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Letter to Horace Hotchkiss, 26 November 1842

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
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
, [
Fair Haven

Village in south-central Connecticut, located on Quinnipiac River. Population in 1853 about 3,000.

More Info
, New Haven Co., CT], 26 Nov. 1842. Featured version copied [ca. 26 Nov. 1842]; handwriting of
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
; three pages; Newel K. Whitney, Papers, BYU. Includes docket and archival marking.
Bifolium measuring 10 × 8 inches (25 × 20 cm) when folded. The bifolium is ruled with twenty-six horizontal lines printed in brown ink, now faded, with header space. The upper left corner of the first recto contains an embossment of “CONGRESS | SOUTHWORTH CO” encircling an image of a bird holding a branch in its beak, likely the insignia of the West Springfield, Massachusetts, paper mill firm established by Wells and Edward Southworth in 1839.
1

Weeks, History of Paper-Manufacturing, 249.


Comprehensive Works Cited

Weeks, Lyman Horace. A History of Paper-Manufacturing in the United States, 1690–1916. New York: Lockwood Trade Journal, 1916.

The letter was folded twice horizontally for storage and docketed. There is some water damage and fading along the fold patterns.
The document was 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...

View Full Bio
, who served as scribe to JS from 1842 to 1844 and as
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
temple recorder from 1842 to 1846.
2

JS, Journal, 29 June 1842; “Clayton, William,” in Jenson, Latter-day Saint Biographical Encyclopedia, 1:718; Clayton, History of the Nauvoo Temple, 18, 30–31.


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.

Clayton, William. History of the Nauvoo Temple, ca. 1845. CHL. MS 3365.

In late 1844, following JS’s death,
Bishop

An ecclesiastical and priesthood office. JS appointed Edward Partridge as the first bishop in February 1831. Following this appointment, Partridge functioned as the local leader of the church in Missouri. Later revelations described a bishop’s duties as receiving...

View Glossary
Newel K. Whitney

3/5 Feb. 1795–23 Sept. 1850. Trader, merchant. Born at Marlborough, Windham Co., Vermont. Son of Samuel Whitney and Susanna Kimball. Moved to Fairfield, Herkimer Co., New York, 1803. Merchant at Plattsburg, Clinton Co., New York, 1814. Mercantile clerk for...

View Full Bio
became one of the interim church trustees and was appointed “first bishop” among other Nauvoo bishops.
3

Richards, Journal, 9 Aug. 1844; “Conference Minutes,” Times and Seasons, 1 Nov. 1844, 5:693; see also Minutes, Times and Seasons, Dec. 1839, 1:30.


Comprehensive Works Cited

Richards, Willard. Journals, 1836–1853. Willard Richards, Papers, 1821–1854. CHL. MS 1490, boxes 1–2.

Times and Seasons. Commerce/Nauvoo, IL. Nov. 1839–Feb. 1846.

It was presumably during this time that many of the church’s financial and other administrative records passed into his possession. This document, along with many other personal and institutional documents that Whitney kept, was inherited by Newel K. and
Elizabeth Ann Smith Whitney

26 Dec. 1800–15 Feb. 1882. Born at Derby, New Haven Co., Connecticut. Daughter of Gibson Smith and Polly Bradley. Moved to Ohio, 1819. Married Newel K. Whitney, 20 Oct. 1822, at Kirtland, Geauga Co., Ohio. Shortly after, joined reformed Baptist (later Disciples...

View Full Bio
’s daughter Mary Jane Whitney, who was married to Isaac Groo. The documents were passed down within the Groo family. Between 1969 and 1974, the Groo family donated their collection of Newel K. Whitney’s papers to the J. Reuben Clark Library (renamed Harold B. Lee Library in 1973) at Brigham Young University.
4

Andrus and Fuller, Register of the Newel Kimball Whitney Papers, 24; Wilkinson et al., Brigham Young University, 4:255.


