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Lot 155: Abraham Lincoln 1863 ALS: Only Months after Issuing the Emancipation Proclamation Allowing Freed Slaves to Enlist, Lincoln Recommends Rev. John Eaton, Jr. to the Freedmen's Inquiry Commission; Eaton Had Successfully Overseen 30,000 Freedmen in Grant's Department of the Tennessee
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University Archives
August 22, 2018
Wilton, CT, US
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Abraham Lincoln 1863 ALS: only months after issuing the Emancipation Proclamation allowing freed slaves to enlist, Lincoln recommends Rev. John Eaton, Jr. to the Freedmen’s Inquiry Commission; Eaton had successfully overseen 30,000 freedmen in Grant's Department of the Tennessee
1p ALS inscribed overall and signed by 16th U.S. President Abraham Lincoln (1809-1865) as "A. Lincoln" at lower right. Written in Washington, D.C. on July 22, 1863, just two weeks after the decisive Union victory at the Battle of Gettysburg. Addressed to Freedmen's Inquiry Commissioner Robert Dale Owen (1801-1877). On cream bifold stationery printed with "Executive Mansion, Washington, 186--" letterhead. The remaining pages are blank with the last page is affixed to a cream board. Possibly paper clip impression at top, else near fine. Originally accompanied by a free franked transmittal panel. Each page of the ALS measures 5" x 8. Not published in Basler.
"Executive Mansion,
Washington, July 22, 1863.
Hon. R. D. Owen.
My dear Sir
This will introduce to you and Mr McKay, Mr John Eaton Jr. the gentleman of whom we spoke yesterday, as having had charge of the freed-men in Gen. Grant’s Department. He comes to me highly recommended by Gen. Grant, as you know, & also by Judge Swayne of the U.S. Supreme Court. He takes with him, as suggested yesterday, his report, from which, as then said, I shall be glad to have a comprehensive abstract.
Yours very truly
A. Lincoln."
On September 22, 1862, President Lincoln had issued a warning to the Confederacy: if the 11 states in open rebellion did not rejoin the Union within the next 100 days, the United States government would manumit all enslaved persons within its territories. On January 1, 1863, the terms of the Emancipation Proclamation went into effect, liberating approximately 3.5 million slaves throughout Tennessee, Virginia, North Carolina, South Carolina, Georgia, Alabama, Louisiana, Mississippi, Arkansas, Texas, and Florida. In the Proclamation, Lincoln also urged new freedmen to join the Union war effort: "And I further declare and make known, that such persons of suitable condition, will be received into the armed service of the United Sates to garrison forts, positions, stations, and other places, and to man vessels of all sorts in said service."
Military and government officials soon realized that freedmen needed assistance transitioning from bondage to freedom. Agents were dispatched to report on current conditions, and their findings informed future policies. General Ulysses S. Grant appointed Chaplain John Eaton Jr. of the 27th Ohio Volunteer Infantry to serve as general superintendent of freedmen in the Department of the Tennessee after November 1862. Following the Emancipation Proclamation, Secretary of War Edwin M. Stanton created the Freedmen’s Inquiry Commission to evaluate how freedmen were faring.
Eaton compiled a 57pp report on the status of the freedmen in Grant’s Department in February 1863, after reaching out to subordinates throughout the Mississippi River Valley. Eaton proudly acknowledged the freedmen's tremendous contribution to the military. He lobbied for local supervision of contractual labor arrangements, and recommended providing educational and religious instruction to recently freed slaves.
According to Eaton, the report showed "very clearly the results of the abuses heaped upon American slaves, their present social, intellectual and moral condition, their skill at labor, their aptitudes, and suggest inferences of the utmost consequence, in reference to their Management.” Military supervision of their transition from slavery to freedom would be necessary to meet “every exigency arising in the affairs of these freed people, whether physical, social or educational, so far as is possible and is accordant with the genius of our free institutions, and the spirit of American Christian civilization.”
In March 1863, a larger-scale investigation than Eaton's was launched by Secretary of War Edwin M. Stanton, who had tasked Robert Dale Owen, of Indiana, Col. James McKaye, of New York, and Dr. Samuel Gridley Howe of Massachusetts to “inquire into and ascertain the actual (physical, mental, and moral) condition of such persons of African descent, as by the Acts of Congress, or the President’s proclamation have been emancipated.” The Freedmen’s Inquiry Commission, as it was called, was tasked “to report such a system of measures as will...enable them to support and defend themselves as freedmen, and to elevate them in the scale of human beings. Also in what way they may be most usefully employed in the service of the Government of the United States for the suppression of the rebellion.” The commissioners traveled throughout the South interviewing former slaves and Union field commanders.
On June 11, 1863, Grant wrote to President Lincoln forwarding Eaton’s report: “Finding that negroes were coming into our lines in great numbers, I determined to appoint a General Superintendent over the whole subject….Mr. Eatons labors in his undertaking have been unremitting and skillful...That he has been of very great service to the blacks in having them provided for when otherwise they would have been neglected, and to the Government in finding employment for the negro…the accompanying report will show.”
In turn, on June 30, 1863, the Commission issued its 13,000-word preliminary report to Secretary of War Stanton, featuring sections on “Negroes as Refugees,” “Negroes as Military Laborers,” and “Negroes as Soldiers.” The commissioners admitted their work was not yet sufficient to suggest “a definite system for the ultimate solution of one of the gravest social problems ever presented to a Government,” but recognized that the Federal government would play a major role. They also observed that Lincoln “would probably be surprised to learn with what reverence, bordering on superstition, he is regarded by these poor people.”
Eaton wrote to Lincoln on July 18, 1863 from the National Hotel in Washington, D.C. “In view of the increasing demand for some general provision for these freedmen—about 30,000 being now under my supervision—it was deemed expedient by Genl Grant that I should take this statement to you & be at hand to give any further information you might require. Should you wish it, I could, perhaps save your time by selecting & reading to you such parts of the statement as bear most directly upon the general action proposed.”
