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Lot #74
Delaware: Thomas McKean

Chief Justice McKean offers advice "respecting a General Warrant to search for Deserters from French Ships"

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Estimate: $4000+
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Description

Chief Justice McKean offers advice "respecting a General Warrant to search for Deserters from French Ships"

Revolutionary War-dated ALS signed “Tho. M:Kean,” one page, 8 x 9.5, July 10, 1780. Letter to "His Excellency Joseph Reed Esquire, President &c of Pennsylvania," written from Philadelphia. In full: "Inclosed your Excellency will receive the Opinion of the Judges on the questions proposed to Council by the Judge of the Admiralty respecting a General Warrant to search for Deserters from French Ships." Addressed on the reverse in McKean's own hand. Beautifully displayed in a large maroon leather presentation folder. In fine condition.

McKean wrote this letter early on in his 22-year term as chief justice of the Pennsylvania Supreme Court, during which time he customarily offered advisory opinions on legal matters to Pennsylvania's Supreme Executive Council. In this instance, the Vice Consul of France had applied to the Judge of Admiralty of Pennsylvania for a general warrant to search vessels in the Philadelphia harbor for sailors who had deserted French ships. The Court opined that 'the Judge neither can or ought to grant such a general warrant,' advising that the 'Jurisdiction of the Admiralty in this case might be justly called into question, even were the thing lawful.' A desirable letter revealing the interplay between executive and judicial branches of state government as the United States came into being.

Auction Info

  • Auction Title: Fine Autographs and Artifacts
  • Dates: #504 - Ended July 12, 2017





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