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Lot 210
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Aaron Burr Archive 33 pages Ending Just before Hamilton Duel. Claims Damages from John Wilkins, Whom He Later Tries to Recruit into Conspiracy
Aaron Burr Archive 33 pages Ending Just before Hamilton Duel. Claims Damages from John Wilkins, Whom He Later Tries to Recruit into Conspiracy
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Description:

Aaron Burr Archive 33 pages Ending Just before Hamilton Duel. Claims Damages from John Wilkins, Whom He Later Tries to Recruit into Conspiracy

This collection of documents largely revolves around the case of Aaron Burr for the use of himself and John Field v. John Wilkins, a case before the Supreme Court of Pennsylvania. In March 1803, the Court appointed three referees to hear evidence and decide the case. These documents detail their meetings, adjournments, attempts to gather information and legal opinions, and final determination. The referees determined in April 1804 that "the Plaintiff has no Claim on the Defendant and have agreed to award accordingly," or that Burr had no legitimate claim against Wilkins.

John Wilkins Jr. (1761-1816) served as a surgeon's mate in the Revolutionary War and became a brigadier general in the Pittsburgh militia, leading it against the Whiskey Rebellion, and later Quartermaster General of the United States Army (1796-1802). As a merchant in Pittsburgh, Wilkins proposed the creation of an exporting company, but the idea soon failed. However, the Bank of Pennsylvania opened a branch in Pittsburgh in January 1804. His brother William Wilkins (1779-1865) was a judge, banker, and industrialist.

In 1806, Burr passed through Pittsburgh on his way to the Southwest and sought the support of the Wilkins family. John Wilkins (Jr.) was one of the more than one hundred government witnesses initially subpoenaed for the trial of Aaron Burr, but he did not appear.

[AARON BURR.], Collection of Letters and Other Documents, Mostly Related to Burr v. Wilkins, 1796-1804. 33 pp. Some staining and edge tears; some tears on opening original wax seals; a few tears repaired on verso; generally, very good.

Contents and Excerpts:
• Postmaster General Joseph Habersham (1751-1815), Autograph Letter Signed, to Charles Williamson, February 17, 1796, Philadelphia, Pennsylvania. 1 p., 8" x 12.75".
"As the correspondence is by this means interrupted between the people of Lewisburg and the neighbourhood of it, and the Genesee country; if not attended with too much inconvenience I hope you will indulge the inhabitants of Lewisburg by directing your post rider to call at their Post office on his way to and from Northumberland."
Charles Williamson (1757-1808) was a British veteran of the Revolutionary War who became an agent for the Pulteney Associates that purchased more than one million acres of land in the Genesee country of western New York. Williamson laid out roads and places of settlement throughout the area and met Aaron Burr, who sometimes acted as his attorney. After Burr's fatal duel with Alexander Hamilton in July 1804, Williamson conferred with Burr in Philadelphia over what became known as the Burr Conspiracy to establish an independent country in the southwestern United States and parts of Mexico, and that fall, he revealed Burr's proposal to the British government and sought its support.

• Henry Clymer (1767-1830), Autograph Letter Signed, to Thomas W. Francis, September 18, 1799, Morrisville, Pennsylvania. 1 p., 8" x 10".
Regarding credits on an account.
Henry Clymer was the oldest surviving son of George Clymer (1739-1813), who signed both the Declaration of Independence and the Constitution as a representative of Pennsylvania.
Thomas W. Francis (1767-1815) was the treasurer of the Conewago Canal Company, organized to build a canal around the Conewago Falls on the Susquehanna River southeast of Harrisburg, Pennsylvania.

• John French, Autograph Document Signed, Order of Supreme Court of Pennsylvania in Aaron Burr for the use of himself & John Field vs. John Wilkins, March 4, 1803. 1 p., 7.75" x 12.5".
"By agreement in writing filed all matters in controversy between the above parties relative to an account annexed to the said agreement are submitted to Thomas W. Francis, Samuel Hodgdon and Andrew Tybout or any two of them Report to be made into office and Judgment Referees to meet on the first day of June next at the Indian Queen in fourth Street Philadelphia with power to proceed exparte on that day in case of the absence of either party rule to take depositions on either side on twenty days notice."

