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Lot 246: c1870 Photographer David F Barry Business Card PHOTOS OF ALL NOTED INDIAN CHIEFS

Est: $400 USD - $500 USDSold:
Early American History AuctionsRancho Santa Fe, CA, USDecember 09, 2017

Item Overview

Description

Western America
"PHOTOGRAPHS OF ALL NOTED INDIAN CHIEFS."

c. 1870 Business Card of Photographer David F. Barry
c. 1870, Photographer David Francis Barry's original Printed Business Card, Choice Crisp Extremely Fine.
Original Printed Card measuring 3.25" x 2" for "D. F. Barry, 1300 Broadway, Cor. 34th Street, New York". David F. Barry's Photographer Business Card, with a wonderful illustrated "CHIEF GALL" Portrait at upper left, with text below image that reads, "PHOTOGRAPHS OF ALL NOTED INDIAN CHIEFS." Card lists a New York City address. David Frances Barry (1854-1934) was a photographer based in Bismarck, Dakota Territory, who is most noted for his photographs of famous American Indians. In 1878, he was hired by itinerant photographer O. S. Goff, with whom he eventually partnered. From 1878 to 1883, Barry traversed the Dakota Territory, making many of his most widely known photographs of American Indians, forts and battlefields, military officers, and other people in the region. In 1883, Barry opened a new studio in Bismarck, where he began photographing members of Cody's Wild West Show. This current business card is the first we have seen and offered. Certainly an important acquisition for any collector of David F. Barry photographs. For additional information see: Extremely rare and excellent for display.
David Frances Barry: Wisconsin's Frontier Photographer as Compiled by Gary John Gresl, in 2005:

David Frances Barry Timeline and Relevant Experiences Drawn from the book, "The Little Shadow Catcher" by Thomas Heski, "Indian Notes on the Custer Battle" by David Barry and edited by Usher L. Burdick, and numerous newspaper clippings supplied by the Research Librarian, Teddie Meronek, Superior Public Library.

He was called the "Little Shadow Catcher" by the Indians, due to his 5' 5" height and his miraculous ability to capture images on paper. Some whites called Barry the "Sioux Charmer", due to his friendly relations with many Natives, especially those of historical and topical importance.

1847 Edmund Barry, a young Irishman, migrated with wife to Honeoye Falls, New York state.

David born March 6, 1854 in New York. Middle name Frances in honor of his mother's father.

1861 family settled in Otsego, WI, near Portage. (Misspelled Ostego in places.)

Edmund was a shoemaker, and moved the family to Columbus, WI in 1862. The Civil War was on and Edmund took on odd jobs.

David helped an itinerant photographer who had an upstairs gallery in Columbus. This was Orlando Scott Goff, who worked out of Portage, and who was making his way Westward.

In 1871 Goff moved to Yangton, Dakota Territory, with the first photographic studio in Yankton.

He set up a studio in Bismarck in Oct. 1873.

1878 is the earliest "discovered" mention of Barry in Dakota, and Goff may have contacted Barry to assist him in the previous year, 1877. However, there is a photograph of General Armstrong Custer bearing Barry's signature, although Custer died at Little Big Horn in 1876. There is another photo of Tom Custer, brother, who also died in the battle. Did Barry use two images that Goff had captured? Goff had been close to the so called "Custer Clan" and when Barry took over some of the operation he might have gained rights to these photos, and therefore signed them.

The period between 1870 and 78 is an empty hole regarding Barry. If the Custer photos are by his own hand, he had to be in the Dakotas before June of 1876, prior to Custer's battle. This would require considerable research in archives in the Dakotas, and perhaps elsewhere, attempting to find proof that Barry was up that way prior to 78.

Goff and Barry worked together in the 70's and 80's. Goff had a gallery that was affixed to a wagon. Barry decided to make a portable gallery as well, but one that was fabricated so it could be put up and taken down at any location. It was sometimes transported on a steamboat and undoubtedly railroad. It once was reported to have been unwillingly transported by a windstorm, never to have been seen again. The photography at the time was a rigorous endeavor. It employed glass plates and heavy equipment, often transported by wagon and/or horse, and photographers had to be hearty individuals.

Barry became the proprietor of Goff's Bismarck studio and was thereafter largely on his own.

Introduction of Rain-In-The-Face, Barry's Good Friend

It has been suggested that a better translation from Sioux to English would be "His Face is Like a Storm", but Barry and his contemporaries knew him as Rain in the Face.

1874 General George Armstrong Custer and the Seventh Cavalry were ordered to conduct a reconnaissance on the Black Hills. They found fine timber, good soil, water and plenty of grass, as well as gold...leading to a gold rush that was supposedly contained by the military.

On one excursion Custer was near the Yellowstone River with his regiment in 1874. Two of his men lagged behind as they stopped to pick up mineral specimens, moss agate and petrified wood. While they did this well out of sight of the regiment, as a continuing act of war between the military and the Natives, and an Indian named Rain in the Face used a rifle to kill both these men, Dr. Holzinger and Mr. Balarian. The horses of these men eventually made their way to the balance of the regiment, and a returning search party found the bodies...but no information about the perpetrators.

