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Historic Naval Colors From the Collection of H. Richard Dietrich Jr. Auction April 30, 2012

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Page 1: Historic Naval Colors From the Collection of H. Richard Dietrich Jr
Page 2: Historic Naval Colors From the Collection of H. Richard Dietrich Jr
Page 3: Historic Naval Colors From the Collection of H. Richard Dietrich Jr

Auction:Sale 1426Monday April 30, 2012 at 6pm

Inquiries: Col. J. Craig Nannos, AUS (Ret.)[email protected]

Samuel M. ‘Beau’ Freeman [email protected]

Exhibition:Wednesday April 25 through Friday April 2710am–6pmSaturday April 28 &Sunday April 2910am–5pm

Or by appointment:Monday April 23 &Tuesday April 24

Catalogue $25

Color images of every lot are available at www.freemansauction.com

Bidding: Jessica Carter267.414.1206fax: [email protected]

Special Events: Andrew W. [email protected]

Printing by Brilliant StudioExton, Pennsylvania

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The USS Constitution at Malta. Image courtesy of US Naval Academy Museum

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Bearing the name of the venerated text embodying the fundamental law and principles of the United States, it should not come as a surprise that the USS Constitution has survived nearly as long as the country has, her undefeated record reflecting the indomitable spirit of the United States of America.

One of six frigates authorized by act of Congress in 1794, she was launched on October 21, 1797, christened by Captain James Sever. Put to sea July 22, 1798 and captained by Samuel Nicholson, the Constitution proved a quick study, capturing the Niger, the Spender and the Sandwich during the Quasi War with France (1798-1800). The Constitution’s next tour would take her across the Atlantic in opposition of the Barbary pirates who had increased their illegal seizures and demands for tribute in 1803. Captain Preble brought the war to Tripoli in August of 1804, successfully blockading the port and capturing innumerable vessels.

In the years that followed she maintained America’s truce with Algiers and Tripoli, eventually returning home in the fall of 1807. June 18, 1812 war was declared on Britain and she struck out to sea with Captain Hull at the helm. Over the course of the war she would defeat nine merchant vessels and five ships of war. Her two greatest victories came at the expense of the HMS Guerriere and the HMS Java.

The afternoon of August 19, 1812 found the USS Constitution face-to-face with the British warship Guerriere off the coast of Nova Scotia. The Guerriere’s three raised ensigns signaled it was prepared to duel, Captain Hull responded in-kind, hoisting four ensigns in response. As the Guerriere’s cannonballs ricocheted off the Constitution’s hull, the nickname, ‘Old Ironsides’ was born. The ships tangled as the Constitution’s cannonballs brought down her enemy’s mast, leaving the Guerriere an unmanageable husk. She sank, in flames, on August 20th, just one of the eventual victims of America’s ‘Ship of State.’

Five months after her signature victory, the Constitution was stationed off the coast of Brazil, under the direction of the brazen Captain William Bainbridge. December 29, 1812 found the Constitution facing off with the smaller and faster HMS Java. The Java struck first, damaging her rigging and spars and even the captain himself. As Bainbridge received a second wound, this one in the thigh, he ordered the marines in the tiller room to steer the ship. This decision proved fruitful as the larger Constitution delivered a crippling broadside, dismasting the vessel and killing its captain. The victory would lead the British

Admiralty to decree that the Royal Navy would only engage American Warships while in a squadron.

Interestingly enough, the Constitution’s final victory in the War of 1812 would occur three days after the Treaty of Ghent had been signed. Just off the Madeira Islands, the Constitution encountered two smaller British vessels, the HMS Cyane and the HMS Levant. An example of brilliant seamanship by Captain Charles Stewart, he split the two frigates, delivering a broadside to the Levant, forcing it off for repairs. This allowed the Constitution to square off with the Cyane alone, and easily defeated the smaller ship. With a squadron defeated, and most single-ship battles won by the United States Navy, the Royal Navy was forced to reengineer and re-outfit her ships.

Though her major battles were now behind her, the Constitution continued to play an active role in safeguarding American interests at home and abroad. In the years leading up to the Civil War, she served as a flagship for the South Pacific Squadron and the Mediterranean squadron, as well as undertaking a 30 month circumnavigation of the globe. On June 14, 1855, the USS Constitution cruised into the Portsmouth Navy Yard, an outdated wooden frigate in the new era of steamships, its days seemingly numbered. The stripping of her sails and light gear, her decommissioned status, all appeared to have confirmed as much. Yet an undefeated ship that ran the blockade at Boston on seven occasions was not to be defeated by the sands of time.

Recommissioned August 1, 1860 – the constitution would spend the next century and a half living up to its billing as America’s ‘Ship of State.’ Celebrating her centennial in her home harbor of Boston, ‘Old Ironsides’ would continue to inspire pride and patriotism in millions of Americans. Saved by funds raised by the public on more than one occasion, the Constitution sailed under her own power in celebration of her bicentennial in 1997. ‘Old Ironsides’ will be lauded once again this year as the nation celebrates the bicentennial of the conflict in which she played such an inspiring role, the War of 1812.

istory of the USS ConstitutionH

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March 1, 1794

The USS Constitution is ordered to be built by the Naval Act of 1794.

November 1, 1794Her keel is laid down at Edmund Hartt’s shipyard in Boston, MA.

October 21, 1797

The USS Constitution is launched.

July 22, 1798The ship is put to sea and ordered to patrol the Eastern Seaboard.

September 8, 1798She intercepts the Niger off the coast of Charleston.

October 4, 1803The Constitution arrives in Tangiers, arranging the return of American ships held by Sultan Slimane of Morocco.

August 3, 1804The Constitution begins a blockade of Tripoli harbor, destroying many Tripoline gunboats.

June 18, 1812

War is declared with Great Britain, the War of 1812 has begun.

August 19, 1812

The Constitution, under the command of Captain Isaac Hull, defeats the HMS Guerriere, leaving the British vessel an unmanageable hulk and burning it. The battle leads to the nickname ‘Old Ironsides.’

imeline

December 29, 1812

The HMS Java broadsides the USS Constitution, but Captain William Bainbridge gains the upper-hand and defeats the Java, burning it off the coast of São Salvador.

