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Justin Butterfield

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serve the real properties contained within the grants. Under the Butterfield-Douglas system, the General Land Office temporarily retained fifty percent of the real property within each land grant strip; but these sections were retained subject to the understanding that the railroad construction would open these sections for settlement and frontier farmers would eagerly buy them up when the time came. The negative side of these transactions was that the public purse received minimal recompense for the transfer of real estate that could soon see sharp increases in value. Concluded critic George Draffan: "The unfortunate checkerboard pattern of the land grants had begun during the canal land grant era, and continued with the railroad grants as a concession to opponents both of land subsidies and of interstate railroads."
478:. At least four candidates, including Butterfield, Cyrus Edwards, Lincoln, and J.L.D. "Don" Morrison mounted substantial campaigns for the position. In addition, Lincoln claimed in his correspondence that he estimated that at least 300 Illinois Whigs had taken at least preliminary steps to apply for the attractive job. The Springfield lawyer attacked Butterfield for being one of the least-partisan applicants, with among the weakest ties to the Whig Party. The Chicagoan's performance in office would confirm this judgment. On May 16, 1849, Lincoln wrote to 33: 199: 578: 1437: 422:(a contested legal doctrine in 1843) and stated that he and his client had appeared in federal court to "plead for liberty, personal freedom, secured to every citizen in this broad land by the Constitution of the United States." During the trial, the gallery had a large number of women. Butterfield's witty opening statement was "May it please your Honor, I appear before the Pope, in the presence of angels, to defend the Prophet of the Lord!" 517: 552:, previously used for canal land grants, by which a strip of unsold United States public lands under the control of the General Land Office could be marked off in alternate squares. By re-conceptualizing this system for railroad development, strips of land could be drawn so as to lay over, along, and on both sides of the proposed 438:
By 1849 Justin Butterfield was a Chicago attorney with strong national connections throughout the then-dominant Whig Party. In November 1848, the Whigs elected Zachary Taylor to the White House, and now had the pleasant task of selecting loyal party political figures to the high-ranking positions of
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monetize the land grants and raise the necessary capital; the railroad's construction was swift, with rail-laying starting December 1851 and the work concluding in September 1856. The system presaged other land grants that would be integral to building later western railway projects and opening the
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Although Judge Pope issued a decision on the lines suggested by counsel Butterfield and released Smith upon these terms, the Mormon leader and his close associates began to realize that they could not practice their faith within the boundaries of any of the existing states of the United States. Only
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enacted the Douglas bill to grant alternate sections of land to the new Illinois Central railroad, and the new railroad was chartered by the state of Illinois in February 1851. Butterfield's banking connections had helped make it possible to craft a deal that would enable the fledgling venture to
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stationed in western Kentucky and Tennessee. These Union forces operated under the commander-in-chief powers wielded by Abraham Lincoln, the Illinois lawyer Butterfield had once defeated. Mr. Lincoln also signed a series of bills, starting in July 1862, that utilized the checkerboard land-grant
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of a politically favored railroad. Alternate sections of public land were then granted to the railroad planners as a construction subsidy. The system was self-incentivizing; the land grants were almost worthless to the railroad and its builders unless they actually built the railway that was to
344:. A legal history of Illinois describes Butterfield as "one of the greatest lawyers of his time" and refers to the partnership of Butterfield & Collins, formed in 1835, as a firm of "very high rank, not only in the city of Chicago, but across the state." He was one of the trustees of 547:
Although Butterfield was a Whig officeholder nominally opposed to Douglas, his cross-party ties made it possible for the political appointee to develop a subterranean alliance with the Democratic senator. Butterfield and Douglas, working together, adopted the
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for his client, who was suspected of communicating with the enemy in Canada. He served the writ on the commanding general who was holding his client. The general evaded compliance, and Butterfield was branded as disloyal by the public. During the
485:"When you and I were almost sweating blood to have Genl. Taylor nominated, this same man was ridiculing the idea…If (Butterfield) went out of the city of Chicago to aid in (Taylor's) election, it is more than I ever heard, or believe." 560:
The adoption of the Butterfield-Douglas system made it possible, in late 1850, to unsnarl the forces that blocked construction of the railroad. The Whig executive Butterfield, the Democratic senator Douglas, and the Whig president
379:. By pledging to Eastern capital the half-excavated canal and much public land owned by the state, Butterfield obtained an emergency loan of $ 1.6 million, with which a shallow canal could be dug out and completed from Chicago to 473:
The Whig Party inner circles doled out key administration positions to political applicants by state, and it became known in early 1849 that the post of General Land Office commissioner would be awarded to a Whig from Illinois
394:, asked Butterfield to defend him in federal court. The Nauvoo leader had been arrested by Missouri peace officers on a variety of charges related to the Mormons' time in that state some years earlier; in order to avoid 531:
Butterfield's connections played a role in 1849–1852 as the General Land Office made one of the key policy moves in the history of U.S. public lands. During the 1840s planning had commenced for the construction of the
513:, while similar letters written and signed by congressmen on Lincoln's behalf disappeared from the same files, never to be seen again. Butterfield, appointed in July 1849, would head the Land Office for three years. 358:
Butterfield practiced with Collins in 1835–1843, and then with Erastus S. Williams in 1843–1849. He played a key role in helping Illinois businesses, and the State as a whole, work out from under the effects of the
600:. Butterfield, the last Whig to serve as Land Office commissioner, returned enfeebled to Chicago. He did not resume the practice of law, and never again enjoyed good health, dying in Chicago on October 23, 1855. 680:. However, all visible remnants of the cemetery were removed, excepting the Couch tomb, which is probably the oldest extant structure in the affected area of the City, everything else having been destroyed by the 1054:
4 Stat. 236 (1827) "granted to the state of Indiana...a quantity of land equal to one half of five sections in width, on each side of said canal, and reserving each alternate section to the United States..."
