Letter to Horace Hotchkiss, 26 November 1842

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November 26th. 1842
Esqr.
Dr. Sir— Yours of the 8th. inst to has been received and in consequence of his not knowing any thing concerning the matters therein mentioned nor being in anyways connected or interested in my affairs he of course has handed the letter to me which I shall proceed to answer.
And Sir permit me to say on the subject of the deal between myself as Trustee in Trust for the Church of Latter Day Saints and you that I am as anxious as ever to have the contract continue good between us, and to meet the obligations specified in the contract. I am not, neither have I ever been wishful to shrink from it in any form whatever, but intend to make payments as fast as my circumstances will admit. But Sir, you are not unacquainted with the extreme hardness of the times, and the great scarcity of money, and which put it out of my power to meet all the payments as they fell due, and which has been the only cause of any failure on my part, and should you feel disposed not to press the payments but offer a lenity equivalent to the state of the times, then sir, I shall yet endeavor to make up the payments as fast as possible, and consider the contract still good between us. I would here say, that when I found it necessary to avail myself of the benifits of the Bankrupt Law I know not but that the Law required of me to include you amongst the list of my creditors, notwithstanding the nature of the contract. [p. [1]] between us, this explains the reason of my doing so. 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.
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. 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 in this place and more particularly letters containing money and matters of much importance. I am satisfied that 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.
Having said so much I must close for the present. You will hereby understand my feelings upon the [p. [2]] subject, and the reasons of the course I have hitherto pursued.
With sentiments of due respect I remain as ever
Yours affectionately Joseph Smith
P.S. Should it suit you better I am ready on my part to renew the contract and would prefer it.
J. S [p. [3]]
Copy
Letter to
dated Novr. 26th. 1842 [p. [4]]

Footnotes

  1. new scribe logo

    Docket in handwriting of William Clayton.