February 20, 1815

Even though the treaty of Ghent had been signed, a state of war still existed until it was ratified. Spotting the HMS Cyane and Levant, the Constitution gave chase and after separating the two, destroys the Cyane, and later overtook the Levant as well.

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The USS Constitution in Portsmouth Navy Yard, May 1858. Image courtesy of the Portsmouth Athenaeum Captain Isaac Hull. Image courtesy of The Dietrich American Foundation

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May 13, 1821

‘Old Ironsides’ departs Charlestown Navy Yard for a three year tour of duty in the Mediterranean.

February 22, 1837

In celebration of Washington’s Birthday, the Constitution, docked at Malta, raises all her ensigns, including the Broad Pennant, Brazilian and English Ensigns, captured in a painting by James G. Evans.

March 1, 1839

The USS Constitution begins her tour of duty as the flagship of the Pacific Squadron.

September 2, 1841

Raises her Brazilian Ensign in salute to Emperor Pedro II while docked in Rio de Janeiro harbor.

May 29, 1844Refitted and recommissioned, the Constitution set sail on a scheduled three year circumnavigation of the globe.

June 14, 1855The USS Constitution is decommissioned in the Portsmouth Navy Yard, the 31-star, Constitution #1 ensign is brought down.

August 1, 1860USS Constitution is recommissioned and moved to the Naval Academy.

September 21, 1897The Constitution is laid up in Charlestown Navy Yard with an uncertain future.

1906

In response to nationwide protest over the suggestion by then Secretary of Navy Charles Joseph Bonaparte that she be used as target practice and sunk, Congress partially restores the ship, spending $100,000.

1924Once again in grave condition, the nation rallies in support of ‘Old Ironsides’ including a penny donation drive by schoolchildren that raised $148,000.

May 12,1938

H. Richard Dietrich Jr. is born.

1940

President Franklin D. Roosevelt places the USS Constitution in permanent commission.

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The USS Constitution and the HMS Guerriere. Image courtesy of The Dietrich American Foundation

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1960Dietrich graduates from Wesleyan University in Connecticut.

1961President John F. Kennedy establishes the non-profit organization, Operation Sail.

1962Dietrich leaves Columbia Business School to take over operations of the Dietrich Corporation.

1963Dietrich establishes The Dietrich American Foundation to collect, research and document historically important examples of American decorative and fine art.

October, 1963The Foundation makes its first acquisition, a dinner plate of the Order of the Cincinnati, previously owned by George & Martha Washington.

July, 1964First Operation Sail gets under way in concert with New York’s World’s Fair.

1964Dietrich acquires the Parris family collection of naval colors from the USS Constitution.

May 24, 1967Dietrich purchases a 13-star flag at Charles Hamilton Auction #19 at the Waldorf-Astoria.

1967Dietrich purchases a 1st edition Star Spangled Banner.

1969Dietrich helps found the Philadelphia Museum of Art’s American Art Advisory Committee.

1970Dietrich is elected to the Philadelphia Museum of Art Board of Trustees.

1972Dietrich is named chairman of the Philadelphia Museum of Art’s American Art Advisory Committee.

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The USS Constitution. Image courtesy of The Dietrich American Foundation Virgil D. Parris inquires about new bunting, 1860

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July 4, 1976Operation Sail gets under way with Tall Ships sailing to many of our Country’s ports in celebration of the Nation’s Bicentennial.

1986

Dietrich family sells Luden’s to Hershey Foods Corporation.

1987Dietrich purchases the “Cadwalader chair” for a record sum that stands to this day.

1987Dietrich purchases a silver teapot crafted by Paul Revere, believed to be the teapot depicted in Copley’s portrait of Revere.

July 21, 1997The USS Constitution sails with Senator’s Ted Kennedy and John Kerry and Walter Cronkite from Marblehead, MA to Boston Harbor.

2002Dietrich donates the Cadwalader chair to the Philadelphia Museum of Art.

December 2006Dietrich named trustee emeritus at the Philadelphia Museum of Art.

August 2007H. Richard Dietrich Jr. passes away at his home in Chester Springs, PA, surrounded by family after a heroic battle with cancer.

March 16, 2012The War of 1812 exhibition, “Home of the Brave: The War of 1812 in Art, Story & Song,” opens at the Independence Seaport Museum.

April 30, 2012Historic USS Constitution Colors from the Collection of H. Richard Dietrich Jr. The most extensive collection of colors known to exist, 11 of which hail from the nation’s oldest naval vessel, are auctioned at Freeman’s, America’s oldest auction house.

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Freeman’s Chestnut Street window displaying the rare 13-star flag (lot 13).

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“He had immense respect for the hardships endured, the risk and the adventure of our early mariners.”

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H. Richard Dietrich Jr., 1938–2007

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H. Richard Dietrich, Jr. was a collector in every sense of the word, with a keen eye for special and unique things. During his lifetime, he created one of the largest private collections of early American art and artifacts, and established the Dietrich American Foundation in 1963 to assemble, research, document, and lend historically important examples of early American decorative and fine arts. Today, the Foundation has items on loan to nearly 30 different institutions as varied and wide-ranging as the Philadelphia Museum of Art, the State Department’s Diplomatic Reception Rooms, and the U.S. Naval Academy Museum. The Foundation can be thought of as a “lending library of objects,” placed on loan to institutions that need them for special exhibitions or to fill gaps in their collections.

Dietrich loved the ocean—the lore of the sea and its ships—since childhood, and firmly believed America’s maritime history as being front and center to its success. It was not just the critical role of commerce and naval history in the forging of an American identity, but also the incredible stories and human elements to this history. He had immense respect for the hardships endured, the risk and the adventure of our early mariners. They embodied an optimism and patriotism that Dietrich carried with him his entire life. Consequentially, the Foundation’s collection has a heavy focus in this area, and includes objects from the early American maritime industries with an emphasis on whaling and maps.

As a sailor, Dietrich spent a great deal of time on the water, as well as reading and studying maritime history and the sea—yearning for those days when work and other obligations didn’t get in the way. He took his family on regular trips to Mystic Seaport to see the artifacts and the workings of the preserved port. The tall ships were of a particular joy to him. In fact, a familiar refrain in the Dietrich household was “If you were on a ship…” This was invoked in response to complaints about cold weather or even slightly stale bread: “If you were on a ship this would have been a feast.” Mystic gave everyone a sense of exactly what that meant.

