RECLAIMING History
State sues to recover copy of Declaration of Independence
By SUSAN M. COVER
Staff Writer
Kennebec Journal & Morning Sentinel 12/10/2007

Staff photo by Jim Evans
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Staff photo by Jim Evans
PRECIOUS COPY: Archivist Jeff Brown must use a key-locked elevator and pull with both hands to open a heavy vault door to reach one of Maine's copies of the Declaration of Independence made in 1776. The state is suing to recover a similar copy of Declaration, sent to what is now Wiscasset, which ended up with family there and was sold to a Virginia man at an estate auction.
AUGUSTA -- Two state attorneys will head to Virginia next month in an effort to bring back a piece of Maine history.

It will be up to a judge to decide if it belongs here or in the hands of a private collector.

The item in question is a 1776 copy of the Declaration of Independence that's traveled a long and winding path over the last 231 years. After the document was signed in Philadelphia, the Executive Council of Massachusetts ordered that copies be sent to ministers and clerks throughout what was then Massachusetts, said Maine State Archivist David Cheever.

That included an estimated 39 towns in what is now Maine.

The copy at issue comes from what was once known as Pownalborough, which is the modern-day Wiscasset.

Here's what the state believes happened, according to Bill Stokes and Tom Knowlton of the Office of the Attorney General:

The declaration has been traced to Wiscasset Town Clerk Sol Holbrook, who served in that capacity from 1886 until 1929.

"Our theory is he probably never even knew he had the document," Stokes said. "When he died, it did not get passed through to the next clerk."

Stokes said people such as Holbrook, a watchmaker, often kept town records at home because there was no town office.

When he died, some of the town records ended up in the attic of a duplex occupied by his daughters, Anna Plumstead and Mildred Holbrook.

They, too, probably never knew they had such an important document, Stokes said.

After Plumstead's death in 1994, the declaration was found and sold at an estate auction.

From there, it changed hands in what Stokes described as a series of private sales, and was bought by Richard L. Adams Jr. of Virginia.

Adams' attorney, Robert Richardson, said Adams purchased the document in 2001 from a London broker for $475,000.

Some time later, former State Archivist Jim Henderson tracked the document to Virginia, but didn't know the name of the owner.

Under Maine law, all public documents are public property unless the state or local government relinquishes ownership.

Stokes said they were trying to figure out what to do when Adams filed suit in an attempt to get clear title to the document.

"Maine was threatening criminal prosecution for violating Maine statutes," Richardson said.

"Rather than have that potential, the decision was made to clear the title."

But the state believes that the town never relinquished the document, and it's a public document that should be returned to the state.

"A document that belongs to the government continues to belong to the government unless it's been abandoned," Stokes said.

The state won a similar case in 1999 when North Yarmouth's copy of the declaration was up for sale. In that case, the state intervened when the document came up at an estate auction and eventually got it back.

That copy of the declaration was found among the possessions of Nellie Leighton, a town historian.

In the Wiscasset case, the state has spent $10,000 on legal fees so far, mostly because the state had to hire attorneys in Virginia to legally appear in a Virginia court.

"We do not want public documents up for sale to the highest bidder," Cheever said. "Some things are not for sale and this is one of them."

Susan Cover -- 623-1056

scover@centralmaine.com

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previous page | next page1-10 of 19 comments:

jm of Augusta, ME
Dec 10, 2007 5:16 PM
redfish:

Actually, I think the State should distribute copies of the Declaration of Independence to every classroom so the document could be discussed in detail. As if they dared.

Citizens need to refresh their memory re: the contents of this remarkably revolutionary document. report abuse
redfish of Largo, FL
Dec 10, 2007 5:03 PM
WASTE OF THE STATES MONEY JUST A PAPPER THAT HAS LOST A LOT OF ITS MEANING OVER THE LAST 7 YEARS.report abuse
jimmy of randolph, ME
Dec 10, 2007 4:09 PM
HEY SUE, PEOPLE LIKE YOU BEING A FEMALE SHOULD BE WASHING DISHES OR TAKING CARE OF KIDS OR SOMETHING ,DONT GET YOUR PANTS ALL TIED UP IN A KNOT,PROBABLY WORKS FOR THE STATE ANY WAY,ANOTHER LOSERreport abuse
jm of Augusta, ME
Dec 10, 2007 2:00 PM
MattB:

You can add the "Patriot" Act and Susie Collins' S. 1959 legislation to your list.report abuse
MattB of Augusta, ME
Dec 10, 2007 1:52 PM
Why do we care? It's not like anyone pays any attention to the historic documents that our founding fathers spent so much time and effort crafting, (literally), at risk of life and limb. How many unconstitutional laws do we have on the books? Would we have such things as income tax, social security and medicare? Sadly, it sounds like these documents are no longer worth the paper they are printed on.report abuse
Nelson Donnell of West Gardiner, ME
Dec 10, 2007 1:27 PM
I find it kind of humorous and ironic that an American actually purchased the document in 2001 from a London broker for $475,000. I wonder if that same broker might have a copy or the original version of the 13th Amendment to the U.S. Constitution that was pillaged from Washington, D.C. during the War of 1812.

You know the one that I'm talking about, the one that dealt with the penalty for anyone receiving or partaking in the grant of a Title of Nobility.

Although it conspicuously appears that the American lawyers guild has conspired with the Bar Association in London to keep that amendment under wraps, it still doesn't change the fact that it was properly adopted by Congress in 1819 and has been found in several Maine schoolbooks dated around that time as having been included into the main text of the Articles to the Bill of Rights.

See: http://www.amendment-13.org/

Oh well, I guess that the original 13th Amendment has been made irrelevant since the passing of the Bill of Attainder amendment commonly called the 14th Amendment was dubiously passed and adopted.

Now that all of those previous grievances mentioned in the Declaration of Independence and the Articles to the Bill of Rights are now being purviewed through the provisions of the 14th Amendment and America has been converted from the land of the free to the land of the enslaved.

The only reason that I could imagine that the State would want to acquire this copy of the Declaration is so as to complete the set that is in the achieves so as to increase the value of these assets held by the State, in order to better offset their bookkeeping entries in an attempt to increase its appearance of financial stability.

After all, the STATE OF MAINE is just another corporate entity that's registered with Dunn & Bradstreet and does business on the commodities trading investment markets of Wallstreet like other corporations do. It's a business venture, that's all.report abuse
Don Chase of Winthrop, ME
Dec 10, 2007 1:05 PM
Whatever the case, Looks like Maine has had a longer history of losing stuff than we thought !report abuse
What-a-mess of Farmingdale, ME
Dec 10, 2007 12:28 PM
Oh.. sorry Ann Gary....

Ten thousand dollars wouldn't go very far at all when it comes to buying oil.
report abuse
Ann Gary of Gardiner, ME
Dec 10, 2007 11:26 AM
The state on Maine could be using that money on more improtant things. Like making sure our elderly have heating oi for the winter. $10,000 would go a long way.report abuse
Sue DeNym of Central, ME
Dec 10, 2007 10:51 AM
Hey, Jimmy-
Read the article! This has nothing to do with the museum. It's the state archives' director, David Cheever who is after the document. Why don't you get your facts straight before screaming out your ignorance. report abuse

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