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Lot #88
Thomas Jefferson and James Madison

Promised Land: Jefferson grants property to a military surgeon under a controversial—and possibly unconstitutional—“church and state” act

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Description

Promised Land: Jefferson grants property to a military surgeon under a controversial—and possibly unconstitutional—“church and state” act

Partially printed DS, signed “Th: Jefferson” as president and “James Madison” as Secretary of State, one page both sides, 11.75 x 12, June 15, 1803. A document granting Solomon Halling, “late a Surgeon in the General Hospital of the United States,” a parcel of fifty acres “in pursuance of the act of Congress ... entitled ‘An Act regulating the grants of Land appropriated for Military Services, and for the society of the United Brethren for propagating the gospel among the heathen....” The reverse bears a detailed map of the land in question, including hand-colored highlights, which was “situated in ... the Military District N.W. of the River Ohio.” The act in question, passed on June 1, 1796, is remarkable for its explicit “religious” provision—in this case, directed specifically to the missionary efforts of the Society of Brethren, originally organized by the Pennsylvania Moravians and chartered by that state’s general assembly in 1787. The Act remains controversial to this day, and many legal scholars have interpreted its clear commingling of church and state interests as a violation of the U.S. Constitution. The Pennsylvania-born Halling, a Freemason who served as an Army surgeon during the Revolution, later abandoned the practice of medicine and was ordained as an Episcopal minister in 1792—perhaps qualifying for his grant under both the military and “missionary” provisions of the Act! The embossed paper seal remains intact at lower left. In very good condition, with light scattered soiling and a few faint spots, toning along folds (the soiling and toning heavier on reverse), one fold slightly touching Madison, and subtle irregularity to ink adhesion. Both signatures are otherwise clean and distinct. A seldom-encountered format of exceptional historical interest! LOA John Reznikoff/PSA/DNA and R&R COA.

Auction Info

  • Auction Title:
  • Dates: #317 - Ended January 17, 2007