There is little wonder of Dietrich’s delight when he was able to acquire in the early 1960s many of the original naval colors that flew on the mastheads of the USS Constitution (lots 1-12). The fact that the ship is still extant, with its aura of history and heroism, allows one to think of it in even more relevant terms. Although timely repairs were necessary on her over the decades, the most significant and compelling aspect of these flags is that every stitch, every stripe, and every star is exactly what was handled by the individuals who were among those to give the ship its place in history. Dietrich acquired them with the belief that he was their steward with an obligation to preserve history and to see that they were a benefit to scholars and a help in telling America’s story. Acquired in 1967 and donated by Dietrich to the Foundation, the 13-star flag (lot 13) is a significant piece of early American history. Its stars certainly bore witness to the dawn of the new country and it instills a sense of what was possible.

ride & PatriotismH. Richard Dietrich III

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Dietrich grew up in Villanova, Pennsylvania, and turned to collecting in his teens, carefully assembling favorite books, and eventually buying first editions of Fitzgerald, Hemingway and Melville. In his twenties, his collecting focus reflected a deep and abiding interest in American history, and over the years he amassed a large collection in this area. He developed a talent for finding things for which there was not a full appreciation at the time. While still in his twenties, and after the death of his father, he took the helm of the family business. The company, Dietrich Corporation, owned Luden’s, a cough drop and candy manufacturer, as well as other holdings. He served as president until the family sold Luden’s to Hershey in 1986. Although Dietrich loved business, his true calling was collecting, historical preservation and land conservation. With a knack for reconnecting items from the past, he felt that in the proper context, objects tell fascinating stories about their time; connecting a flag to a document and to a painting could brings history into the present, making it relatable.

A closely linked passion of Dietrich’s was the preservation of farmland and open space, especially in his beloved Chester County, outside Philadelphia. He helped provide early and ongoing support to start local land trusts and preservation efforts, and personally bought environmentally and historically significant tracts of land to keep them out of the path of development. His own home (above), built in 1721, was used as a Revolutionary War hospital during the battle of Valley Forge. The house, and surrounding land, became his inspiration to piece together and study the physical remnants of history.

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Breou’s 1883 map of Chester County. Image: Malvern Maps

Arkadia, home of H. Richard Dietrich Jr. Chester Springs, PA

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Dietrich lived a richly varied life as a businessman, philanthropist, preservationist, and most significantly, collector. He served on numerous boards and associations, including the Philadelphia Museum of Art, the American Museum in Britain, the Rosenbach Museum and Library, the U.S. Department of State Fine Arts Committee, the University of Pennsylvania School of Veterinary Medicine, as well as Wesleyan University. It was a life filled with an unabiding love of history, art, the land, of things maritime, of travel, and of time with family and friends. He saw the USS Constitution as a defining symbol of America’s ascension on the world stage, and born of a time when the United States was trying to grow and prosper, with the sea as key to the new nation’s wealth. These colors, with every inch of fabric original and faithful to this belief, have acquired another chapter in their long history—that of being preserved and loved for a while and in the hands of a true American patriot.

USS Constitution Colors from the Collection of H. Richard Dietrich Jr. 13Flags fly on the USS Constitution. Image courtesy of The Dietrich American Foundation

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14Lot 7

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To pay the bills of the newly established government of the United States under President George Washington, it was necessary to have income from foreign commerce. Secretary of the Treasury Alexander Hamilton was aware of that reality as were some members of Congress. Therefore, Congress passed legislation establishing a system of tariffs and custom houses to collect that income. The Revenue Cutter Service, later renamed the Coast Guard, was established to patrol the nation’s coastline to prevent smuggling and to enforce the laws of Congress.

This was also the time when Great Britain was involved in a long war with France, and the United States as a neutral nation experienced losses when ships, cargoes and sailors were captured while attempting to trade with various countries. In addition, vessels from the Barbary States in North Africa seized American ships and held their crews for ransom. Eventually in 1798 the Congress established the United States Navy to protect American commerce. This was done amid an undeclared naval war with France. When that conflict ended the U.S. Navy commenced operations against some of the Barbary states. These actions ended attacks on American shipping and led to negotiations that freed sailors in captivity. To ensure that American commerce would be protected in the future, the U.S. Navy established the Mediterranean Squadron. Its mission was to cruise those waters and make periodic stops at various ports and to resolve any issues relating to American interests in the area.

The Navy Department also issued orders, rules and regulations regarding the duties of the officer in charge of the Mediterranean Squadron. That officer, who was a captain, was designated by the honorary rank of commodore. The warship in which he was stationed was indicated by a blue swallow tailed flag known as a burgee which was flown from the top of the main mast. In the navy this flag was known as a broad pendant or pennant. Similar flags, one of red and the other of white, were authorized for those commodores who were second and third in seniority to the one entitled to display the blue broad pendant. While the Navy Department prescribed a plain blue broad pendant, there is evidence that many commodores added white stars to them according to the number of states then in the federal union. There is also evidence that in at least one instance a miniature United States flag adorned a pennant. Some blue broad pendants were also in pennant form.

quadron Flags of the 19th Century U.S. NavyDr. Harold D. Langley, Curator Emeritus of Naval History, Smithsonian Institution, Washington D.C.

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As the United States commerce and influence abroad grew in the first half of the 19th Century, the number of U.S. Navy squadrons increased. By 1842 the Mediterranean, Brazil, Pacific, East India, Home and Africa Squadrons were in operation. The Home Squadron sailed along the nation’s Atlantic Coast and in the Gulf of Mexico. The Africa Squadron cruised off the western coast of that continent. Its mission was to intercept slave ships that flew the U.S. flag. With the growth of squadrons there was, of course, an increase in the use of squadron burgees. It was also in 1842 that the Secretary of the Navy began to rotate the squadrons to improve the health and morale of those serving in them. The arrival of two squadrons at the same port or navy yard sometimes raised questions of seniority and protocol among the respective commodores. The Secretary of the Navy had to issue orders to resolve such situations. The increased use of squadrons also led to an attempt by the Navy Department to standardize the design of the burgees. While some commodores flew plain blue burgees on their flagships, others continued to decorate theirs with stars. According to some accounts this state of affairs prevailed through the Civil War years. After that there were new designs for a different navy and changes in the number and use of squadrons.

