15 letters, 27 pp., dated 6 February 1864 to 15 March 1895; of the 15 letters, 12 are dated 1879 to 1883; also includes a three-page manuscript note; and 2 used bank checks.
Thirteen of the fifteen letters were written
to William Allen Butler; they were written by: U.S. Senator George F. Edmonds,
of Vermont (5); U.S. Congressman Simeon B. Chittenden, of New York (5); E.C.
Benedict of Albany, NY (1); attorney George W. Parsons, of New York, NY (1); and
his son Benjamin F. Butler, of Boston, MA (2); the remaining two letters
written by William Allen Butler himself, listed as of New York, NY (1) to Lieut.
Theodorus Bailey Myers Mason; and a letter of Butler’s son Benjamin F. Butler,
written to James McKean, Esq., of New York City, New York.
Senator
George F. Edmonds and Congressman Simeon B. Chittenden, both write to William
Allen Butler on their respective U.S. Senate and U.S. House of Representatives
letterhead. George W. Parsons writes to
Butler on the letterhead of his law firm “Barney, Butler, & Parson” (Butler
is a partner in the firm). Butler’s son Benjamin F. Butler writes to him on his
residential letterhead of 12 Pemberton Square, Boston, Massachusetts. William
Allen Butler writes to Lieut. Theodorus Bailey Myers Mason on the letterhead of
his law firm in 1895, “Butler, Stillman & Hubbard” of New York City.
Theodore B. M. Mason was the founder and first head of the United States Office
of Naval Intelligence, with the post of Chief Intelligence Officer (prior to it
being re-designated as Director of Naval Intelligence in 1911). Butler writes
to him soon after Mason retired and deals with some legal work for Mason.
The three-page manuscript note is a “Memo of Wm. Allen Butler to Miss Thorne
1850 given to W.A. B. Jr. by Mr. Samuel Thorne after Miss T’s death…”
The
letters written by Senator Edmonds and Congressman Chittenden to William Allen
Butler, mainly concern an Act of 31 May 1878 titled: “An Act to forbid the
further retirement of United States legal-tender notes.” The act reads:
“Be it enacted by the Senate and House of
Representatives of the United States of America in Congress assembled, That
from and after the passage of this act it shall not be lawful for the Secretary
of the Treasury or other officer under him to cancel or retire any more of the
United States legal-tender notes. And when any of said notes may be redeemed or
be received into the Treasury under any law from any source whatever and shall
belong to the United States, they shall not be retired, cancelled or destroyed
but they shall be re-issued and paid out again and kept in circulation:
Provided, That nothing herein shall prohibit the cancellation and destruction
of mutilated notes and the issue of other notes of like denomination in their
stead, as now provided by law. All acts and parts of acts in conflict herewith
are hereby repealed. Approved, May 31, 1878.”
Butler
was working with Edmonds and Chittenden to bring a case about this legal-tender
notes in front of the U.S. Supreme Court, and were working to get the House and
Senate involved ( see examples of letters below).
The following are biographies of Butler,
Chittenden, and Edmunds:
William Allen Butler, Esq.
(1825-1902)
William
Allen Butler was an American lawyer and writer of poetical satires. He was born
on 20 February 1825 in Albany, New York, the son of the poet and lawyer
Benjamin Franklin Butler (1795-1858) and nephew of naval hero William Howard
Allen. William’s father Benjamin was a prominent lawyer from the state of New
York. A professional and political ally of Martin Van Buren, among the many
elective and appointive positions he held were Attorney General of the United
States (1833-1838) and United States
Attorney for the Southern District of New York (1838-1841). He was also a
founder of New York University and one of the founders of the Children's
Village school in New York City. Benjamin studied at Hudson Academy in Hudson,
New York, and read law with Martin Van Buren, whose son John Van Buren later
read law with under him. Benjamin was admitted to the bar in 1817, and, became
Martin Van Buren's partner. In his 1903 book The Art of Cross-Examination, author Francis L. Wellman indicated
that Butler was regarded during his life as a highly effective trial lawyer,
and one of the most successful cross-examiners of his day.
Benjamin
F. Butler was also one of the earliest members of “The Albany Regency,” a group
of politicians who controlled the New York state government between 1822 and
1838. Originally called the "Holy Alliance,” it was instituted by Martin
Van Buren, who remained its dominating spirit for many years. The group was
among the first American political machines. In the beginning they were the
leading figures of the Bucktails faction of the Democratic-Republican Party,
later the Jacksonian Democrats and finally became the Hunkers faction of the
Democratic Party.
