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Lot 149
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Philip Livingston, father of Declaration signer of same name, 2x signed statement objecting to inclusion of decree of guilt against town clerk in an act establishing funds for trade with the Indians at Oswego
Philip Livingston, father of Declaration signer of same name, 2x signed statement objecting to inclusion of decree of guilt against town clerk in an act establishing funds for trade with the Indians at Oswego
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Description:

Livingston Philip

One page, 7.25”x 6.25”, circa September 1728. Although no place or date is included, Livingston’s written statement is included in the minutes of a council meeting held at Fort George in New York, September 21, 1728. Per Livingston’s request, his objection was recorded although he was not in attendance. Signed at the beginning of the text, with a second signature at the closing. Bold ink on gently toned paper; the statement is closely trimmed, with a strip of paper adhered along the left margin. Small area of dampstaining affecting half a line of text.

Philip Livingston (1686-1749) was the son of Robert Livingston the Elder, and father of Philip Livingston, signer of the Declaration of Independence. Unlike his father and son, Livingston’s primary focus was on business. He was licensed to practice law, but his primary interests were in mercantile and the scope of his business included trade with the Indians and participation in the slave trade. Livingston was appointed a Commissioner for Indian Affairs in 1720, and in 1725 was appointed to the Provincial Council.

The written statement offered here was written in his capacity as a member of that Council. He had declined a seat in the assembly in 1724, as he thought actively participating in the legislature would negatively impact his business concerns. But he did make use of his influence as a member of the Council, as illustrated by the written statement offered here.

The written statement reads in full:

"Philip Livingston one of the members of this Board prays that it may be Remembered that in the Comittee [sic] upon the bill entitled an act for the Confirming the act therein mentioned with some alterations and additions, for paying Provisions and other stores and services already furnished and done for the use of the tradeing [sic] at Oswego & he did object to the clause thereof which insinuates that the Town Clerk of Albany had been guilty of a breach of an act therein mentioned and which Remitts [sic] the Penalty for that breach he being the said Town Clerk Did yesterday in Councill [sic] and bow by these presents doth Declare that he was not Guilty on any breach of that act and that he had never directly or indirectly desired any Remittance of the penalty for any breach of the said act and prays that this his Declaration may be entered into the minutes."

Provenance: This item was recently discovered in an extra illustrated volume of “History of the City of New York” by Mary L. Booth, New York W. R. C. Clark, 1867. Originally two volumes, the monumental task of expanding the work to twenty-one volumes done by none other than Emery E. Childs, Esq. of New York City. In volume one of this work exists a lovely india ink drawing of Mary L. Booth, along with a notation, “presented by her to E E C,” in pencil. Next to the title page we find an original letter of Booth to Childs dated April 4, 1872, “I am in receipt of your favor of the 4th inst., and am grateful to hear that you are taking the trouble to illustrate my History of the City of New York in the manner you describe. I shall be happy to see you, should you favor me with a call as I am usually in my office during business hours and should be pleased to facilitate your Enterprise by any means in my power.”

It is assumed that the book took several years to assemble, at which point, assumedly through Childs, it made its way to Senator Charles B. Farwell of Chicago, who took the seat of John A. Logan in 1887. Farwell had an extensive library that fortunately survived the Great Chicago Fire in 1871, having been housed in his Lakeside home. In the American Bibliopolist of November 1871, there is an article about the devastation to libraries caused by the tragedy. “Mr C. B. Farwell’s library is also fortunately far out from the city, at his country house, and is safe … The same remark will also apply to the extensive collection of books and curiosities belonging to Mr. E. E. Childs.” This establishes the Chicago connection between Childs and Farwell.

That these letters were preserved for over 140 years and having never been on the market for that period is remarkable on many levels. It is the state of being wedged in these volumes that also accounts for what is mostly the pristine state of preservation.

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