NOT SOLD (BIDDING OVER)
0.00USD+ applicable fees & taxes.
This item WAS NOT SOLD. Auction date was 2020 Apr 13 @ 12:00UTC-7 : PDT/MST
DEMO LOT
Franklin, Benjamin (1706-1790) American statesman, philosopher, author, inventor, printer, and scientist; signer of the Declaration of Independence. Document signed ("B Franklin") as Commissioner to France, 2 pages, 8 x 12� in., Passy, France, 7 August 1872. Franklin vouches for the fact that a naval commission as Captain in the U.S. Navy was issued to Gustavus Conyngham (c. 1744-1819), the famous "Dunkirk Pirate." The commission had been seized by the French in 1777 when his ship, the Surprise, his crew, and his prizes were seized while in the French port of Dunkirk. Franklin boldly signs his name to the document, which reads:
"I do hereby certify whom it may concern, that the Commissioners of the United States of America at the Court of France, did issue on the first Day of March One Thousand Seven hundred & Seventy Seven, to Captain Gustavus Conyngham a Commission of Congress appointing him a Captain in the Navy of the said States and to command a Vessel then fitting out at Dunkerque on their Account to cruise against their Enemies, in which Vessel he took the English Packet Boat going from Harwich to Holland. But their [sic] being no War at that Time between France & England, and the Clandestine Equipment of an armed Vessel in a French Port to cruise against the English being therefore an unjustifiable Proceeding, he was apprehended by Order of the French Government and his Papers seized, among which was the said Commission, which was never restored, and cannot now be found. It is therefore at the Request of the said Capt. Conyngham, and to ascertain the Fact that such a Commission was issued to him, I give this Certificate at Passy, this 7th Day of August, 1782. B. Franklin Minister Plenipotentiary from the United States of America at the Court of France."
Irish-born American naval officer Gustavus Conyngham was in command of a small ship called the Charming Peggy from September 1775, when he sailed for Ireland with a cargo of flax seed, intending to return to the U.S. with military supplies. He purchased the supplies in Holland, as planned, but the British consul in Ostend was informed of the military cargo, and prevailed upon the Dutch government to prevent the sailing of Conyngham's ship. The stranded Conyngham escaped to Dunkirk.
The American commissioners at the Court of France appointed Conyngham Captain in the U.S. Navy, filling out one of the blank "commissions for fitting out privateers in France" signed by the President of Congress and dated March 1, 1777, and gave him command of the lugger Surprise, partly owned by Congress and partly by William Hodge, a Philadephia merchant in France. The ship was fitted out with ten guns and went to sea about May 1, returning almost immediately to Dunkirk with two prizes, one of them an English mail packet from Harwich. The British expressed their outrage to the French (the Treaty of Utrecht, concluded between France and England in 1713, expressly closed the ports of either power to the enemies of the other), and the French had no choice but to order the arrest of Conyngham and his crew, taking his papers from him and seizing the ship.
The American commissioners obtained Conyngham's release and he was appointed Captain in the Continental Navy under a new commission (dated 2 May 1777) and given command of the 14-gun cutter Revenge. Conyngham wreaked havoc with the Revenge, taking 60 prizes in just 18 months and creating panic in Engand. Insurance rates went up--boats running between Dover and Calais had to pay ten per cent--and travelers were afraid to go to sea. Prints were issued in London and Paris, referring to him as the "Dunkirk Pirate" and caricaturing him as a ferocious pirate with a belt full of pistols and a sword in his right hand.
Within 18 months, he had taken 60 prizes, his cruises (often from Spanish ports) taking him as far away as the Azores and the Canary Islands. On February 21, 1779, he returned to Philadelphia and his ship was fitted out as a privateer. Setting sail again, he was captured by the British naval vessel Galatea on April 27, 1779, off New York. He was sent to Mill Prison, Plymouth, England in irons, from which he escaped on his third try (November 3, 1779), and he embarked from Holland on John Paul Jones' flagship, the Experiment. The vessel was taken by the British on March 17, 1780 and Conyngham found himself in Mill Prison for another year; he was exchanged shortly before news of peace arrived.
After the war, Conyngham returned to the merchant service. He tried to re-enter the Navy but failed. He also failed to get compensation for his services during the war; however, Benjamin Franklin, who, when Conyngham was captured, had said, "He has done so much harm to the enemy that he can expect no mercy at their hands," intervened on his behalf and Conyngham's March 1, 1777 naval commission as Captain in the Navy was restored on August 7, 1782 by means of the letter offered here.