When one thinks of sailing ships and treasure, the mind may wander to a vision of a ship under sail and a treasure chest on a distant island. In this case, however, the conservationism of a prominent 19th century New England family and the passion of a noted 20th century American philanthropist has protected and preserved twelve treasures of American History that we at Freeman’s are now proud to present to all of America.

From research to date, we believe this to be the oldest and truly largest extant grouping of late 18th and early 19th century colors from a United States naval frigate.

Based on the earliest examples to the last date of use within the collection, the national ensigns would have flown during an approximate 40 year span of service on the ship. The earliest ensign was authorized to be flown in December of 1816 and the last pattern was one used officially by naval vessels until May 1858. In reviewing the ship’s service and the bracket of years the flags would have seen use, it is determined from a review of all the documents that this group was removed from the ship’s flag locker when the ship was out of commission, floating in the Portsmouth Navy Yard between June of 1855

reasures of the SeaColonel J. Craig Nannos, AUS (Ret.). Consulting Specialist, Freeman’s

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and August of 1860. That this significant portion of the ship’s flag locker was retained as a group is truly remarkable and until this material was brought to the public eye, an unknown occurrence. The unique aspects of so many important ensigns from the historic and military past of this ship make this a priceless collection. It could never be replaced or duplicated and thus plays a critical role in retaining the early material culture of a ship known for its involvement in many pivotal moments in the nation’s as well as world history. The entire collection, when including the commissioning pennants, spans over half a century of naval history.

As the new nation began to trade with the world community, it soon became apparent that there was a need to protect the nation’s commerce and the ships and men who were at the center of this industry. The new nation’s government then authorized and established the United States Navy. There were three ships constructed and commissioned, in the last decade of the 18th century. These were the United States, Constellation, and Constitution. Our nation’s oldest and still in-service frigate is the USS Constitution, the only remaining member of this original family. Her history and the valor of her crew on the high seas is known by all who cherish our country’s military history. Designed by Joshua Humphrey of Philadelphia, she was launched in 1797. Noted in the naval community he was selected to design the ships and in the process he developed plans for a greater speed and a stronger hull than other frigate size ships of the period. ‘Old Ironsides,’ fulfilled and substantiated the validity of the design.

She became the pride of the nation with heroic exploits from her earliest days in active service, gaining worldwide recognition. This recognition and national pride played an important role in having the country, actually its people, persuade the Navy to retain her after she became obsolete for service as a combat vessel.

Virgil Delphini Parris, born of a prominent Maine family, was appointed “Keeper of Stores” at the Portsmouth Navy Yard in May of 1858. This important position made him responsible for the resources at this government facility at a time when budgets were tight. Coming into Portsmouth the Constitution was decommissioned from active duty June 14th, 1855, and left facing an uncertain future. During this a period of transition Virgil Parris was informed that her “light gear” – sails, rigging, spars, hull timbers, and various instruments as well as all flags – including small boat and signal were to be removed and condemned as “unfit for service” and ordered sold at public auction. Virgil Parris obtained the colors and his family retained them into the mid 20th century. This concern and desire to care for them was passed on by the last member of the family, when in his 70’s, he consigned them to a Maine antique dealer with the purpose of finding a new caretaker. Included with the collection are family correspondence and some original documents from the initial appointment of Virgil Parris, to correspondence between the antique dealer and H. Richard Dietrich Jr.

The grouping consists of four very significant and extremely early and rare US ensigns. The earliest being the ship’s 19-star ensign with official usage from December 1816 to December 1817. The next example is also a very rare 28-star ensign with modification, at sea, by the addition of two stars to continue her usage and life span as an updated ensign.

We also have her last main prior to decommissioning, the number #1 ensign, a 31-star ensign. The captain’s log from June 14, 1855 states, “Hauled down the colours and the ship was put out of commission.”

The tight budget of the United States Navy in the late 18th and through the 19th century led all useful material to be reused until it could no longer be allocated for any purpose, a valid reason why very few early colors still exist. The wear, repair and condition of the examples in the collection substantiate the Navy’s frugal economic action.

Ship’s colors or sails were constantly being repaired for continued use. All of the colors in this rare and unique collection show repairs to continue service. In examining the colors we find numerous repairs using bunting from other colors that were taken apart. Stripes were removed and used to continue the service of another ensign, we find the unique 28-star ensign having two stars added, and we note the heavy canvas hoist material removed from earlier ensigns, once obsolete, for other purposes on shipboard. The ship’s last ensign remained intact as it was lowered and its service ended when the ship was dry docked.

Also found in the collection, is the oldest known example of a US Commodore’s Broad Pennant, an example used from 1837 to 1845 based on 26 stars placed on the dark blue swallow tailed color. The hard service at sea, reuse of the fabric and economic nature of the Navy explain why no other such grouping is known to exist.

The earliest naval ensign from Dietrich’s collection, but not from the USS Constitution, is a superb and also extremely important 4-5-4 patterned canton with 8 stripes example of a 13-star American naval flag. Based on its construction and fabric this could date from the very late 18th century or the early 19th century. From 1777 to 1818 both the number of stars and stripes were mutable and a great variety is found in period paintings. The star pattern is an early pattern while 8 stripes are most unusual. The color was obtained at auction in New York City and by itself is really a wonderful example and a very important piece of Americana.