Three days later, Eaton met Lincoln: “Armed with the letter from General Grant and with my report, I presented myself at the White House. There was no delay, no obstructive formality. The messenger took my letter at once to the President and promptly ushered me into Mr. Lincoln’s apartment. My call was so timed that the multitude of visitors as well as the clerks—‘the boys,’ as Mr. Lincoln called them—were gone for the day, and the President was sitting by his office desk alone. His cordial manner put me at once at my ease. There was not the slightest affectation, nor assumption of superiority. We talked with the utmost freedom, but I found myself subjected to the keenest investigation that it has ever been my experience to undergo.” Eaton left his report, returning the next morning. Lincoln, clearly satisfied, next sent Eaton, armed with this letter, to meet with the American Freedmen’s Inquiry Commission.
Eaton, as directed by Lincoln, went to New York and reported to the Commission as it was beginning to prepare its own final report. Eaton recalled, “after carefully considering the facts… and questioning me personally, they concluded that our experience in the Valley was a very valuable contribution to solving the problem of how the freedmen should be treated.” In response to Lincoln’s request in our letter to Owen, on August 5, 1863, Owen sent the President a 29pp abstract of Eaton’s report. (See Appendix for the abstract.)
On August 27, 1863, Eaton wrote from Vicksburg to Robert Dale Owen, telling him he had read the Commission’s preliminary report in the New York Evening Post “with great satisfaction.” He gave a pamphlet copy to Generals Grant and George Thomas “as we came down on the boat together from Memphis,” and they declared it to be “very sensible and useful.” Eaton asked Owen for a half dozen more copies. He also reported that the numbers of refugee freedmen had increased, their sufferings “have been great,” and deaths among them had been “numerous.” Some of his assistant superintendents had also died, and others were sick. Nevertheless, Eaton remained hopeful and was committed to “try what can be done.”
In September 1863, the Freedmen’s Inquiry Commission asked Eaton for an update. Eaton responded from Vicksburg, although “just now we are so overwhelmed with organization and the first works necessary to save health and life.” He promised to answer as soon as possible.
On March 1, 1864, a bill passed the U.S. House of Representatives for the establishment within the War Department of a bureau for the control of freedmen’s affairs. The Freedmen’s Inquiry Commission’s final report, issued just over ten weeks later, which Secretary Stanton submitted to Congress, also supported the creation of such a bureau. When referred to the Senate, Charles Sumner as the chair of the Committee on Slavery and Freedom altered the bill to place the proposed bureau in the Treasury Department. As a conference committee tried to bridge the differences between the House and Senate in early 1865, John Eaton again traveled to Washington. After the Senate did not accept a compromise version making the bureau independent and reporting directly to the president, another conference committee debated it again. In the end Congress pass An Act to establish a Bureau for the Relief of Freedmen and Refugees near the end of the session, and Lincoln signed it into law on March 3, 1865.
On May 15, 1864, the Freedmen’s Inquiry Commission issued its 50,000-word final report to Secretary of War Stanton. Arranged in three chapters on “Slavery,” “Emancipation,” and “The Future in the United States of the African Race,” the commission summarized their findings. Supplementary reports offered detailed observations from the lower Mississippi River Valley and of freedmen living in Canada West. They recommended to: “Offer the freedmen temporary aid and counsel until they become a little accustomed to their new sphere of life; secure to them, by law, their just rights of person and property; relieve them, by a fair and equal administration of justice, from the depressing influence of disgraceful prejudice; above all, guard them against the virtual restoration of slavery in any form, under any pretext, and then let them take care of themselves.”
On August 12, 1864, Lincoln gave Eaton two missions. First, to report to Secretary of War Stanton on the freedmen in the Mississippi River Valley. Second, to visit his old commander General Grant at City Point, Virginia, to learn what Grant thought of efforts to nominate him for the Presidency. The Republicans had already re-nominated Lincoln as the candidate of the “National Union Party” with Andrew Johnson as his new running mate, while the Democrats had nominated General George B. McClellan. Some pressed for Grant as a compromise candidate to save the Union. When Eaton asked Grant if supporters could convince him to become a candidate, Grant’s response was emphatic, “They can’t do it! They can’t compel me to do it!” When Eaton reported this to Lincoln a few days later, “the President fairly glowed with satisfaction.”
During his visit to Washington in early 1865, Eaton again met with President Lincoln several times. On January 16, 1865, Lincoln gave Eaton a pass to General Grant’s headquarters in Virginia. In February, Eaton drafted an order summarizing Lincoln’s verbal instructions: “Col. Eaton, You will continue your supervision of the Freedmen over the same territory and on the same principles as in the past, make such improvements as experience may suggest, until legislation shall require some further change.” Lincoln signed it and dated it February 10, 1865.
Robert Dale Owen's abstract of Eaton's report makes for fascinating reading. Highlights of the abstract are provided below, and illustrate the true condition of black freedmen in the South during the waning days of the Civil War. (See very bottom for fuller transcript.)
Once they were freed, "The negroes were flocking in and swarming confusedly around the military post…Some of these had, in various ways, gone back to slavery; others had found Northern homes…They usually came within our lines wretchedly clad, some having hardly enough to cover their nakedness, a few, however, had borrowed good clothing of their masters, for their journey… [Some freedmen brought property with them, but Much of this property however was taken from them by officers and soldiers who appropriated it to their private use; the rest was turned over to the Quarter-master…"
Freedmen were not accustomed to certain civil liberties: "Neither they nor their fathers had been allowed to marry, “as white folks do.” They understood that the main object of their masters in bringing the sexes together was to have them beget children; therefore they argued they might promote that object out of, as well as in, marriage bonds…"
Fair treatment of the recently manumitted slaves and their families at the hands of Union troops was by no means guaranteed: "Where they were gathered in Camps, located near our forces, they seem to have suffered a good deal of brutal treatment at the hands of the soldiers; especially at first, when white guards alone were employed. When removed from the vicinity of the army, and especially since colored guards have been employed, the evils have lessened…Too often however, the soldiers and lower officers, have shown their contempt for the works of mercy; and have treated the colored people most brutally. This of course encouraged vicious and disloyal citizens to follow the bent of their prejudices and passions, and to heap upon the poor refugees indignities and cruelties of the most abominable kind…It seems by the report from the various posts that most of these people were supposed to have merely exchanged masters; and were expected as a matter of course to be hewers of wood and drawers of water for the United States without pay and even without clothing…They seem to have left their homes reluctantly, and only to gain freedom; for they all manifest strong local attachment; they wish to return to their homes if they can go there as free men; and never wish to go Northward, unless urged by fears of being re-enslaved…They seem to have left their homes reluctantly, and only to gain freedom; for they all manifest strong local attachment; they wish to return to their homes if they can go there as free men; and never wish to go Northward, unless urged by fears of being re-enslaved…"
Ultimately, there was consensus that freedmen had the greatest stake in the Civil War, fighting those who had enslaved them: "The policy of Arming the Refugees…Is urged by all the Superintendents. One says: “I believe in giving them their freedom by their swords. Policy and humanity say, Arm the negro. History affords all the necessary precedents for liberating slaves and arming them as soldiers, to fight in defense of their county. Blacks fought in the Revolutionary struggle, and in the War of 1812. Let them fight in the war for their own liberty.”…Moreover their labor, while its loss cripples the rebellion, aids our cause in various ways…That it is morally certain that the Exodus from Slavery will largely increase. In his words: “Should the knowledge of the Proclamation continue to increase and general destitution prevail in the rebellious districts, what may we not expect?"