Comprehensive Works Cited

Andrus, Hyrum L., and Chris Fuller, comp. Register of the Newel Kimball Whitney Papers. Provo, UT: Division of Archives and Manuscripts, Harold B. Lee Library, Brigham Young University, 1978.

Wilkinson, Ernest L., Leonard J. Arrington, and Bruce C. Hafen, eds. Brigham Young University: The First One Hundred Years. Vol. 4. Provo, UT: Brigham Young University Press, 1976.

Footnotes

  1. [1]

    Weeks, History of Paper-Manufacturing, 249.

    Weeks, Lyman Horace. A History of Paper-Manufacturing in the United States, 1690–1916. New York: Lockwood Trade Journal, 1916.

  2. [2]

    JS, Journal, 29 June 1842; “Clayton, William,” in Jenson, Latter-day Saint Biographical Encyclopedia, 1:718; Clayton, History of the Nauvoo Temple, 18, 30–31.

    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.

    Clayton, William. History of the Nauvoo Temple, ca. 1845. CHL. MS 3365.

  3. [3]

    Richards, Journal, 9 Aug. 1844; “Conference Minutes,” Times and Seasons, 1 Nov. 1844, 5:693; see also Minutes, Times and Seasons, Dec. 1839, 1:30.

    Richards, Willard. Journals, 1836–1853. Willard Richards, Papers, 1821–1854. CHL. MS 1490, boxes 1–2.

    Times and Seasons. Commerce/Nauvoo, IL. Nov. 1839–Feb. 1846.

  4. [4]

    Andrus and Fuller, Register of the Newel Kimball Whitney Papers, 24; Wilkinson et al., Brigham Young University, 4:255.

    Andrus, Hyrum L., and Chris Fuller, comp. Register of the Newel Kimball Whitney Papers. Provo, UT: Division of Archives and Manuscripts, Harold B. Lee Library, Brigham Young University, 1978.

    Wilkinson, Ernest L., Leonard J. Arrington, and Bruce C. Hafen, eds. Brigham Young University: The First One Hundred Years. Vol. 4. Provo, UT: Brigham Young University Press, 1976.

Historical Introduction

On 26 November 1842, JS wrote a letter from
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
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
in
Fair Haven

Village in south-central Connecticut, located on Quinnipiac River. Population in 1853 about 3,000.

More Info
, Connecticut, responding to Hotchkiss’s concerns regarding JS’s bankruptcy proceedings and the growth of Nauvoo.
1

See Horace Hotchkiss, Fair Haven, CT, to Sidney Rigdon, Nauvoo, IL, 8 Nov. 1842, Newel K. Whitney, Papers, BYU.


In 1839 JS,
Sidney Rigdon

19 Feb. 1793–14 July 1876. Tanner, farmer, minister. Born at St. Clair, Allegheny Co., Pennsylvania. Son of William Rigdon and Nancy Gallaher. Joined United Baptists, ca. 1818. Preached at Warren, Trumbull Co., Ohio, and vicinity, 1819–1821. Married Phebe...

View Full Bio
, and
Hyrum Smith

9 Feb. 1800–27 June 1844. Farmer, cooper. Born at Tunbridge, Orange Co., Vermont. Son of Joseph Smith Sr. and Lucy Mack. Moved to Randolph, Orange Co., 1802; back to Tunbridge, before May 1803; to Royalton, Windsor Co., Vermont, 1804; to Sharon, Windsor Co...

View Full Bio
(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...

View Glossary
’s
First Presidency

The highest presiding body of the church. An 11 November 1831 revelation stated that the president of the high priesthood was to preside over the church. JS was ordained as president of the high priesthood on 25 January 1832. In March 1832, JS appointed two...

View Glossary
) purchased much of the land that would become Nauvoo from the partnership of Hotchkiss,
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...

View Full Bio
, 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...

View Full Bio
. According to the terms of the agreement, the title to the property would not officially transfer to the First Presidency until payment had been made in full.
2

Bond from Horace Hotchkiss, 12 Aug. 1839–A.