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While Lincoln's friends at first believed that he had the inside track for the appointment, the result was a disappointment. At the same time as Illinois Whigs were competing for the commissionership, the
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announced plans in July 2013 to hold a Springfield, Illinois re-enactment of the trial on September 24, 2013, with a discussion of the habeas corpus principles Butterfield had defended in court.
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interests that could serve each public servant well when the time came for him to retire to private life. Furthermore, the commissioner was paid the then-substantial salary of $ 3,000 per year.
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Ironically, only six years after Butterfield's death the railroad he helped to organize, the Illinois Central, played a key role in the mobilization of Union forces against Southern
383:. Although Illinois taxpayers achieved a less-than-optimal resolution of the state's difficulties, the deal helped Butterfield establish enduring connections with New York bankers. 1476: 1239: 1511: 298:, and the couple had eight children. As a New York State attorney, Butterfield was a strong defender of civil liberties, acting for two defendants sued in separate cases of 274:
student, he simultaneously studied college-level courses and served as a schoolteacher, as was allowed by the laws of that day. Upon completion of his studies he removed to
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Butterfield reinvested much of his legal fees in Chicago real estate, and left wealth to his family. His daughter, Elizabeth Butterfield Sawyer, and his granddaughter
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This was part of a larger relocation of the cemetery (which was not completely successful, as many bodies were left in place) and which also included remains of 4,000
536:. The state of Illinois, which had little capital of its own, needed to raise funds for the construction of a trunk railroad line to span the state from Chicago to 430:
led most of the surviving Mormons westward towards Utah. Although a Gentile, Butterfield's legal advocacy had played a role in the history of the Latter-Day Saints.
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he was asked if he opposed that war, replying "No, Sir! I oppose no war; I opposed one once and it ruined me. Henceforth I'm for war, pestilence, and famine!"
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of Chicago at a time when the village at the foot of Lake Michigan was beginning to establish its supremacy over all of the other settlements of the American
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the federal government could grant the Latter-Day Saints the space they needed to continue to develop their church. After Smith was killed in June 1844,
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A pamphlet biography of the pioneer lawyer was published in Chicago in 1880. In 1908, Garrett presented a portrait of her grandfather to the
1187: 1496: 1230: 306:. In 1835 the now middle-aged lawyer visited and established a practice with James H. Collins in the fast-growing frontier village of 1466: 450:(chief operating officer) of the U.S. General Land Office, the agency responsible for accounting for and selling public lands on the 494: 1158: 1296: 1097: 649: 391: 243: 1018: 231: 198: 1105: 985: 1064: 963: 1501: 1471: 1032: 860: 215: 501:, aggressively favored Butterfield for the position, and his wishes prevailed. Scholars have found pro-Butterfield 1506: 609: 497:, and folding the Land Office into the newly created department. Taylor's choice for Interior Secretary, Ohio's 1223: 553: 1024: 811: 1208: 911: 823: 566: 490: 368: 1351: 631: 223: 151: 648:
Butterfield's 1843 defense of Joseph Smith remained a key case in U.S. legal history as of 2013. The
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Charter, Constitution, By-laws, Membership list, Annual Report for the Year Ending October 31, 1908
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business meant that its commissioner had the opportunity of developing many ties with East Coast
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system invented by his two political adversaries, Butterfield and Douglas, to construct the
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Herndon's Informants: Letters, Interviews, and Statements About Abraham Lincoln
