.] 55 ORIGINAL LETTERS AND DOCUMENTS OF GEORGE MASON AND OTHERS ON THE FORMATION OF THE CONSTITUTION HISTORICAL NOTE IN September, 17S6. a meeting was lield at Annapolis by Commissioners from New York, New Jersey, Pennsylvania, Delaware, and Virginia to "remedy defects of the Federal Government." Commissioners had been appointed from other States but only those from the States named attended and the net result of the meeting was a recommendation to the States repre- sented to procure the appointment by all the States of Commissioners to meet in Philadelphia in May, 1787, "to devise such provisions as shall appear to them necessary to render the Constitution ot the Federal Government ade- quate to the exigencies of the Union." That suggestion resulted in the Federal Convention at Philadelphia. The date fixed for the meeting was May 2, 1787, but it was May 25 before a sufficient number of States were represented to constitute a quorum, and on the 29th, Governor Edmund Randolph of Virginia presented fifteen resolutions and Charles Cotesworth Pincknev of South Carolina a draft ot a Federal govern- ment, both of which were referred to the Committee of the Whole. These were debated until the 13th of June, when the committee presented to the Convention nineteen resolutions founded on those which were proposed by Mr. Randolph. Later William Paterson of New Jersey submitted some resolu- tions that were referred to the Committee of the Whole but on the 19th of June that committee disagreed with the proposals of Mr. Paterson and again reported the nineteen resolutions previously agreed to. From that time until the 23d of July the Convention debated these nine- teen resolutions and on the 24th ot Julv appointed a "Committee of Detail" under a resolution "That the proceedings ot the Convention tor the establish- ment of a National Government, except what respects the Supreme Executive, be referred to a committee for the purpose ot reporting a Constitution conform- ably to the proceedings aforesaid." The Convention then adjourned until August 6th to await the action of the committee. This committee consisted of John Rutledge, Edmund Ran- dolph, Nathaniel Gorham, Oliver Ellsworth, and James Wilson, who were chosen by ballot. On August 6th the Committee of Detail reported a draft of a Con- stitution which was debated until the 8th of September, when another com- mittee of five was appointed to "revise the style of and arrange the articles agreed to by the house." This was known as the Committee on Style and Arrangement. The members were W'illiam S. Johnson, Alexander F^amilton, Gouverneur Morris, James Madison, and Rufus King, and on September 12th it reported the draft of the Constitution as well as a draft of a letter submitting It to Congress, and it was ordered that printed copies be furnished to members and they were delivered the next day. Finally on Saturday, September 15th, the Constitution as amended was "passed in the affirmative — all the States concurring." 59 The Convention met again on Monday, September 17th, and agreed to one more change, and then after passing resolutions phicing its journals m charge of the President subject to the order of Congress if ever formed under the Con- stitution adjourned sine dir. The Congress of the Confederation was in session in New ^'ork when the Federal Convention adjourned and on September 2Sth it unanimously resolved to refer the proposed Constitution with the "resolutions and letter accom- panying the same" to the State legislatures "in order to be submitted to a convention of delegates duly chosen in each State by the people thereof." The last article of the Constitution provided that "The ratification of the conventions of nine States shall be sufficient for the establishment of this Con- stitution between the States so ratifying the same." The dates of these rati- fications by the States are as follows: Statk Datf Votk Delaware December 7, 1787 Unanimousl}' Pennsylvania December 12, 1787 46 to 23 New jersey December 18, 1787 Unanimousl\- Georgia January ;, 1 788 I'nanimously Connecticut January g, 1788 128 to 40 Massachusetts. February 6, 1788 187 to 168 Maryland April 28, 1788 63 to 12 South Carolina May 23, 1788 149 to 73 New Hampshire June 21, 1788 57 to 46 Virginia June 25, i 788 89 to 79 New York July 26, 1788 30 to 28 North Carolina November 21, 1789 193 to 73 Rhode Island May 29, 1790 34 to 32 It will be seen that only three State Conventions voted unanimously for the adoption of the proposed Constitution. Many of the most patriotic men in America believed it to be faulty in several particulars and held that until it was amended it should not be adopted. And in consequence the struggle brought out pamphlets and newspaper articles by the score. Among those opposed were such men as Richard Henry Lee, Elbridge Gerry, Luther Martin, George Clinton, James Wadsworth, Patrick Henry, and George Mason. In fact, Washington was the only member of the \'irginia delegation to the Federal Convention who signed the new Constitution. Edmund Randolph, the Gover- nor of the State, was led to vote for its adoption onlv because eight States had already adopted it, and, as he explained, the main question was "Inion or no LTnion." His speech on recording his vote for ratification contained the expres- sion, "But although for every other act of my life I shall seek refuge in the mercv of God, for this I request His justice only." The principal obiections to the Constitution were finally overcome by the first ten amendments which were declared in force December 15, 1791. 