John Eaton Jr. (1829-1906), the subject of this letter, was born in New Hampshire and graduated from Dartmouth College in 1854. He studied at Andover Theological Seminary and was ordained as a Presbyterian minister in 1862. In August 1861, he entered the Civil War as a chaplain for the 27th Ohio Volunteer Infantry. In 1862, Ulysses S. Grant asked Eaton to supervise freedmen at all posts from Cairo, Illinois to Natchez, Mississippi and Fort Smith, Arkansas. On October 10, 1863, Eaton received a commission as colonel of the 63rd U.S. Colored Infantry, which served in various garrison posts in Mississippi. Grant appointed Eaton as Superintendent of Negro Affairs for the Department of the Tennessee, where Eaton supervised the creation of 74 schools for African Americans. He worked with the Freedmen’s Bureau from March to December 1865, then edited a Memphis newspaper before serving as Tennessee’s state superintendent of schools from 1867 to 1869. In 1870, President Grant appointed him as U.S. Commissioner of Education, a position he held until 1886. He later served as president of colleges in Ohio, Alaska, and Utah.
Robert Dale Owen, the recipient of this letter, was born in Glasgow, Scotland, and immigrated when his father, Robert Owen, established the socialistic utopian community of New Harmony, Indiana in 1825. A Democrat, Owen served in Indiana and then in the U.S. House of Representatives (1843-1847), where he sponsored the bill that established the Smithsonian Institution. He was a delegate to the 1850 Indiana Constitutional Convention. During the Civil War, he served as a member of the Ordnance Commission and the Freedman’s Inquiry Commission. In 1862, he published open letters to Abraham Lincoln and Secretary of the Treasury Salmon P. Chase, urging them to support emancipation. In 1863, Owen wrote a pamphlet entitled Emancipation Is Peace, recognizing it as a means to end the war. In 1864, he published a report entitled The Wrong of Slavery, the Right of Emancipation, and the Future of the African Race, in which he advocated governmental assistance to the freedmen.
James M. McKaye (1805-1888) was born in New York and attended a military academy in Connecticut, where he also taught mathematics. Returning to Buffalo, he opened his own military academy. During the Patriot War of 1837-1838, McKaye commanded the Buffalo City Guards militia. He joined Millard Fillmore's law office before opening his own law practice. Becoming active in new businesses, he helped create and manage the American Express Company, Wells Fargo & Company, and the American Telegraph Company, of which he was president until it merged with Western Union. In June 1862, he published a pamphlet entitled Of the Birth and Death of Nations: A Thought for the Crisis, which advocated abolition. McKaye served as a member of the American Freedmen’s Inquiry Commission. In 1864, McKaye issued a supplementary report to Secretary of War Stanton entitled The Mastership and Its Fruits: The Emancipated Slave Face to Face with His Old Master, in which he called for a constitutional amendment abolishing slavery and urged Congress to guarantee the freedmen’s civil and voting rights.
Appendix
Freedmen’s Inquiry Commission Abstract of John Eaton’s Report, August 1863
Abstract of the Report of Mr. John Eaton, Freedmen’s Superintendent for Tennessee.
—————————
Prepared, for the President, by the American Freedmen’s Inquiry Commission.
Abstract of Mr. John Eaton’s Report.
—————————
He was appointed by the General commanding in the Department of Tennessee to assume general supervision of the Freedmen Dec. 17. 1862. He states forcibly the difficulties of his new and untried field; and acknowledges the considerate attention and support ever given to him by the General commanding. The negroes were flocking in and swarming confusedly around the military post. The first thing was to gather and tabulate the statistics of their number & condition.
Statistics.
There were, or had been, over twenty-two thousand colored refugees under the care or observation of the various Superintendents at Corinth, Grand Junction, Memphis, La Grange, Providence La. Cairo Ill. Jackson Tenn., and Columbus Ky. Some of these had, in various ways, gone back to slavery; others had found Northern homes. General statistics were gathered concerning 6747 persons at Corinth, Grand Junction and Memphis. Of these 1372 were men, 2224 women, and 1372 children. About half of these were Africans; the rest of mixed blood. About a hundred were mechanics; about a thousand cooks or laundresses. Nearly two hundred could read, and about forty read and write.
Clothing.
They usually came within our lines wretchedly clad, some having hardly enough to cover their nakedness, a few, however, had borrowed good clothing of their masters, for their journey. They were generally soon made comfortable in this respect by supplies from the Government, and by gifts from the North.
Shelter.
They were sheltered in tents, in barracks or in old or deserted houses; but in many cases, men made cabins for themselves.
Rations.
In most cases soldiers rations were issued to them as soon as they came; at some places however not until later. The rations seem to have generally been sufficient and satisfactory.
Property brought with them.