After
being admitted to the Bar, William Allen Butler, Benjamin’s son, practiced law
and eventually headed the firm of Butler, Stillman & Hubbard. He served as
president of the American Bar Association and the Association of the Bar of the
City of New York. He contributed travel writing and comic writing to The
Literary World, a series on 'The Cities of Art and the Early Artists' to the
Art Union Bulletin, and he also wrote for the Democratic Review. His most
famous satirical poem, Nothing to Wear, was first published anonymously
in Harper's Weekly in 1857, though Butler was forced to reveal his name after
someone else claimed authorship.
On
21 March 1850, he married Mary R. Marshall. Together, they were the parents of
Howard Russell Butler, a painter and founder of the American Fine Arts Society,
born in 1856. One of his daughters married John P. Crosby, another married
Daniel B. Lord. His other children included Benjamin Franklin Butler, Jr., Mrs.
Edmund Dwight, Mrs. Thomas S. Kirkbride, and Mrs. Alfred Booth. Butler also
wrote various poems, including “Nothing to Wear; an Episode of City Life”
which went on to become an American classic.
William
Allen Butler died at his residence, Round Oak, in Palisade Avenue in Yonkers,
on September 9, 1902 due to sudden gastritis. Following a simple ceremony at
his estate in Yonkers, a service was held at the First Presbyterian Church of
Yonkers, and he was buried at Woodlawn Cemetery, Bronx.
U.S. Congressman Simeon Baldwin
Chittenden (1814-1889)
Simeon
Baldwin Chittenden was a United States Representative from New York. Chittenden
was born in Guilford, New Haven County, Connecticut on March 29, 1814. He was
the son of Abel Chittenden (1779–1816) and Anna Hart (née Baldwin) Chittenden
(1784–1845). His siblings included Henry Baldwin Chittenden and Sarah Dudley
Chittenden, both of whom died young.
He attended Guilford Academy.
In 1871, Chittenden received an honorary M.A. degree from Yale University. From
1829 to 1842, he engaged in mercantile pursuits in New Haven as a clerk with
McCracken & Merriman. In 1842, he
moved to New York City and further in pursuit of mercantile business. From 1867
to 1869, he was vice president of the New York City Chamber of Commerce.
Chittenden was an unsuccessful
candidate for election in 1866 to the 40th United States Congress. He was,
however, successful in 1872 where he was elected as an Independent Republican
to the Forty-third Congress to fill the vacancy caused by the resignation of
Stewart L. Woodford; he was reelected as an Independent Republican to the
Forty-fourth Congress and as a Republican to the Forty-fifth and Forty-sixth
Congresses serving from November 3, 1874 to March 3, 1881. He was an unsuccessful
candidate for reelection in 1880 to the Forty-seventh Congress and retired from
public life.
On May 10, 1837, Chittenden was
married to Mary Elizabeth Hartwell (1815–1852), the daughter of Sherman
Hartwell and Sophia Todd. His father-in-law was the nephew of American founding
father Roger Sherman and his first wife, Elizabeth Hartwell. Together, they
were the parents of: Mary Hartwell Chittenden (1840–1871), who married Dr.
William Thompson Lusk (1838–1897), an Adjutant-General in the United States
Volunteers during the Civil War; Samuel Baldwin Chittenden (1845–1922), a Yale
graduate who married Mary Warner Hill (1847–1925); and Charlie Sherman
Chittenden (1850–1852), who died young.
After his first wife's death,
he remarried Cornelia (née Colton) Colton (d. 1884), the daughter of Oren
Colton and widow of Rev. Walter Colton (a Chaplain for the United States Navy),
in 1854.
He died in Brooklyn on April
14, 1889. He was buried at Green-Wood Cemetery in Brooklyn, New York. After his
death, he was eulogized by Seth Low. In his will, after bequests to charity, he
directed the establishment of two trusts, one for his son and one for his late
daughter.
U.S. Senator George Franklin
Edmunds (1828-1919)
George Franklin Edmunds
(1828-1919) was an attorney with a practice in Burlington, Vermont. He was a
Republican U.S. Senator from Vermont from 1866 to 1891. Before entering the
U.S. Senate, he served in a number of high-profile positions, including as a
member of the Vermont House of Representatives from Burlington (1854-1860);
Speaker of the Vermont House of Representatives (1857-1860); member of the
Vermont State Senate from Chittenden County (1861-1863); President pro tempore
of the Vermont State Senate (1861-1862). During his time in the U.S. Senate he
was President pro tempore of the U.S. Senate (1883-1885) and Chairman of the
U.S. Senate Republican Conference (1885-1891).
In the Senate, Senator Edmunds
took an active part in the attempt to impeach President Andrew Johnson in 1868.
