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Letter from Horace Hotchkiss, 7 April 1843

Source Note

Horace Hotchkiss

15 Apr. 1799–21 Apr. 1849. Merchant, land speculator. Born in East Haven, New Haven Co., Connecticut. Son of Heman Hotchkiss and Elizabeth Rowe. Moved to New Haven, New Haven Co., by 1815. Married Charlotte Austin Street, 22 Feb. 1824, in East Haven. Purchased...

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, Letter,
New York City

Dutch founded New Netherland colony, 1625. Incorporated under British control and renamed New York, 1664. Harbor contributed to economic and population growth of city; became largest city in American colonies. British troops defeated Continental Army under...

More Info
, New York Co., NY, to JS,
Nauvoo

Principal gathering place for Saints following expulsion from Missouri. Beginning in 1839, Church of Jesus Christ of Latter-day Saints purchased lands in earlier settlement of Commerce and planned settlement of Commerce City, as well as surrounding areas....

More Info
, Hancock Co., IL, 7 Apr. 1843; handwriting and signature of
Horace Hotchkiss

15 Apr. 1799–21 Apr. 1849. Merchant, land speculator. Born in East Haven, New Haven Co., Connecticut. Son of Heman Hotchkiss and Elizabeth Rowe. Moved to New Haven, New Haven Co., by 1815. Married Charlotte Austin Street, 22 Feb. 1824, in East Haven. Purchased...

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; certified by
William Clayton

17 July 1814–4 Dec. 1879. Bookkeeper, clerk. Born at Charnock Moss, Penwortham, Lancashire, England. Son of Thomas Clayton and Ann Critchley. Married Ruth Moon, 9 Oct. 1836, at Penwortham. Baptized into Church of Jesus Christ of Latter-day Saints by Heber...

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on behalf of JS; two pages; JS Collection, CHL. Includes address, postal notation, postal stamp, filing notation, dockets, and use marks.
Bifolium measuring 10 × 7⅞ inches (26 × 20 cm). The document was trifolded twice in letter style, addressed, and sealed with a red adhesive wafer. When the letter was opened, the second leaf was torn. Remnants of the adhesive wafer remain on the last page of the bifolium. The letter was later refolded for filing.
The document was docketed by
Willard Richards

24 June 1804–11 Mar. 1854. Teacher, lecturer, doctor, clerk, printer, editor, postmaster. Born at Hopkinton, Middlesex Co., Massachusetts. Son of Joseph Richards and Rhoda Howe. Moved to Richmond, Berkshire Co., Massachusetts, 1813; to Chatham, Columbia Co...

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, who served as JS’s scribe from December 1841 until JS’s death in June 1844 and served as church historian from December 1842 until his own death in March 1854.
1

JS, Journal, 13 Dec. 1841 and 21 Dec. 1842; Orson Spencer, “Death of Our Beloved Brother Willard Richards,” Deseret News (Salt Lake City), 16 Mar. 1854, [2].


Comprehensive Works Cited

Deseret News. Salt Lake City. 1850–.

It was also docketed by
William Clayton

17 July 1814–4 Dec. 1879. Bookkeeper, clerk. Born at Charnock Moss, Penwortham, Lancashire, England. Son of Thomas Clayton and Ann Critchley. Married Ruth Moon, 9 Oct. 1836, at Penwortham. Baptized into Church of Jesus Christ of Latter-day Saints by Heber...

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, who served as scribe to JS from 1842 to 1844, and by
Thomas Bullock

23 Dec. 1816–10 Feb. 1885. Farmer, excise officer, secretary, clerk. Born in Leek, Staffordshire, England. Son of Thomas Bullock and Mary Hall. Married Henrietta Rushton, 25 June 1838. Moved to Ardee, Co. Louth, Ireland, Nov. 1839; to Isle of Anglesey, Aug...

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, who served as JS’s scribe from 1843 to 1844 and as clerk to the church historian and recorder from 1845 to 1865.
2

JS, Journal, 29 June 1842; “Clayton, William,” in Jenson, Latter-day Saint Biographical Encyclopedia, 1:718; Jessee, “Writing of Joseph Smith’s History,” 456, 458; Woodruff, Journal, 22 Jan. 1865.


Comprehensive Works Cited

Jenson, Andrew. Latter-day Saint Biographical Encyclopedia: A Compilation of Biographical Sketches of Prominent Men and Women in the Church of Jesus Christ of Latter-day Saints. 4 vols. Salt Lake City: Andrew Jenson History Co., 1901–1936.