• Copy of Order of Supreme Court of Pennsylvania in Aaron Burr for the use of himself & John Field vs. John Wilkins, March 4, 1803. 1 p., 7.75" x 12.5".

• John Field (1771-1826), a Quaker Philadelphia merchant, Autograph Letter Signed, to Andrew Tybout, Samuel Hodgdon, and Thomas W. Francis, September 8, 1803, Philadelphia. 2 pp., 8" x 10".

• Andrew Tybout, Samuel Hodgdon, and Thomas W. Francis, Autograph Letter Signed, to John Field and John Wilkins, September 9, 1803, Philadelphia. 1 p., 8.5" x 10".
"The subscribers Referees in your case under a rule of Court, have again met and have taken into consideration the letter from Mr Field of yesterday. They now think it proper to notify you that we are willing to agree to a postponement to such time as may be mutually agreed on, between you, provided, it is fairly and fully understood (and so reported to us in writing) that the business will then come to issue and be conclusive—if this is not understood we think it best to decline any further attendance on the business. We are aware that by the Rule we may proceed now—and perhaps either one party has a right to insist on it."

• John Field, Manuscript Letter, to Andrew Tybout, Samuel Hodgdon, and Thomas W. Francis, January 24, 1804, [Philadelphia]. 1 p., 8.25" x 10.25".
"J Field thinks it necessary to inform the Referees in the case of Colo A Burr ag J Wilkins in that he cannot now proceed on the reference
"1st Because Col Burr is now absent attendg Congress and cannot afford his assistance, which is very material.
"2ndly. Because a Commissioner of Bankruptcy has been issued against himself & is now in operation whereby he is deprived of the right to act
"3rdly. Because if these objections did not exist, JF expects his son to return in a few weeks whose testimony, as well as that of some other persons, is necessary & therefore he could not now proceed on the reference."

• James Gibson (1769-1856), a Philadelphia attorney, Autograph Letter Signed, to James Ross, January 24, 1804. 1 p., 5.125" x 8.5".
"perhaps it would be better for you to take out a subpoena duces tecum against Mr. Huidekoper who will attend on the Referees with it."
James Ross (1762-1847) was a Pennsylvania lawyer who represented the state in the U.S. Senate from 1794 to 1803.
Harm Jan Huidekoper (1776-1854) was a businessman and Unitarian theologian who served as an agent of the Holland Land Company.

• Future Secretary of the Treasury Alexander J. Dallas (1759-1817), Autograph Letter Signed, to Andrew Tybout, Samuel Hodgdon, and Thomas W. Francis, January 25, 1804, [Philadelphia]. 1 p., 8" x 10".
"I received a letter from Col. Burr, by yesterday's Post, in which he informed me, that it will be impossible for him to leave his public duties at Washington, and requests me to pay some attention to the business, that has been under your consideration. My engagements oblige me to set-off, from Philadelphia, early tomorrow, and I shall not return until the Supreme Court of the United States has finished the February Term. Under these circumstances, and the bankruptcy of Mr Field (which will incapacitate him to act, without the concurrence of his Assignees) the necessity, of postponing all further proceeding in the reference, is obvious. Indeed the unavoidable absence of Col. Burr, would furnish a sufficient reason for delay, as he alone can be competent, at this stage of the controversy, to cope with his antagonists. If a discontinuance of the reference should be preferred, I believe Col. Burr and Mr Field would not object."

• Attorney General of Pennsylvania Jared Ingersoll (1749-1822), Autograph Letter Signed, to John Wilkins, January 26, 1804. 1 p., 7.75" x 9.75".
"In the case of Burr for himself & John Field, I conceive that the suit is not affected by the Bankruptcy of Mr Field, as it is instituted in the name of Mr Burr for himself and Mr Field.
"As soon as Assignees are appointed I recommend that notice be given to them of the situation of the business before the Referees, that they may take such order respecting it, as they think proper.
"The Act of Congress on the subject makes an express provision for substituting the names of the Assignees in the room of the Bankrupt, where a Bankruptcy happens during the pendency of the action, so that the proceedings do not in any case abate."

