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Letter to Justin Butterfield, 18 March 1843

Source Note

JS, Letter,
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, to
Justin Butterfield

1790–Oct. 1855. Teacher, lawyer. Born in Keene, Cheshire Co., New Hampshire. Moved to Watertown, Jefferson Co., New York, ca. 1810, where he taught school and studied law. Admitted to bar, 1812, at Watertown. Practiced law in Adams, Jefferson Co., and Sackets...

View Full Bio
, [
Chicago

Settled by Jean Baptiste Point du Sable, 1779. U.S. Fort Dearborn established, 1804. Town organized, 10 Aug. 1832. Incorporated as city, May 1837. Population in 1837 about 4,200; in 1840 about 4,500; and in 1844 about 11,000. Twenty-six members of Church ...

More Info
, Cook Co., IL], 18 Mar. 1843. Featured version drafted 18 Mar. 1843; handwriting of
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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; signature of JS 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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; two pages; JS Collection, CHL. Includes docket and archival marking.
Single leaf measuring 13 × 8½ inches (33 × 22 cm). The draft letter was folded for filing. Wear at the crease of a fold resulted in partial loss of some text.
The letter 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–.

By 1973 the document had been included in the JS Collection at the Church Historical Department (now CHL).
2

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


The document’s early docket and its later inclusion in the JS Collection suggest that the letter has remained in 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]

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

Historical Introduction

On 18 March 1843, JS composed a letter 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, to attorney
Justin Butterfield

1790–Oct. 1855. Teacher, lawyer. Born in Keene, Cheshire Co., New Hampshire. Moved to Watertown, Jefferson Co., New York, ca. 1810, where he taught school and studied law. Admitted to bar, 1812, at Watertown. Practiced law in Adams, Jefferson Co., and Sackets...

View Full Bio
in
Chicago

Settled by Jean Baptiste Point du Sable, 1779. U.S. Fort Dearborn established, 1804. Town organized, 10 Aug. 1832. Incorporated as city, May 1837. Population in 1837 about 4,200; in 1840 about 4,500; and in 1844 about 11,000. Twenty-six members of Church ...

More Info
requesting assistance in the defense of
Orrin Porter Rockwell

June 1814–9 June 1878. Ferry operator, herdsman, farmer. Born in Belchertown, Hampshire Co., Massachusetts. Son of Orin Rockwell and Sarah Witt. Moved to Farmington (later in Manchester), Ontario Co., New York, 1817. Neighbor to JS. Baptized into Church of...

View Full Bio
. Rockwell was charged with the 6 May 1842 attempt to assassinate former
Missouri

Area acquired by U.S. in Louisiana Purchase, 1803, and established as territory, 1812. Missouri Compromise, 1820, admitted Missouri as slave state, 1821. Population in 1830 about 140,000; in 1836 about 240,000; and in 1840 about 380,000. Latter-day Saint ...

More Info
governor
Lilburn W. Boggs

14 Dec. 1796–14 Mar. 1860. Bookkeeper, bank cashier, merchant, Indian agent and trader, lawyer, doctor, postmaster, politician. Born at Lexington, Fayette Co., Kentucky. Son of John M. Boggs and Martha Oliver. Served in War of 1812. Moved to St. Louis, ca...

View Full Bio
and was being held in Missouri state custody.
1

See Historical Introduction to Letter from Isaac Galland, 11 Mar. 1843.


JS claimed that Rockwell was innocent, and, because of his own history with the Missouri legal system, he was skeptical that Rockwell would receive a fair trial.
2

See “Part 2: 8 July–29 October 1838”; “Part 3: 4 November 1838–16 April 1839”; and JS, Journal, 23 Aug. 1842.


Butterfield, the
United States

North American constitutional republic. Constitution ratified, 17 Sept. 1787. Population in 1805 about 6,000,000; in 1830 about 13,000,000; and in 1844 about 20,000,000. Louisiana Purchase, 1803, doubled size of U.S. Consisted of seventeen states at time ...

More Info
attorney for the district of
Illinois

Became part of Northwest Territory of U.S., 1787. Admitted as state, 1818. Population in 1840 about 480,000. Population in 1845 about 660,000. Plentiful, inexpensive land attracted settlers from northern and southern states. Following expulsion from Missouri...