Jessee, Dean C. “The Writing of Joseph Smith’s History.” BYU Studies 11 (Summer 1971): 439–473.

Woodruff, Wilford. Journals, 1833–1898. Wilford Woodruff, Journals and Papers, 1828–1898. CHL. MS 1352.

The document was listed in an inventory that was produced by the Church Historian’s Office (later Church Historical Department) circa 1904.
3

“Letters to and from the Prophet,” ca. 1904, [2], Historian’s Office, Catalogs and Inventories, 1846–1904, CHL.


Comprehensive Works Cited

Historian’s Office. Catalogs and Inventories, 1846–1904. CHL. CR 100 130.

By 1973 the letter had been included in the JS Collection at the Church Historical Department (now CHL).
4

See the full bibliographic entry for JS Collection, 1827–1844, in the CHL catalog.


The document’s early dockets, its listing in a circa 1904 inventory, and its later inclusion in the JS Collection suggest continuous institutional custody.

Footnotes

  1. [1]

    JS, Journal, 13 Dec. 1841 and 21 Dec. 1842; Orson Spencer, “Death of Our Beloved Brother Willard Richards,” Deseret News (Salt Lake City), 16 Mar. 1854, [2].

    Deseret News. Salt Lake City. 1850–.

  2. [2]

    JS, Journal, 29 June 1842; “Clayton, William,” in Jenson, Latter-day Saint Biographical Encyclopedia, 1:718; Jessee, “Writing of Joseph Smith’s History,” 456, 458; Woodruff, Journal, 22 Jan. 1865.

    Jenson, Andrew. Latter-day Saint Biographical Encyclopedia: A Compilation of Biographical Sketches of Prominent Men and Women in the Church of Jesus Christ of Latter-day Saints. 4 vols. Salt Lake City: Andrew Jenson History Co., 1901–1936.

    Jessee, Dean C. “The Writing of Joseph Smith’s History.” BYU Studies 11 (Summer 1971): 439–473.

    Woodruff, Wilford. Journals, 1833–1898. Wilford Woodruff, Journals and Papers, 1828–1898. CHL. MS 1352.

  3. [3]

    “Letters to and from the Prophet,” ca. 1904, [2], Historian’s Office, Catalogs and Inventories, 1846–1904, CHL.

    Historian’s Office. Catalogs and Inventories, 1846–1904. CHL. CR 100 130.

  4. [4]

    See the full bibliographic entry for JS Collection, 1827–1844, in the CHL catalog.

Historical Introduction

On 7 April 1843, land speculator
Horace Hotchkiss

15 Apr. 1799–21 Apr. 1849. Merchant, land speculator. Born in East Haven, New Haven Co., Connecticut. Son of Heman Hotchkiss and Elizabeth Rowe. Moved to New Haven, New Haven Co., by 1815. Married Charlotte Austin Street, 22 Feb. 1824, in East Haven. Purchased...

View Full Bio
wrote from
New York City

Dutch founded New Netherland colony, 1625. Incorporated under British control and renamed New York, 1664. Harbor contributed to economic and population growth of city; became largest city in American colonies. British troops defeated Continental Army under...

More Info
to JS in
Nauvoo

Principal gathering place for Saints following expulsion from Missouri. Beginning in 1839, Church of Jesus Christ of Latter-day Saints purchased lands in earlier settlement of Commerce and planned settlement of Commerce City, as well as surrounding areas....

More Info
, Illinois, regarding property there. JS and Hotchkiss had exchanged voluminous correspondence over the previous four years relating to land in Nauvoo that JS and the
church

The Book of Mormon related that when Christ set up his church in the Americas, “they which were baptized in the name of Jesus, were called the church of Christ.” The first name used to denote the church JS organized on 6 April 1830 was “the Church of Christ...

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had acquired from Hotchkiss and his partners,
Smith Tuttle

12 Mar. 1795–7 Mar. 1865. Shipping merchant, land speculator. Born in East Haven, New Haven Co., Connecticut. Son of Christopher Tuttle and Abigail Luddington. Moved to Wallingford, New Haven Co., by 1810. Married first Rachel Gillett. Married second Amarilla...

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and
John Gillet

2 Aug. 1796–17 July 1848. Likely born in Connecticut. Son of Benoni Gillett and Phoebe Dean. Moved to Commerce (later Nauvoo), Hancock Co., Illinois, by May 1837. In Aug. 1839, with land-speculating partners Horace Hotchkiss and Smith Tuttle, sold land in...

