1844 - Reply by a prominent Ohio attorney to a request from an even more important Republic of Texas former judge-turned-lawyer recommending several local candidates to take a deposition in Steubenville

Envelope or Cover. Very good. This two-page stampless, folded letter, measuring 15.5" x 9.5" unfolded and datelined "Steubenville, Ohio July 5, 1844, was sent by Rosswell March to Benjamin C[romwell] Franklin in Galveston. It bears a circular Steubenville postmark and "Ship" handstamp in red and a manuscript "25" rate mark. It was sent by "care of Wm Bryan / New Orleans." In nice shape.

The letter reads in part:

"Mr. Collins the Post Master at this place has just handed me your letter . . . with the request that I would reply. . .. My profession is that you inquire for, viz, an Attorney, I shall attend to your business. . .. You speak of a commission. If that shall be the mode and opted; I would suggest the names of Joseph M. Mason; Daniel L. Collier or Joseph Orth Esqrs as Commissioners. If taken on notice ' Sheldon McDowell Esqr is Master Commissioner in Chancery of our Court Common Pleas & has an Office in Town.

"An officer's fees here are ten cents for every 100 words for writing govt depositions & other fees to about 12½ cents for each witness. Witnesses are allowed 50 cents per day each & Sheriff five cents per mile traveled & other fees to about 25 cents each. I mention these matters so that you may estimate the amount of funds necessary to cover expenses. . .."

. Benjamin Cromwell Franklin was a lawyer, legislator and the first judge in the Republic of Texas. Leaving his practice in Georgia, Franklin moved to Texas to fight in its Texas Revolution. While serving as a private at the Battle of San Jacinto, he was sent as a messenger afterward to inform President Burnet of the victory. He received a 320-acre land grant in compensation for his military serves and was one of the first settlers in what would become Houston. President Sam Houton appointed him to be a district judge and a member of the Republic's Supreme Court. He resigned in 1839 and moved to Galveston to once more practice law. He also served several terms as a state legislator before his death in 1873. It was as a private attorney that he made this request for assistance with an Ohio deposition.

(For more information, see McDermott's "Were They Really Rogues: Desertion in the Nineteenth-Century U. S. Army" at the Nebraska State Historical Society website.)

At the time of listing, nothing written by this important Texan is for sale in the trade. No items written by Franklin during the time of the Republic have appeared at auctions per the Rare Book Hub and ABSA. OCLC shows that Benjamin C. Franklin's papers are held at the University of Texas at Austin.

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