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, represented JS and secured his discharge during the January 1843
habeas corpus

“Have the body”; a written order from a court of competent jurisdiction commanding anyone having a person in custody to produce such person at a certain time and place and to state the reasons why he or she is being held in custody. The court will determine...

View Glossary
proceedings before the United States circuit court in
Springfield

Settled by 1819. Incorporated as town, 1832. Became capital of Illinois, 1837. Incorporated as city, 1840. Sangamon Co. seat. Population in 1840 about 2,600. Stake of Church of Jesus Christ of Latter-day Saints organized in Springfield, Nov. 1840; discontinued...

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, Illinois, when Missouri officials attempted to extradite JS from Illinois to stand trial as an accessory before the fact to Boggs’s shooting.
3

See Historical Introduction to Letter from Justin Butterfield, 17 Dec. 1842; and “Part 1: March 1843.”


This prior legal success caused JS to hope that
Butterfield

1790–Oct. 1855. Teacher, lawyer. Born in Keene, Cheshire Co., New Hampshire. Moved to Watertown, Jefferson Co., New York, ca. 1810, where he taught school and studied law. Admitted to bar, 1812, at Watertown. Practiced law in Adams, Jefferson Co., and Sackets...

View Full Bio
would represent
Rockwell

June 1814–9 June 1878. Ferry operator, herdsman, farmer. Born in Belchertown, Hampshire Co., Massachusetts. Son of Orin Rockwell and Sarah Witt. Moved to Farmington (later in Manchester), Ontario Co., New York, 1817. Neighbor to JS. Baptized into Church of...

View Full Bio
. JS had already corresponded with
Richard Blennerhassett

9 May 1811–25 Dec. 1857. Teacher, lawyer. Born at Conway Castle, Killorglin, County Kerry, Ireland. Son of Edward Blennerhassett and Alicia Spotswood. Member of Church of England. Married Theresa M. Byron. Migrated to Upper Canada, May 1831. Moved to Attica...

View Full Bio
, a prominent attorney in
St. Louis

Located on west side of Mississippi River about fifteen miles south of confluence with Missouri River. Founded as fur-trading post by French settlers, 1764. Incorporated as town, 1809. First Mississippi steamboat docked by town, 1817. Incorporated as city...

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who had offered to represent Rockwell.
4

See Letter to Richard Blennerhassett, 17 Mar. 1843.


On 18 March, JS wrote the letter to Butterfield featured here, reviewing Rockwell’s situation, summarizing the contents of the dispatch to Blennerhassett, and requesting Butterfield’s legal counsel.
JS probably dictated the letter, as was his custom, to his scribe
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...

View Full Bio
. The rough quality of the inscription suggests that the letter featured here is the dictated copy or at least an early draft.
5

This is further supported by the fact that JS and Richards also made a rough draft of the 17 March 1843 letter to Blennerhassett, which was then preserved as a file copy. (See Historical Introduction to Letter to Richard Blennerhassett, 17 Mar. 1843.)


As noted in the letter, JS composed it on 18 March and intended to send it via courier the following day. Richards may have made a fair copy of the letter on 19 March, before the departure of the courier, with the intention of keeping the featured version as a file copy. When Richards docketed the letter, he misdated it to 19 March, which suggests that he revisited and revised the text on the day the letter was sent. On 19 March, Latter-day Saint
Dimick B. Huntington

26 May 1808–1 Feb. 1879. Farmer, blacksmith, shoemaker, constable, coroner, deputy sheriff, Indian interpreter. Born at Watertown, Jefferson Co., New York. Son of William Huntington and Zina Baker. Married Fannie Maria Allen, 28 Apr. 1830. Baptized into Church...

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left for
Butterfield

1790–Oct. 1855. Teacher, lawyer. Born in Keene, Cheshire Co., New Hampshire. Moved to Watertown, Jefferson Co., New York, ca. 1810, where he taught school and studied law. Admitted to bar, 1812, at Watertown. Practiced law in Adams, Jefferson Co., and Sackets...