Since making the purchase agreement, Hotchkiss had kept up a regular correspondence with JS concerning the growth of Nauvoo and church leaders’ difficulty making the scheduled annual payments.
3

For the most recent correspondence between them, see Letter from Horace Hotchkiss, 27 May 1842; and Letter to Horace Hotchkiss, 30 June 1842.


In January 1842, JS, Rigdon, and Hyrum Smith transferred the Hotchkiss, Tuttle, and Gillet land to JS as trustee-in-trust for the church—likely without Hotchkiss’s knowledge.
4

Bond from First Presidency, 4 Jan. 1842.


In April 1842, faced with this and other debts, JS determined to take advantage of the recently passed General Bankruptcy Act of 1841 and file for bankruptcy.
5

An Act to Establish a Uniform System of Bankruptcy [19 Aug. 1841], Public Statutes at Large, 27th Cong., 1st Sess., chap. 9, pp. 440–449; Application for Bankruptcy, ca. 14–16 Apr. 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.

In May 1842, JS informed
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
of his decision, promising him he would still be paid in full but advising that all of JS’s creditors would “have to fare alike” in the proceedings.
6

Letter to Horace Hotchkiss, 13 May 1842.


Hotchkiss responded later that month by warning that declaring bankruptcy would “have a most disastrous influence upon your society both commercially and religiously” and reminding JS that because he did not yet hold legal title to the lands he purchased from Hotchkiss they could not be listed among JS’s assets.
7

Letter from Horace Hotchkiss, 27 May 1842.


JS replied to Hotchkiss in June 1842 reiterating that all JS’s creditors would “have to fare alike.”
8

Letter to Horace Hotchkiss, 30 June 1842.


Although Hotchkiss apparently responded to that letter after he received it, JS never received the reply and it is apparently not extant.
In the meantime,
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
became concerned about the lack of information he was receiving from
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
. On 8 November 1842, after more than four months passed without receiving any word from JS or his associates, Hotchkiss wrote a letter to
Rigdon

19 Feb. 1793–14 July 1876. Tanner, farmer, minister. Born at St. Clair, Allegheny Co., Pennsylvania. Son of William Rigdon and Nancy Gallaher. Joined United Baptists, ca. 1818. Preached at Warren, Trumbull Co., Ohio, and vicinity, 1819–1821. Married Phebe...

View Full Bio
—the first of the three men listed on the original 1839 bond for the property—inquiring about the sale of city lots and any improvements made to the land. Hotchkiss also reminded him that the church was responsible for paying taxes on the property.
9

Horace Hotchkiss, Fair Haven, CT, to Sidney Rigdon, Nauvoo, IL, 8 Nov. 1842, Newel K. Whitney, Papers, BYU.


When this letter arrived in Nauvoo, Rigdon gave it to JS, presumably because the land had been transferred to JS as trustee-in-trust for the church.
10

Bond from First Presidency, 4 Jan. 1842.


JS responded to
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
’s letter to
Rigdon

19 Feb. 1793–14 July 1876. Tanner, farmer, minister. Born at St. Clair, Allegheny Co., Pennsylvania. Son of William Rigdon and Nancy Gallaher. Joined United Baptists, ca. 1818. Preached at Warren, Trumbull Co., Ohio, and vicinity, 1819–1821. Married Phebe...

View Full Bio
on 26 November 1842. Although JS’s bankruptcy proceedings were ongoing, he informed Hotchkiss that based on his current understanding, their contract would not be affected by the process because he considered it to be a trustee-in-trust debt rather than a personal debt. JS therefore declined to provide Hotchkiss with the requested information regarding the sale and development of city lots. JS justified his lack of communication by pointing to the alleged corruption of Rigdon and others running 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
post office

First post office located in area known as Venus, near west end of present-day Parley Street, 1830–1834. Name changed to Commerce post office, 11 Oct. 1834. Renamed Nauvoo post office, 21 Apr. 1840, with George W. Robinson appointed postmaster. Robinson operated...