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administration, he is best known for having faced down, and defeated, another
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granted this motion, Smith and his lawyer made a spectacular appearance in a
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infrastructure throughout the United States. He was also one of the foremost
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At the height of his career, Butterfield was permanently disabled by a
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courtroom. Unrepentantly admitting to Judge Pope that his client was a
174: 455: 214:(1790 – October 23, 1855) served in 1849–1852 as commissioner of the 1130:"Cemetery Lot Owners — Hidden truths: Visualizing the City Cemetery" 371:, a work of such magnitude that it had helped to drive the state of 738:, which has often been said to be the oldest structure in the area. 459: 415: 399: 372: 279: 235: 917:
The Bench and Bar of Illinois: Historical and Reminiscent, vol. 2
402:, Butterfield asked a federal court sitting in Illinois to grant 341: 307: 239: 130: 1517:
American lawyers admitted to the practice of law by reading law
711:"The Couch Tomb — Hidden truths: Visualizing the City Cemetery" 593: 442:
Next to seats in Taylor's cabinet, one of the highest-ranking
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subdivided a family estate to develop what became Chicago's
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Butterfield had a colorful practice in New York. During the
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Butterfield also practiced criminal law. In summer 1843,
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in federal files from prominent national Whigs such as
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Commissioners of the United States General Land Office
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Commissioners of the United States General Land Office
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United States Attorneys for the District of Illinois
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Reminiscences of the early bench and bar of Illinois
634:, and were moved and reinterred on May 31, 1871, at 348:at its incorporation in 1837. In 1841 he was named 809: 1448: 234:for financing the construction of long-distance 986:"Lincoln on political patronage: May 16, 1849" 688:"Hidden truths: Visualizing the City Cemetery" 446:available to the triumphant Whigs was that of 1224: 855:. Vol. 1. Arno Press. pp. 433–435. 587: 910: 888:. The Chicago Legal News Company. pp.  392:Church of Jesus Christ of Latter Day Saints 244:Church of Jesus Christ of Latter Day Saints 64:June 21, 1849 â€“ September 15, 1852 1231: 1217: 816:Journal of the Abraham Lincoln Association 805: 803: 801: 799: 797: 626:His remains were originally interred in a 31: 844: 842: 840: 509:and the Chicago lawyer's personal friend 1482:History of the Latter Day Saint movement 1093:History of the Illinois Central Railroad 1005: 1003: 906: 904: 902: 874: 872: 771: 769: 767: 765: 763: 761: 759: 757: 755: 576: 515: 495:United States Department of the Interior 216:General Land Office of the United States 1185: 1134:The Chicago Cemetery & Lincoln Park 1057: 958: 952: 848: 794: 715:The Chicago Cemetery & Lincoln Park 692:The Chicago Cemetery & Lincoln Park 565:found themselves working together. The 526: 420:supremacy of federal law over state law 246:in Illinois during the final period of 52:Commissioner of the General Land Office 1449: 1127: 1089: 1083: 878: 837: 775: 708: 685: 433: 336:Butterfield became one of the pioneer 1212: 1000: 899: 869: 782:. Chicago: Chicago Legal News Company 752: 650:Abraham Lincoln Presidential Library 439:the incoming Taylor administration. 1151: 1013:; Wilson, Terry; Davis, Rodney O.; 540:. Butterfield's fellow Illinoisan 13: 331: 14: 1528: 1497:19th-century American politicians 1186:Spearie, Steven (July 13, 2013). 849:Andreas, Alfred Theodore (1884). 454:. The General Land Office hired 1467:People from Keene, New Hampshire 1435: 197: 1179: 1121: 1067:. landgrant.org. Archived from 667: 610:First transcontinental railroad 521:Illinois Central 1850 route map 262:Justin Butterfield was born in 242:defenders of the rights of the 1048: 978: 1: 964:"The Life of Abraham Lincoln" 655: 418:, Butterfield proclaimed the 128:October 23, 1855 (aged 64–65) 1025:University of Illinois Press 779:Memoir of Justin Butterfield 660: 582:Justin Butterfield tombstone 257: 226:candidate for the same job, 7: 824:Abraham Lincoln Association 810:Thomas F. Schwartz (1986). 