View Full Bio
’s residence in
Chicago

Settled by Jean Baptiste Point du Sable, 1779. U.S. Fort Dearborn established, 1804. Town organized, 10 Aug. 1832. Incorporated as city, May 1837. Population in 1837 about 4,200; in 1840 about 4,500; and in 1844 about 11,000. Twenty-six members of Church ...

More Info
with the missive.
6

JS, Journal, 19 Mar. 1843.


Huntington arrived on 27 March, and Butterfield replied that same day that although he would not be able to represent
Rockwell

June 1814–9 June 1878. Ferry operator, herdsman, farmer. Born in Belchertown, Hampshire Co., Massachusetts. Son of Orin Rockwell and Sarah Witt. Moved to Farmington (later in Manchester), Ontario Co., New York, 1817. Neighbor to JS. Baptized into Church of...

View Full Bio
personally, he would provide legal consultation as the case developed.
7

Letter from Justin Butterfield, 27 Mar. 1843. In August 1843, the court appointed prominent Missouri attorney Alexander Doniphan, who had represented JS and other church members during the 1830s, to defend Rockwell. (Transcript of Proceedings, 18 Nov. 1843, State of Missouri v. Rockwell [Clay Co. Cir. Ct. 1843], [6], Historical Department, Nineteenth-Century Legal Documents Collection, CHL.)


Comprehensive Works Cited

Historical Department. Nineteenth-Century Legal Documents Collection, ca. 1825–1890. CHL. CR 100 339.

Footnotes

  1. [1]

    See Historical Introduction to Letter from Isaac Galland, 11 Mar. 1843.

  2. [2]

    See “Part 2: 8 July–29 October 1838”; “Part 3: 4 November 1838–16 April 1839”; and JS, Journal, 23 Aug. 1842.

  3. [3]

    See Historical Introduction to Letter from Justin Butterfield, 17 Dec. 1842; and “Part 1: March 1843.”

  4. [4]

    See Letter to Richard Blennerhassett, 17 Mar. 1843.

  5. [5]

    This is further supported by the fact that JS and Richards also made a rough draft of the 17 March 1843 letter to Blennerhassett, which was then preserved as a file copy. (See Historical Introduction to Letter to Richard Blennerhassett, 17 Mar. 1843.)

  6. [6]

    JS, Journal, 19 Mar. 1843.

  7. [7]

    Letter from Justin Butterfield, 27 Mar. 1843. In August 1843, the court appointed prominent Missouri attorney Alexander Doniphan, who had represented JS and other church members during the 1830s, to defend Rockwell. (Transcript of Proceedings, 18 Nov. 1843, State of Missouri v. Rockwell [Clay Co. Cir. Ct. 1843], [6], Historical Department, Nineteenth-Century Legal Documents Collection, CHL.)

    Historical Department. Nineteenth-Century Legal Documents Collection, ca. 1825–1890. CHL. CR 100 339.

Page [2]

can readily infer the situation of
Rockwell

June 1814–9 June 1878. Ferry operator, herdsman, farmer. Born in Belchertown, Hampshire Co., Massachusetts. Son of Orin Rockwell and Sarah Witt. Moved to Farmington (later in Manchester), Ontario Co., New York, 1817. Neighbor to JS. Baptized into Church of...

View Full Bio
,— I am ready to testify that I never instigated
O. P. R.

June 1814–9 June 1878. Ferry operator, herdsman, farmer. Born in Belchertown, Hampshire Co., Massachusetts. Son of Orin Rockwell and Sarah Witt. Moved to Farmington (later in Manchester), Ontario Co., New York, 1817. Neighbor to JS. Baptized into Church of...

View Full Bio
to murder
Boggs

14 Dec. 1796–14 Mar. 1860. Bookkeeper, bank cashier, merchant, Indian agent and trader, lawyer, doctor, postmaster, politician. Born at Lexington, Fayette Co., Kentucky. Son of John M. Boggs and Martha Oliver. Served in War of 1812. Moved to St. Louis, ca...

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— and never had any knowledge of the case only from public reports.
9

On 21 May 1842, the Quincy Whig published an editorial reporting rumors that in 1841 JS prophesied that Boggs would die a violent death, a charge that JS promptly denied. (“Assassination of Ex-Governor Boggs of Missouri,” Quincy [IL] Whig, 21 May 1842, [3]; Letter to Sylvester Bartlett, 22 May 1842.)