They brought in with them horses, oxen, mules, wagons, yokes, chains &c, besides some cotton; of which they had “spoiled the Egyptians.” Much of this property however was taken from them by officers and soldiers who appropriated it to their private use; the rest was turned over to the Quarter-master. So generally were they rewarded for having spoiled their and our enemies, by being spoiled in return, that it is noted as a remarkable fact, that they were righteously allowed at La Grange, to sell two ox-teams for their own benefit.
Hospital Arrangements.
Many fell sick; and in most cases, they seem to have been, all things considered, well provided for in hospitals, and to have been kindly treated. It is reported however that at Memphis, there was shameful neglect and mismanagement on the part of surgeons and officials.
Treatment by Officers & Others.
Where they were gathered in Camps, located near our forces, they seem to have suffered a good deal of brutal treatment at the hands of the soldiers; especially at first, when white guards alone were employed. When removed from the vicinity of the army, and especially since colored guards have been employed, the evils have lessened. The Superintendent generally reports that they have had assistance and encouragement in their work of beneficence from the superior officers and U. S. Officials. Too often however, the soldiers and lower officers, have shown their contempt for the works of mercy; and have treated the colored people most brutally. This of course encouraged vicious and disloyal citizens to follow the bent of their prejudices and passions, and to heap upon the poor refugees indignities and cruelties of the most abominable kind.
Labor and Service.
It seems by the report from the various posts that most of these people were supposed to have merely exchanged masters; and were expected as a matter of course to be hewers of wood and drawers of water for the United States without pay and even without clothing. To a question upon this matter the following replies were given: Corinth "All men except the infirm, and few for camp were employed. All women, saving those having large families, or small children;—generally reported industrious and faithful, when well-treated. Many have worked from 2 to 12 months, and never received a cent, or a rag, yet, as reward, alike as private servants, and Government employees." Cairo "Many employed in Quarter Master Department & Post-Hospitals. Cannot give definite numbers." Gnd Junction “All the men, but feeble, employed by Government, or individuals, or in camp; -- have cut wood and lumber -- handled goods, erected defenses. One hundred and fifty went to Vicksburg, -- many in Q. M. and Commissary Departments. Women & children pick cotton for Government & for private individuals." Holly Springs and Memphis. “A large amount for each." Memphis. “Average able-bodied men for the month eighty-five. Erecting cabins -- preparing camp -- many have been turned over to different Departments, sometimes most grossly abused; as for instance, some worked all day in water, drenched, nearly frozen, and then driven to tents for shelter, to sheds for sleep without covering and almost without fire and food. They have come back to die by scores. Wages seldom paid -- none in Hospitals. The services of a large number have been stolen out-right." Bolivar “None employed by individuals; many for Government; building fortifications; cutting wood, rolling logs, running saw mills, and in Q. M. Dp’ts. and Hospitals no general system of pay." Providence "Digging canal—picking cotton."
Assistants.
There is no mention of any lack of assistants. Besides those regularly employed some have volunteered and done good service.
Instruction.
There seems to have been no regular provision for instructions. Some good Samaritans volunteered to teach on Sunday, and at other times; and there were, at some posts, schools kept regularly for a few weeks. Mention is made of preparations to build school-houses.
Motives for coming into our lines.
All the testimony goes to show that the slaves had almost universally a strong desire to be free, and a vague idea that fleeing to the enemies of their masters would make them free. The immediate cause of their running away, was, in a great many cases, a fear of being baulked of freedom by being sold “down South.” Many alledge cruel treatment as the cause. They seldom however manifest any desire of revenge upon their masters.
Some had a clear and precise idea that the war was to bring emancipation, and acted upon that idea.
They seem to have left their homes reluctantly, and only to gain freedom; for they all manifest strong local attachment; they wish to return to their homes if they can go there as free men; and never wish to go Northward, unless urged by fears of being re-enslaved.
The fact that, although free, they are obliged to work does not appear to have surprised them, or to have made them repent their flight.
Of their intelligence.
Most of the Superintendents say they were agreeably surprised at the degree of intelligence shown by the refugees. They seem to have a concealed stock of ideas and knowledge, and to draw upon it in case of need. Many who usually seemed stupid, and were held to be nearly idiotic, showed great ingenuity in shirking what they deemed overtasks; and they became bright and clever when it came to contriving means for escaping from b ... for full description contact University Archives
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Title to any lot remains with Consignor, any secured party of the Consignor, or assignee of Consignor, as the case may be, until the lot is paid for in full by Bidder. University Archives reserves the right to require payment in full before delivering any lot to the successful Bidder.
It is the Bidder's responsibility and obligation to have the lots fully insured while in their possession. Bidder assumes any and all RISK OF LOSS once the lot(s) is in Bidder's possession.
Bidder grants to University Archives or its assigns the right to offset any sums due, or found to be due by University Archives, and to make such offset from any past, subsequent or future consignment, or items acquired by Bidder in possession or control of University Archives or from any sums due to Bidder by University Archives. Bidder further grants University Archives a purchase money security interest in such sums or items to the extent applicable, and agrees to execute such documents as may be reasonably necessary to grant University Archives such security interest. Bidder agrees that University Archives and its assigns shall be a secured party with respect to items bought by Bidder and in the possession of University Archives, to the extent of the maximum indebtedness, plus all accrued expenses, until the indebtedness is paid.
By bidding in this sale, Bidder personally and unconditionally guarantees payment.
In the event of a successful challenge to the title to any goods purchased pursuant to these Conditions of Sale and the exclusive remedies provided herein, University Archives agrees to reimburse any Bidder in an amount equal to the successful bid price actually paid by Bidder at auction plus any Buyer's Premium actually paid, in full and complete satisfaction of all claims, which once tendered by University Archives, relieves and releases University Archives from any responsibility whatsoever to the Bidder, even if the instrument is not cashed or is returned.
Because invaluble.com acts only as an agent, all bids submitted directly to the house are always given preference in the event of a tie. Absentee bids submitted via internet bidding services (e.g. invaluable.com) are not known to the auctioneer until the lot is opened on the day of the Auction.
In all Auctions, bids on an item must raise the current high bid according to University Archives bidding increments specified under Auction Terms, on a per-Auction basis. Bids will be accepted in whole dollar amounts only. No "buy" or "unlimited" bids will be accepted. In a live sale, bids on an item can change at the discretion of University Archives.
