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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
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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
556:
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
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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
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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
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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.
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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
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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.
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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
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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
462:, and appointed local land agents to operate regional land sale offices. In addition, the position of the General Land Office at the fulcrum of what was then the American
615:
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
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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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596:. With the Whigs soon to leave power, he laid down his commissionership in 1852 and was replaced, in September of that year, by the nonpartisan
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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
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306:. In 1835 the now middle-aged lawyer visited and established a practice with James H. Collins in the fast-growing frontier village of
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450:(chief operating officer) of the U.S. General Land Office, the agency responsible for accounting for and selling public lands on the
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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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812:"An Egregious Political Blunder: Justin Butterfield, Lincoln, and Illinois Whiggery"
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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
544:, a Democrat elected to Congress in 1842, became the leader in this effort.
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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
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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
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The Bench and Bar of Illinois: Historical and Reminiscent, vol. 2
402:, Butterfield asked a federal court sitting in Illinois to grant
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American lawyers admitted to the practice of law by reading law
711:"The Couch Tomb — Hidden truths: Visualizing the City Cemetery"
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Next to seats in Taylor's cabinet, one of the highest-ranking
310:, and by 1837 he completed his casework in upstate New York.
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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
920:. Chicago: Lewis Publishing Company. pp. 608, 613, 667
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Butterfield also practiced criminal law. In summer 1843,
286:. At age 22 he was admitted to the bar, and practiced in
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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
1188:"Mormon founder getting 'day in court' in Springfield"
1065:"Taking Back Our Land: A History of Land Grant Reform"
218:. Appointed to this position in 1849 by the incoming
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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
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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
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855:. Vol. 1. Arno Press. pp. 433–435.
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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 – September 15, 1852
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816:Journal of the Abraham Lincoln Association
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626:His remains were originally interred in a
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509:and the Chicago lawyer's personal friend
1482:History of the Latter Day Saint movement
1093:History of the Illinois Central Railroad
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216:General Land Office of the United States
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1134:The Chicago Cemetery & Lincoln Park
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715:The Chicago Cemetery & Lincoln Park
692:The Chicago Cemetery & Lincoln Park
565:found themselves working together. The
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420:supremacy of federal law over state law
246:in Illinois during the final period of
52:Commissioner of the General Land Office
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782:. Chicago: Chicago Legal News Company
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650:Abraham Lincoln Presidential Library
439:the incoming Taylor administration.
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1013:; Wilson, Terry; Davis, Rodney O.;
540:. Butterfield's fellow Illinoisan
13:
331:
14:
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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
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1067:. landgrant.org. Archived from
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610:First transcontinental railroad
521:Illinois Central 1850 route map
262:Justin Butterfield was born in
242:defenders of the rights of the
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978:
1:
964:"The Life of Abraham Lincoln"
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418:, Butterfield proclaimed the
128:October 23, 1855 (aged 64–65)
1025:University of Illinois Press
779:Memoir of Justin Butterfield
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582:Justin Butterfield tombstone
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226:candidate for the same job,
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824:Abraham Lincoln Association
810:Thomas F. Schwartz (1986).
369:Illinois and Michigan Canal
10:
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1165:Chicago Historical Society
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588:Illness, death, and legacy
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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
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460:map the lands for sale
350:United States Attorney
37:Justin Butterfield by
1071:on September 26, 2013
912:Palmer (ed.), John M.
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550:"checkerboard" system
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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
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542:Stephen A. Douglas
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483:William B. Preston
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381:La Salle, Illinois
365:debt restructuring
363:. Specializing in
212:Justin Butterfield
142:Graceland Cemetery
25:Justin Butterfield
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1387:Silas W. Lamoreux
1357:Noah C. McFarland
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1096:. New York City:
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452:American frontier
304:freedom of speech
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1195:. Retrieved
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39:Mathew Brady
18:
1462:1855 deaths
1457:1790 births
1312:John Wilson
1262:John McLean
1163:. 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
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992:July 9,
746:Sources
468:banking
377:default
342:Midwest
308:Chicago
240:Gentile
131:Chicago
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734:. See
594:stroke
252:Nauvoo
189:lawyer
158:Spouse
50:12th
974:: 83.
892:–88.
822:(1).
628:vault
375:into
300:libel
169:eight
1199:2013
1173:2012
1145:2012
1115:2012
1102:ISBN
1077:2013
1042:2012
1029:ISBN
994:2013
946:help
926:2012
857:ISBN
831:2012
788:2012
730:See
726:2012
703:2012
224:Whig
152:Whig
125:Died
120:, US
115:1790
112:Born
630:at
458:to
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