60 THE MASON PAPERS Original Documents, Autograph Lkttkrs, and Printkd Drafts ok the Constitution of the United States, 1787, preserved by George Mason OF Virginia, a member of the Convention, in the handwritinc; of George Mason, Edmund Randolph, Richard Henry Lee, and P",D\VARn Ruti.edge. I hv toll()\vin pp. Edmund Randolph's Draft of a Constitution. Fir.st Secretly Printid Dr.akt of a Constituiton. Second Secretly Priniid Dr.kft of .\ Constitution. .\utogr.\I'H Document, i '4 pp. .Amendments to the Constitution by Richard Henry Lee. .Autogr.\ph Document, 5 pp. .Amendments to the Constitution by Cjeor<;e Mason. AuTOGR.^PH Document, 2 pp. Renardint; the Virginia Con\ention by Georse Mason. Autogr.^ph Letter Signed b>' Richard Henry Lee, 4 pp. Reiiardint; the powers uranted to the E.xecutive and Congress. .Autograph Letter Signed by Rich.ird Henry Lee, 4 pp. Refiardmj; peculations aniom; public officers. .Autogr.\ph Letter Slt;NED by tieorse Mason, 5 '2 pp. Reiiardini; \'iri;ini.i's Western Lands. HlciGR.^PHKAL Ski-I'CH of (!cori;e Mason b\' Judne Bland. George Mason (1725-17^2) was one ot tlie greatest statesmen ot Virginia. James Madison said he was the ablest debater he had ever known and Thomas Jeft'erson described him as "a man of the first order of wisdom, of expansive mind, profound ludgment, cogent in argument, learned in the lore ot our former constitution, and earnest tor the republican change on democratic principles." In 1769 Mason drew up the non-importation resolutions which were presented by Washington in the \ irginia Assembly and unanimously adopted. In 1774 he proposed twent\-tour resolutions re\Tewing the contro\ersy between Cireat Britain and the Colonies, recommending a Congress, and urging non-intercourse with the mother-country. In 17761 he drafted the Declaration of Rights and the Constitution of \ irginia which were unanimously adopted. He repeatedly de- clined the highest public offices, but did consent to serve in the Convention to frame a Constitution for the United States. He took an active part m its de- bates and was distinguished for his liberal principles. In the discussion whether the House of Representatives should he chosen directly by the people, he main- tained that no republican go\'ernment could stand without popular confidence, and that confidence could onl\- he secured bv giving the people the selection ot 61 one branch of the legislature. He also favored the election of the President by the people and for a term of seven years with ineligibility afterward. In some attempts to render the Constitution more democratic Mason was defeated m the Convention, as these Letters and Documents show, and when the instru- ment was completed he declined to sign it. He was especiallv dissatisfied with the extended and indefinite powers that were conferred on Congress and the President, and on his return to Virginia he was chosen a member of the Con- vention to which the Constitution was referred for ratification or rejection, and there, with Patrick Henry and others, he continued his opposition, insisting on certain amendments, which are also set forth in these papers. Among the amendments which he proposed was a Bill of Rights and about twenty altera- tions in the body of the measure, and several of these were afterwards adopted. I he Documents, Letters, and Drafts here offered show Mason's position and that of several of his associates throughout the great contest for the estab- lishment of a strong and effective government. 1 he proceedings of the bederal Con\ention were secret and at its dissolution all the official papers e.xcept the Journals were burned and many of the members destroyed their notes. Two drafts of the Constitution were printed secretK- during the debates for the con- fidential use of the members, very few of which ha\e survi\ed. Both drafts are, howe\er, in this Collection, and their interest and importance are greatly enhanced by the manuscript notes in the handwriting of Mason. The Consti- tution as printed the third time b\' order of the Comention was in the final form as ultimately adopted. The Letters of Richard Henry Lee in which he opposed the adoption of the Constitution are exceedingly interesting, particularly the letter in which he pre- dicts a Civil War as an inevitable result of the proposed form of government. The letter of Mason regarding Virginia's ^^'estern Lands is also of great histor- ical importance. I lie Documents, Letters, and Drafts naturalK belong together, for tliev were preserved by the same man and relate to the same subject. For this reason THEY WILL 15E OFFERED AS ONE LOT AT AN UPSET PRICE OF TeN ThOUSAND Dollars. If this bid is not received the Documents, Letters, and Drafts (Numbers 73 to 86) will be sold separately without reserve as catalogued. ORIGINAL LETTERS AND DOCUMENTS ON THE FORMATION OF THE CONS Trill TION PRESERVED BY GEORGE MASON OF VIRGINIA A MEMBER OF THE FEDERAL CONVENTION Note — The following Documents, Letters, and Drafts (Numbers 73 to S6) are offered as one T>ot at an upset price of Ten thousand Dollars. If tliis bid IS not received the\ will be sold separateK' without reserve as catalogued. 