A year later (1875) a war dance was given at Standing Rock Agency. During an intermission some the Indians advanced to the center of the arena and related their brave deeds, receiving applause from the audience of Natives. Present in the crowd was Charlie Reynolds, one of Custer's scouts, also known as Lonesome Charlie. He was later killed in the Battle of Little Big Horn.

A young Indian stepped into the arena and related how he had killed the two men at the Yellowstone River. This was Rain in the Face, and this episode was the flint that struck the spark leading to the Custer Battle.

Charlie Reynolds went to Fort Lincoln, headquarters of the Seventh Cavalry, and reported to General George Armstrong Custer what he had heard. Two weeks later Custer sent a hundred soldiers in the command of his brother, Captain Thomas Custer to arrest Rain in the Face.

On what was called ration day Rain in the Face appeared in the trader's store at Standing Rock to receive his rations. Waiting for him was Tom Custer, who with other soldiers captured him. Apparently Tom Custer himself grabbed Rain in the Face's arms from behind preventing him from escape.

At Fort Lincoln Rain in the Face was placed in the guard house to await the Federal court's spring term and a trial for murdering the two whites. Rain in the face managed to escape as a result of two grain thieves finding a means of egress and motioning for him to follow them. After traveling two nights he reached Standing Rock and joined his people. It appears that he and other Indians, who we might term as renegades, began to gather in increasing numbers to prepare for battle with the whites. Eventually this size of this force reached in the number of 3,000 or more. It was this force of several tribes and several chiefs that discovered Custer and other forces at or near the Little Big Horn on June 25th, 1876. Rain in the Face's actions are sometimes considered the events that led to the great battle.

Rain in the Face was maligned for his actions, and it was reported that he specifically sought out Tom Custer on the battlefield to exact revenge on the man he believed to be a coward. In fact Tom Custer's body was found to be terribly mutilated beyond a normal battlefield condition. It was reported as well that his heart had been cut out, but that was later refuted by a Dr. Porter and others who witnessed the body. Barry made a point of making it clear that these actions were conducted in a time of warfare, and that Rain in the Face did what a warrior was expected to do.

According to Barry's own accounts Rain in the Face and himself had a relationship that evolved into a very warm and meaningful one. Barry always spoke highly of the Indian's character, honesty and trustworthiness. Rain in the Face posed often for Barry, receiving in turn trades of objects or cash. He especially liked white shirts and apparently Barry kept him supplied with an ample amount.

This account is a quote from the scarce publication, "David F. Barry's Indian Notes on 'The Custer Battle'", edited by Usher L. Burdick, 1937. In Barry's words, "It is not my intention to show Rain in the Face as a brave hero, but with all his savage nature, he possessed a good heart and valued a true friend...This cruel savage, as he was called, when I left the West, took his moccasins off his feet and gave them to me, requesting me to keep them as long as I lived, and when I looked at them to think of him. When he shook hands and said goodbye, he said: 'My heart is on the ground.'"

Rain in the Face died on September 12th, 1905, and minutes before his demise he is said to have requested that Barry be told that he would do what he could for Barry on the other side. Barry is further quoted as saying, "One of the most savage and treacherous of the Sioux Indians was the truest friend I ever had, either white or red man."

Chief Gall and Barry

On the ten year anniversary of the battle, the acknowledged military leader of the Indians that day, Chief Gall, (1840-1894) was asked to relate at the actual site the movements and events of that fateful battle. Present was David Barry, acting as official photographer of the anniversary event, and no more than 7 other whites. It is related in some accounts that Barry could speak the Native language and acted as interpreter that day. It is also noted in some literature that it was Barry who persuaded Gall to participate in the anniversary event. The whites present were General E. S. Godfrey, General Benteen, Captain McDougall, Captain Edgerly, Dr. Porter, Colonel Partello, Colonel Slocum. Among the natives were Two Moons, White Bull, Crow King and Curley, the surviving Custer scout who wisely ran from the battle and survived.

Gall reported that his men were aware of the movements of several groups of the military, as Custer had split into four or more units. One of these was commanded by General Crook who had witnessed the mass of Natives on June 17th, and had acted judiciously in retreating rather than engaging the huge numbers of Indians. As it was, he still lost several men as he departed.

Gall and his men saw the largest dust cloud created by Custer and his 200 plus men. They were not surprised by the arrival of Custer and had been monitoring the movements of troops for several days before. It is clear that Custer had an opportunity to, like General Crook, retreat instead of throwing his men into a battle with thousands of Indians. Somehow he chose the path leading to the death of all living things in his regiment, save one horse...that being Comanche, the horse of General Keogh. Comanche was treated for wounds by the army, and served as an ambassador and touchstone in relating the events of the Custer Massacre.

The battle, as related by Chief Gall, took about 35 minutes to be over. He noted that the army fought bravely despite overwhelming odds, but was no contest. Gall said to the assembly of that anniversary day, when asked by Barry..."How many men did you have?" Gall looked about picturing the scene in his mind, and replied "We were as thick as the grass on the ground."

