The Sale of Historical Public Records
through Online and Other Auctions

Government records at the federal, state, and local levels are finding their way into the hands of private individuals, who in turn often sell them at auctions, flea markets, and other locations. This situation has become more widespread in recent years with the development of eBay and other online auction sites.

What many do not realize is that, according to a recent statement by several national archival organizations, government records

"…represent the essential information by which all citizens may understand the consequences of decisions made by public agencies. They allow the governed to hold those who govern accountable. To that end, these documents should remain where they are available for public inspection… Their disappearance into private hands deprives the public of access to important historical details concerning the development of property rights, taxation, judicial actions, and community growth, as well as the enduring impact of human beings upon their surrounding environments."

At the federal level, the National Archives is making efforts to recover lost or stolen federal government historical records (see: http://www.archives.gov/research/recover/).

Many South Carolina government records have found their way to auctions, both on-site and online. For instance, Civil War era official correspondence of South Carolina governors has been the subject of a recent court case (for details, see: http://www.state.sc.us/scdah/court.htm) and county estate files have been for sale at flea markets, auction sites, and on eBay.

Why are sales of South Carolina state and local government records illegal, and what can be done?
State and local government records are created with taxpayer or public resources and are the property of government, not of any one individual. State law defines public records as "…all books, papers, maps, photographs, cards, tapes, recordings, or other documentary materials regardless of physical form or characteristics prepared, owned, used, in the possession of, or retained by a public body. " (Code of SC Laws 30-4-20, C)

The sale of government records is a matter for state and/or local legal and law enforcement officials, as it may have resulted from the theft of government property. If you learn of South Carolina government records for sale, be sure to contact the South Carolina State Archives. We will do our best to determine if the records are indeed official government records and what action would be appropriate. If the records are those of local government, we will work with local officials to properly address the matter through established legal and law enforcement channels.