73 MASON (GEORGES). Autograph Document, 2 pp., small 4t(), written during the sitting of the Federal Convention, probably May, 1787. Pre- ser\ed under silk gauze. On one side of the sheet, he has written "(/'. Mason hrtis thr favour of Majr. Jackson [the Convention's secretar\] to correct the joUo:v'uii^ Resolu- tion, in the manner it hath been w^reed to by the Convention." Then follows the resolution upon the manner of election of the "second branch of the Leoislature oj the United Stales," with the desired change made in Major Jackson's hand from "tnennially " to "biennially." Ihis resolution was discussed in the Convention at the sitting on May 31st. This side of the sheet has been crossed out in ink. but not in a manner to interfere with Its legibility. 1 he reverse side contains a dratt ot his speech upon the manner ot electing the two branches of the legislature, which was discussed at the same time as above. He makes a clear distinction between the "Circum- stances, Situation, Character, &: Genius" of the American and other Peo- ples, and continues, "Conclusions have been dra:ni that the People of these United States would refuse to adopt a Covernnient founded more on an equal representation of the People themselves, than on the distinct representation of each separate individual State. — // the different States in our Union akrays had been as now run substantially ly in reality distinct sovereii:,n nations, this kind of reasoning would have great Force; but if the premises on :vhich it is founded are mere assumptions . . . no satisjactory conclusions can be dra:vn from them." 63 74 MASON (GEORGE). Autograph Document, 3 '2 pp., small 4to, closely written; preserved under silk gauze. Contams draft of his Speech be- fore the Federal Convention, advocating three persons instead of one as Supreme Executive of the I'nited States. [June, 17S7.] This speech contains more material and is more hrmK expressed than that mentioned in the Madison Papers as being delivered to the Conven- tion on [une 4th. lie argues that his council of three would provide tor sickness or disabilitv in the executive, would greatly strengthen the "Coun- cil of Revision," and that the tendency to vest strong and extensive powers in the executive would, were that executive only one person, result in the republican form of government degenerating into a monarchy. He con- siders that the virtues he admits centrah/ed power to possess are fully compensated for in a democracy by "//;(• attach mrnt of tlir (htizi'iis to their Lazes, to their Freedom, iS to their Country. — Every husbandman zvill he quickly converted to a soldier, zchen he knou-s l^ feels that he is to pi^ht not in defence of the rights of d particular family, or a Prince, but for his own . . . and who that reflects seriously upoti the situation of America, in the beginning of the late war — without Arms — without Soldiers — without Trade, Money, or Credit — in a maimer destitute of all Resources, hut must ascribe our Success to this pervading all-powerful Principle." He concludes, " // the executive is vested in three Persons, one chosen from the Northern, one from the Middle y one from the Southern States, will it not contrdjute to quiet the minds oj the people . . . y consequently [be] the best Security for the Stability i^ Dura- tion of our Government upon the invaluable principles of Liberty.'' This interesting proposal was finally defeated in the Convention by a vote of 7 States against 3, but the support it received indicates the very strong fear felt throughout the country that the granting of large powers to one individual might tend to establish a monarchial system in the young Republic. MASON (GEORGE). Autograph Manuscript, 2 pp., folio, containing Amendments to be proposed to the Federal Constitution during the sitting of the Convention, 17.S7. Preserved under silk gau/e. Contains a list of eighteen amendments and suggestions, with the results of voting marked against some, viz.: "Disagreed," "Refused," "Agreed to"; others have nothing marked, presumably those the object of which had been secured by other amendments. The fourth proposal on this list, respecting the provision ot State mili- tia, reads: ''That the Liberties of the People may be better secured against the danger of regular Troops or Standing Armys in tune of Peace." 64 I hf ele\L'tnh, which \\;is carried and emhothcd m the Constitution, hniits the appointmi; power of the President as follows: "l/iil thr Couiirrss max h\ La:v vrst thr a pf^dinlnu'iit i>t such nifrrior officrrs as thr\ iiiav think proper 1)1 thr Prrsulr)/! iiloiir, in thr ('imrts oj J.ci:r. or thr I/iiii/s of Drpart- iiiriils." 1 he hfteenth, relatinti to 1 reason objects because "no J:\rrptioii or Provision |is niadel tor thr ■:vifr-—:ch(i )>u>\ hr iniiorrnt, CJ oii^ht not to br invohv'd in Ruin from thr (jiiilt of thr II ushand ." 1 ins was rejected h\ the C\)n\ention and the clause remained '\hiri)i<^ thr lifr of thr prrsoii attdintrd." Re^;^^, /,.-.. ^^^ -7 < // '■C'^7 5,^ / o^ML^j ,-^^ r'-t -A'^ 3 iCj, i^i^^ ..^^ i. c^^^ «--t« m^t^M.