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, in 1839.
1

On 12 August 1839, JS, Sidney Rigdon, and Hyrum Smith signed a bond to purchase approximately four hundred acres from Hotchkiss and his partners, John Gillet and Smith Tuttle. Hotchkiss and Gillet purchased the land mentioned in that bond from Alexander White in June 1836. The land was originally set aside by the federal government as bounty land to be sold to men who held a military commission during the War of 1812. (Bond from Horace Hotchkiss, 12 Aug. 1839–A; Promissory Note to John Gillet and Smith Tuttle, 12 Aug. 1839; Hancock Co., IL, Deed Records, 1817–1917, vol. B, p. 322, microfilm 954,192, U.S. and Canada Record Collection, FHL; Anthony Hoffman, Rushville, IL, to John Reid, Argyle, NY, 1 Nov. 1833, Abraham Lincoln Presidential Library and Museum, Springfield, IL.)


Comprehensive Works Cited

U.S. and Canada Record Collection. FHL.

Hoffman, Anthony. Letter, Rushville, IL, to John Reid, Argyle, NY, 1 Nov. 1833. Abraham Lincoln Presidential Library, Springfield, IL.

Hotchkiss, who was JS’s largest creditor, learned from
Joel Catlin

24 Feb. 1796–28 Sept. 1879. Watchmaker, farmer, railroad agent, financial agent. Born in Harwinton, Litchfield Co., Connecticut. Son of Isaac Catlin. Moved to Augusta, Richmond Co., Georgia, 1818. Married Calista Hawley, 31 Aug. 1820, in Farmington, Hartford...

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, the assignee for JS’s pending bankruptcy case, that the Nauvoo land, or possibly only JS’s right to the land, was to be sold, despite the fact that Hotchkiss still held the title.
2

JS applied for bankruptcy in April 1842. According to the Bankruptcy Act of 1841, an assignee was given all rights to distribute and sell the bankrupt individual’s property. By early June 1842, the federal district court in Springfield, Illinois, appointed Joel Catlin to be the assignee for individuals residing in Nauvoo and elsewhere in Hancock County, Illinois. (Application for Bankruptcy, ca. 14–16 Apr. 1842; An Act to Establish a Uniform System of Bankruptcy [19 Aug. 1841], Public Statutes at Large, vol. 5, pp. 442–443, sec. 3; Letter from Calvin A. Warren, ca. 23 June 1842.)


Comprehensive Works Cited

The Public Statutes at Large of the United States of America, from the Organization of the Government in 1789, to March 3, 1845. . . . Edited by Richard Peters. 8 vols. Boston: Charles C. Little and James Brown, 1846–1867.

Catlin was moving forward with bankruptcy proceedings by preparing to sell JS’s assets, which included significant properties, to help satisfy JS’s debts. In his application for bankruptcy, JS had mistakenly listed the Hotchkiss land as his asset, though he did not yet own title to the land and still owed substantial sums of money to Hotchkiss for it.
3

Application for Bankruptcy, ca. 14–16 Apr. 1842; Historical Introduction to Letter from Horace Hotchkiss, 27 May 1842.


JS’s listed assets had likely been turned over to Catlin; however, there is no evidence that Catlin sold any of the Hotchkiss land or JS’s rights to the land. Hotchkiss’s business partner in
Hancock County

Formed from Pike Co., 1825. Described in 1837 as predominantly prairie and “deficient in timber.” Early settlers came mainly from mid-Atlantic and southern states. Population in 1835 about 3,200; in 1840 about 9,900; and in 1844 at least 15,000. Carthage ...

More Info
, John Gillet, may have met with JS or others to resolve the issue when he visited Nauvoo on 12 April 1843.
4

JS, Journal, 12 Apr. 1843.


Based on the tone of this letter,
Hotchkiss

15 Apr. 1799–21 Apr. 1849. Merchant, land speculator. Born in East Haven, New Haven Co., Connecticut. Son of Heman Hotchkiss and Elizabeth Rowe. Moved to New Haven, New Haven Co., by 1815. Married Charlotte Austin Street, 22 Feb. 1824, in East Haven. Purchased...

View Full Bio
seemed unconcerned about the pending sale by
Catlin

24 Feb. 1796–28 Sept. 1879. Watchmaker, farmer, railroad agent, financial agent. Born in Harwinton, Litchfield Co., Connecticut. Son of Isaac Catlin. Moved to Augusta, Richmond Co., Georgia, 1818. Married Calista Hawley, 31 Aug. 1820, in Farmington, Hartford...