He was influential in providing for the electoral commission to decide the
disputed presidential election of 1876 and served as one of the commissioners,
voting for Republicans Rutherford B. Hayes and William A. Wheeler. He was the
author of the Edmunds Act against polygamy in Utah and the Sherman Antitrust
Act to limit monopolies. In 1882 President Chester A. Arthur nominated Senator
Roscoe Conkling to replace the retiring Ward Hunt as a Justice of the United
States Supreme Court. When Conkling declined, Arthur chose Edmunds, who also
declined. The appointment ultimately went to Samuel Blatchford.
Edmunds served as chairman of
the Committee on Pensions from 1869 to 1873, the Committee on the Judiciary
from 1872 to 1879 and again from 1881 to 1891, the Committee on Private Land
Claims from 1879 to 1881 and the Committee on Foreign Relations in 1881. He was
President pro tempore of the Senate from 1883 to 1885 and chairman of the
Republican Conference from 1885 to 1891.
While serving in Congress he
continued to practice law, as did many other members of Congress at the time.
He held retainers from railroads and other corporations, including those which
could be affected by Senate action.
An acerbic debater, he often
favored the status quo or slow progress. He was known for making his colleagues
feel the sting of his criticisms, and some thought him better at merely
opposing than offering constructive alternatives. David Davis joked that he
could make Edmunds vote against any measure by simply phrasing the request for
votes in the New England town meeting way: "Contrary-minded will say
no." One friend trying to interest him in a presidential bid pleaded,
"But, Edmunds, think how much fun you would have vetoing bills."
Edmunds took special delight in
goading southern senators into blurting out statements that would embarrass the
Democratic Party. To those southerners opposed to any federal role in
protecting blacks' right to vote, Edmunds seemed the epitome of Yankee evil.
One southern correspondent in 1880 wrote, "When I look at that man sitting
almost alone in the Senate, isolated in his gloom of hate and bitterness,
stern, silent, watchful, suspicious and pitiless, I am reminded of the worst
types of Puritan character... You see the impress of the purer persecuting
spirit that burned witches, drove out Roger Williams, hounded Jonathan Edwards
for doing his sacred duty, maligned Jefferson, and like a toad squatted at the
ear of the Constitution it had failed to pervert."
But Edmunds also had admirers.
One Democrat with no reason to appreciate him wrote a colleague that among all
the Republicans, "Edmunds made the most impression upon me. I couldn't
help admiring his clear and incisive way of putting a question, although it
appeared to me that his manner is occasionally very irritating. This manner of
his is very much that of a lawyer employed as counsel in a case, who therefore
makes ex-parte statements, and thinks it fair to make all manner of
allegations." His closest friend in the chamber for many years was the
ranking Democrat on the Judiciary Committee, Senator Allen G. Thurman of Ohio.
Edmunds was a candidate for
president at the 1880 Republican National Convention. Nominated by Frederick H.
Billings, he received 34 votes on the first ballot. His support remained at 31
or 32 votes through the 29th ballot, after which his supporters began to trend
towards eventual nominee James A. Garfield.
In 1884, Republicans who
favored civil service reform, including Theodore Roosevelt, supported Edmunds
for President over incumbent President Chester Alan Arthur and former Senator
James G. Blaine, hoping to build a groundswell for Edmunds if the two stronger
candidates deadlocked. Revelations about Edmunds's legal work for railroads and
corporations while sitting in the Senate prevented Edmunds from attaining wide
support from reformers. On the first ballot he received 93 votes, but his
support declined, and the nomination went to Blaine on the fourth ballot.
Edmunds was among the Republicans who gave lukewarm support to Blaine (some
backed Cleveland outright), and Blaine lost the general election to Grover
Cleveland. At Arthur's funeral in 1886, Edmunds extended his hand to Blaine.
Blaine, recalling the 1884 campaign, refused to shake it.
Edmunds resigned from the
Senate in 1891 in order to start a law practice in Philadelphia, Pennsylvania.
He later retired to Pasadena, California where he died on February 27, 1919. He
was buried at Green Mount Cemetery in Burlington. In 1852 Edmunds married Susan
Marsh Lyman (1831-1916), a niece of George Perkins Marsh. They had two daughters, Mary (1854-1936) and
Julia (1861-1882).
Among Edmunds's honors were an
honorary master of arts from the University of Vermont and honorary LL.D.
degrees from Middlebury College, Dartmouth College and the University of Vermont.
Sample Quotes:
“United
States Senate Chamber,
Washington,
April 17th 1879
Dear
Sir:
My
Chittenden has handed me your letter to him of the 16th.