- C^v^-^t^^ r. y5f^ *^^ '/^ &^&V iJ^^^; '-^^^'C ^^ '^n^. RANDOLPHS DRAFT OF A COXSTFrUTIOX [Number 77] He was to hold office for seven years and be ineligible thereafter. An amend- ment by Rutledge at this point suggested the title of "Governor oj tlir United People and States of America." The document is rich in ideas which served as a basis for the construction of the Constitution of the Ihiited States. The last page is an outline or draft of " J)i address to satisjy the people of the propriety of the proposed reform."' This is entirely in Randolph's hand. It was evidently his plan, when the Constitution was to be sub- mitted to the people, to address the country at large, through a communi- cation explaining the principles of the proposed Constitution and advocat- ing its adoption as the best substitute for the unsatisfactory Articles ot Confederation which were then very weakly holding the Union together. FIRST PRINTED DRAFT 78 FIRSl^ PRINTED DRAFT OF THE CONSTITUTION OF THE UNITED STATES. Five printed proof sheets of the Constitution, with Manuscript Notes, Amendments, and Interlineations in the auto- graph of George Mason. Pp. 3 to 7 (i and 2 missing), 5 pp. folio (edges slightly frayed, and a small hole in 4 sheets from a former fold affecting two or three words, all mounted). In James Madison's "Journal of the Constitutional Convention," thi appears as the ?irst DR.A.KT ordered to be printed. It is the result ot the deliberations of that body from May 25 to Aug. 6, 1787. The form is that reported by the Committee of Detail (or Committee of Five) con- sisting of Rutledge, Randolph, Wilson, Ellsworth, and Gorham. It com- prises twenty-three Articles, whereas the final form is condensed into seven. Unfortunately the present copy lacks the first two sheets, which contain Articles 1 to 5 and the first nine sections of Article 6. Each mem- ber received a copy and the separate articles were taken up for debate in detail. As they were agreed to, rejected, or modified, notes to that effect were made on this copy by George Mason. One of the interesting points about this draft is the plan of the E.xecu- tive as compared with that finally adopted. The Executive power was to be vested in a single person, elected by the Legislature, and holding hi office for seven years, and ineligible for election a second time. The mar- ginal notes appear to be both personal objections on Mason's part and amendments as the result of debate. The clauses and sections which were later embodied in the second draft are here indicated as ''agreed.'' s s 68 1 he clause relatinii to LeiiislatiN e power ro sulnlue lehellioii in an\ State was rejected and left to be reconsidered. Ihe section pro\idin<; for tine settlement of disputes between States was disagreed to for obvious reasons, as being too involved. Mason's influence can be seen in Article XXI, which specifies what shall constitute ratification. I lis jealousy for State rights is here displayed in the MS. amendment at the end of the clause: " TAf- ratification oj iiiiir States shall />,• sufficient for m-'j^anizinii '/''' Consti- tution hct:vecn such States." This is marked "agreed." This is thk kirsi' dr.aft ok thk proposkd Constiti'tion ordkrkd TO BE printkd BY THE Fkderai. CONVENTION. It was secietly struck off for the members as a basis for the continuation of the discussion. Both this and the later drafts are of the greatest rarit\, the number printed being probably not over sixty copies. Nearl\ all copies were destroyed. ^ord. in his Bibliography of the Constitution, locates onlv four copies, two in the archives ot the Department of State, and one each in the Librar\- ot Congress and the Massachusetts Historical Societv. This Draft was printed by Dunlap of Philadelphia. SECOND PRINTED DRAFT 79 FOUR PRINTED PROOF SHEETS OF THE PROPOSED CON- STITUTION OF THE UNITED STATES, with Manuscript Objec- tions, Amendments, and Interlineations in the autograph of George Mason. 4 pp., folio, printed, with 2 pp. folio of manuscript matter on the reverse of two of the printed leaves. Two preserved under silk gauze and two mounted (and very slightl\- damaged in former fold, making illegible one or two words). On August 6, 17S7, the Committee of Detail reported a draft of a Consti- tution, fhis draft, drawn up principally from the first set of resolutions submitted by Edmund Randolph, was debated until September Sth, dur- ing which period many other resolutions were introduced, some adopted and others rejected. On September 12th another revision of stvle and rearrangement of articles was made, when it was ordered that printed copies be furnished the members. On the ne.\t day they were distributed. The present is Mason's copy of that draft, the second printed form oe the proposed Constitution of the United States. No doubt this was printed by Dunlap, as the first certainlv was. Many of the amendments, corrections, and interlineations on this draft in Mason's autograph were embodied in the final version as submitted for 69 ratiHcation to the State Conventions. The\ were the subjects of long and earnest discussion among the delegates, and represent decisions of the greatest importance. Following are some of the most important and interesting of the manu- script corrections and interlineations which are found embodied in the present Constitution. Where they were adopted in their entirety the whole paragraph is (]uoted, and .