University Archives will record the paddle number of the Bidder. If Bidder's absentee bid is successful, Bidder will be notified after the sale by mailed or emailed invoice.
University Archives reserves the right to accept or decline any bid. Bids must be for an entire lot and each lot constitutes a separate sale. All bids are per lot unless otherwise announced. Live auction lots will be sold in their numbered sequence unless University Archives directs otherwise. It is unlawful and illegal for Bidders to collude, pool, or agree with another Bidder to pay less than the fair value for lot(s). For live auctions, University Archives will have final discretion in the event that any dispute should arise between Bidders. University Archives will determine the successful Bidder, cancel the sale, or re-offer and resell the lot or lots in dispute. University Archives will have final discretion to resolve any disputes arising after the online auction. If any dispute arises, University Archives' sale record is conclusive.
University Archives shall determine opening bids and bidding increments. University Archives has the right in its absolute discretion to reject any bid in the event of dispute between Bidders or if University Archives has doubt as to the validity of any bid, to advance the bidding at its absolute discretion and to determine the successful Bidder in the event of a dispute between Bidders, to continue the bidding or to reoffer and resell the lot in question. In the event of a dispute after the sale, University Archives' record of final sale shall be conclusive. University Archives also may reject any bid if University Archives decides either that any bid is below the reserve of the lot or article or that an advance is insufficient. Unless otherwise announced by University Archives at the time of sale, no lots may be divided for the purpose of sale.
Bidder may open, monitor, and/or raise bids at any time before the close of a lot through www.invaluable.com or www.universityarchives.com. To ensure proper registration, those Bidders intending to bid via the Internet must visit www.invaluable.com and register accordingly at least one full day prior to the actual auction. Winning bidders will be notified by University Archives. University Archives is not responsible or liable for any problems, delays, or any other issues or problems resulting out of use of the Internet generally or specifically, including but not limited to transmission, execution or processing of bids.
Property is auctioned in consecutive numerical order, as it appears in the online auction catalog. The auctioneer will accept bids from absentee bidders participating by internet or by written bid left with University Archives in advance of the auction. The auctioneer may also execute a bid on behalf of the consignor, the owner, or the house to protect the reserve, by entering a bid in response to absentee bids. Under no circumstances will the auctioneer place any bid on behalf of the consignor above the reserve which is never above the low estimate. The auctioneer will not specifically identify bids placed on behalf of the consignor to protect the reserve.
University Archives is not responsible or liable for any problems, delays, or any other issues or problems resulting out of use of the Internet generally or specifically, including but not limited to transmission, execution or processing of bids.
To maximize Bidder's chance of winning, University Archives strongly encourages the use of maximum bids. University Archives will then bid for Bidder until the lot reaches Bidder's specified maximum. Maximum bids are strictly confidential.
Absentee bidding (advance written bids submitted prior to start of the auction) are offered solely as a convenience and permitted only prior to the start of the online auction, with University Archives' approval which shall be exercised at University Archives' sole discretion. Neither University Archives nor its agents or employees shall be held liable for the failure to execute bids or for errors relating to any transmission or execution thereof. In order to be considered for advance bidding in any manner, Bidders must comply with all of these Conditions of Sale and the terms contained on the Registration Form.
Buyer's Premium. The Bidder acknowledges and agrees that a total of a 25% Buyer's premium (we charge 20% and Invaluable, eBay and AuctionZip charge an additional 5%) will be added to the hammer price on all individual lots sold in live Auctions (the "Buyer's Live Premium"). Delivery of purchased items will not be made unless and until full payment has been received by University Archives, i.e., Paypal, check or credit card funds have fully cleared. Unless otherwise agreed in writing, signed by University Archives, payment in full is due within seven (7) calendar days of the invoice date. University Archives is required to charge the appropriate sales tax for items won if you reside in the following states: (CT, CA) unless the purchaser possesses a sales tax exemption number. University Archives' Buyer's Premium does not include any fees assessed by third-party internet bidding platforms. Please refer to the internet bidding platform's terms and conditions for any additional premium charged.
Payment. Subject to fulfillment of all of the Conditions of Sale set forth herein, upon the sooner of (1) the passing of title to the offered lot pursuant to these Conditions of Sale, or (2) possession of the offered lot by the Bidder, Bidder thereupon (a) assumes full risk and responsibility (including without limitation, liability for or damage to frames or glass covering prints, paintings, photos, or other works), and (b) will immediately pay the full purchase price or such part as University Archives may require.
Payment is due upon presentment of an invoice, following the end of auction. University Archives reserves the right to void an invoice if payment in full is not received within seven (7) calendar days of the of the invoice date. In cases of nonpayment, University Archives' election to void a sale does not relieve the Bidder from their obligation to pay University Archives its fees (seller's and Buyer's Premium) on the lot and any other damages pertaining to the lot.
We accept credit cards for payment for any winning online bidders at all sales. We require credit card information to bid. If payment is not made within 7 calendar days of the date of the invoice, we will charge the buyer's credit card on file on the 8th calendar day.
All payments for sales are strictly in U.S. dollars via Paypal, credit cards, personal checks, cashier checks, bank money orders and wire transfers, and are subject to all reporting requirements.
All deliveries are subject to good funds; funds being received in University Archives' account before delivery of the Purchases; and all payments are subject to a clearing period. University Archives reserves the right to determine if a check constitutes "good funds": checks drawn on a U.S. bank are subject to a ten (10) calendar day hold, and ten (10) business days when drawn on an international bank.
In the event that a Bidder's payment is dishonored upon presentment(s), Bidder shall pay the maximum statutory processing fee set by applicable state law. If Bidder attempts to pay via check and the financial institution denies the transfer from Bidder's bank account, or the payment cannot be completed using the selected funding source, Bidder agrees to complete payment.
If University Archives refers any invoice to an attorney for collection, the Bidder agrees to pay attorney's fees, court costs, and other collection costs incurred by University Archives. If University Archives assigns collection to its house counsel, such attorney's time expended on the matter shall be compensated at a rate comparable to the hourly rate of independent attorneys.