Chief Gall and Sitting Bull were allies, potentially rivals as they sought power for some different points of view. For example, Sitting Bull remained more adamant and bellicose after it became fairly clear that they could not defeat the whites. Gall and Sitting Bull drew apart, with Gall accepting the role of schools for Indians and other federal efforts to conform Natives. Some believe that the three most influential Sioux leaders were Chief Gall, Sitting Bull and Crazy Horse, all involved in the Battle of Little Big Horn. Interestingly, Crazy Horse (1849-1877) never let himself be photographed and resisted the white man's ways until his own death by bayonet as he struggled for his freedom while being taken to a guard house where he was to be incarcerated due to a misunderstanding of his intentions by General George Crook.,

After the Custer Battle, in fact in spring of 1881, Chief Gall surrendered at Fort Buford. Barry went to the Fort in order to secure a photograph of Gall. After much negotiation Gall consented to have his picture taken, but for a fee that went from an original $6 to $21, due to the malevolent actions of a described renegade interpreter names Allison who was angry at not making any money himself.

Gall chose to pose in his own manner not wishing to yield to any instruction by Barry. But Barry apparently rearranged Gall's clothing in order to reveal more of him and snapped the picture. The next day Gall demanded to see the image and then demanded to take it. When Gall attempted to go past Barry in search for the photographic plate Barry managed to shove him aside. Gall drew a knife, Barry grabbed for his pistol that was nearby, and Gall eyed the photographer ascertaining just how strong Barry felt about his position. Gradually Gall backed away and left the studio. As the presence of Gall at the anniversary event suggest, when he retold the events of the Custer Battle, he and Barry had become friends in the intervening years.

Sitting Bull and Barry

Sitting Bull is often remembered for being at the Battle of Little Big Horn. Sitting Bull (1831-1890) was a medicine man, and in that capacity an important leader. Sitting Bull had stated to Chief Gall that he had shot many soldiers, but there are statements in the record that in fact he arrived to the scene after the fighting was over. For this he was sometimes made fun of. However, Sitting Bull was a true warrior for his people with the authority of a Chieftain. He was deemed a Disturber. In his role as medicine man he called upon the Great Spirit to aid his people to defeat the whites. He participated in the Ghost Dance and otherwise agitated on behalf of his Indian nations. Statements on record prove he was a wise and insightful man, disputing some of the public perceptions about him. Here is a single quote suggesting his knowledge:

"Is it wrong for me to love my own? Is it wicked for me because my skin is red? Because I am Sioux? Because I was born where my father lived? Because I would die for my people and my country?"

And this: "Now that we are poor, we are free. No white man controls our footsteps. If we must die, we die defending our rights."

He gained the ire as well as some respect from the whites for his bold actions against them. After the particularly harsh winter of 1881, Sitting Bull, and those of his group who were still with him, finally gave themselves up to the American army. Sitting Bull was held prisoner for two years before he was moved to the Standing Rock Reservation in South Dakota. In 1885, officials released him and he joined the Buffalo Bill Wild West Show which toured in America and Europe

For a period of several years, perhaps five years or less between 85 and 90, Sitting Bull toured with the Buffalo Bill Wild West Show. He proved to be a showman, also taking advantage of his popularity by accepting cash for his numerous peace pipes and other articles. He gave many such things away in trade, and was often photographed by Barry, as well as others. While I find no specific references suggesting great affection between the two men, they obviously were cordial and shared significant time together.

On December 14, 1890, Sitting Bull was at his home at Grand River in the Standing Rock Agency. By that time he had been living with his family of two wives and several children. However, he was going to leave the morning of the 15th, with his followers, to go to Pine Ridge, Red Cloud Agency, to join the ghost dancers in that agency. He was leaving the Standing Rock Agency without a permit or pass. A Major McLaughlin ordered the Indian police to go to Grand River and arrest him. As instructed the Indian Police, including Policeman Bull Head, entered Sitting Bull's home. When Sitting Bull's son, Crow Foot, taunted his father about being resigned to the arrest, Sitting Bull pulled back. Sitting Bull was forcefully taken out of the house, and other Natives around them who were aware of the forced removal of Sitting Bull may have fired some shots. One shot struck Bull Head who turned and shot Sitting Bull, killing him. Crow Foot ran back into the house, hid under the bed, and while Bull Head said that he himself was dying from his wound, why were others letting Crow Foot live. Crow Foot was dragged from under the bed and was shot.

It may be of interest to learn that it was reported that the evening before his death, Sitting Bull had a vision from the Great Spirit that he would soon die. He told his wives about this and they reported it after the tragic event of his death.

Barry and Buffalo Bill

During the times Barry traveled with the show taking his photographs he became very good friends with Buffalo Bill. They maintained this friendship for decades, corresponding and sharing time together when possible. Of course there were other photographers who also photographed Buffalo Bill and his entourage, but this friendship between Barry and Cody may have been strengthened due to Barry's intimate knowledge gathered during his experiences in the Dakotas and his friendships with Natives. He would have gained the respect of the experienced Bill Cody.

Bill Cody was born in LeClaire, Iowa in 1846, moving to Kansas with his family as a child. He herded cattle, drove a wagon train, crossed the Great Plains more than once, was a fur trapper and gold miner, and joined the short lived Pony Express in 1860. He became an army scout after the Civil War. In December of 1872, in Chicago, at age 26, he began his entertainment career in a stage drama titled "The Scouts of the Prairie". Reviews of his acting ability were mixed, but being a showman was something he obviously loved.