\ll words in Mason's handwriting ARE HERE QUOTED IN ITALICS. In Article I, Sect. 2, third paragrapli, the word "servitude" lias been changed to read ".fcn'/C('." This paragraph also reads: "The number of representatives shall not exceed one for every forty thousand." In the Hnal version the words "forty thousand" were changed to "thirty thou- sand." In the sixth paragraph of Sect. 3, same Article, the words "or affirmation^' are inserted after "When sitting for that purpose thev shall be on oath." Sect. 4, first paragraph: "The times, places and manner of holding elections for senators and representatives, shall be prescribed in each State by the legislature thereof: but the Congress may at any time by law make or alter such regulations f.vri-/)/ d.r /o place of chusing Senators." Sect. 7, fourth paragraph, makes it necessary for a bill to be repassed by '' tzvo-thirds" of both the Senate and the House after a veto by the Presi- dent; the original reading is "three-fourths." Sect. 8, second paragraph, MS. amendment reads: ''but all diitifs, imposts c5 excises shall be uniform throughout the United States." Sect. 9, fourth paragraph has been amended to read: "No capitation or other direct tax shall be laid, unless in propor- tion to the census or Enumeration herein before directed to be taken. A'O prejerence shall be given by any regulation of Commerce or Revenue to the ports oj one State over those of another; nor shall vessels bound to or from one Stale he obliged to enter, clear or pay Duties, in another." Sixth para- graph, same section: "No money shall be drawn from the treasury, but in consequence of appropriations made by law; and a regular Statement Iff Jcct. oJ the Rects. l3 expenditure of all public nioney shall be published from time to time." The first paragraph of Sect. 10 has been entirely deleted and the following MS. amendment made: "Sect. 10. No State shall enter into any Treaty, .dlliance or Confederation, grant letters of marque Iff reprisal, coin money, emit Bills of Credit, make anything but Gold or Silver coin a Ten- der in payment of debts, pass any Bill of Attainder, ex post facto Law, or Law impairing the obligations of Contracts, or grant any Title of Nobility." Sect. 10, second paragraph, amended to read: "No State shall without the con- sent of Congress lay any Imposts or Duties on Exports or Imports, except what may he absolutely )iecessary for executing its Inspection Laws i^ the nett produce of all such Duties and Imposts laid by any State, shall be for the use 70 '..I. llic executive power fliail be veiled iii a prrfiiJcnt o( ilicUtiilc iliall lioUlliis olTiCc duringthc trim of (oiir years, aji.l, lo^tlhci" uiili lli the fjiiic term.be dccUd' niiVi i liliiimf i w it n iii n ^^o^t^*^* Each (late lliaM appoint, in Inch manner ;is ihe irKil^-iture tlicrcof may lOTS, equal to the whole luimlier »il lenaiors ;iiul rrpn \n (.^onprcfi: but no fen-uor or rcprelcntative ft w J l I m; tov.lnth & -»H* iatUii^ti* *n ii ,lStatcM.fAnirii:.v lie icc-prclidc:it,(.holcn lt:f reel, a miiiilirr of cler. (I.Tie ii::ty be ttitiilttl : WiHr ;>ttfon lu'li^ir^ ■ta> ;.ir two perf.n-^.nf v.'... ,\h.; ;!;cy Ihill iiul.c .i ,VliS UicY t:"^' f-^n ^"' ^■^Ifelident i,l the fc. 1 rep5tf;:i:r.:ive5 o{m :i cerii. an ullicc ol trull ur profit under the United States. i**«« ^**/y^ 'IheelctUirs ftiall meet m tl;cir rctpeijlivc dates, 3: -.1 \n!r bv 1'j" at Icail Iliall not bean inlmbitani ol I'.c :...nellj:o uitli thr:n!^l\r all the [>erfom voted toi , and ol llic ni r 'ir: ol ^ntcs ^^'' ^^\li ^, ly, and tranl'tnit Icsird to tlie teat of tiie j^ail**!!! povcrimieiiff^i- 'l he prcfiden: of the lrn::te (hall in the presence of tlic icinte and l;o ijicccitiricatcs, a:;d t!;c \ot(:> (hail liicn be counted. 1 he ptiinii havin,; the crcai; !'. r.-j!;i:;cr rt vutfs llulUuilierrelldentjifruch ituniber be a nujnrity ot ihrwiiolr number of rtrct.ii.i appfniled : and it l!.e:r Ik nicic l!.-in one ulio have fuch ni.Tj>niiy, .md h.,\c- an eqw-il miuibcr ol votes, then the houlV ol rcprcfcniatives ihall immcdiatclj chulc by ballul mic r,i"ihc:ii for prcfKtcn; ; and il nn pecfon have a majority, ihcti from the f:vc hi^Iiefl on the lilt the laid houfc ihaH in !;kr nur.: ;:: thoofc ilic pieUdent. iJut in cboolmg the ]>rcf:dem, the vo:;.^ Ihall Ik t.iken by Hates nnduorpri- capita, the reprcl'^ntation (roin each Rac.- having one vote. A c,i;i:i:!!i (or th's pmpole ihail ci 1 htl of a member or mcmbtrrs Ironi iwolhirdt of the (laic*, and a ir.„:.n;;y "f alt t'ic it.i-c- fh.-li be iic- celFaty to a ehcice. In every cafe, after the choice of the preiidcnt b y tL»-tt|i ii a« f »it>«t»fc. i!ic per- Inn luvinj; the Rrcatcft nuinber v.\ votes of the electors Oull he ilu- \ur \ u Hioutd remain two or luoic \\hyh3\c eijual vjtcs, ihc kiiatv ilu'II ch%"'- t!-.-: vioe-prcfidci.t, Ii»j^*-»v The Car.;ttcfs mav (i-t;;>f'(''0'* j]i£ t"'"' «"' chuf^ng the c!. .u.rs, and the lii tif i ni vii'irh li:ry r.i-ill Rive ihe.i voics'i biiTt'iU rjfruSa ihail be •» the fame »W.throuj;h« trel!' ie.n, cr l:-.::biit!y to V ice-jTt rulfiil.and .-! I! ;t Jiiy.bolh of Ijicl) cfiictr Ilic prciiJcr^t nrjll, 5t fl2;cci ttnu? nci'-licrbc cncrcalcd nor tiuriinilhcd dui.n}; tlic p^/U^/4<>'»'*"-ainl olll:r IliililianllhelyirfSrsrile- ; Tf :: .i\ ic.lu..r i:i?o; ;..;,.:!, ^i^^^<..^/«AeCi-4<-,'..l f!ii:ir 111 each (.1 i.'-t t\;iiuu.- •V.:< i f'h i l in' ' llm ii Ui i l ti i- i ' i ri i I 1^ i ' ' a f'^ each ol t rel'pecli\c r.l.icrs rr to ■^i.itit ripr.cvci. and paiJons lor (-Jcncc-. againrt the \} pr;id-.met.(.