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Lot 6

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lots 1–13

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In June of 1855, the USS Constitution sailed to the Portsmouth Navy Yard at Kittery, Maine and was decommissioned. In a dilapidated state, the ship was declared unseaworthy and most of its contents condemned as unfit for service. Little was done to the USS Constitution until orders were received to recondition the vessel to a training ship for the Naval Academy. At that time all masts, sails, fittings, small boats and lighter gear were removed (and the USS Constitution was gutted). Among the articles removed from the ship were a small group of naval flags. These flags and other condemned items were ordered to be sold at public auction at the Portsmouth yard (the planking was sent to auction at the New York Navy Yard). The date for this auction is not recorded but it is interesting to note that the Portsmouth Shipyard and Dock Misc. fair copy book, in the National Archives, Boston Branch, records that on 27, May 1858, an order of bunting for new flags for the Constitution was sent to Boston.

rovenance uss constitution colors: lots 1–12Lynda A. Cain, Vice President, Freeman’s

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The USS Constitution. Image courtesy of The Dietrich American Foundation

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The flag locker from the USS Constitution was purchased at auction at the Portsmouth Navy Yard by Virgil Delphini Parris (1807-1874) of Oxford, Maine. A lawyer, former state senator of Maine, United States Marshall for the state of Maine, Parris was appointed The Naval Store Keeper for the Portsmouth Navy Yard, Kittery, Maine in May of 1858. According to an article published in Old Time New England, Vol.LXIII, No. 3 January – March 1973, by one of Virgil’s sons, Percival J. Parris (1849-1945), Parris was a collector, not only of coins and natural history but also of antiquities. A passionate Jacksonian Democrat, Parris retired from Portsmouth Navy Yard post with the inauguration of Abraham Lincoln.

The USS Constitution flags descended in the Parris family, South Paris, Maine, until 1964 when Parris’ grandson Ken, last of the Parris’, put the group up for sale. He wrote in a letter, of May 24, 1964, that the flags remained untouched in “the same wooden chest …from the years 1874 until 1939 or 40.”

The flags came to the attention of antique dealers Elinor and Horace Gordon, of Villanova, Pa through friends and antique dealers, Dort and Julie Bigg of Turner Center, Maine. The Gordons made arrangements for the sale of the USS Constitution naval colors to H. Richard Dietrich, Jr. in the summer of 1964.

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Virgil Parris ledger for Portsmouth Navy Yard, 1861. Virgil Parris. Image courtesy of History of Paris, Maine

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1Rare English Naval Red Ensign of the USS Constitutionfirst half 19th centuryHoist inscribed, “Constitution” and “Vandalia’s English Ensign,” comprised of wool bunting, all hand sewn.H 13’ 2” x W 20’ 8”note: The pattern of this English Red Ensign was used from 1801-1854. The Red Ensign was flown as a courtesy by American ships when visiting British ports or returning a salute from a Royal Navy warship. This ensign may have come to the USS Constitution in 1848 when Captain John Gwinn III (1791-1849) took command of the ship. He had previously served as Captain of the USS Vandalia.$30,000-50,000

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2Rare Imperial Brazilian Ensign of the USS Constitution possibly rufus m. yale, newburyport or boston, ma circa 1835The canvas hoist inscribed, “R.M. Yale 41,” and “Constitution’s Brazilian Ensign,” in ink and also marked to the “USS Ohio”, comprised of widths of umber and green wool bunting with central appliquéd cotton lozenge with hand-painted appliquéd cotton and wool bunting coat of arms of Imperial Brazil: the royal crown surmounting a shield with an Order of Christ cross, armillary sphere enclosed by ring with 12 stars, within crossed fronds, hand sewn throughout.H 12’ 1” x W 18’ 10” $30,000-50,000

note: A courtesy ensign flown when visiting a Brazilian Port or returning a salute from a Brazilian warship, this may be the earliest example of Brazil’s naval color. Per the USS Constitution’s captain’s log, this Imperial Brazilian Ensign was hoisted on September 2, 1841 in salute of Emperor Pedro II of Brazil as he passed through the Rio de Janeiro harbor and likely again in 1844 when the USS Constitution sailed US Ambassador Henry A. Wise (1806-1876) to his post in Rio de Janeiro. The maker of the ensign may have been Rufus M. Yale. Born in Yarmouth, Maine, 1823, Yale went to sea as a young man, returning in 1840 to Newburyport, MA to learn the craft of sail and flag making. He eventually moved to Boston where he established R.M. Yale & Co. in 1847.

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3Rare French Republic Naval Commissioning Pennant of the USS Constitutionlate 18th centuryThe hoist inscribed, “French,” comprised of wool bunting in blue, red and white, all hand sewn.H 5” x W 37’note: This Commissioning Pennant is extremely rare and possibly of a French ship from the Quasi-War with France 1798-1800. $15,000-20,000

“every stitch, every stripe, and every star is exactly what was handled by the individuals who were among those to

give the ship its place in history”

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4Three Pound ProjectileThree Pound Cannonball from a swivel gun removed from the hull of the USS Constitution.2 1/2 “ diameter.$300-500

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(Actual size)

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5Rare 31-star United States Ensign of the USS Constitutioncirca 1851Hoist inscribed, “Constitution No. 1,” comprised of wool bunting and appliquéd cotton stars, all hand sewn, 13 stripes.H 11’ 4” x W 15’ 3”$150,000-250,000

note: This may have been the last ensign flown on the Constitution before the ship was decommissioned in 1855 at the Portsmouth Navy Yard. The Inscription “Constitution No. 1” refers to the size of the flag, No. 1 being the ship’s largest ensign. The arrangement of the stars is the same pattern as on the ensign used by Commodore Perry on his famous trip to Japan in 1853.

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6Rare 28-star United States Ensign of the USS Constitution ‘Texas Flag’circa 1846Comprised of wool bunting, with 28 appliquéd cotton stars, two slightly larger stars - later additions, thirteen stripes, hand sewn throughout, without hoist.H 12’ 9” x W 20’ 1”$100,000-200,000

note: 28 Star flags were made in the year 1846 with the admission of Texas. This flag was modified, possibly at sea, for continued use by the addition of two stars with the admission of Iowa in 1847 and Wisconsin in 1848.

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7United States Commodore’s Pennant of the USS Constitution for a small boatcirca 1850Of swallowtail form comprised of dark blue wool bunting appliquéd with a single cotton star, hand-sewn throughout.H 36” x W 35”note: Based on the relative small size of this pennant, this was probably used on a small boat used to convey a commodore from ship to harbor dock or from ship to ship. $4,000-6,000

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“The sight of that historic frigate, with it’s tall spars and black guns, stirred

my imagination and made American history come alive for me.”