The letter is written on laid, watermarked paper. Ironically, the watermark on one page shows a robed Britannia seated beside a rampant lion within the enclosure of a picket fence; Britannia supports a spear holding a hat; to the left of the spear is "Pro Patria"; on the other page is "GR" below a crown. Fine, with a magnificent, large and bold signature of Franklin and the red wax seal intact at the left. There are a few small edge splits at folds and mounting remnants down one edge of the verso of the integral blank leaf. The letter is housed in a handsome blue slipcase with red leather labels printed in gold. A significant and utterly fantastic document showing the American government helping a privateer who was of immense aid to the American cause during the Revolutionary War.
Estimated Value $25,000-UP.
Auction Location:
11400 W. Olympic Blvd. Suite 800, Los Angeles, California, 90064, United States
Previewing Details:
Goldberg Offices11400 West Olympic Blvd. Suite 800
Los Angeles CA 91406
By appointment only:
March 25-29, 2013
Monday-Friday 9am-5pm
Open lot viewing:
April 1-5, 2013
Monday-Friday 9am-5pm
Buyer's Premiums:
| From (Incl.) | To (Excl.) | Premium |
| 0.00 |
Infinite |
15% |
Additional Fees:
Shipping Details:
Will ship worldwide
Payment Details:
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Accepted Payment Methods:
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These Terms And Conditions Of Sale Set Forth The Terms Of A Public Auction Sale Conducted In Beverly Hills, California By Ira & Larry Goldberg Coins & Collectibles, Inc., A Nevada Corporation, California Auction Bond No. 3s95453300 (Hereinafter, The "Auctioneer" Or "Goldberg").
The Terms And Conditions Of Sale, The Glossary, If Any, And All Other Contents Of This Catalog Are Subject To Amendment By Us By The Posting Of Notices Or By Oral Announcements Made During The Sale.
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23. On any accounts past due, Goldberg reserves the right to extend credit and impose periodic charges, pursuant to these Terms and Conditions of Sale or as set forth in the Purchaser's invoice. If the auction invoice is not paid in full when due, the unpaid balance will earn interest at the rate of one-and-one-half percent (1½%) per month until paid. In the event this interest rate exceeds the interest permitted by law, the same shall be adjusted to the maximum rate permitted by law. Goldberg further reserves the right to resell the merchandise, or to have an affiliated or related company do so. Purchaser agrees to pay all reasonable attorneys' fees, court costs and other collection costs incurred by Goldberg or any affiliated or related company to collect past due invoices, including reasonable costs of any resale of the merchandise. Purchaser also agrees to pay the difference between the resale price and any previous disbursements. Money realized from the resale shall be applied as follows: (i) to pay sums due to the consignor, (ii) to pay Goldberg standard commission and fees for the resale, (iii) to pay Goldberg any sums owed to it by purchaser, and the remainder, if any, will be paid to the Purchaser. Goldberg reserves the right to assign its interest to any third party.
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Disclaimers And Warranties
All Items Offered In This Catalogue Are Guaranteed To Be Genuine.
This Is A Limited Warranty That The Item Sold Is Not Counterfeit, That Its Date Or Mintmark Has Not Been Altered And That The Coin Has Not Been "Repaired."
29. Any other warranty is expressly disclaimed; Goldberg offers no representation that a numismatic item has or has not been cleaned; that any toning is natural or artificial; that any coin will meet the standards or grade of any independent grading service; that any item has a particular provenance or pedigree, or that a numismatic item is struck or produced in a particular style. Any statement concerning such matters reflects an opinion only. Questions regarding the minting of a coin as a proof or as a business strike relate to the method of manufacture and not to authenticity.
a. The descriptions contained herein represent the Cataloger's good faith opinion, or the opinion of an independent grading service, as to the state of preservation and strike. When a grade from an independent grading service is utilized, the information is provided strictly for the convenience of the bidder by mail, telephone or facsimile. Bidders and Purchasers acknowledge that (i) grading is an art, not a science; (ii) the grades contained in the catalogue represent the opinion of the Auctioneer based upon its experience; (iii) it is possible that two people will not always grade the same items alike; and (iv) as market conditions change, grading standards change, and will most likely continue to do so in the future.
NO WARRANTY, WHETHER EXPRESSED OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, IS MADE WITH RESPECT TO ANY GRADE DESCRIPTION, WHICH IS MERELY AN OPINION THAT IS LIKELY TO DIFFER, EVEN AMONG EXPERTS. PURCHASER HEREBY ASSUMES ALL RISKS CONCERNING AND RELATED TO THE GRADING OF A LOT BY AN INDEPENDENT GRADING SERVICE.