More Info
by withholding or stealing letters. In a postscript, JS suggested that they renew their agreement, presumably with an altered schedule of payments.
The sent copy of the letter is apparently not extant.
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
likely served as scribe for the original letter, though it is unclear if the version featured here is Clayton’s initial draft or a retained copy made before it was sent.
11

Clayton’s docket began with the word “Copy” encircled and apart from the rest of the docket. This notation may have served either as a description of this letter or as instructions to another clerk to make a copy of the letter.


In either case, the featured version was retained with JS’s records and later copied into JS Letterbook 2.
12

JS, Nauvoo, IL, to Horace Hotchkiss, 26 Nov. 1842, in JS Letterbook 2, pp. 241–242.


The sent copy arrived in
Fair Haven

Village in south-central Connecticut, located on Quinnipiac River. Population in 1853 about 3,000.

More Info
by 19 December, when
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
responded, acknowledging JS’s difficulties but admonishing him to write more frequently.
13

Letter from Horace Hotchkiss, 19 Dec. 1842.


Footnotes

  1. [1]

    See Horace Hotchkiss, Fair Haven, CT, to Sidney Rigdon, Nauvoo, IL, 8 Nov. 1842, Newel K. Whitney, Papers, BYU.

  2. [2]

    Bond from Horace Hotchkiss, 12 Aug. 1839–A.

  3. [3]

    For the most recent correspondence between them, see Letter from Horace Hotchkiss, 27 May 1842; and Letter to Horace Hotchkiss, 30 June 1842.

  4. [4]

    Bond from First Presidency, 4 Jan. 1842.

  5. [5]

    An Act to Establish a Uniform System of Bankruptcy [19 Aug. 1841], Public Statutes at Large, 27th Cong., 1st Sess., chap. 9, pp. 440–449; Application for Bankruptcy, ca. 14–16 Apr. 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.

  6. [6]

    Letter to Horace Hotchkiss, 13 May 1842.

  7. [7]

    Letter from Horace Hotchkiss, 27 May 1842.

  8. [8]

    Letter to Horace Hotchkiss, 30 June 1842.

  9. [9]

    Horace Hotchkiss, Fair Haven, CT, to Sidney Rigdon, Nauvoo, IL, 8 Nov. 1842, Newel K. Whitney, Papers, BYU.

  10. [10]

    Bond from First Presidency, 4 Jan. 1842.

  11. [11]

    Clayton’s docket began with the word “Copy” encircled and apart from the rest of the docket. This notation may have served either as a description of this letter or as instructions to another clerk to make a copy of the letter.

  12. [12]

    JS, Nauvoo, IL, to Horace Hotchkiss, 26 Nov. 1842, in JS Letterbook 2, pp. 241–242.

  13. [13]

    Letter from Horace Hotchkiss, 19 Dec. 1842.

Asterisk (*) denotes a "featured" version, which includes an introduction and annotation. *Letter to Horace Hotchkiss, 26 November 1842 Letterbook 2 History, 1838–1856, volume D-1 [1 August 1842–1 July 1843] “History of Joseph Smith”

Page [2]

between us, this explains the reason of my doing so.
5

JS had listed a $50,000 debt to Hotchkiss on his schedule of creditors when he petitioned for bankruptcy. (Application for Bankruptcy, ca. 14–16 Apr. 1842.)


I have since learned from a decision of the Judge of the supreme court that it was not necessary, and that the Law has no jurisdiction over such a contract; consequently, as I have before stated I am disposed to hold to it, providing you will not press the payments.
6