View Full Bio
since he had legitimate claim to the land and could prove it.
5

JS had been informed by Justin Butterfield that Catlin could only sell “Josephs Right” to the land because JS had not satisfied his debt to Hotchkiss and his partners. Therefore, the lots and right to the land would revert to Hotchkiss. (JS, Journal, 5 Jan. 1843.)


Hotchkiss also indicated that rather than evict the Saints, he would allow them to continue living on his
Nauvoo

Principal gathering place for Saints following expulsion from Missouri. Beginning in 1839, Church of Jesus Christ of Latter-day Saints purchased lands in earlier settlement of Commerce and planned settlement of Commerce City, as well as surrounding areas....

More Info
land as tenants. JS eventually renegotiated the original land deal with Hotchkiss and his partners in July 1843.
6

Clayton, Journal, 7 July 1843; Bond from Smith Tuttle and John Gillet, 7 July 1843; Hancock Co., IL, Deed Records, 1817–1917, vol. 12G, p. 299, microfilm 954,195, U.S. and Canada Record Collection, FHL; John Gillet, Lake Fork, IL, to Smith Tuttle, Fair Haven, CT, 20 Aug. 1843, John Gillett-William P. Whittle Papers, 1835–1869, Abraham Lincoln Presidential Library and Museum, Springfield, IL.


Comprehensive Works Cited

Clayton, William. Journals, 1842–1845. CHL.

John Gillett-William P. Whittle Papers, 1835–1869. Abraham Lincoln Presidential Library and Museum, Springfield, IL.

Hotchkiss

15 Apr. 1799–21 Apr. 1849. Merchant, land speculator. Born in East Haven, New Haven Co., Connecticut. Son of Heman Hotchkiss and Elizabeth Rowe. Moved to New Haven, New Haven Co., by 1815. Married Charlotte Austin Street, 22 Feb. 1824, in East Haven. Purchased...

View Full Bio
mailed his letter from
New York City

Dutch founded New Netherland colony, 1625. Incorporated under British control and renamed New York, 1664. Harbor contributed to economic and population growth of city; became largest city in American colonies. British troops defeated Continental Army under...

More Info
on 8 April; JS received it by 5 May 1843, when
William Clayton

17 July 1814–4 Dec. 1879. Bookkeeper, clerk. Born at Charnock Moss, Penwortham, Lancashire, England. Son of Thomas Clayton and Ann Critchley. Married Ruth Moon, 9 Oct. 1836, at Penwortham. Baptized into Church of Jesus Christ of Latter-day Saints by Heber...

View Full Bio
transcribed the contents of the letter into the
Nauvoo

Principal gathering place for Saints following expulsion from Missouri. Beginning in 1839, Church of Jesus Christ of Latter-day Saints purchased lands in earlier settlement of Commerce and planned settlement of Commerce City, as well as surrounding areas....

More Info
city register of deeds on JS’s behalf.
7

Nauvoo Registry of Deeds, Record of Deeds, bk. A, p. 140.


Clayton also inscribed a notation certifying the official recording on the verso of the first leaf of Hotchkiss’s letter.

Footnotes

  1. [1]

    On 12 August 1839, JS, Sidney Rigdon, and Hyrum Smith signed a bond to purchase approximately four hundred acres from Hotchkiss and his partners, John Gillet and Smith Tuttle. Hotchkiss and Gillet purchased the land mentioned in that bond from Alexander White in June 1836. The land was originally set aside by the federal government as bounty land to be sold to men who held a military commission during the War of 1812. (Bond from Horace Hotchkiss, 12 Aug. 1839–A; Promissory Note to John Gillet and Smith Tuttle, 12 Aug. 1839; Hancock Co., IL, Deed Records, 1817–1917, vol. B, p. 322, microfilm 954,192, U.S. and Canada Record Collection, FHL; Anthony Hoffman, Rushville, IL, to John Reid, Argyle, NY, 1 Nov. 1833, Abraham Lincoln Presidential Library and Museum, Springfield, IL.)

    U.S. and Canada Record Collection. FHL.

    Hoffman, Anthony. Letter, Rushville, IL, to John Reid, Argyle, NY, 1 Nov. 1833. Abraham Lincoln Presidential Library, Springfield, IL.

  2. [2]

    JS applied for bankruptcy in April 1842. According to the Bankruptcy Act of 1841, an assignee was given all rights to distribute and sell the bankrupt individual’s property. By early June 1842, the federal district court in Springfield, Illinois, appointed Joel Catlin to be the assignee for individuals residing in Nauvoo and elsewhere in Hancock County, Illinois. (Application for Bankruptcy, ca. 14–16 Apr. 1842; An Act to Establish a Uniform System of Bankruptcy [19 Aug. 1841], Public Statutes at Large, vol. 5, pp. 442–443, sec. 3; Letter from Calvin A. Warren, ca. 23 June 1842.)

