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Letter from Justin Butterfield, 27 March 1843

Source Note

, Letter, , Cook Co., IL, to JS, , Hancock Co., IL, 27 Mar. 1843; handwriting and signature of ; seven pages; JS Materials, CCLA. Includes address, dockets, and redactions.
Two bifolia measuring 10 × 7¾ inches (25 × 20 cm) and ruled with twenty-eight horizontal gray lines, now faded. The upper left corner of the recto of the first leaf of each bifolium is embossed with an oval paper manufacturer insignia that reads “John Butler | Hartford”. The letter was folded for transmission, addressed, and sealed with a red adhesive wafer. When the letter was opened, the second leaf of the second bifolium was damaged. The letter was later refolded for filing. At some point, the upper left corners of the bifolia were stapled together; the staple was subsequently removed. The document has undergone conservation.
The letter was docketed by , 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. An unidentified scribe also docketed the letter. The letter likely remained in the Smith family’s possession until it was transferred, on an unknown date, to the custody of the Reorganized Church of Jesus Christ of Latter-day Saints (now Community of Christ).

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–.

Historical Introduction

On 27 March 1843, , attorney for the district of , wrote from to JS in , Illinois, regarding the arrest of Latter-day Saint in on 5 March. Rockwell was charged with the 6 May 1842 attempted assassination of former Missouri governor and faced uncertain prospects in the Missouri legal system. Butterfield had represented JS before the United States circuit court in , Illinois, on 4 January 1843 in a hearing held to evaluate the attempt by Missouri state officials to extradite JS as an accessory to the attempted murder. Following Butterfield’s success in obtaining JS’s discharge, JS hoped that the federal attorney could turn his attention to Rockwell’s plight. On 18 March, JS wrote to Butterfield asking several questions concerning legal strategy and sent member to deliver the missive to Butterfield in Chicago.
received JS’s letter on 27 March 1843 and wrote a response the same day. Although Butterfield declined to act as 's lawyer, he advised that the church hire local counsel in , outlined the legal issues and questions that the case presented, and answered JS’s questions to the degree he could. As requested, Butterfield sent his reply to JS with . Huntington arrived in on 2 April and presumably delivered Butterfield’s letter the same day. It is unknown whether JS responded to the letter.

Footnotes

  1. [1]

    “Orrin Porter Rockwell,” Daily Missouri Republican (St. Louis), 6 Mar. 1843, [3]; see also Historical Introduction to Letter from Isaac Galland, 11 Mar. 1843.

    Daily Missouri Republican. St. Louis. 1822–1869.

  2. [2]

    JS, Journal, 4 Jan. 1843.

  3. [3]

    Letter to Justin Butterfield, 18 Mar. 1843.

  4. [4]

    JS, Journal, 2 Apr. 1843.

Page 4

not be difficult for his counsel to ascertain what the evidence was before the grand jury, and then prepare the case for defence accordingly— if he is indicted he will have to stand his trial, and it will do no good to have him brought up on : in this case the Federal court can have no jurisdiction and he will have to submit to a trial in the State court:— You must in the first place ascertain from whether the depositions of Witnesses can be taken out of in a criminal case to be read in the trial there, and if so have him prepare the necessary papers and instructions for taking them:— have Request also to inform you what facts the Prosecution rely upon to prove the guilt of , and then you will know precisely what you will have to meet, and to prepare the Defence accordingly:—
You ask me whether it will be consistent for me to call at and direct in the taking of affidavits— that will depend much upon the time when the affts are to be taken— and also upon the question whether [p. 4]
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Document Information

Related Case Documents
Editorial Title
Letter from Justin Butterfield, 27 March 1843
ID #
2799
Total Pages
8
Print Volume Location
JSP, D12:120–125
Handwriting on This Page
  • Justin Butterfield

Footnotes

  1. [12]

    In his 18 March 1843 letter, JS asked if it would be best for Rockwell to appear “before the Mo [Missouri] Courts, or by Habeus Corpus—in the U. S. district Court.” The crime with which Rockwell was charged—assault with intent to kill—was a violation of a Missouri state statute, placing Rockwell under the jurisdiction of Missouri state courts rather than federal courts. (Letter to Justin Butterfield, 18 Mar. 1843; An Act concerning Crimes and Their Punishments [20 Mar. 1835], Revised Statutes of the State of Missouri [1834–1835], p. 171, art. 2, sec. 33.)

    The Revised Statutes of the State of Missouri, Revised and Digested by the Eighth General Assembly, During the Years One Thousand Eight Hundred and Thirty-Four, and One Thousand Eight Hundred and Thirty-Five. Together with the Constitutions of Missouri and of the United States. 3rd ed. St. Louis: Chambers and Knapp, 1841.

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