The following season Cody organized his own troupe, the Buffalo Bill Combination. The troupe' show "Scouts of the Plains" included Buffalo Bill, Texas Jack, and Cody's old friend "Wild Bill" Hickok. Wild Bill and Texas Jack eventually left the show, but Cody continued staging a variety of plays until 1882. That year he conceived of his Wild West show called Buffalo Bill's Wild West and Congress of Rough Riders of the World. It was an outdoor spectacle, designed to both educate and entertain, using a cast of hundreds as well as live buffalo, elk, cattle, and other animals. In the future his exhibitions also became part of and touring with the Sells'-Floto Circus...not an agreement to his liking, but one that was coerced by a shady business partner. He also appeared with the famous Pawnee Bill and his extravaganza, Pawnee Bill also being photographed by Barry.

Buffalo Bill continued to have financial difficulties which kept him performing with other Wild West shows. He died in Denver in 1917 while visiting a sister. He had chosen to be buried on Lookout Mountain which overlooked nearby mountains and plains. The Buffalo Bill Memorial Museum, begun in 1921 by Johnny Baker, Buffalo Bill's foster son, illustrates the life, times, and legend of William F. Cody. It includes exhibits about Buffalo Bill's life and the Wild West shows, Indian artifacts, Western art and firearms.

(It was Barry who persuaded the company of the Wild West Show to come to the Superior area for two performances in mid-July of 1926. This was the combined Sells Floto Circus and Buffalo Bill Wild West Show and seems to have been arranged as part of the fiftieth anniversary of the Custer Battle).

Barry's Popularity:

Barry had articles, images and quotes published in numerous publications, including Leslie's, the Literary Digest, Sports Afield, The American Patriot, the book "Out Where the West Begins" by Zena Irma Trinka. He was consultant to a movie reenacting the Custer Battle, provided images for a book by screen actor William S. Hart in a series called the Golden West Boys, furnished the National Custer Memorial Association with the pictures used in it national publicity campaign, furnished images for a book by Usher L. Burdick as well as being the subject of a book by Burdick, created articles for the "Texas Star" published by the Texas Oil company, and had many dozens of articles written about him in Superior area newspapers including the Superior Daily Call, the Evening Telegram, Sunday Morning Leader, the Wisconsin Sunday Times, the Bismarck daily Tribune He was reported on in The Manchester England Geographical Society publication. He furnished photos for Elizabeth Custer, widow of General Custer, with whom he maintained correspondence and friendship as she wrote articles and books. His photos appeared in "In a Sacred Manner I live", by Neil Phillip. There are quotes indicating that his images and statements had appeared in publications world wide.

His reputation as a photographer and Indian expert and protagonist was spread by his association with Buffalo Bill, by his repeated contributions and attempts to keep the story about the Custer Battle and personalities involved true to the reality as he had heard and witnessed it, and by the contribution of his photographs as both art objects and historical records in important museums and collections. The Cody Museum in Cody Wyoming dedicated a bronze tablet in the Barry room housing a collection of his photographs. It is notable that during WWII, a "Victory Ship" was named in his honor. It was built by the Oregon Shipbuilding Corporation in Oregon, launched August 21, 1943.

His value as a historic figure is supported by his numerous public statements about the nature of the Indian conflicts, his correction of wrong reports of the battles and personalities, his being invited to be part of the planning committee for the 50th anniversary of the Custer Battle, the many articles and reports about or by him during his life,

Barry's Personal Life:

There is little information about Barry's wife, Margaret Young (Patti), who was born April 1, 1864. Her parent's home was in Quincy, IL. where she married David in March of 1884, well after he had begun his photographic career in frontier of the Dakotas and Wisconsin. It is stated that she occasionally traveled with Barry on his excursions. She died on August 20th, 1932, and during the last couple of years of her life was an invalid. It is noted that her illness had prevented from taking an active part in the life of Superior, and that she was "a woman of fine character and gentle nature. The couple had no children.

David himself had other misfortune later in life. He was seriously injured in Duluth when an automobile crashed in the rear end of a streetcar as he was stepping off the rear platform. In 1933 he sustained injury a leg due to a bad fall, which kept him primarily confined to his studio with short local excursions.

His finances suffered in later years, and there were times he had to sell parts of his renowned Native American artifact collection. His brother in Illinois is known to receive artifacts for cash. But Barry apparently was also prone to give parts of it away to friends, and it was noted that "he was generous to a fault". That collection, which included objects once possessed by famous Indian and white individuals, objects he purchased or was given as well as some battlefield finds, was eventually procured by the Douglas County Historical Society where it remained on display. Unfortunately the collection suffered a loss by thieves in the 1970's. It is reported by Teddie Meronek, Research Librarian for the Superior Public Library, that that collection still contains between 500 and 600 or Barry's photographs.

David Frances Barry, one of the pioneers and documenters of Western photography, was known by the Sioux and the "Little Shadow Catcher", and called by whites the "Sioux Charmer". All reports point to him as a man of outstanding character, honest and true, and a friend to many...both famous and plain. Barry died in Superior August 20th, 1934, on his 80th birthday.

Barry's Various Locations and Timeline:

David born to Irish immigrant parents in Honeoye Falls, NY, March 6, 1854

Family moved to Otsego, WI, 1861

Family moved to Columbus, WI, 1862

David met photographer Orlando Goff in or around Columbus, circa late 1860's

Goff moves to Yangton, SD. by way of Sioux City, Iowa, in 1871, and then to Bismarck in 1873.