369:Illinois and Michigan Canal 10: 1533: 1165:Chicago Historical Society 745: 643:Chicago Historical Society 588:Illness, death, and legacy 232:railroad land grant system 1433: 1246: 534:Illinois Central Railroad 503:letters of recommendation 205: 193: 185: 173: 165: 157: 147: 137: 124: 111: 106: 102: 90: 78: 68: 57: 49: 45: 30: 23: 1502:New York (state) lawyers 1472:Politicians from Chicago 1090:Stover, John F. (1975). 776:Wilson, John M. (1880). 317:, he obtained a writ of 1507:Williams College alumni 1367:Strother M. Stockslager 1138:Northwestern University 1128:Bannos, Pamela (2012). 1023:. Champaign, Illinois: 719:Northwestern University 709:Bannos, Pamela (2012). 696:Northwestern University 686:Bannos, Pamela (2012). 1192:State Journal-Register 1015:Herndon, William Henry 584: 523: 460:map the lands for sale 350:United States Attorney 37:Justin Butterfield by 1071:on September 26, 2013 912:Palmer (ed.), John M. 580: 550:"checkerboard" system 519: 493:was creating the new 480:Secretary of the Navy 412:Springfield, Illinois 406:to Smith. When Judge 266:in 1790. He entered 1402:Richard A. Ballinger 1362:William A. J. Sparks 1287:Elisha M. Huntington 527:Railroad land grants 354:District of Illinois 346:Rush Medical College 326:Mexican–American War 270:at age seventeen; a 264:Keene, New Hampshire 118:Keene, New Hampshire 1397:William A. Richards 1352:James A. Williamson 1317:Thomas A. Hendricks 1167:. 1908. p. 453 894:Justin Butterfield. 736:Chicago Water Tower 434:General Land Office 296:Schoharie, New York 276:Watertown, New York 16:American politician 1322:Samuel Axley Smith 1307:Justin Butterfield 1100:. pp. 15–30. 1011:Wilson, Douglas L. 988:. 21st Century Abe 968:McClure's Magazine 944:has generic name ( 852:History of Chicago 732:Graceland Cemetery 682:Great Chicago Fire 636:Graceland Cemetery 617:Ada Sawyer Garrett 605:Confederate armies 585: 542:Stephen A. Douglas 524: 483:William B. Preston 390:, the head of the 381:La Salle, Illinois 365:debt restructuring 363:. Specializing in 212:Justin Butterfield 142:Graceland Cemetery 25:Justin Butterfield 1444: 1443: 1387:Silas W. Lamoreux 1357:Noah C. McFarland 1347:Samuel S. Burdett 1277:Ethan Allen Brown 1096:. New York City: 572:American Frontier 476:to be named later 452:American frontier 304:freedom of speech 282:in the office of 209: 208: 1524: 1487:Illinois lawyers 1439: 1422:Charles C. Moore 1382:William M. Stone 1377:Thomas H. Carter 1337:Joseph S. Wilson 1332:James M. Edmunds 1327:Joseph S. Wilson 1302:Richard M. Young 1233: 1226: 1219: 1210: 1209: 1203: 1202: 1200: 1198: 1183: 1177: 1176: 1174: 1172: 1155: 1149: 1148: 1146: 1144: 1125: 1119: 1118: 1116: 1114: 1087: 1081: 1080: 1078: 1076: 1061: 1055: 1052: 1046: 1045: 1043: 1041: 1007: 998: 997: 995: 993: 982: 976: 975: 956: 950: 949: 943: 939: 937: 929: 927: 925: 908: 897: 896: 880:Linder, Usher F. 876: 867: 866: 846: 835: 834: 832: 830: 807: 792: 791: 789: 787: 773: 739: 729: 727: 725: 706: 704: 702: 678:prisoners of war 671: 563:Millard Fillmore 268:Williams College 201: 180:Williams College 161:Elizabeth Pearce 107:Personal details 93: 85:Richard M. Young 81: 62: 35: 21: 20: 1532: 1531: 1527: 1526: 1525: 1523: 1522: 1521: 1447: 1446: 1445: 1440: 1431: 1427:Fred W. Johnson 1342:Willis Drummond 1292:Thomas H. 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Chicago: 942:|last= 675:Confederate 598:John Wilson 464:real estate 396:extradition 315:War of 1812 292:New Orleans 278:, where he 97:John Wilson 80:Preceded by 1451:Categories 656:References 507:Henry Clay 272:work-study 186:Occupation 175:Alma mater 1098:Macmillan 934:cite book 661:Footnotes 456:surveyors 338:attorneys 258:Biography 194:Signature 69:President 60:In office 1197:July 13, 1075:July 13, 1017:(1998). 914:(1899). 882:(1879). 416:fugitive 400:lynching 373:Illinois 352:for the 280:read law 236:railroad 166:Children 1248:  992:July 9, 746:Sources 468:banking 377:default 342:Midwest 308:Chicago 240:Gentile 131:Chicago 1104:  1031:  859:  734:. 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Index


Mathew Brady
Commissioner of the General Land Office
Zachary Taylor
Richard M. Young
John Wilson
Keene, New Hampshire
Chicago
Graceland Cemetery
Whig
Alma mater
Williams College

General Land Office of the United States
Zachary Taylor
Whig
Abraham Lincoln
railroad land grant system
railroad
Gentile
Church of Jesus Christ of Latter Day Saints
Joseph Smith's
Nauvoo
Keene, New Hampshire
Williams College
work-study
Watertown, New York
read law
Egbert Ten Eyck
Adams, New York

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