Comprehensive Works Cited

Quincy Whig. Quincy, IL. 1838–1856.

& that
J. C. Bennet

3 Aug. 1804–5 Aug. 1867. Physician, minister, poultry breeder. Born at Fairhaven, Bristol Co., Massachusetts. Son of John Bennett and Abigail Cook. Moved to Marietta, Washington Co., Ohio, 1808; to Massachusetts, 1812; and back to Marietta, 1822. Married ...

View Full Bio
, has sworn revenge on myself— &
Rockwell

June 1814–9 June 1878. Ferry operator, herdsman, farmer. Born in Belchertown, Hampshire Co., Massachusetts. Son of Orin Rockwell and Sarah Witt. Moved to Farmington (later in Manchester), Ontario Co., New York, 1817. Neighbor to JS. Baptized into Church of...

View Full Bio
,— in pa[r]ticular & the mormons generally for the expose we have made of his abominable conduct, & there is abundance of other such like testimony, or witnesses to the same, and simlar facts—
10

In May 1842, Bennett was accused of sexual misconduct, allegations that led to his excommunication from the church, his resignation as mayor of Nauvoo, and his subsequent departure from the city. In September, the Times and Seasons office printed a broadsheet containing affidavits that detailed the charges against Bennett and denied allegations he had made against JS and the Saints. (Letter to the Church and Others, 23 June 1842; Affidavits and Certificates [Nauvoo, IL, 1842], copy at CHL; Crawley, Descriptive Bibliography, 1:202–204; see also Smith, Saintly Scoundrel, chap. 7.)


Comprehensive Works Cited

Affidavits and Certificates, Disproving the Statements and Affidavits Contained in John C. Bennett’s Letters. Nauvoo Aug. 31, 1842. [Nauvoo, IL: 1842]. Copy at CHL.

Crawley, Peter. A Descriptive Bibliography of the Mormon Church. 3 vols. Provo, UT: Religious Studies Center, Brigham Young University, 1997–2012.

Smith, Andrew F. The Saintly Scoundrel: The Life and Times of Dr. John Cook Bennett. Urbana: University of Illinois Press, 1997.

I shall write
Gen Bennett

21 Dec. 1788–25 Dec. 1863. Attorney, newspaper publisher, educator, author. Born in New York. Married first Sophia Smith, 8 May 1811. Served as third and later second lieutenant in First U.S. Artillery, 1 Aug. 1813–14 Oct. 1814. Published American System ...

View Full Bio
, <​of
Arlington House

Long Island residence of James Arlington Bennet, who corresponded with JS, 1842–1843. Bennet purchased a hundred acres of land in New Utrecht, New York, in 1825 and there built the residence known as “Arlington House.” He deeded it to his son, James H. A....

More Info
. N. Y.—​> immediately, to forward me the particular facts in his possession, req[u]esting him to be ready to attend the trial when the day shall be ascertai[ne]d.
11

JS began his letter to James Arlington Bennet regarding Rockwell’s situation on 17 March 1843 and finished it on 18 March. (See Historical Introduction to Letter to James Arlington Bennet, 17–18 Mar. 1843.)


——
I wish you to answer this, per bearer, informing the best plan of defence procedure, whether by defe[n]ce before the
Mo

Area acquired by U.S. in Louisiana Purchase, 1803, and established as territory, 1812. Missouri Compromise, 1820, admitted Missouri as slave state, 1821. Population in 1830 about 140,000; in 1836 about 240,000; and in 1840 about 380,000. Latter-day Saint ...

More Info
Courts, or by
Habeus Corpus

“Have the body”; a written order from a court of competent jurisdiction commanding anyone having a person in custody to produce such person at a certain time and place and to state the reasons why he or she is being held in custody. The court will determine...

View Glossary
— in the
U. S.

North American constitutional republic. Constitution ratified, 17 Sept. 1787. Population in 1805 about 6,000,000; in 1830 about 13,000,000; and in 1844 about 20,000,000. Louisiana Purchase, 1803, doubled size of U.S. Consisted of seventeen states at time ...