Goff had a studio at Fort Lincoln which he closed around 1877.

Barry's whereabouts are not known during this period of 1870-78, and he emerges in the literature as a photographer assisting Goff in 1978.

Barry signed photographs of General George Armstrong Custer and Tom Custer exist, which suggests one or two things: 1. Barry was in the Dakotas before Armstrong was killed in June of 76 or 2. Barry gained rights to put his name photos taken by Goff when he took over some of Goff's professional business.

Barry reported to be in Ft. McGinnis in Judith Mountains and Ft Buford intermittently in 81-82.

1883 he was in Ft. Custer, Montana.

Feb. 22, 1889 the Dakota Territory became North and South Dakota.

It was in Ft. Buford that Barry photographed Chief Gall and had the threatening encounter, and later became good friends with him while at Standing Rock Agency

.

1883 Barry was at Fort Custer, Montana, traveling to the Custer Battlefield with his portable pre-fabricated gallery.

He marries Margaret (Patti) Young in Quincy, IL, in March of 1884.

He took over Goff's Bismarck gallery in spring of 1884.

Barry and his wife left Bismarck for Superior, WI, May 15th, 1890.

He remained in Superior from 1890-1897.

Around January 15, 1897, the Barry's moved to New York City, 1300 Broadway.

In the summer of 1889 they returned to Superior, as NYC was not providing the hoped for income.

Remained in Superior, taking part on the National Custer Committee for the Fiftieth Anniversary in 1926, with events held at the battlefield and in Billings, Montana.

In summer of 1926 the combined show of Sells-Floto and Buffalo Bill's Wild West Show put on two performances in Superior as a result of being asked by and friendship with David Barry.

In 1928-29 Superior was dubbed "the summer capital of America.

Wife dies August 20th, 1932

Barry dies March 6th, 1934.

A Partial List of Collections Including David Barry Materials:

The Smithsonian Institution

Douglas County Historical Museum

North Dakota State Historical Society

Custer Battlefield Museum

Buffalo Bill Museum in Cody, Wyoming

W.S. Hart County Museum, Newhall, CA

D.F. Barry Collection of Photographs, Denver Public Library

McCracken Research Library

Center for Holocaust and Genocide Studies, U of Minnesota

National Archives and Records Administration, College Park, MD

Library of Congress

West Bend Art Museum, West Bend, WI

Denver Public Library

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o. EAHA shall not be responsible for any errors in the bidding process, and the Bidder assumes full responsibility to ensure the Bid on a given Lot is correct. Bidders using the Internet acknowledge that due to the bidding process and speed of auctioneer it is possible to be awarded a lot in error. Instances of "awarding" a lot due to missing a bid or some other error may cause an Internet bidder to have their winning bid rescinded by the auctioneer. In such instance, the Internet bidder will be notified of the error and agrees that no further protest, or negative feedback will result on their behalf.
p. The Auctioneer shall timely announce the Hammer Price for each Lot sold at the Auction.
q. EAHA reserves the right to withdraw any Lot(s) prior to the Hammer Price being accepted by the Auctioneer.
r. No Bidder shall have a right to claim any special or consequential damages from EAHA for any reason whatsoever.
3. Bidder Registration Required.
All Bidder(s) in the Auction acknowledge and agree, as a condition to the acceptance of a Bid by the Auctioneer, that:
a. It/he/she duly registered to Bid at the Auction having fully completed and transmitted to EAHA the necessary Auction Bid form(s).
b. The invoice describing a given Lot by number shall include the Merchandise described in the Catalog by the Cataloguer.
4. Prices, Payment and Delivery.
All Bidder(s) in the Auction acknowledge and agree, as a condition to the acceptance of a Bid by the Auctioneer, that:
a. All payment(s) for Merchandise shall be made by check, money order, cashier's check, bank wire, credit card or in cash (U.S. currency only); Bidder(s) who have not established credit with EAHA must first furnish satisfactory credit references to EAHA and/or deposit at least twenty-five percent (25%) of their total Bid(s) for that Auction, or such other amount(s) as EAHA may, in its sole and absolute discretion, require before such Bid(s) will be accepted; it being understood that deposit(s) submitted will be applied to purchases and any remaining deposit(s) will be refunded upon clearance of funds.
b. A two percent (2%) Purchaser's Premium Discount will be granted on purchases paid by cash, check or money order.
c. California Sales Tax of 7.50% will be added to California residents; San Diego County residents add 7.75%.
d. Payment shall be due immediately upon receipt of notification and payment is deemed delinquent, and in default if not made in good funds in full within fourteen (14) days of the Auction Date.
e. On cash transaction(s) exceeding Ten Thousand Dollars ($10,000), a Treasury Form 8300 must be filed.
f. Lot(s) will not be shipped before all funds are fully received by EAHA.
g. EAHA reserves the right to extend credit and impose periodic charges on any accounts past due.
h. The Bidder agrees to report to EAHA any damage or breakage that occurs to Merchandise in the original Holder and packaging during shipment within 3 days of receipt of package. The original packaging MUST be saved, complete and intact, as required by the insuring company. Failure to meet either of these requirements will release EAHA of any further liability or payment for such damages.
i. Successful Bidder(s) agree to pay reasonable attorney's fees and costs incurred by EAHA to collect on any past due account(s).
j. Bid(s) will not be accepted from any individual(s) under the age of eighteen (18) years old without a parent or guardian's written consent and express acceptance of these General Terms and Conditions.
k. If a corporation is the Bidder, the authorized corporate representative must provide EAHA, at the time of registration, with proof in the form of a legal document acceptable to EAHA confirming the representative's express authority to Bid in the Auction for and on behalf of the corporation.
l. A shipping and handling charge will be added to each invoice to adequately package, ship and fully insure Merchandise. Bidder may request that EAHA increase the insured value of the purchased Merchandise above the successful Bid price for the Merchandise purchased at Auction by making a special arrangements in writing with EAHA, prior to shipment.
m. All Auction Lot Holders are for short term use and should be changed by the new buyer for proper long term storage.
5. Financial Responsibility.
All Bidder(s) in the Auction acknowledge and agree, as a condition to the acceptance of a Bid by the Auctioneer, that:
a. In the event a successful Bidder fails to make payment when due, EAHA reserves the right, in its sole and exclusive discretion, to rescind the sale or to resell the Lot(s) in a commercially reasonable manner (which may include a public or private sale); it being understood that the Bidder agrees to pay for the reasonable cost of such a sale, together with any incidental costs of sale, attorney's fees and costs, costs of the Cataloguer and any other reasonable charge(s).
b. EAHA shall have the right to offset any sums due to EAHA, and to make such offset(s) from any past, current, or future consignment(s), or purchase(s) that are in the possession or control of EAHA.
c. EAHA shall automatically have a security interest to secure any indebtedness due by a successful Bidder(s); it being understood that the Bidder consents to granting EAHA the right to file a Uniform Commercial Code "Financing Statement" to secure EAHA's financial interest.
d. If a given invoice submitted to the successful Bidder by EAHA is not paid for in full when due per the invoice terms, the unpaid balance shall accrue penalty interest at the rate of one-and-one-half percent (1-1/2%) per month until fully paid; it being understood that in such event the penalty interest rate shall exceed the interest permitted by law.
e. Bidder agrees to pay all reasonable attorney's fees, court costs and collection costs incurred by EAHA in attempting to collect past due invoice(s).
f. If the successful Bidder for a given Lot(s) consists of one or more person(s) or entit(ies), each shall be jointly and severally liable to EAHA for any payment(s) due for Merchandise purchased.
6. Guarantees of Authenticity.
Unless otherwise indicated in the Catalog, the Merchandise offered for sale at the Auction shall be guaranteed by EAHA to be authentic as described in the Catalog, and upon information and belief, is in full compliance with California Assembly Bill 1570; it being understood that SUCH GUARANTEE SHALL BE VALID FOR A PERIOD OF THIRTY (30) CALENDAR DAYS ONLY FOLLOWING the Auction Date; it being further understood that after thirty (30) calendar days, no purchased Merchandise can be returned by a successful Bidder(s) under any circumstances; it being further understood that this limited guarantee is extended only to the original Purchaser of record, and to be effective requires the timely presentation of the original sales invoice as well as verification that the item of Merchandise is in the same exact condition as when originally sold. Due to their unique handmade manufacture, Encased Postage Stamps are expressly subject to a thirty (30) day inspection and return period from the sale date after which there is no return whatsoever. After thirty (30) calendar days, should any claim regarding authenticity of the Merchandise arise, at the sole discretion of EAHA, EAHA may elect to assign any rights it has against the original Consignor it may hold. It being understood and agreed that such an assignment, if granted by EAHA, shall not be considered an obligation and EAHA and any of its employees or officers shall be completely removed from any further involvement or responsibility.