    The Public Statutes at Large of the United States of America, from the Organization of the Government in 1789, to March 3, 1845. . . . Edited by Richard Peters. 8 vols. Boston: Charles C. Little and James Brown, 1846–1867.

  3. [3]

    Application for Bankruptcy, ca. 14–16 Apr. 1842; Historical Introduction to Letter from Horace Hotchkiss, 27 May 1842.

  4. [4]

    JS, Journal, 12 Apr. 1843.

  5. [5]

    JS had been informed by Justin Butterfield that Catlin could only sell “Josephs Right” to the land because JS had not satisfied his debt to Hotchkiss and his partners. Therefore, the lots and right to the land would revert to Hotchkiss. (JS, Journal, 5 Jan. 1843.)

  6. [6]

    Clayton, Journal, 7 July 1843; Bond from Smith Tuttle and John Gillet, 7 July 1843; Hancock Co., IL, Deed Records, 1817–1917, vol. 12G, p. 299, microfilm 954,195, U.S. and Canada Record Collection, FHL; John Gillet, Lake Fork, IL, to Smith Tuttle, Fair Haven, CT, 20 Aug. 1843, John Gillett-William P. Whittle Papers, 1835–1869, Abraham Lincoln Presidential Library and Museum, Springfield, IL.

    Clayton, William. Journals, 1842–1845. CHL.

    John Gillett-William P. Whittle Papers, 1835–1869. Abraham Lincoln Presidential Library and Museum, Springfield, IL.

  7. [7]

    Nauvoo Registry of Deeds, Record of Deeds, bk. A, p. 140.

Asterisk (*) denotes a "featured" version, which includes an introduction and annotation. *Letter from Horace Hotchkiss, 7 April 1843 Nauvoo Registry of Deeds, Deed Record Book A, 1840–1843 History, 1838–1856, volume D-1 [1 August 1842–1 July 1843] “History of Joseph Smith”

Page [2]

Certification of JS in the handwriting of William Clayton. Clayton may have copied the letter into the registry of deeds and made the accompanying notations on the original letter in order to have Hotchkiss’s intentions regarding the disposition of the land officially recorded until the 1839 agreement could be renegotiated, which occurred in July 1843. (Bond from Smith Tuttle and John Gillet, 7 July 1843; see also Agreement with George W. Robinson, 30 Apr. 1839.)


Recorders Office May 5th. 1843
State of Illinois,) ss.
City of
Nauvoo

Principal gathering place for Saints following expulsion from Missouri. Beginning in 1839, Church of Jesus Christ of Latter-day Saints purchased lands in earlier settlement of Commerce and planned settlement of Commerce City, as well as surrounding areas....

More Info
,)
I, Joseph Smith Recorder in and for the said city of
Nauvoo

Principal gathering place for Saints following expulsion from Missouri. Beginning in 1839, Church of Jesus Christ of Latter-day Saints purchased lands in earlier settlement of Commerce and planned settlement of Commerce City, as well as surrounding areas....

More Info
Hancock County and State aforesaid do hereby certify that the written letter was duly recorded in book A page 140 and numbered 134
Joseph Smith Recorder
by
Wm. Clayton

17 July 1814–4 Dec. 1879. Bookkeeper, clerk. Born at Charnock Moss, Penwortham, Lancashire, England. Son of Thomas Clayton and Ann Critchley. Married Ruth Moon, 9 Oct. 1836, at Penwortham. Baptized into Church of Jesus Christ of Latter-day Saints by Heber...

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Clerk [p. [2]]
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Document Information

Related Case Documents
Editorial Title
Letter from Horace Hotchkiss, 7 April 1843
ID #
1041
Total Pages
4
Print Volume Location
JSP, D12:180–183
Handwriting on This Page
  • William Clayton

Footnotes

  1. new scribe logo

    Certification of JS in the handwriting of William Clayton. Clayton may have copied the letter into the registry of deeds and made the accompanying notations on the original letter in order to have Hotchkiss’s intentions regarding the disposition of the land officially recorded until the 1839 agreement could be renegotiated, which occurred in July 1843. (Bond from Smith Tuttle and John Gillet, 7 July 1843; see also Agreement with George W. Robinson, 30 Apr. 1839.)

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