University Archives shall have a lien against the merchandise purchased by the Bidder to secure payment of the Auction invoice. University Archives is further granted a lien and the right to retain possession of any other property of the Bidder then held by University Archives or its affiliates to secure payment of any Auction invoice or any other amounts due University Archives or affiliates from the Bidder. With respect to these lien rights, University Archives shall have all the rights of a secured creditor, including but not limited to the right of sale. In addition, with respect to payment of the Auction invoice(s), the Bidder waives any and all rights of offset he might otherwise have against University Archives and the consignor of the merchandise included on the invoice (the "Consignor"). If a Bidder owes University Archives or its affiliates on any account, University Archives and its affiliates shall have the right to offset such unpaid account by any credit balance due Bidder, and it may secure by possessory lien any unpaid amount by any of the Bidder's property in their possession.
All checks, cashiers checks, bank checks, or money orders are payable to University Archives.
Title shall not pass to the successful Bidder until all invoices are paid in full. It is the responsibility of the Bidder to provide adequate insurance coverage for the items once they have been delivered to a third-party shipper.
Shipping. Bidder is liable for shipping and handling. University Archives is unable to combine purchases from other auctions or affiliates into one package for shipping purposes. Lots won will be shipped in a commercially reasonable time after payment in good funds for the merchandise and the shipping fees is received, except when third-party shipment occurs. Bidder agrees that service and handling charges related to shipping items which are not pre-paid may be charged to a credit card on file with University Archives.
Successful international Bidders shall provide written shipping instructions, including specified Customs declarations, to University Archives for any lots to be delivered outside of the United States. NOTE: Declaration value shall be the item'(s) hammer price and University Archives shall use the correct harmonized code for the lot. Domestic Bidders on lots designated for third-party shipment must designate the common carrier, accept risk of loss, and prepay shipping costs.
University Archives assumes no and disclaims all responsibility and liability for acts or omissions in such packing or shipping by University Archives or other packers and carriers, whether or not recommended by University Archives. University Archives assumes no and disclaims all responsibility and liability for damage to frames, glass or other breakable items. Where University Archives arranges and bills for such services via invoice, University Archives will include an administration charge.
Withdrawal of Lots and Postponement of Auction. University Archives reserves the right to withdraw any lot before or at the time of the Auction, and/or to postpone the Auction of all or any lots or parts thereof, for any reason. University Archives shall not be liable to any Bidder in the event of such withdrawal or postponement under any circumstances. University Archives reserves the right to refuse to accept bids from anyone.
University Archives reserves the right to postpone the Auction or any session thereof for a reasonable period of time for any reason whatsoever, and no Bidder or prospective Bidder shall have any claim as a result thereof, including consequential damages.
Reserves. Lots may be subject to a reserve which is the confidential minimum price below which the lot will not be sold. Consignors may not bid on their own lots or property, unless they pay both a buyer's and seller's commission. University Archives may also execute bids on behalf of a consignor, owner, or the house account to protect the reserve, by entering a bid in response to absentee bids. Under no circumstances will the auctioneer place any bid on behalf of the consignor above the reserve which is never above the low estimate. If a lot does not reach the reserve, it is bought-in. In other words, it remains unsold and is returned to the Consignor. University Archives has the right to sell certain unsold items after the close of the Auction. Such lots shall be considered sold during the Auction and all these Terms and Conditions shall apply to such sales including but not limited to the Buyer's Premium, return rights, and disclaimers.
Estimates. In addition to descriptive information, each item in the Catalog sometimes includes a price range which reflects opinion as to the price expected at auction (the "Estimate Prices"). In other instances, Estimate Prices can be obtained by calling University Archives at (203) 454-0111. The Estimate Prices are based upon various factors including prices recently paid at auction for comparable property, condition, rarity, quality, history and provenance. Estimate Prices are prepared well in advance of the sale and subject to revision. Estimates do not include the Buyer's Premium or sales tax (see under separate heading).
Consigned Property. University Archives offers lots owned by the house as well as consigned items.
Failure to comply with Terms and Conditions. Failure of the Bidder to comply with any of these Conditions of Sale or the terms of the Registration Form is an event of default. In such event, University Archives may, in addition to any other available remedies specifically including the right to hold the defaulting Bidder liable for the Purchase Price or to charge and collect from the defaulting Bidder's credit or debit accounts as provided for elsewhere herein: (a) cancel the sale, retaining any payment made by the Bidder as damages (the Bidder understands and acknowledges that University Archives will be substantially damaged should such default occur, and that damages under sub-part (a) are necessary to compensate University Archives for such damages); (b) resell the property without reserve at public auction or privately; (c) charge the Bidder interest on the Purchase Price at the rate of one and one-half percent (1.5%) per month or the highest allowable interest rate; (d) take any other action that University Archives, in its sole discretion, deems necessary or appropriate to preserve and protect University Archives' rights and remedies. Should University Archives resell the property, the original defaulting Bidder shall be liable for the payment of any deficiency in the purchase price and all costs and expenses associated there with, including but not limited to warehousing, sales-related expenses, reasonable attorney fees and court costs, commissions, incidental damages and any other charges due hereunder which were not collected or collectable. In the event that such Bidder is the successful Bidder on more than one lot and pays less than the purchase price for the total lots purchased, University Archives shall apply the payment received to such lot or lots that University Archives, in its sole discretion, deems appropriate. If University Archives does not exercise such discretion, the lots to which the payment shall be applied will be in descending order from the highest purchase price to the lowest. Any Bidder failing to comply with these Conditions of Sale shall be deemed to have granted University Archives a security interest in, and University Archives may retain as collateral such security for such Bidder's obligations to University Archives, any property in University Archives' possession owned by such Bidder. University Archives shall have the benefit of all rights of a secured party under the Uniform Commercial Code (U.C.C.) as adopted by the State of Connecticut.
Warranties. University Archives does not provide any warranties to Bidders, whether expressed or implied, beyond those expressly provided in these Conditions of Sale. All property and lots are sold "as is" and "where is". By way of illustration rather than limitation, neither University Archives nor the Consignor makes any representation or warranty, expressed or implied, as to merchantability or fitness for intended use, condition of the property (including any condition report), correctness of description, origin, measurement, quality, rarity, importance, exhibition, relevance, attribution, source, provenance, date, authorship, condition, culture, genuineness, value, or period of the property. Additionally, neither University Archives nor the Consignor makes any representation or warranty, expressed or implied, as to whether the Bidder acquires rights in copyright or other intellectual property (including exhibition or reproduction rights) or whether the property is subject to any limitations or other rights. University Archives does not make any representation or warranty as to title.