President John F. Kennedy

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8Rare Commodore’s Broad Pennant from the USS Constitutioncirca 1837The hoist inscribed, “Constitution bradd pendend,” of a swallowtail form, comprised of dark blue wool bunting with twenty-six appliquéd cotton stars, hand sewn throughout.H 8’ 9” x W 19’ 5” note: This is believed to be the earliest example of a Commodore’s broad pennant. The pennant was raised on the ship of a commodore when he took command of a squadron and remained on the ship as long as the he was in that position. This Broad Pennant dates from the period when the Constitution served as the flagship of both the Mediterranean Squadron (1837-1838) and the Pacific Squadron (1839-1842) under Commodores Jesse Duncan Elliot and Daniel Turner.$150,000-250,000

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9Rare 19-star United States Ensign of the USS Constitutioncirca 1816Comprised of wool bunting with 19 appliquéd cotton stars and nine full and two fragmentary wool bunting stripes remaining, hand sewn throughout.approx. : H 10‘ 6 “x W 16’ 8 “$100,000-200,000

note: The earliest and one of the rarest colors in the USS Constitution collection, 19 star flags were authorized for use for one year, from December 1816 to December 1817. The following year Congress passed the Third Flag Act of 1818 which stated ,” That from and after the fourth day of July next, the flag of the United States be thirteen horizontal stripes, alternate red and white: that the union be twenty stars, white in a blue field and be it further enacted, that on the admission of every new state into the Union, one star be added to the union of the flag; and that such addition shall take effect of the fourth day of July then next succeeding such admission.”

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1011-star United States Commissioning Pennant of the USS Constitutionlate 18th century to mid 19th centuryComprised of wool bunting with 11 appliquéd cotton stars remaining, hand sewn throughout.Overall dimension: H 51/4” x W 28’ 11”$10,000-20,000

118-Star Commissioning Pennant of the USS Constitution (fragment)late 18th to mid 19th centuryCanvas hoist with rope and toggle, wool bunting with eight appliquéd stars, fragment of wool bunting stripes, hand-sewn throughout.H 4 3/4” x W 7’ 5”$5,000-10,000

12United States Ensign of the USS Constitution (fragment)1847-1854Comprised of wool bunting retaining 29 cotton appliquéd stars, fragmentary stripes, hand- sewn throughout.H 5’ 2” x W 12’ 10” note: Any ensign or fragmentary ensign dating to the first half of the 19th century is extremely rare. According to an 1812 receipt from the USS Chesapeake, American ships of the line carried six ensigns on board, four at approximately 11 feet 5 inches by 20 feet and two smaller at 8 feet 8 inches by 16 feet. The material, British single ply wool bunting woven in a plain loose weave and the large size, allowed the ensign to wave in the slightest breeze and dry quickly when wet. The daily exposure to wind sun and rain at sea however reduced most naval flags to tatters during a cruise.$10,000-20,000

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13Rare 13-star American Naval colorlate 18th/early 19th centuryComprised of wool bunting and 13 appliquéd cotton stars arranged in a 4-5-4 configuration, and constructed with only eight stripes, hand sewn with cotton thread throughout.H 6’ 1” x W 10’ 10” provenance: Acquired by H. Richard Dietrich Jr. in the early years of his collecting.Estimate Upon Request

note: The 13-star flag is the earliest and one of the rarest colors in the collection. The Third Flag Act of 1818 stated, ”That from and after the fourth day of July next, the flag of the United States be thirteen horizontal stripes, alternate red and white: that the union be twenty stars, white in a blue field and be it further enacted, that on the admission of every new state into the Union, one star be added to the union of the flag; and that such addition shall take effect of the fourth day of July then next succeeding such admission.”

end of sale

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Terms & Conditionsall property offered and sold (“property”) through samuel t. freeman & co, (“freeman’s”) shall be offered and sold on the terms and conditions set forth below which constitutes the complete statement of the terms and conditions on which all property is offered for sale. by bidding at the auction, whether present in person or by agent, by written bid, telephone, internet or other means, the buyer agrees to be bound by these terms and conditions.

1 Unless otherwise indicated, all Property will be offered by Freeman’s as agent for the Consignor.2Freeman’s reserves the right to vary the terms of sale and any such variance shall become part of these Conditions of Sale.3Buyer acknowledges that it had the right to make a full inspection of all Property prior to sale to determine the condition, size, repair or restoration of any Property. Therefore, all property is sold “AS-IS”. Freeman’s is acting solely as an auction broker, and unless otherwise stated, does not own the Property offered for sale and has made no independent investigation of the Property. Freeman’s makes no warranty of title, merchantability or fitness for a particular purpose, or any other warranty or representation regarding the description, genuineness, attribution, provenance or condition to the Property of any kind or nature with respect to the Property.4Freeman’s in its sole and exclusive discretion, reserves the right to withdraw any property, at any time, before the fall of the hammer.5Unless otherwise announced by the auctioneer at the time of sale, all bids are per lot as numbered in the printed catalogue. Freeman’s reserves the right to determine any and all matters regarding the order, precedence or appropriate increment of bids or the constitution of lots.6The highest bidder acknowledged by the auctioneer shall be the buyer. The auctioneer has the right to reject any bid, to advance the bidding at his absolute discretion and in the event of any dispute between bidders, the auctioneer shall have the sole and final discretion either to determine the successful bidder or to re-offer and resell the article in dispute. If any dispute arises after sale, the Freeman’s sale record shall be conclusive in all respects.7If the auctioneer determines that any opening or later bid or any advance bid is not commensurate with the value of the Property offered, he may reject the same and withdraw the Property from sale.8Upon the fall of the hammer, title to any offered lot or article will immediately pass to the highest bidder as determined in the exclusive discretion of the auctioneer, subject to compliance by the buyer with these Conditions of Sale. Buyer thereupon assumes full risk and responsibility of the property sold, agrees to sign any requested confirmation of purchase, and agrees to pay the full price, plus Buyer’s Premium, therefore or such part, upon such terms as Freeman’s may require.