7. Descriptions and Grading.
a. Bidder(s) acknowledge that all gradings of coin and/or currency Merchandise sold in the Auction have been determined by independent grading services, and/or by EAHA; it being understood that the successful Bidder(s) acknowledge that the grading of rare coin(s), currency and other merchandise is subjective and accordingly may differ among independent grading services and among expert numismatists, and that such grading may have a material effect on the ultimate Auction value of the Merchandise.
b. EAHA shall not be responsible for the grade(s), claims, or statement assigned by independent grading services, and makes no warranty or representation regarding such grade(s) or statements whether an item is pre-certified or not (sold raw). All third party graded lots are sold "AS IS" and are not returnable.
c. Lot description(s) are based solely upon an examination of the coin(s), and are not intended to describe in detail any perceived special characteristics; it being understood that Bidder(s) acknowledge that coin grading and perception(s) are inherently subjective.
d. EAHA does not warrant the accuracy of the description(s) and the photograph(s) and the color of photograph(s) contained in the Catalog, and that the Bidder acknowledges and agrees that the actual Merchandise offered for sale may vary in size and/or scale and/or color from any photograph(s) and/or description of the Lot in the Catalog.
e. There can be no claim that any verbal description of the Merchandise, provided by EAHA or any employee, varies and/or alters the description contained in the Catalog.
f. Conservation and restoration or simply "Conservation" will be used as an active generic term to indicate professional level, quality methods having been employed to an item at some point, the exact degree and specifics will be indicated as possible. NO ITEM, having mention of CONSERVATION will be returnable for ANY reason, 30 DAYS past the date of auction, REGARDLESS OF ANY NEGATIVE COMMENTS, OF ANY TYPE, SUGGESTED BY THIRD PARTY GRADING SERVICES OR OTHERS.
g. There can be no claim regarding any item subsequently submitted to any certification service, including any non-certified (Raw) item once the initial inspection and return period has expired.
8. Disclaimer and Warranties.
All Bidders in the Auction acknowledge and agree, as a condition to the acceptance of a Bid by the Auctioneer, that:
NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE IS MADE OR IMPLIED ON ANY LOT IN THE CATALOG, AND NO WARRANTY, WHETHER EXPRESS OR IMPLIED, IS MADE WITH RESPECT TO ANY LOT EXCEPT FOR A WARRANTY OF TITLE; IT BEING UNDERSTOOD THAT ALL LOTS OFFERED FOR SALE ARE SOLD ON AN "AS IS" BASIS AND THAT THE PURCHASER CONSEQUENTLY ASSUMES ALL RISKS CONCERNING AND RELATED TO THE GRADING, QUALITY, DESCRIPTION, CONDITION, AUTHENTICITY, AND PROVENANCE OF A GIVEN LOT. NEITHER EAHA NOR THE CONSIGNOR MAKES ANY REPRESENTATION THAT THE PURCHASER OF MANUSCRIPT MATERIAL, PHOTOGRAPHS, PRINTS, OR WORKS OF ART WILL ACQUIRE ANY COPYRIGHT OR REPRODUCTION RIGHTS THERETO."
9. Waiver and Release.
All Bidders in the Auction acknowledge and agree, as a condition to the acceptance of a Bid by the Auctioneer, that:
BIDDER EXPRESSLY WAIVES AND RELEASES, AND FOREVER DISCHARGES EAHA FROM ANY AND ALL CLAIMS, RIGHTS, DEMANDS AND CAUSE(S) OF ACTIONS AND SUIT(S), OF WHATEVER KIND OR NATURE, INCLUDING, BUT NOT LIMITED TO, CLAIM(S) BASED UPON AUCTIONEER'S NEGLIGENCE, WHETHER IN LAW OR EQUITY OR WHETHER KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, WHICH BIDDER MAY CLAIM TO HAVE WITH RESPECT TO AND/OR ARISING OUT OF, OR IN CONNECTION WITH ANY CHALLENGE TO ANY MERCHANDISE PURCHASED AT THE AUCTION, THE AUCTION PROCEDURES, OR THE PURCHASE OF ANY LOT(S); IT BEING THE INTENTION THAT THIS WAIVER AND RELEASE SHALL BE EFFECTIVE AS A BAR TO EACH AND EVERY CLAIM, DEMAND, CAUSE OF ACTION AND/OR SUIT OR CONTROVERSY THAT MAY ARISE HEREUNDER OR BE RELATED TO THE AUCTION
ALL BIDDER(S) BY SUBMITTING A BID IN ANY FASHION, SIGNED OR UNSIGNED, IN THE AUCTION KNOWINGLY AND VOLUNTARILY WAIVE ANY AND ALL RIGHTS AND BENEFITS OTHERWISE CONFERRED UPON THE BIDDER BY LAW OR BY THE PROVISION(S) OF SECTION 1542 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."
10. Disputes and Arbitration.
All Bidders in the Auction acknowledge and agree, as a condition to the acceptance of a Bid by the Auctioneer, that:
a. If a dispute arises concerning ownership of a given Lot that has been Bid upon or concerning proceeds of any sale, EAHA reserves the right to commence a statutory Inter-Pleader or similar proceeding at the expense of the Consignor and successful Bidder and any other applicable party, and in such event shall be entitled to its reasonable attorneys' fees and costs.
b. Neither EAHA nor any affiliated or related company shall be responsible for incidental or consequential damages arising out of any failure of these General Terms and Conditions, the Auction or the conduct thereof and in no event shall such liability exceed the original Purchase Price, premium, or fees paid.
c. If the Bidder fails to comply with one or more of these General Terms and Conditions, then, in addition to all other remedies which it may have at law or in equity, EAHA may at its sole option either rescind the sale, retaining all payments made by Bidder as liquidated damages; it being recognized that actual damages may be speculative or difficult to compute, or sell a portion or all of the Lot(s) held by EAHA, in a quantity sufficient in the opinion of EAHA to satisfy the indebtedness, plus all accrued charges, and EAHA may sell such portion at an Auction or private sale conducted by EAHA and charge a seller's commission that is commercially reasonable. More than one such sale may take place at the option of EAHA. Notice of the sale shall be by U.S.P.S. Mail, Return Receipt Requested to the address utilized on the Bid Sheet, Auction Consignment and Security Agreement or other last known address by EAHA. The proceeds shall be applied first to the satisfaction of any damages occasioned by Bidder's breach, then to any other indebtedness owed to EAHA, including without limitation, commissions, handling charges, the expenses of both sales, reasonable attorneys' fees, costs, collection agency fees and costs and any other costs or expenses incurred.
