MOBILE ALABAMA 1838 STAMPLESS FOLDED LETTER FROM EDWARD HALL TO ADDIN LEWIS. HISTORIC VALUE

Year: 

1838
Alabama

  The letter is dated January 15, 1838. It is in fragile condition; reinforced in many places with archival tape and updates. Still a valuable correspondence between two prominent names in Alabama history.

Hall writes to Lewis about rent and loan collections he has made for their mutual business. He mentions difficult banking conditions with banks not offering any discounts for business.  Apparently Hall had a connection to the Mobile Bank because he states: “I have signed a call for the stockholders to examine the affairs of Mobile Bank. It has not yet been made public. There has been great abuse there especially on the part of the president.” He mentions that he is being sued by someone named Kennedy for a property transaction. Kennedy apparently is a politician and according to Hall: “I rather think he has been advised to this course at Washington where he spent some months last year.” 

Hall also comments: “As you are likely to have some trouble on the Northern frontier I shall expect to hear from you what you think of it. I cannot think it proper for the Canadians to maintain themselves without foreign aid.” He continues, “I do not look upon as many do that Texian business is settled.”

The letter is signed: Very respectfully Your friend, Edw Hall

Addin Lewis, was the first Collector of the District of Mobile and later mayor of the city. He graduated from Yale in 1803 and maintained connections to Connecticut through other family members residing in the state. He died in 1857.

As Alabama Collector of Customs, Lewis was involved in a court case concerning smuggled slaves (see below).  His friend and business partner was Edward Hall, who was mayor of Mobile from 1842 to 1845.

  United States Of America, )
Alabama District, f

At the District Court for the said Alabama District, at the February term, 1821, holden at Mobile, comes Addin Lewis, the Collector of the Customs in and for the port of Mobile, in said District, and respectfully prefers his claim, under the laws of the United States, and of the Territory and State of Alabama, in and to the proportional part of eighty-four negroes, taken on board the schooner Constitution, nineteen negroes taken on board the Merino, and six negroes taken on board the Louisa; all of which negroes were seized and brought into the said port on or about the 29th June, 1818, as liable to forfeiture for violating the laws of the United States, prohibiting the slave trade, and the importation of slaves. And the said Lewis gives the Court lit-iv to understand, and be informed, that, at the time of the seizure and bringing into port of the negroes, as aforesaid, he was and still is, the Collector of said port, and that, by the laws of the United States, and of this Territory, now State, the said Lewis was and is entitled, if there be no informer, to one-half, and, if there be an informer or prosecutor, to one-fourth of the said negroes, taken and brought in as aforesaid, contrary to the said laws of the United States; and that the said Lewis gave due information to the District Attorney of the United States and to the Governor of this Territory. Wherefore, the said Lewis, after due force of all the material matters herein set forth, prays that the said negroes may be condemned, according to law, and so disposed of that the said Lewis may obtain his proper distribution, &c.

ADDIN LEWIS,
By J. PICKENS, his Att'y-

Another case:

Robertson St Barnewell V. Kennedy & Kitchens.

A deed of conveyance for land, though not recorded or attested by a subscribing witness, may on proof aliunde be read in evidence.

In Mobile Circuit Court, on a trial on the general issue in trespass to recover possession of a lot of ground, Robertson and Barnewell, plaintiffs, against Kennedy, and Kitchens, defendants, the plaintiffs offered to read in evidence a deed of conveyance for the lot from Addin Lewis, mayor of the city of Mobile, to them.

The deed recites that, pursuant to the act of Assembly of December, 1819, " to incorporate the city of Mobile," the mayor and aldermen, on the 8th day of March, 1820, laid a tax on the real and personal estate within the city; that this tax due on this lot not being paid, it was duly advertised, &c. as required by the statute, and offered at public sale, and bought by the plaintiffs: they bidding the highest sum. The deed was subscribed by Lewis as mayor, with the seal of the corporation annexed, but not attested by a subscribing witness.

On the same paper with the deed, was the certificate of Edward Hall, "one of the justices of the quorum for Mobile county, dated 30th April, 1821, that on that day,

Jult laar. Addin Lewis, Esq. mayor of the city of Mobile, personally appeared before him, and acknowledged that he signed, sealed and delivered the deed, on the day therein mentioned.

The deed did not appear to have been recorded. The defendants objected to its being admitted in evidence, the Court sustained the objection. The plaintiffs excepted, and assigned this matter here as error. Acre, for plaintiffs.

The deed was from the mayor, on behalf of the corporation, and by authority of a statute, making him their organ for this purpose. It was then the deed of the proration, and it was under their common seal. The seal proves itself.

Neither at common law nor by statute, are subscribing 1M- witnesses necessary to a deed of conveyance. Let the counsel for the defendants point to a statute, which makes subscribing witnesses necessary to the validity of the deed.

But it had been acknowledged by the mayor, before Mr Justice Hall. True, in his certificate, he styles himself "justice of the quorum," instead of justice of the County Court. But as to powers and duties, at least as to taking the acknowledgement or probate of deeds, these offices were the same.

The justices of the quorum held the County Courts, and took the probate of deeds. By the act of 1819, these and other powers were vested in the justices of the Laws. 186, County Courts, established by that act. At the time when Mr Hall's certificate was given, we had no officers styled justices of the quorum. It is fairly to be inferred that he was then a justice of the County Court, and that by a verbal mistake in the certificate of acknowledgement, he was styled justice of the quorum. Such certificate from the proper officer, entitles a deed to be in evidence in any of our Courts. But if the certificate was not sufficient, we might have proved the sealing and delivery by witnesses, although they had not subscribed their names to the deed. The decision of the Circuit Court denied us the opportunity of doing this.

Mayors of Mobile

  1. 1819–1820: Daniel Duvol
  2. 1820–1822: Addin Lewis
  3. 1822–1823: John Elliott
  4. 1823–1824: Addin Lewis

Edward Hall was mayor of Mobile from 1842–1845