9No lot may be removed from Freeman’s premises until the buyer has paid in full the purchase price therefor including Buyer’s Premium or has satisfied such terms that Freeman’s, in its sole discretion, shall require. Subject to the foregoing, all Property shall be paid for and removed by the buyer at his/her expense within ten (10) days of sale and, if not so removed, may be sold by Freeman’s, or sent by Freeman’s to a public warehouse, at the sole risk and charge of the buyer(s), and Freeman’s may prohibit the buyer from participating, directly or indirectly, as a bidder or buyer in any future sale or sales. In addition to other remedies available to Freeman’s by law, Freeman’s reserves the right to impose a late charge of 1.5% per month of the total purchase price on any balance remaining ten (10) days after the day of sale. If Property is not removed by the buyer within ten (10) days, a handling charge of 1% of the total purchase price per month from the tenth day after the sale until removal by the buyer shall be payable to Freeman’s by the buyer; Freeman’s shall charge 1.5% of the total purchase price per month for any property not so removed within 60 days after the sale. Freeman’s will not be responsible for any loss, damage, theft, or otherwise responsible for any goods left in Freeman’s possession after ten (10) days. If the foregoing conditions or any applicable provisions of law are not complied with, in addition to other remedies available to Freeman’s and the Consignor (including without limitation the right to hold the buyer(s) liable for the bid price) Freeman’s, at its option, may either cancel the sale, retaining as liquidated damages all payments made by the buyer(s), or resell the property. In such event, the buyer(s) shall remain liable for any deficiency in the original purchase price and will also be responsible for all costs, including warehousing, the expense of the ultimate sale, and Freeman’s commission at its regular rates together with all related and incidental charges, including legal fees. Payment is a precondition to removal. Payment shall be by cash, certified check or similar bank draft, or any other method approved by Freeman’s. Checks will not be deemed to constitute payment until cleared. Any exceptions must be made upon Freeman’s written approval of credit prior to sale.In addition, a defaulting buyer will be deemed to have granted and assigned to Freeman’s, a continuing security interest of first priority in any property or money of, or owing to such buyer in Freeman’s possession, and Freeman’s may retain and apply such property or money as collateral security for the obligations due to due to Freeman’s. Freeman’s shall have all of the rights accorded a secured party under the Pennsylvania Uniform Commercial Code.

10Unless the sale is advertised and announced as “without reserve”, each lot is offered subject to a reserve and Freeman’s may implement such reserves by bidding through its representatives on behalf of the Consignors. In certain instances, the Consignor may pay less than the standard commission rate where Freeman’s or its representative is a successful bidder on behalf of the Consignor. Where the Consignor is indebted to Freeman’s, Freeman’s may have an interest in the offered lots and the proceeds therefrom, other than the broker’s Commissions, and all sales are subject to any such interest.11No “buy” bids shall be accepted at any time for any purpose.12Any pre-sale bids must be submitted in writing to Freeman’s prior to commencement of the offer of the first lot of any sale. Freeman’s copy of any such bid shall conclusively be deemed to be the sole evidence of same, and while Freeman’s accepts these bids for the convenience of bidders not present at the auction, Freeman’s shall not be responsible for the failure to execute, or, to execute properly, any pre-sale bid.13A Buyer’s Premium will be added to the successful bid price and is payable by the buyer as part of the total purchase price. The Buyer’s Premium shall be: 25% on the first $50,000 of the hammer price of each lot, 20% on the portion from $50,001 through $1,000,000, and 12% thereafter.14Unless exempted by law from the payment thereof, the buyer will be required to pay any and all federal excise tax and any state and/or local sales taxes, including where deliveries are to be made outside the state where a sale is conducted, which may be subject to a corresponding or compensating tax in another state.15Freeman’s may, as a service to buyer arrange to have purchased property posted and shipped at the buyer’s expense. Freeman’s is not responsible for any acts or omissions in packing or shipping of purchased lots whether or not such carrier recommended by Freeman’s. Packing and handling of purchased lots is at the responsibility of the buyer and is at the entire risk of the buyer.16In no event shall any liability of Freeman’s to the buyer exceed the purchase price actually paid.

17No claimed modification or amendment of this Agreement on the part of any party shall be deemed extant, enforceable or provable unless it is in writing that has been signed by the parties to this Agreement. No course of dealing and no delay or omission on the part of Freeman’s in exercising any right under this Agreement shall operate as a waiver of such right or any other right and waiver on any one or more occasions shall not be construed as a bar to or waiver of any right or remedy of Freeman’s on any future occasion.18These Conditions of Sale and the buyer’s, the Consignor’s and Freeman’s rights under these Conditions of Sale shall be governed by, construed and enforced in accordance with the laws of the Commonwealth of Pennsylvania and Consignor and Buyer agree to the exclusive jurisdiction of the Philadelphia, Pennsylvania Court of Common Pleas and the United States District Court for the Eastern District of Pennsylvania.

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Purchase removal, shipping and offsite storage information

To ensure the safety of your lot(s) Freeman’s requests payment in full and removal of property within 10 business days of the sale date. Collection hours are Monday–Friday, 9:30–4:30pm. For larger items, please email [email protected] to schedule a loading dock appointment. For purchase release to persons not listed on your invoice, 3rd party authorization is required. Please mail or fax, 215.599.2240, a signed letter stating sale, lot, successful bidder and name of 3rd party collecting property. Freeman’s does not handle packing or shipping. The shippers listed below have worked with Freeman’s clients in the past and will be happy to provide you with quotes for the packing and shipping of your property.

VG Packaging LLCContact: Gordon G Murray II12 Salem RoadSchwenksville, PA 19473Tel: 484-552-8741Fax: [email protected]

UPS StoreContact: John Bohach51 North 3rd StreetPhiladelphia, PA 19106Tel: 215.629.4990Fax: [email protected]

Mr. C’sContact: Charles CohenTel: [email protected]

Cadogan Tate Fine ArtCadogan House, 41-20 39th StreetSunnyside, New York 11104Tel: 718.706.7999Fax: [email protected]

Craters & Freighters4110 Butler Pike, Suite A-101APlymouth Meeting, PA 19462Tel: 610.397.0488Tel: 866.397.0488Fax: [email protected].