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d. Bidders shall have no recourse against the Consignor for any reason whatsoever.
e. Notwithstanding anything to the contrary in these Terms and Conditions of Sale,
COINS & CURRENCY LISTED IN THIS CATALOGUE GRADED BY PCGS, NGC, ICG, SEGS, ACCUGRADE, PCI, NTC, CGA, PMG OR ANACS CACHET MAY NOT BE RETURNED FOR ANY REASON WHATSOEVER.
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Waiver and Releases:
Purchaser, for himself, his heirs, agents, successors and assigns, generally and specifically waives and releases, and forever discharges Goldberg, and its respective affiliates, parents, shareholders, agents, subsidiaries, employees, members of their respective boards of directors, and each of them, and their respective successors and assigns from any and all claims, rights, demands and causes of action and suites, of whatever kind or nature, whether in law or equity, whether known or unknown, suspected or unsuspected, which Purchaser may claim to have with respect to and/or arising out of, or in connection with any challenge to the title to any good purchased, the sale itself and/or the auction, except for reimbursement in the amount equal to any bid actually paid by Purchaser, plus any Buyer's Commission actually paid by Purchaser where such reimbursement is authorized in these Terms and Conditions of Sale. It is the intention of Purchaser that this waiver and release shall be effective as a bar to each and every claim, demand, cause of action and suit that may arise hereunder, and Purchaser hereby knowingly and voluntarily waives any and all rights and benefits otherwise conferred upon him by the provisions of the California Civil Code, which reads in full as follows:
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
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35. If the Purchaser fails to comply with one or more of these Terms and Conditions of Sale, then in addition to all other remedies which it may have at law or in equity, Goldberg may at its sole option, either (a) cancel the sale, retaining all payments made by Purchaser as liquidated damages, it being recognized that actual damages may be speculative or difficult to compute, or (b) sell some or all of the property and (some or all other property of the Purchaser held by Goldberg, if Goldberg deems necessary), in a quantity sufficient in the opinion of Goldberg to satisfy the indebtedness, plus all accrued charges. More than one such sale may take place at the option of Goldberg. Such sale may take place without notice to Purchaser. If Goldberg gives notice, it shall be by U.S.P.S. Certified Mail, Return Receipt Requested to the address utilized on the Bid Sheet, Auction Consignment and Security Agreement or other address known to Goldberg. Such sale will be at Goldberg standard commission rates at public or private sale, within California, or at another location outside of California to be determined by Goldberg. At the time of sale the defaulting party shall not bid nor be permitted to bid. The proceeds shall be applied first to the satisfaction of any damages occasioned by Purchaser's breach, and then to the payment of any other indebtedness owing to Goldberg, including without limitation, commissions, handling charges, the expenses of both sales, reasonable attorneys' fees and costs, collection agency fees and costs and any other costs or expenses incurred thereunder. If a lot or item is not paid for, and is sold by Goldberg for Purchaser's account, in accordance with the Uniform Commercial Code, Goldberg shall not be required to account to the Purchaser for any excess proceeds. Purchaser shall remain liable to Goldberg if the proceeds of such sale or sales is insufficient to cover the indebtedness. If other property of Purchaser is also sold, any excess of proceeds will be remitted to the Purchaser after first deducting the expenses set forth above. If Purchaser fails to remit sums due to Goldberg, Purchaser grants to Goldberg a lien with respect to such sum, with interest to accrue thereon at the legal rate, until actually paid, which lien shall apply against any property of Purchaser, including any future goods of Purchaser coming into possession of Goldberg. To the extent permitted by law, Purchaser hereby waives all the requirements of notice, advertisement and disposition of proceeds required by law.
36. These Terms and Conditions of Sale and the auction shall be construed and enforced in accordance with, and governed by, the laws of the State of California, whether or not the auction is and these Terms and Conditions of Sale are fully performed in California.
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39. If any section of these Terms and 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. AS STATED IN THE TERMS AND CONDITIONS OF SALE Certain lots may be reserved by the Consignor. If the Auctioneer identifies a Consignor bidding on his own property, an announcement will be made that the Consignor is now bidding. If the Consignor places a bid in the mail bid book and is successful, the Auctioneer will announce that the lot has been passed.
40. These Terms and Conditions contain the entire agreement and understanding between Goldberg and Bidder concerning the auction and any items bid on or purchased at the auction. Bidder acknowledges that Goldberg has not made any promises, representations or warrantee to bidder, not contained herein concerning the auction and any items bid on or purchased at the auction.