Because of the large number of legal cases involving bankruptcy in 1842, it is unclear to which decision JS was referring. The context here suggests that the decision was related to the nature of trustee or fiduciary debts, which was a matter of contention in bankruptcy proceedings. While the 1841 bankruptcy act explicitly disqualified debts created “in consequence of a defalcation . . . as executor, administrator, guardian or trustee, or while acting in any other fiduciary capacity,” in practice there were diverging legal opinions regarding how such debts should be treated. For example, in a September 1842 decision by the United States Circuit Court for the District of Massachusetts, Justice Joseph Story noted that three of his fellow supreme court justices had expressed differing opinions about fiduciary debts and bankruptcy in their judgments. Justice Peter Daniel opined that persons with fiduciary debts could not apply for bankruptcy at all, while justices John McLean and Smith Thompson argued that fiduciary debts did not prevent people from applying for bankruptcy. Even then, McLean and Thompson differed over whether creditors could voluntarily prove the fiduciary debts in court and seek compensation. In his judgment, Justice Story aligned most closely with Thompson, arguing that people with fiduciary debts could file for bankruptcy but that their fiduciary debts could only be discharged if their creditors voluntarily elected to prove the debt in court. It is unclear whether JS was referring to this or another decision, but his argument seems to reflect the same logic as that of Justice McLean, who argued that fiduciary debts did not prohibit bankruptcy but were exempt from bankruptcy proceedings. Opinions in Illinois varied, however, and about a month after JS’s letter to Hotchkiss, the United States attorney for Illinois, Justin Butterfield, expressed his belief to JS that, despite the debt’s fiduciary nature, bankruptcy would absolve JS of the Hotchkiss debt. (An Act to Establish a Uniform System of Bankruptcy [19 Aug. 1841], Public Statutes at Large, 27th Cong., 1st Sess., chap. 9, p. 441, sec. 1; “In the Matter of John C. Tebbetts,” 259–269; JS, Journal, 5 Jan. 1843.)


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.

“In the Matter of John C. Tebbetts” / “Circuit Court of the United States, Massachusetts, September 7, 1842, at Boston. In Bankruptcy. In the Matter of John C. Tebbetts.” Law Reporter 5 (Oct. 1842): 259–269.

Under these circumstances I consider it unnecessary to give you the information required in your letter in regard to the number and kind of houses on the land &c.
7

In his letter to Rigdon, Hotchkiss had asked for the number and type of buildings built on his lands in Nauvoo as well as what kind of legal title they had received for the land. (Horace Hotchkiss, Fair Haven, CT, to Sidney Rigdon, Nauvoo, IL, 8 Nov. 1842, Newel K. Whitney, Papers, BYU.)


I shall expect to hear from you again soon.
In regard to your having wrote to me some few weeks ago I will observe, that I have received no communication from you for some months back; if you wrote to me, the letter has been brake open and detained not no doubt; as has been the case with a great quantity of letters from my friends of late and especially within the past three months. Few if any letters for me can get through the
post Office

First post office located in area known as Venus, near west end of present-day Parley Street, 1830–1834. Name changed to Commerce post office, 11 Oct. 1834. Renamed Nauvoo post office, 21 Apr. 1840, with George W. Robinson appointed postmaster. Robinson operated...

More Info
in this place and more particularly letters containing money and matters of much importance. I am satisfied that
S. Rigdon

19 Feb. 1793–14 July 1876. Tanner, farmer, minister. Born at St. Clair, Allegheny Co., Pennsylvania. Son of William Rigdon and Nancy Gallaher. Joined United Baptists, ca. 1818. Preached at Warren, Trumbull Co., Ohio, and vicinity, 1819–1821. Married Phebe...

View Full Bio
and others connected with him has been the means of doing incalculable injury not only to myself but to the citizens in general, and sir under such a state of things you will have some idea of the difficulties I have to encounter and the censure I have to bear through the unjust conduct of that man and others whom he permits to interfere with the Post Office business.
8

In September 1842, JS complained that John C. Bennett and “his confederate” were stealing and disrupting the mail in Nauvoo. On 6 November, JS likewise accused George W. Robinson, Rigdon’s son-in-law, and “others” of embezzling letters and money sent through the post office. Two days later, JS and others sent a petition to the postmaster general requesting that he dismiss Rigdon as Nauvoo’s postmaster and appoint JS in his place. This petition was accompanied by affidavits “proving that letters had frequently been broken open money detained, and letters charged twice over.” (Letter to James Arlington Bennet, 8 Sept. 1842; Letter to George W. Robinson, 6 Nov. 1842; JS, Journal, 8 Nov. 1842; Letter to Richard M. Young, 9 Feb. 1843.)