Mastrocco Jr. Moving & StorageContact: Roseanne1060 Louis DriveWarminster, PA 18991Tel: 215.491.0346Fax: [email protected]

Aiston Fine Art ServiceP.O. Box 3434Grand Central StationNew York, NY 10163Tel: 212.715.0629Fax: [email protected]

Atelier Art Services103 East Sharpnack StreetPhiladelphia, PA 19144215.842.3500

Mizzentop ETS1409 Beaver Valley PikeP.O. Box 196Refton, PA 17568Tel: 717.786.8809Fax: [email protected]

Old City MoversContact: John Ziemba1324 North 4th StreetPhiladelphia, PA [email protected]

The Packaging StoreContact: Duane Freed2333 West Main StreetLansdale, PA 19446Tel: 215.361.6940Fax: [email protected]

FURNITURE & LARGER ITEMS:For larger pieces where delivery time is not the primary concern, we suggest getting your items freighted:www.plyconvanlines.comwww.nwdelivery.comwww.freightquote.com

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Important Informationfor Buyers

Registration

All potential buyers must register for the sale prior to placing a bid. Registration information may be submitted in person at our reception desk, by fax or through our website at www.freemansauction.com. We will require proof of identification and residence and may require a credit card and/or a bank reference. By registering for the sale, the buyer acknowledges that he or she has read, understood and accepted Freeman’s Terms and Conditions of Sale.

Buyer’s Premium

A Buyer’s Premium will be added to the successful bid price and is payable by the buyer as part of the total purchase price. The Buyer’s Premium shall be: 25% on the first $50,000 of the hammer price of each lot, 20% on the portion from $50,001 through $1,000,000, and 12% thereafter.

Sales Tax

All items in the catalogue are subject to the 7% Pennsylvania and Philadelphia sales tax. Dealers purchasing for resale must register their tax numbers on current PA forms. Forms should be submitted to our Client Services office on the second floor.

Catalogue Descriptions

All item descriptions, dimensions and estimates are provided for guidance only. It is the buyer’s responsibility to inspect all lots prior to bidding to ensure that the condition is to their satisfaction. If potential buyers are unable to inspect lots in person, our specialists will be happy to prepare detailed Condition Reports on individual lots as quickly as possible. These are for guidance only, and all lots will be sold “as is” as per our Terms and Conditions of Sale.

Bidding

At the sale Registered bidders will be assigned a bidder number and given a paddle for use at the sale. Once the first bid has been placed, the auctioneer asks for higher bids in increments determined by the auctioneer. To place your bid, simply raise your paddle until the auctioneer acknowledges you. The auctioneer will not mistake a random gesture for a bid.By phone A limited number of telephone lines are available for bidding by phone through a Freeman’s representative. Phone lines must be reserved in advance. Requests must be submitted no later than 24 hours prior to the scheduled start of the sale.In writing Bid forms are available in the sale room and at the back of the catalogue. These should be submitted in person, by mail or by fax no later than one hour prior to the scheduled start of the sale. The auctioneer will bid on your behalf up to the limit indicated, but is not responsible for errors or failure to execute bids.On the internet A fully-illustrated catalogue is available on-line at www.freemansauction.com. Registered bidders may leave absentee bids through the web site and will receive email confirmation of their bid. Freeman’s is not responsible for errors or failure to execute bids.Payment

Lots purchased will not be released until we have received full payment. Payment may be made in cash, by check, money order, or debit card. Payments by check must clear the bank before goods will be released.

Removal of Purchases

Deliveries will not be made during the time of the sale unless otherwise indicated by the auctioneer. All items must be paid for and removed within ten (10) days of the date of the sale. Purchases not so removed may be turned over to a licensed warehouse at the expense and risk of the purchaser.

Shipping and Packing

Responsibility for packing, shipping and insurance shall be exclusively that of the purchaser. Upon request, Freeman’s will provide the purchaser with names of professional packers and shippers known to us.

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46

Directory

specialist departments

American Furniture, Decorative & Folk Artlynda a cainsamuel ≤ free≤an iiamy parentiwhitney bounty

American Silversamuel ≤ free≤an iiamy parenti

Asian Artsrobert waterhouserichard cervantestianhan gao

English & ContinentalFurniture, Silver & Decorative Artsdavid walkerben fishernicholas clarke

Fine Jewelry kate waterhousesamuel ≤ free≤an iimadeline mccauley

Fine Paintings & Sculpturealasdair nichol david weissmaya o’donnell-shahaimee pflieger

Fine Printsanne henrydavid weissaimee pfliegermaya o’donnell-shah

Old Master Paintings & Works of Artdavid weissmaya o’donnell-shah

Photography & Photobooksaimee pflieger

Modern & Contemporary Artanne henryalasdair nichol david weissaimee pflieger

Pop Culturesimeon lipman, consultantkerry-lee jeffery

Oriental Rugs & Tapestriesrichard cervantesdavid weiss

Rare Books, Manuscripts, & Ephemeradavid j bloomkerry-lee jeffery

departments

Appraisalssa≤uel ≤ free≤an iijames e buckleydonald e walter

Appraisal Servicesnatalie difeliciantonio

Consignmentssamuel h cooperjames e buckley

≤useum Servicesthomas b mccabe ivlynda a cain

Client Servicesmary maguire carrolljessica carterbethany mobbssusannah mcgovernbridgette bonnermallory malkasianjocelyn olsen-accad

Operationsnathan norleygerald lightfootmarlon glovermichael fredricksandrew zajackgerald davis

Financejeffrey miller

Business Development & ≤arketingtara theune davisthomas b mccabe ivmary knappchristopher browneandrew w huber

Trusts & Estatessamuel t freeman iiithomas b mccabe ivholen m. lewisnatalie difeliciantonio

Photographyelizabeth fieldelizabeth schultzthom clark

officers

chair≤ansamuel ≤ freeman ii

vice chair≤anmargaret d freeman

vice chair≤analasdair nichol

presidentpaul roberts

chief operating officerhanna dougher

executive vice presidentja≤es e buckley

senior vice presidentdavid weiss

chief financial officereric a smith

vice presidentsdavid j bloom lynda a cainanne henryrobert waterhousesamuel t freeman iiikate waterhouse

regional officesdavid weiss Washington, [email protected]

colin clarke Charlottesville, [email protected]: 434.296.4011

kelly wright Boston, [email protected]

robert & kate waterhouse Annapolis, [email protected]

john jones Mountain Brook, [email protected]

www.freemansauction.com1808 Chestnut Street Philadelphia PA 19103 Tel: 215.563.9275

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Notes

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Page 52: Historic Naval Colors From the Collection of H. Richard Dietrich Jr

www.freemansauction.com 1808 Chestnut Street Philadelphia Pennsylvania 19103Tel-215.563.9275 Fax-215.563.8236