1765 Incredible Handwritten Legal Pleading in a Lawsuit Between Benedict Arnold, Benjamin Franklin’s Nephew, and a Notable Surety

On offer is a remarkable revolutionary-era legal document involving a man whose name became synonymous with treason and treachery in American history and culture. The lawsuit, brought by Benedict Arnold, bears direct connection to  revolutionaries including Alexander Hamilton and Benjamin Franklin.

The document is a legal pleading in a lawsuit in the New York Supreme Court, filed in October 1765, which corresponds to the fifth and early sixth years of the reign of King George III. The lawsuit is between Benedict Arnold [see historical note below] and two men: John Mecom, the nephew of Founding Father Benjamin Franklin [see historical note below] and Benjamin Halstead (also spelled Halsted), a well-known New York silversmith. 

Six months prior to the lawsuit we are discussing here, in April of 1765,  Benedict Arnold sued John Mecom for a debt of 150 pounds of New York currency, owed to him for goods delivered. This lawsuit was brought to court by attorney to the political elite, William Wickham [see historical note below]. Mecom was ordered to pay a total of 147 pounds, 16 shillings and 3 pence. However, he did not pay, which brings us to the document in question.

The document presented here is a summary of Benedict Arnold’s lawyer, Mr. Wickham’s, second visit to court. This time, he is pursuing Benjamin Halstead (Halsted) [see historical note below], who was a guarantor for John Mecom on this business translation with Mr. Arnold. Since Mecom did not pay, Arnold is pursuing Halstead for costs. The legal summary concludes stating that Halstead refuses to pay. 

This incredible piece of legal history can be placed during an incredibly trying time for the plaintiff, Benedict Arnold. At the time, Arnold was a prominent New Haven merchant dealing in a variety of goods. Following the Seven Years War, Arnold, like most American merchants, experienced a severe downturn in business due to the exit of thousands of British troops and the hard currency they used to purchase supplies. By the mid 1750s, Arnold’s creditors were pressuring him over unpaid debts, so he, in turn, came down on his own debtors, including many New York merchants such as Mecom and Halstead. 

The historical notes below draw connections between the parties involved in the lawsuit as well as with members of the political elite at the time of the suit. 

HISTORICAL NOTES RELATED TO THE PARTIES INVOLVED WITH THE LAWSUIT

Defendant: John Mecum (1741-1770) - Mecom was the nephew of Founding Father Benjamin Franklin. Mecom’s mother was Jane Franklin (1712-1794) who was the youngest sister of Benjamin Franklin. Jane kept in touch via mail to Benjamin Franklin throughout her life and until his death. When she was only a teenager, Jane married Edward Mecom, and together they had many children, including John. John Mecom was born in Boston, Massachusetts and became a Boston goldsmith, apprenticing under his cousin, William Homes. He eventually moved to New Brunswick, New Jersey, where worked as a goldsmith/jeweler. This is where he would have met Benjamin Halstead. He died in New York at the young age of 29, leaving his widow, Catharine, to sell off his estate to satisfy his creditors. 

Defendant: Benjamin Halstead (1734-1817) - Halstead (Halsted) was a silversmith who worked in New York City, Elizabeth, New Jersey, and Philadelphia. He is best known for founding the first thimble factory in the USA in 1794. On October 22, 1765, Halstead married Sarah Tredwell in New York City. His surety for the marriage bond was John Mecom, who was living in New Brunswick, New Jersey at the time.

Attorney: William Wickham (1732-1814) - Wickham was a graduate of Yale University, class of 1753. He is said to have founded the Linonia Society, Yale’s social society focusing on literature and debate. He became a highly regarded attorney in New York City. He ultimately settled in Goshen, Orange County, where he was appointed to the position of judge. During his time as a lawyer in New York City, his clients included many of the wealthy and powerful and members of the political elite of the time. There is contextual evidence, through a published 1786 letter written by Alexander Hamilton to Wickham, that Alexander Hamilton was one of his clients. Wickham’s son, George Duncan Wickham, would become Orange County, New York’s most powerful man as he developed turnpikes, canals, railways and the Orange County Bank.

Plaintiff: Benedict Arnold -  Born in 1741 in Connecticut, Benedict Arnold’s family was socially prominent and wealthy. Over time however, the family fortunes declined significantly. Arnold apprenticed as an apothecary. He also joined the local militia and served in the Seven Years’ War. He then opened a pharmacy and a bookstore and established a lucrative trading business.

At the time of this lawsuit, the hated Stamp Tax and Sugar Tax had been passed, severely impacting businesses in the American colonies. When the revolutionary war broke out, Arnold joined the Connecticut militia as a Captain. He turned out to be a very able officer and a successful combat leader. He played instrumental roles in battles at Ticonderoga (with Ethan Allen), Fort St. Jean, Quebec City and Valcour on Lake Champlain. However, he felt that his accomplishments were ignored by the Continental Congress and that he was being continually passed over for promotions in favour of less-accomplished men.

After suffering severe leg wounds, he was appointed military Governor of Philadelphia. Eventually, through family connections, he began secret negotiations with the British who promised him a significant amount of money in return for becoming their agent. Made Commanding Officer of the fort at West Point, he began plans to let the British seize the fort. The plan was discovered and Arnold, forewarned, fled to Britain for his life.

He died in 1801 at the age of 60. In death, Benedict Arnold’s name became synonymous with ‘traitor’ To this day, his name is considered a slur when used to describe treacherous behaviour on the part of others.

For a person with a keen interest in American history, this document is a fabulous direct connection to one of the most controversial figures in America’s early history as well as other important figures due to the connections of the defendant and Arnold’s lawyer.. It would be a prized element of any collection of Americana.

The document measures 12.25 inches by 7.75 inches and comprises 4 pages. There is some wear along the edges. The letter must have been folded horizontally for many years as someone who acquired it prior to us has put some clear tape horizontally at the fold lines to prevent complete detachment. The handwriting is largely clear and legible.

SPECIAL NOTE: Included with the purchase of this document is a photocopy of the initial April, 1765 legal summary of the court case that preceded this one, between Benedict Arnold and John Mecom.