Having said so much I must close for the present. You will hereby understand my feelings upon the [p. [2]]
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Page [2]

Document Information

Related Case Documents
Editorial Title
Letter to Horace Hotchkiss, 26 November 1842
ID #
950
Total Pages
4
Print Volume Location
JSP, D11:231–235
Handwriting on This Page
  • William Clayton

Footnotes

  1. [5]

    JS had listed a $50,000 debt to Hotchkiss on his schedule of creditors when he petitioned for bankruptcy. (Application for Bankruptcy, ca. 14–16 Apr. 1842.)

  2. [6]

    Because of the large number of legal cases involving bankruptcy in 1842, it is unclear to which decision JS was referring. The context here suggests that the decision was related to the nature of trustee or fiduciary debts, which was a matter of contention in bankruptcy proceedings. While the 1841 bankruptcy act explicitly disqualified debts created “in consequence of a defalcation . . . as executor, administrator, guardian or trustee, or while acting in any other fiduciary capacity,” in practice there were diverging legal opinions regarding how such debts should be treated. For example, in a September 1842 decision by the United States Circuit Court for the District of Massachusetts, Justice Joseph Story noted that three of his fellow supreme court justices had expressed differing opinions about fiduciary debts and bankruptcy in their judgments. Justice Peter Daniel opined that persons with fiduciary debts could not apply for bankruptcy at all, while justices John McLean and Smith Thompson argued that fiduciary debts did not prevent people from applying for bankruptcy. Even then, McLean and Thompson differed over whether creditors could voluntarily prove the fiduciary debts in court and seek compensation. In his judgment, Justice Story aligned most closely with Thompson, arguing that people with fiduciary debts could file for bankruptcy but that their fiduciary debts could only be discharged if their creditors voluntarily elected to prove the debt in court. It is unclear whether JS was referring to this or another decision, but his argument seems to reflect the same logic as that of Justice McLean, who argued that fiduciary debts did not prohibit bankruptcy but were exempt from bankruptcy proceedings. Opinions in Illinois varied, however, and about a month after JS’s letter to Hotchkiss, the United States attorney for Illinois, Justin Butterfield, expressed his belief to JS that, despite the debt’s fiduciary nature, bankruptcy would absolve JS of the Hotchkiss debt. (An Act to Establish a Uniform System of Bankruptcy [19 Aug. 1841], Public Statutes at Large, 27th Cong., 1st Sess., chap. 9, p. 441, sec. 1; “In the Matter of John C. Tebbetts,” 259–269; JS, Journal, 5 Jan. 1843.)

    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.

    “In the Matter of John C. Tebbetts” / “Circuit Court of the United States, Massachusetts, September 7, 1842, at Boston. In Bankruptcy. In the Matter of John C. Tebbetts.” Law Reporter 5 (Oct. 1842): 259–269.

  3. [7]

    In his letter to Rigdon, Hotchkiss had asked for the number and type of buildings built on his lands in Nauvoo as well as what kind of legal title they had received for the land. (Horace Hotchkiss, Fair Haven, CT, to Sidney Rigdon, Nauvoo, IL, 8 Nov. 1842, Newel K. Whitney, Papers, BYU.)

  4. [8]

    In September 1842, JS complained that John C. Bennett and “his confederate” were stealing and disrupting the mail in Nauvoo. On 6 November, JS likewise accused George W. Robinson, Rigdon’s son-in-law, and “others” of embezzling letters and money sent through the post office. Two days later, JS and others sent a petition to the postmaster general requesting that he dismiss Rigdon as Nauvoo’s postmaster and appoint JS in his place. This petition was accompanied by affidavits “proving that letters had frequently been broken open money detained, and letters charged twice over.” (Letter to James Arlington Bennet, 8 Sept. 1842; Letter to George W. Robinson, 6 Nov. 1842; JS, Journal, 8 Nov. 1842; Letter to Richard M. Young, 9 Feb. 1843.)

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