Signer of the Declaration of Independence from South Carolina (1749–1800). ADS, signed four times “Ed: Rutledge,” three pages on two sheets, 8 x 13, April 16, 1791. Discharge of debt owed to the estate of one James Penman and his heirs by Revolutionary War hero General ‘Mad’ Anthony Wayne. The first page, in the hand of James' son Edward Penman, is a list of "Papers deposited by Edwd. Penman with Edwd. Rutledge Esq." itemizing debts owed Penman by Wayne including a Bill of Exchange dated 28 Sept. 1785 in the amount of £1,000 drawn by Willem & Jan Willink of Amsterdam [Dutch merchants to whom Wayne had mortgaged his Pennsylvania property to gain funds for his Georgia enterprise] and payable to Penman; also "a Bill of Sale of 33 Negroes from Genl. Wayne to E. Penman", a "Lease and release from Genl. Wayne to E. Penman of Richmond & Kew" [the names of Wayne's two rice plantations] and a "Warrant of Atty. by E. Penman to Wm. Lewis Esqr. [Wayne's attorney] of Phila. to enter satisfaction" [on the Pennsylvania judgment]. This list is signed by Rutledge in the lower right corner. The reverse of the first page is entirely in Rutledge’s hand and is Penman’s release of Wayne’d debt. Rutledge writes, in part: “To all to whom these Presnt shall come be seen or made known I Edward Penman…Anthony Wayne Esquire…indebted to the Estate of James Penman…in the sum of Five Thousand and Eighty Seven Pounds Eighteen Shillings…and whereas I have…received full satisfaction…I the said Edward Penman by virtue of the power in me vested has…by these Present, Do remise, release & forever discharge the said Anthony Wayne of & from the payment of the said monies.” The release is signed at the top of the third page by Penman and as witnesses by Rutledge and by Richard Wayne, Junr., a cousin who was apparently representing the General.
Written below are two endorsements by Rutledge. The first one reads, “This release is left with me to be delivered to Genl. Wayne, when, and not before, he shall be entitled to receive the Bond & Bill within mentioned. Ed. Rutledge.” Second reads, “The General has become entitled to the Papers & Deliver them accordingly, E. Rutledge." Under Rutledge’s second endorsement is a notorizing endorsement of Penman’s signature, presumably at the insistence of Wayne's heirs.Rutledge has also docketed the reverse of the second page, “Jm. Penman to General Wayne.” Both pages are removably encapsulated in Mylar. In very good condition, with some archival tape repairs to partial separations along horizontal folds, one affecting Rutledge’s witnessing signature, scattered toning and soiling, a couple small pencil notations, and a couple small repaired tears.
This document represents the eventual resolution of the debt belonging to Revolutionary War hero, General ‘Mad’ Anthony Wayne, to renowned Charleston slaver broker, Edward Penman. Having been gifted two rice plantations from the state of Georgia in 1782, Wayne procured slaves from Penman to tend his fields. In doing so, he incurred a debt that, after a series of misfortunes, would ultimately cost him both of the plantations and his slaves, resulting in "a Bill of Sale of 33 Negroes from Genl. Wayne to E. Penman" and a "Lease and release from Genl. Wayne to E. Penman of Richmond & Kew" [the names of Wayne's two rice plantations].
Rutledge held particular sway with his pro-slavery views, a perspective he shared with other Southern politicians during the early Republic. His failed efforts to bar African Americans from entering the Continental Army and to expel those who had already succeeded in enlisting were the prime factors in the removal of any mention of slavery from the Declaration of Independence. However, his influence was still strong, and played a major role in the ultimate division of the nation and the Civil War. An exemplary and highly desirable document connecting an influential Signer and a key Revolutionary War figure. Pre-certified John Reznikoff/PSA/DNA and RR Auction COA.
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