>- lie IluM l.uc power, by and with tlic advice and confent of the knaic vidcU two-thirds, ol the fenators piekiu concur; and he (hail nom'in.tti «:i: iiir. ot ll'.c pti::.;- nj; lo the (in:u-. <-\ ihor ■, and lie fhail have | viw- tstcs, except in cafes ol ini- ir.akc treaties, p:o- and by and with ilic ad- ni ainb.ifl'aihirs, cihcr pubhc minidcrs and ct i.inls. jui'j;- iiccrs ol the United .Statc>, whi'lc appointincnis aic i;"t '.ice at'.il conknt of [lie ftiiatc, fliall appi cs ol the liiprcinc conn, n^id ;iU other c iicrrin otl'.cvwilc providctl f.:r. The [irchJent ihall lia\c power to fill v.p all vacancies that m.-iy happen during the reccfs of :hc imafe, by j;i^«iKinj; oommiilions wluch fliall expire at the end of their next felhon. .SiiV. -.. lie tiiaillrnintinic to ti!i;e ^i\c to the (.;«'i'^rcl-. intorinaiion ol the ilaic pi I'le n:>ion, jind rccor.in-.cnti to their confulcraliun lucji nKMluic^ a* he fli.ill jiuhrc neccll-iiy ar.d e\pe-;iri;t : he liny, on e\tranrd!!!arv occahons, convene both limilts, or cither ct them, and in cafe ol dibi^rcc- nicnt b;-t>v<-cn tht;ii, with rcfpccl to the '.imt! ol iidioiiinment. he in ly adjourn them to huh iinic a-, he Iliail thiiik proper; he Ihall receipt- ambnllaJor* and other public nmiiller,'^: he l!>,ill t.■'.I^r care lliat the laws be (ailhfully cxrcun.d. and fliall coiiiini'.iion ail the ofliccis of the Unif-JSt.iK -. 6"u7.4.'Ihe j)reiident, viLr-prclidcnt ar.d all civil cliiccrs ot the United Staiei,iball be renuAcd fro;ti ofhcc on* iinpcachnicnt for, ami lonvii'^ion of trcal'oti, bribery, or othci hi^h criuics and lirilileniL-.m'jrs. III. .S".,7. I. Tl;e |-jdicial power of the United States, both in law aitd equity, fi.jU be vcftcd in one Mipicmc coiiit, .iiid in lucli mlciior courts ab the Con;;rcU may iiom i:nic to time otdjiti and rll.ibhlh. 'Ihc jndgtf, both of the fuprcmc and inferior courts, fliall held ilicir oflitrs duriii': ^ood behaviour, and Iliail, at Hated limes, receive for their terviccs, a compcnlation, which Ihall not be diniinilhed during their continuance in olFice. 6"<<7. 2. 'Ihe judicial power (hall e\tei;d to all cafe?, bfirfi In Jaw unt] equity, arifing under (his rtuni\ il st-rins lo mt\ iirr Iraiiurd to ihstras ij >iot to rimi .-/merira. . . . Tlir inundation ol niout-y appears to luivr ovrrflo-:rrd virtue. and I fear :cill hitrv the libertx oj Jmerica in the same ^^rave. . . . I\o-:t\ to i^et into office is another thiiii!, for t^ettiui^ into irealth on public funds itiid to the public infurY." "In choosing the executive officers of the i^overnment, intes^rity, abilitw and industry must be attended to, or :ce are inevitably ruined. . . . To me it appears of indispensable necessity that instructions be t^iven to your delci^ates in terms peremptory and express that they move Coiij^ress that the most immediate and effectual settlement be made oj all public ac- counts.'' He ileprecates the action ot the Assembly m issuint; another million pounds and is apprehensive of its ettect on other States. Ot mili- tar\' matters he writes: " // ('.f, / think, to he feared, that the enemies' late success in this State ■:rill encoura'^e other visits." He wishes that all stores and provisions mip;ht be further removed from the Ships ot War as they are a continual temptation, and suggests that moveable batteries in the form of "Cialhes" be provided, as "Forts on land -uill be avoided -ichen the foe is weak, and af:ca\'s fall :vhen they are stroni;,." He mentions also the coming of peace and, in connection with it. " Navii^ation oJ the Mississippi and our domestic fishery on the Banks o/ A e:rfou ndland." 85 MASON (GEORGE). Autograph Letter Signed, 5'j pp., folio. Gunston Hall [^ a.], Octor. 19th. 1782. To Edmund Randolph, Attorney General, Richmond. With addressed wrapper. Eacii piece preserved under silk gauze. 4 pieces. Very important letter, closeK' written, dealing with the question ot \'irginia's Western territory. He says: "/ quitted my S(-at m the House oj Delegates, from a conviction that I rra.f no Ioniser able to do any essential Service. Some of the public Measures have been so contrary to my Notions of policy and of J ustice, that J wished to be no longer concerned -with, or an- swerable for them, and to spend the Remnant of my Life in Quiet and Retire- ment. } et -:cith all her faults, my Country will ever have my ':carmest ':rishes and .-Jffections; and I would at any time, most cheerj ully, sacrifice my own Ease and domestic en/oyinent to the Public-Good: but tho' I look upon assert- ing the Right to our Jl'estern Territory, and thereby putting a Stop to the dan- Si i^i'roiis usurpations oj Con^f!,ri'SS, heforr they shall have ht't'U rstahlished into pri'ct'Jt'uts, to bt' a matter (if the utmost I m portamw I do not kno-:c that it is in my pouter to give the Committee any assistance." He recounts the information and evidence he had previously submitted, mentionmg "Col. Washington, uo-zc II is Excellency Ceneral Jl'ashington,'"' and ''the present Revolution," giving a very important historical sketch of the Western lands. Referring to the mutual guarantees to the States, he savs: "// was upon these express conditions that J'irginia acceded to the Articles of Confederation: the present attempt therefore to dismember Virginia, ivithout her Consent, is a flagrant Breach o] Public Faith, and if Carryed into E.xecution, dissolves the federal Compact. . . . Congress are properly the Delegates of the different States, -zrith certain pfr:rers defined. . . . They may in time proceed to fill up their o-:cn f'acancys, vote