More Info
district Court.— and in either case. when it will be best to bring the case forward.— or, when it can be done. Have you any instruction for
Blennerhasset

9 May 1811–25 Dec. 1857. Teacher, lawyer. Born at Conway Castle, Killorglin, County Kerry, Ireland. Son of Edward Blennerhassett and Alicia Spotswood. Member of Church of England. Married Theresa M. Byron. Migrated to Upper Canada, May 1831. Moved to Attica...

View Full Bio
Esqr— at this time? Will it be consistent for you to call here and direct in the taking of affidavits— previous to the trial? Would it be well for to procure a change of venue from
Jackson

Settled at Fort Osage, 1808. County created, 16 Feb. 1825; organized 1826. Named after U.S. president Andrew Jackson. Featured fertile lands along Missouri River and was Santa Fe Trail departure point, which attracted immigrants to area. Area of county reduced...

More Info
. to the North east Co in
Mo

Area acquired by U.S. in Louisiana Purchase, 1803, and established as territory, 1812. Missouri Compromise, 1820, admitted Missouri as slave state, 1821. Population in 1830 about 140,000; in 1836 about 240,000; and in 1840 about 380,000. Latter-day Saint ...

More Info
. where which will bring the trial so near his friends can <​convenetly [conveniently]​> attend?
12

Clark County, the northeasternmost county in Missouri, was about ten miles from Nauvoo.


or some other County? Are you acquainted with
Esqr Blennhaset

9 May 1811–25 Dec. 1857. Teacher, lawyer. Born at Conway Castle, Killorglin, County Kerry, Ireland. Son of Edward Blennerhassett and Alicia Spotswood. Member of Church of England. Married Theresa M. Byron. Migrated to Upper Canada, May 1831. Moved to Attica...

View Full Bio
— if so what is his standing <​Reputation​> at the Bar?
Please to answ[e]r these questions, and give me all necessary information which may not happen to be attended to on this sheet and, believe me, as ever, your Fnd. in grateful reme[m]brance of the past.—
Joseph Smith.— [p. [2]]
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Document Information

Related Case Documents
Editorial Title
Letter to Justin Butterfield, 18 March 1843
ID #
1581
Total Pages
2
Print Volume Location
JSP, D12:72–75
Handwriting on This Page
  • Willard Richards

Footnotes

  1. [9]

    On 21 May 1842, the Quincy Whig published an editorial reporting rumors that in 1841 JS prophesied that Boggs would die a violent death, a charge that JS promptly denied. (“Assassination of Ex-Governor Boggs of Missouri,” Quincy [IL] Whig, 21 May 1842, [3]; Letter to Sylvester Bartlett, 22 May 1842.)

    Quincy Whig. Quincy, IL. 1838–1856.

  2. [10]

    In May 1842, Bennett was accused of sexual misconduct, allegations that led to his excommunication from the church, his resignation as mayor of Nauvoo, and his subsequent departure from the city. In September, the Times and Seasons office printed a broadsheet containing affidavits that detailed the charges against Bennett and denied allegations he had made against JS and the Saints. (Letter to the Church and Others, 23 June 1842; Affidavits and Certificates [Nauvoo, IL, 1842], copy at CHL; Crawley, Descriptive Bibliography, 1:202–204; see also Smith, Saintly Scoundrel, chap. 7.)

    Affidavits and Certificates, Disproving the Statements and Affidavits Contained in John C. Bennett’s Letters. Nauvoo Aug. 31, 1842. [Nauvoo, IL: 1842]. Copy at CHL.

    Crawley, Peter. A Descriptive Bibliography of the Mormon Church. 3 vols. Provo, UT: Religious Studies Center, Brigham Young University, 1997–2012.

    Smith, Andrew F. The Saintly Scoundrel: The Life and Times of Dr. John Cook Bennett. Urbana: University of Illinois Press, 1997.

  3. [11]

    JS began his letter to James Arlington Bennet regarding Rockwell’s situation on 17 March 1843 and finished it on 18 March. (See Historical Introduction to Letter to James Arlington Bennet, 17–18 Mar. 1843.)

  4. [12]

    Clark County, the northeasternmost county in Missouri, was about ten miles from Nauvoo.

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