All descriptions, photographs, illustrations, and terminology including but not limited to words describing condition (including any condition reports requested by Bidder, see also Terminology), authorship, period, culture, source, origin, measurement, quality, rarity, provenance, importance, exhibition, and relevance, used in the online Auction Catalog, bill of sale, invoice, or anywhere else, represent a good faith effort made by University Archives to fairly represent the lots and property offered for sale as to origin, date, condition, and other information contained therein; they are statements of opinion only. They are not representations or warranties and Bidder agrees and acknowledges that he or she shall not rely on them in determining whether or not to bid or for what price. Price estimates (which are determined well in advance of the Auction and are therefore subject to revision) and condition reports are provided solely as a convenience to Bidders and are not intended nor shall they be relied on by Bidders as statements, representations or warranties of actual value or predictions of final bid prices.
Headings are for convenience only and shall not be used to interpret the substantive sections to which they refer.
Bidders are accorded the opportunity to inspect the lots and to otherwise satisfy themselves as to the nature and sufficiency of each lot prior to bidding, and University Archives urges Bidders to avail themselves accordingly. Bidder is encouraged to examine lots thoroughly online. Bidder may also request condition reports.
All lots sold by University Archives are guaranteed authentic. This guarantee is valid from date of the Auction in which Bidder was awarded the lot (the "Auction Date") until one (1) year after the Auction Date, without exception. We encourage the bidder to seek third party opinions on authenticity within the one year period.
In the event that University Archives is prevented for any reason from delivering any property to Bidder, or Bidder is otherwise dissatisfied with the performance of University Archives, the liability, if any, of University Archives, shall be limited to, and shall not exceed, the amount actually paid for the property by Bidder. In no event shall University Archives be liable for incidental, special, indirect, exemplary or consequential damages of any kind, including but not limited to loss of profits, value of investment or opportunity cost.
Sale of Firearms. University Archives complies with all Federal and State rules and regulations relating to the purchasing, registration and shipping of firearms. A Bidder is required to provide appropriate documents and the payment of associated fees, if any. Bidder is responsible for providing a shipping address that is suitable for the receipt of a firearm.
Remedies Under no circumstance will University Archives incur liability to a Bidder in excess of the purchase price actually paid. This section sets forth the sole and exclusive remedies of Bidder in conformity with the Warranties and Limitation of Damages provisions of these Conditions of Sale, and is expressly in lieu of any other rights or remedies which might be available to Bidder by law. The Bidder hereby accepts the benefit of the Consignor's warranty of title and any other representations and warranties made by the Consignor for the Bidder's benefit. In the event that Bidder demonstrates in writing, in the sole discretion of University Archives, that there was a breach of the Consignor's warranty of title concerning a lot purchased by Bidder, University Archives shall make demand upon the Consignor to pay to Bidder the Purchase Price (including any premiums, taxes, or other amounts paid or due to University Archives). Should the Consignor not pay the Purchase Price to Bidder within thirty days after such demand, University Archives shall disclose the identity of the Consignor to Bidder and assign to Bidder all of University Archives' rights against the Consignor with respect to such lot or property. Upon such disclosure and assignment, all responsibility and liability, if any, of University Archives with respect to said lot or property shall automatically terminate. University Archives shall be entitled to retain the premiums and other amounts paid to University Archives - this remedy is as to the Consignor only. The rights and remedies provided herein are for the original Bidder only and they may not be assigned or relied upon by any transferee or assignee under any circumstances.
If Bidder wishes to challenge the the authenticity of any item, Bidder must present written evidence that the lot is not authentic as determined by two disinterested, known experts in the field, agreeable to us, within a period of one year from the auction date. If University Archives agrees that the lot is not as represented, Bidder's sole and exclusive remedy shall be a refund of their purchase price, with no other costs, liabilities or amounts recoverable. If University Archives does not agree with the claim by Bidder, then the Parties shall follow the dispute resolution procedures of these Conditions of Sale.
Any such challenge concerning authenticity must, without any exception, be brought within one (1) year of Bidder's notice to University Archives of Bidder's contention that the lot was not authentic.
If the description of any lot in the Catalog is materially incorrect (e.g., gross cataloging error), the lot is returnable if returned within five (5) calendar days of receipt, and received by University Archives no later than twenty-one (21) calendar days after the Auction Date. The Bidder shall be responsible for the safe return of the lot and shall procure shipping insurance for the full purchase price. This paragraph shall constitute Bidder's sole right with respect to the return of items, and no refunds shall be given for any items not returned to and received by University Archives. All guarantees are applicable only to original purchaser. No returns will be accepted other than on the grounds of authenticity for any item that is described as having major flaws or restoration.
NO RETURN OR REFUND OF ANY AUCTION LOT WILL BE CONSIDERED EXCEPT AS PROVIDED IN THESE CONDITIONS OF SALE.
These Conditions of Sale constitute the entire agreement between the parties together with the terms and conditions contained in the Registration Form. They may not be amended, modified or superseded except in a signed writing executed by all parties. No oral or written statement by anyone employed by University Archives or acting as agent or representative of University Archives may amend, modify, waive or supersede the terms herein unless such amendment, waiver or modification is contained in a writing signed by all parties.
If any section of these Conditions of Sale or any term or provision of any section is held to be invalid, void, or unenforceable by any court of competent jurisdiction, the remaining sections or terms and provisions of a section shall continue in full force and effect without being impaired or invalidated in any way.
The Parties agree that any agreements between the Parties including but not limited to these Conditions of Sale are entered into in Westport, Connecticut, no matter where Bidder is situated and no matter by what means or where Bidder was informed of the Auction and regardless of whether catalogs, materials, or other communications were received by Bidder in another location.