• Edward Tilghman, Autograph Document Signed, Opinion, January 27, 1804. 2 pp., 8" x 10".
[In different hand:] "The referees then took into consideration the rule of court and determined to request Genl Wilkins to obtain the opinion of Mr Edward Tilghman in writing, whether the act of Bankruptcy committed by Mr Field since the rule of court was taken out & the matters in dispute fairly entered on would render null & void any award which the referees might give."
"I take it to be settled that the Bankruptcy of a sole Plaintiff does not abate a suit and in the present instance, the suit being in the name of Aaron Burr alone, for the use of himself and John Field the Bankrupt, Mr Burr must be deemed as the Plaintiff, tho as to one half he is to be considered as a Trustee for J Field & would not be permitted by any act of his to affect the rights of J Field or his creditors."
Edward Tilghman (1750-1815) graduated from the College of Philadelphia and studied law at the Middle Temple in London before beginning a law practice in Philadelphia.

• John Field, Autograph Letter Signed, to Thomas W. Francis, February 21, [1804?], [Philadelphia]. 1 p., 7.75" x 13".
"A few days since I was surprised to learn from P Nicklsn that I had said thou was partial in the business with Wilkins. I believe it to be a charge void of foundation. I never thot so & it is very unlikely I should have said it."

• John Field, Autograph Letter Signed, to Samuel Hodgdon, Andrew Tybout, and Thomas W. Francis, February 23, 1804, Philadelphia. 3 pp., 8" x 13".
"As I am the most deeply interested in the decision of the controversy with G. Wilkins no other person can be equally anxious to have it determined, but I think it necessary to retrain that solicitude till such decision can be accomplished on fair & just principles. It has been suggested, that it is a balloon affair, but that I can assure you is not the case as it respects myself, nor as it concerns Colo Burr."

• John Field, Autograph Letter Signed, to Samuel Hodgdon, Andrew Tybout, and Thomas W. Francis, February 23, 1804, Philadelphia. 1 pp., 8" x 13".
"I subjoin a copy of my objections to your proceeding in the Reference with Gen. J Wilkins delivered you the 24 ult. to which I may add, That one of the assignees appd by the Commission of Bankruptcy in my case having declined to accept of the Trust, the other cannot act...."

• Manuscript Document, Record of Meetings of Referees, June 1, 1803 – February 23, 1804. 8 pp., 8" x 10".

• Thomas W. Francis, Autograph Document Signed, Notice of Adjournment to March 22, February 23, 1804, Philadelphia. 1 p., 8" x 6".

• John Baker, Autograph Letter Signed, to Andrew Tybout, Samuel Hodgdon, and Thomas W. Francis, March 22, 1804, Philadelphia. 1 p., 8" x 10".
"I have not yet become acquainted with the affairs of Mr John Field, and being desirous of acting with propriety and good effect in this Business I must take some time to get information before I would choose to appear on an occasion so important as the reference between Coll Burr and J. Wilkins to which it appears he is a party. I must therefore request you will not proceed until I can make myself acquainted with the subject which will probably require a month or two."

• Manuscript Document, Notice of Adjournment to April 19, March 22, 1804, Philadelphia. 1 p., 8" x 10".

• John Baker, Autograph Letter Signed, to Andrew Tybout, Samuel Hodgdon, and Thomas W. Francis, April 19, 1804, Philadelphia. 1 p., 8" x 10".
"The matter in dispute I understand is of considerable magnitude and on account of some circumstances that have arisen as well as in its own nature think it more proper for a Court and Jury. My situation being highly responsible am disposed to wave your determination of the case and carry the business into Court equitable and prudential considerations clearly point out the propriety and necessity of this mode and presuming that I am not legally bound to pursue the reference I must have declined attending had my health permitted."

• Andrew Tybout, Samuel Hodgdon, and Thomas W. Francis, Manuscript Document Signed, Judgment, April 19, 1804, Francis Hotel, [Philadelphia]. 1 p., 7.25" x 9".
"Whereupon the Referees having taken the whole matter into mature consideration, determine that the Plaintiff has no Claim on the Defendant and have agreed to award accordingly."

• Copy of Andrew Tybout, Samuel Hodgdon, and Thomas W. Francis, Manuscript Document Signed, Judgment, April 19, 1804, Francis Hotel, [Philadelphia]. 2 p., 7.25" x 9".

This item comes with a Certificate from John Reznikoff, a premier authenticator for both major 3rd party authentication services, PSA and JSA (James Spence Authentications), as well as numerous auction houses.

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