d. It/he/she shall be liable to EAHA if the proceeds of such sale(s) insufficient to cover the indebtedness.
e. The rights granted to the Bidder(s) under the within General Terms and Conditions are personal and apply only to the Bidder(s) who initially purchase the Lot(s) at the Auction, and no rights may be assigned or transferred to any other person or entity, and any attempt to assign or transfer any such rights shall be absolutely void and unenforceable.
f. ANY DISPUTE ARISING OUT OF OR RELATED TO THESE GENERAL TERMS AND CONDITIONS, THE AUCTION OR ANY LOT, WITH THE SOLE EXCEPTION OF ACTIONS BY EAHA TO COLLECT THE PURCHASE PRICE AND OTHER DAMAGES, SHALL BE SUBMITTED TO BINDING ARBITRATION WITH THE VENUE OF ALL HEARINGS TO BE IN SAN DIEGO AND PURSUANT TO THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION AND/OR THE PROFESSIONAL NUMISMATICS GUILD ("PNG") AT"EAHA'S EXCLUSIVE OPTION.
11. Miscellaneous Terms.
All Bidders in the Auction acknowledge and agree, as a condition to the acceptance of a Bid by the Auctioneer, that:
a. These General Terms and Conditions and the Auction shall be construed and enforced in accordance with and governed by the laws of the State of California, regardless of the location of the Auction.
b. These General Terms and Conditions, and the information on EAHA's website, constitute the entire Agreement between EAHA and the Bidder(s) and supersede all other agreements, understandings, warranties and representations of and concerning the Auction and subject matter hereof.
c. EAHA will not be responsible for damage due to irradiation by the U.S. Post Office.
d. If any part of these General Terms and Conditions, or any term or provision of any part is held to be invalid, void, or unenforceable by any court of competent jurisdiction, the remaining portion(s) shall remain and be in full force and effect.
12. Definitions
a. The term "Absentee Bid" shall mean all Bids placed via any communication including: mail, phone, fax, email and website.
b. The term "Auction" shall mean an auction or consignment sale authorized and conducted under the auspices of "EAHA" and under these General Terms and Conditions.
c. The term "Auction Date" shall mean the date the Auction is conducted or consignment item is sold.
d. The term "Auctioneer" shall mean an individual(s) duly licensed and/or employee designated by "EAHA" to conduct the Auction or any Sale.
e. The term "Bid" shall mean a bona fide Bid made by a "Bidder" which is officially acknowledged and accepted by the Auctioneer at the Auction on the Auction Date.
f. The term "Bidder" shall mean an individual or entity that submits a legally binding and bona fide Bid to the Auctioneer at the Auction or any direct buyer either physical or online.
g. The term "Catalog" shall mean the official publication issued by EAHA and transmitted to potential Bidder(s) in advance of the Auction.
h. The term "Cataloguer" shall mean the individual(s) that has described the "Lot(s)" contained in the Catalog for the Auction.
i. "Conservation" the Professional activities including the careful examination as supported by expertise, research and education, in treatment of an item using, "any methods that prove effective in keeping or bringing that property in as close to its original condition as possible, for as long as possible."
j. The term "Consignment Agreement" shall mean the written agreement(s) between "EAHA" and a given "Consignor" available at "EAHA's" offices.
k. The term "Consignor" shall mean the owner of the "Merchandise" offered for sale by "Lot" at the Auction.
l. The term "Description" shall mean the written remarks describing the features of a Lot combined with the corresponding photograph of said Lot.
m. The term "www.EarlyAmerican.com" shall mean the Internet accessible service provided by EAHA.
n. The term "EAHA" shall mean collectively Early American History Auctions, Inc. and/or any subsidiary or affiliated entity and/or Officer(s), Director(s) and/or employee(s) of EAHA.
o. The term "Fair Market Value" shall mean the sale price a given Lot is expected by the Cataloguer to realize at the Auction from the Bidder(s).
p. The term "Hammer Price" shall mean the successful Bid in the Auction as determined by the Auctioneer on the Auction Date.
q. The term "Holder" shall mean the original frame, container, case or clear plastic sleeve, labeled with the "Lot" number, in which the "Merchandise" is delivered by the Consignor to the successful Bidder at an Auction.
r. The term "Lot(s)" shall mean the article(s) comprising the Merchandise offered for sale at the Auction.
s. The term "Low Estimate" shall mean the low range of the sale price that a Lot is expected by the Cataloguer to realize at the Auction.
t. The term "Merchandise" shall mean personal property described in the Catalog and offered for sale by Lot at the Auction.
u. The term "Purchaser" shall mean the successful Bidder at the Auction on the Auction Date.
v. The term "Purchaser's Premium" shall mean the commission that is automatically charged by "EAHA" to each successful Bidder at the Auction in a sum equal to twenty percent (20%) of the "Hammer Price" or twenty-five percent (25%) of the "Hammer Price" if bids are placed through a third party firm including Invaluable.com, LiveAuctioneers.com and iCollector.com.
w. The term "Reserve" is a confidential price below which the Auctioneer will not sell a given Lot, and/or will re-purchase on behalf of the Consignor or EAHA.
x. The term "Settlement Date" shall mean a time forty-five (45) days after the Auction Date.

Shipping Terms

Auction House will ship, at Buyer's expense