The Parties agree that these Conditions of Sale, and any other related agreement(s) are governed by the laws of the State of Connecticut, without regard for its conflict of laws principles. The Parties agree that any dispute related to or arising out of these Conditions of Sale, or related to or arising out of any other related agreement(s) shall be submitted to confidential binding arbitration (the "Arbitration") before a single Arbitrator of the American Arbitration Association (the "AAA"). The Parties agree that the Arbitration shall be conducted pursuant to the commercial rules of the AAA. In the event that the Parties cannot agree on the selection of the Arbitrator, then the Arbitrator shall be selected by the AAA. The prevailing Party in the Arbitration shall be entitled to recover all of its related costs, whether before or after the formal institution of the Arbitration, including but not limited to its reasonable attorneys' fees and, if University Archives prevails, the Buyer's Premium as defined in these Conditions of Sale. The Parties agree that Bidder shall have no right to recover consequential or indirect damages, or lost profits damages.
The Parties consent to the enforcement of the decision in the Arbitration pursuant to the Federal Arbitration Act in either the courts of the State of Connecticut or the United States District Court for the District Westport.
Except as provided in Bidder's Remedies with regard to the Certification of Authenticity, any dispute, claim, cause of action related to or arising out of these Conditions of Sale or any other agreement(s) between the Parties must be brought within one (1) year of the acts, omissions or circumstances giving rise to the alleged claim, without exceptions. This provision is intended as a full, complete and absolute release of any claims after one (1) year of such acts, omissions or circumstances. The Parties agree further that these waiver provisions are intended to be binding on all parties in the event of any dispute, specifically including but not limited to third party claims and cross-actions brought by either University Archives or Bidder. These provisions are consideration for the execution of these Conditions of Sale.
The Bidder hereby agrees that University Archives shall be entitled to present these Conditions of Sale to a court in any jurisdiction other than set forth in this paragraph as conclusive evidence of the Parties' agreement, and the Parties further agree that the court shall immediately dismiss any action filed in such jurisdiction.
Notwithstanding the foregoing, University Archives may, in its sole discretion, enforce its rights pursuant to these Conditions of Sale in the courts of the State of Connecticut or the United States District Court for the District of Connecticut rather than in an Arbitration related to or arising out of any Auction of an item sold for less than $10,000. This right shall relate to the individual item price, such that University Archives may, in its sole discretion, enforce its rights pursuant to these Conditions of Sale in the courts of the State of Connecticut or the United States District Court for the District of Connecticut rather than in an Arbitration for items that in the aggregate exceed $10,000. The prevailing Party in such a proceeding shall be entitled to recover all of its related costs, whether before or after the formal institution of the proceeding, including but not limited to its reasonable attorneys' fees and, if University Archives prevails, the Buyer's Premium as defined in these Conditions of Sale. This right of enforcement is unique to University Archives, and these Conditions of Sale are a waiver by the Bidder of any right to enforcement or adjudication outside of an Arbitration.
Under no circumstances is any employee, agent or representative of University Archives authorized by University Archives to modify, amend, waive or contradict any of these Conditions of Sale, any term or condition set forth on a registration form, any warranty or limitation or exclusion of warranty, any term or condition in either the Registration Form or these Terms and Conditions regarding payment requirements, including but not limited to due date, manner of payment, and what constitutes payment in full, or any other term or condition contained in any documents issued by University Archives unless such modification, amendment, waiver or contradiction is contained in a writing signed by all parties. Any statements, oral or written, made by employees, agents or representatives of University Archives to Bidder, including statements regarding specific lots, even if such employee, agent or representative represents that such statement is authorized, unless reduced to a writing signed by all parties, are statements of personal opinion only and are not binding on University Archives, and under no circumstances shall be relied upon by Bidder as a statement, representation or warranty of University Archives.
Agreements. Agreements between Bidders and Consignors to effectuate a non-sale of an item at Auction, inhibit bidding on a consigned item to enter into a private sale agreement for said item, or to utilize University Archives' Auction to obtain sales for non-selling consigned items subsequent to the Auction, are strictly prohibited. If a subsequent sale of a previously consigned item occurs in violation of this provision, University Archives reserves the right to charge Bidder the applicable Buyer's Premium and Consignor a Seller's Commission as determined for each auction venue and by the terms of the seller's agreement.
Acceptance of these Terms and Conditions qualifies Bidder as a client who has consented to be contacted by University Archives in the future. In conformity with "do-not-call" regulations promulgated by the Federal or State regulatory agencies, participation by the Bidder is affirmative consent to being contacted at the phone number shown in his application and this consent shall remain in effect until it is revoked in writing. University Archives may from time to time contact Bidder concerning sale, purchase, and auction opportunities available.
Rules of Construction: University Archives presents properties in a number of collectible fields, and as such, specific venues have promulgated supplemental Terms and Conditions. Nothing herein shall be construed to waive the general Conditions of Sale by these additional rules and shall be construed to give force and effect to the rules in their entirety.
SALES TAX
University Archives is required to charge the appropriate sales tax for items won if you reside in the following states: CT & CA.
SHIPPING
We do our own in-house worldwide shipping!
Applicable shipping and handling charges will be added to the invoice. ***PLEASE NOTE: IF YOU WOULD LIKE YOUR SHIPMENT TO BE SENT TO AN ADDRESS OTHER THAN THE ONE YOU HAVE ON FILE WITH INVALUABLE, YOU WILL NEED TO INFORM US OF THIS AS SOON AS PAYMENT IS SUBMITTED FOR YOUR WINNINGS*** Shipping and handling costs are competitive as we maintain discounted contracts with FedEx. If you have any questions, contact University Archives prior to bidding. After payment has been made in full, University Archives will ship your purchase within 5 business days following receipt of full payment for item. We currently ship via FedEx but if your purchase is shipping to a P.O. Box, we ship via USPS. All items are insured. We ship from our offices in Westport, CT. We may opt to use a third party shipper for very fragile, bulky or oversized items. Items requiring third party shipping will be denoted in the item description. Packages shipped internationally will have full value declared on shipping form. International buyers will be responsible for any customs fees incurred.
Please remember that the buyer is responsible for all shipping costs from University Archives' offices in Westport, CT to the buyer's door. Please see full Terms and Conditions of Sale.