themselves members for life, and what not! . . . Posterity will refiect -with indignation, that this fatal Lust of Sovereignty which lost Creat Britain her western Jl orld . . . shou'd even during our contest against it, be revived among ourselves, and fos- tered by the very men who were appointed to oppose it." He continues to inge resistance, gn ing man\- uiterestmg argutnents on behalf of \ irginia's retention of all her lands, and counsellmg firmness in contending for the rights of the separate States. The historv of this dispute and the evidence it siiovvs ot the increasing weight of national opinion and necessity are of the utmost interest in that contentious, formative period. Virginia's claim to the Western lands had, since the outbreak of war, been questioned by the other States and she had only recently, as a compromise, offered to cede to the United States the territory above the Ohio. This Congress refused to accept, and it was over a year after the date of this letter and after a dispute into which much bit- terness was injected, that Virginia assented to the cession of all of her terri- tory excepting her present boundaries and those ot West Virginia and Kentucky. In return Virginia demanded — and it was accorded — that her soldiers in the Revolution he allowed certain parts ot the ceded lands. 86 [MASON (GEORGE).] George Mason, of Virginia. [By Judge Bland], taken trom Niles's "Principles and Acts ot the Revolution. " Fragment consisting ot pp. 1 21-128. 8 pp., 8vo, all preserved under silk gauze. [Baltimore, 1822.] 82 ORIGINAL UNPUBLISHED DIARY OF JAMES McHENRY IN THE CONSTITUTIONAL CONVEN TION MINIATURE OF WASHINGTON PAINTED BY WILLIAM BIRCH CONSIGNED FOR SALE BY MR. JOHN McHENRY OF BALTIMORE, MD. UNPUBLISHED MANUSCRIPT JOURNAL OF THE FED- ERAL CONSTITUTIONAL CONVENTION BY JAMES McHENRY, DELECATE FROM MARYLAND S7 Mc-HENR^' (JAMES, St-cretar> on tin- Staff of Ckneral Washington, and second Secretary of War). Original Manuscript Diary or Journal kept during his attendance at the Federal Constitutional Convention, from Ma\ 25, the opening, to September iS, the closmg, day. About 7> pages, S\(>, HI contemporary undressed calt. I7l~!7. James McHenr\-, delegate from Maryland, tot)k an active part m the formation of the Constitution. He labored hard and successfull\' m his own State to brmg about its ratification, notwithstanding the poweitul opposition of Luther Martin and Samuel Chase. This [ournal gives a remarkablv clear account of the deliberations of the Federal Convention. McHenry took his seat on the opening da\ ot the session and, realizing the importance and historic \alue of the forth- coming proceedings, kept this record from da\ to da\ . 1 he first entr\' is dated Philadelphia, 14 May, 17S7. Nothing of importance took place, howeN'er, until the 25th when, as stated m the Journal, "seven States being represented, \iz. : New ^'ork. New Jersey, PennsyKama, Delaware, \ ir- ginia. North Carolina, and South Carolina. Ge(jrge \\ ashington was unam- mouslv elected President ot the Convention." A committee was then appointed to prepare and report rules tor conducting business. Phis detail being satisfactorily arranged, Co\ernor Edmund Randoljih of Virginia opened the business ot the Con\ention. He proceeded to outline the objections to the "Articles ot Confederation," the made(]uacv of which called forth this meeting. Randolph's speech is given in full, in addition to the resolutions he ottered as a basis or working plan tor the Constitution. These resolutions were fifteen in number and bore the distinction ot being the first plan to be offered for the closer and firmer welding of a Union which had been lapidU drifting towards dissolution. After Mr. Ran- dolph's address and resolutions, the L"on\ention resolved itselt into a committee ot the whole "to take into consideration the state ot the Amer- ican Union." On Ma\ 30th began the true battle between the partisans of State rights and the group which fa\ored strong centralized power and after- ward became known as the "Federalists. " B\ this time ten States were represented in the Convention, and Randolph's resolutions were taken up in order. The isr, 2nd, and 3rd resolutions were briefly discussed and apparentK left in abevance, their fate depending on that of the 5th, on which the\ indirectK' hinged. 1 his resolution, which provided that the second branch of the legislature be elected by the first, out of a number of persons nominated by State legislatures, was negatived. Other details are entered until June 1st, when a note reads: ''Reed, an express from home that »i\ brother lav dangerously siek in eonsequenee of :chich I set out imme- diately for Baltimore." McHenrv was back in his seat on August 4th, having left Baltimore on the 2nd. It might be said that at this time began the real formative period in earnest. The first entry after his return, dated the 4th, is ot great interest and importance. It reveals, probably tor the first time, the name of the printer of the first draft of the Constitution, which was known to have been printed in great secrecy. The entry reads: "Returned to Fhilada. The Committee of Constitution ready to report. Their report in the hands of Dunlap the printer to strike off copies for the members." The final draft, which was sent to Congress for ratification, bears the name of the printers " Dunlap and