The
sense in which the words directing the reissue in the Act of May 31st
1878 is understood in legislation and executive circles is the putting out
again of the same money in quantity and not, necessarily, the same identical
pieces of paper; and it is only under this construction that the power to issue
new pieces of paper in the place of legal tenders redeemed, exists at all. If
the original notes redeemed under the Act of 1875 could have been again
obtained from the Treasury in their specific identity, by a regular transaction
which authorized the Treasurer to pay out money, it would have perhaps been
better, but I did not see any convenient means of accomplishing that. I have no
question that the Supreme Court will hold that if a United States war note
redeemed in time of peace under the Act of 1875, thereby lost its legal tender
quality, neither it nor any other note that should take its place could be made
a legal tender. I have no idea that they will hold that the notes tendered in
this case are not good because they are not the identical pieces of paper
issued during the war, and redeemed, but will and must proceed upon the solid
substance of the question, as to the power of the government to impart the
quality of legal tender to paper money it issues or reissues after the
redemption, which is the same thing, in time of peace. It seems to me, therefore,
that there is no substantial difficulty in raising the question on the case as
it stands.
I
learn from Mr. Chittenden that the tender has already been made. If that be so,
of course the case must be decided upon the condition of things as it then
existed, and nay new steps you may take will have no effect, unless you repeat
the tender. If you can conveniently and without much loss of time, get two or
three thousand dollars of old notes in lien of an equal amount of those you
tendered before, and get those old notes redeemed at the Treasury, and can in
the regular course of business get those identical old pieces of paper
reissued, and then repeat your tender in bills of both kinds, you will meet
every possibly aspect of the case. For, of course the tender to be good, must
be entirely of the money that the creditor was bound to take.
If
the question is to be presented on the answer to the complaint, the answer
might state fairly & truly that these notes tendered were issued under the
Act of 31 May 1878 in the lien and place of the old legal tender notes of the
war issue, which had been redeemed at the Treasury under the Act of 1875. And
the same statement could be made if you conclude to present the question on the
complaint or by a replication (if you have such a thing) to the answer of the
defendant, so that I do not see any difficulty, if both sides are desirous of
presenting the real question. At the same time, as I said before, if without
delay the tender with two or three thousand dollars of old notes that have been
once redeemed and again regularly issued in their identical form, and the
residue in the notes you now have, of course every quibble will be avoided.
Very
truly yours,
Geo.
F. Edmunds”
“United
States Senate Chambers
Washington,
June 3d 1879
My
Dear Sir,
I
have yrs of the 2d inst. I would by all means allow Judge Blatchford to decide
pro forma adversely to us. That will enable the case to get an early standing
on the docket of the Supreme Court, and will give us the advantage of a reply.
Very
truly yours,
Geo.
F. Edmunds”
“House
of Representatives
Washington,
D.C. Dec 5, 1879
My
dear Mr. Butler,
I
have done my best to ‘stir ‘em up’ and send you the part which describes me.
I
have seen Senator Edmunds but once when he was still a little scared before the
message. Had a note from him yesterday, am to meet him in a day or two.
I
thing Bayard has forced the fight. Conkling, Edmunds, Hoar & the rest must
go with Bayard or go to Court!
Sincerely
yours,
S.B.
Chittenden…”
“Personal
House
of Representatives U.S.
Washington,
D.C. Dec 8, 1879
My
dear Mr. Butler,
Senator
Edmunds thinks it ‘our duty’ to move the Court to advance our case, and
[honored] me enclosed to indicate the method.
He
requested me not to tell newspaper men or anybody but you, ‘for three or four
days,’ what we propose to do.
He
expects you to send him your notes for suggestions.
My
own feelings is that time is precious. It seems to me important to get our
‘move’ fairly before the country before Congress adjourns for the holidays.
I
think we not only have truth on our side, but also Providence!
There
is sure to be something new before the end of the week!
Sincerely yours,
S.B.
Chittenden”
“United
States Senate Chamber,
Washington,
Dec 9th 1879
My
Dear Sir,
I
have yrs of 8th inst. I am thoroughly satisfied that the present is
the most opportune time for bringing the legal tender question to a decision.
And I yesterday gave Mr. Chittenden a copy of a motion and the points in
another case for advancing, to send you as a suggestion of the form for the
application. I think you had better draw up the motion & the points in
support of it at an early day & if you will send me a draft of it, I will
make such suggestions as occur to me.
I
find on looking it up, that there is nothing later than the rule we read in
your office, in respect of the circumstances under which a cause may be
advanced. I think our chief, if not only, reliance must be on the fifth clause
of No.26, and it strikes me that the ‘special & secular circumstances’ are
those that it is of the greatest importance since the reissuing act of last
year, that the law should be settled, and at a time, as now, when the decision
of it either way will not work hardship upon parties making contracts for the
payment of money; but if the case were to be decided at a time when the
so-called legal tenders are below par, the hardship it would work upon debtors
who had made contracts when they were at par, would be immense.
It
is of the highest interest; therefore, to the whole community that both
creditors & debtors shall know at the earliest possible moment, what their
rights will be in a court of law in these respects.
Sincerely yours,
Geo.
F. Edmunds”