Claypoole," but the first and second drafts, described elsewhere in this catalogue, bore no indication whatever of the printer. On August 6th the Convention adjourned till the following day to give the members an opportunity to consider the report. Mr. McHenry sug- gested a meeting with Messrs. Carroll, Jenifer, Mercer, and Martin, of the Maryland delegation, to confer on the report and to prepare to act in uni- son. This stormv conference took place at Mr. Carroll's lodgings and, finding that thev could come to no conclusion, another meeting was de- cided upon for the next evening. As the author writes, "Unless zve could appear in unison in the Convention with some degree oj unanimity it would be unnecessary to remain in it, sacrificing time c5 money without being able to render any service." Here occurs an interesting note describing an inci- dent of that meeting. "/ sazv Mr. Mercer make out a list of members' names who had attended or were attending in Convention with 'for' and 'against' marked opposite most (jf them — asked carelessly what question occasioned his being so particular, upon which he told me laughingly that it was no question but that those marked with a 'for' were for a King. I then asked him how he knew that, to which he said 'no matter, the thing is so,'" etc. In order to fix the opinions of his colleagues, McHenry drew up four propo- sitions on the most consequential articles, to lay before them at their meeting on the following evening. The propositions are given here in full. The Diary then proceeds with the business of the Convention on the 7th. The discussion then centered on the right of suffrage. Gouverneur Morris held that to give that right to all freemen the government would undoubtedly become an aristocracy, as it would put it in the power of men whose business created numerous dependents. Dr. PTanklin also spoke on the subject: "//t' ob- 86 I iT> I Lf-c-yiit crn . li-fj.. ^f-Li). lfC^JA. !^^-<^ Ac'-yn-cy ^ /}./ 1 i-t C--U ^-U-A-l L^ii. 6^^Ai^a,<.a_ '\ ^ f / ■ * • '^/5,iw^^ ^^ /,--^^-u<,£-l^Y cr S7] .UTVt'd that ill tinir of icar a countr\ ozccd much to thr lower class of citizens. Our late ■:rar zras an instance of what thev could suffer and perform. If denied the right of suffra^^e it would debase their spirit and detach them from the interest of the countrv. One thousand of our seamen were confined in English prisons — had bribes offered them to go on board English vessels which they rejected.'" On the evening of that day the meetings in Mr. Carroll's lodg- ings were resumed, Mr. Martin being absent. After discussion ot the propositions offered by McHenry and of the propriety of the articles of Constitution as they respected Maryland, they finally agreed to act in concert in the Coinention. 1 he proceedings of the Convention are then resumed. I he disposition of the \arious articles follows. When the discussion becomes long and opinions strongly clash McHenry gives an outline of the speeches ot the various advocates. One of the points which came up on August (;th tor e.xtended debate was the term of residence in the country necessary to make eligible a candidate for the Legislature. .Morris, Mason, Madison, and Franklin spoke at length and with warmth on this matter. l*n>m then on matters progressed rapidK although not without debate ot every view- point and angle. By September 1st the system was in shape to reter to a grand committee. They worked diligentlx and made some ot the most inportant revisions that had thus far been thought ot. One ot the prin- cipal of these was the plan for the election of the President, which is that of today. On September Sth the whole report was agreed to, and vMth some amendments was referred to the Committee ot Detail. ( )n Septem- ber nth the second printed report was received. I his was read, discussed, and a few further changes made, and on the i ^th, was ordered engrossed and 500 copies struck. On the 17th the final Constitution was delivered and the delegates proceeded to sign it, Mr. Randolph, Mr. Mason, and Mr. Gerry being the onl\ members present who withheld their names. On the page directiv preceding this entry the author gives his reasons for signing the Constitution. Although opposed to man\- parts ot the system, he recognized in it the only remed\ at hand tor the inconveniences which the Union was then laboring under. He also trankly adnnts that his own judgment might be at fault in too strongly opposing the points with which he disagreed. This statement is signed and dated, Phila. lyrh Sept., 17S7, the Hnal day of the Convention. On this da\ Dr. tranklin also made an address in which he gave his reasons tor signing, as described here, "It ^ras plain, insinuating, persuasi-ee- -and m any event of the sys- tem, guarded the Doctor's fame." The next da\' the gentlemen of the Comention dined together at the Citv Tavern. ( )n rlu'si- final paiics arc ijufn two inreresrin<; ant-cciott'S aprojios of the C\)n\fnf ion .nul the riL'sult ot tlu-ir laliors. "./ lady iiskrd Dr. I'ltuikli)!, 'Hell., Doctor, what hazY zcr <^()t, a republic or a nio/uircliYf' ' './ rrpuhlic,' replied the Doctor, 'if you can keep it';" and "Mr. Martin .uiid one day in company zrith Mr. Jenifer, .\peaki)ii[ o/ //;,• .iysteni hefore (Convention, 'I'll he handled il ever the [people of .Maryland at^ree to it.' '/ advise you,' .uiid Mr. Jenifer, 'to .day in Philadel phia le.