Benjamin Franklin Butler (December 17, 1795 – November 8, 1858) was a prominent lawyer from the state of

New York New York most commonly refers to: * New York City, the most populous city in the United States, located in the state of New York * New York (state), a state in the northeastern United States New York may also refer to: Film and television * '' ...

. A professional and political ally of

Martin Van Buren Martin Van Buren ( ; nl, Maarten van Buren; ; December 5, 1782 – July 24, 1862) was an American lawyer and statesman who served as the eighth president of the United States from 1837 to 1841. A primary founder of the Democratic Party (Uni ...

, among the many elective and appointive positions he held were

Attorney General of the United States The United States attorney general (AG) is the head of the United States Department of Justice, and is the chief law enforcement officer of the federal government of the United States. The attorney general serves as the principal advisor to the p ...

and

United States Attorney for the Southern District of New York The United States Attorney for the Southern District of New York is the chief federal law enforcement officer in eight New York counties: New York (Manhattan), Bronx, Westchester, Putnam, Rockland, Orange, Dutchess and Sullivan. Establishe ...

. He was also a founder of

New York University New York University (NYU) is a private research university in New York City. Chartered in 1831 by the New York State Legislature, NYU was founded by a group of New Yorkers led by then-Secretary of the Treasury Albert Gallatin. In 1832, the ...

and one of the founders of the

Children's Village The Children's Village, formerly the New York Juvenile Asylum, is a private, non-profit residential treatment facility and school for troubled children. It was founded in 1851 by 24 citizens of New York who were concerned about growing numbers o ...

school in

New York City New York, often called New York City or NYC, is the List of United States cities by population, most populous city in the United States. With a 2020 population of 8,804,190 distributed over , New York City is also the L ...

Early life

He was the son of Medad Butler and Hannah Butler (née Tylee) of Kinderhook Landing, in

Columbia County, New York Columbia County is a county located in the U.S. state of New York. As of the 2020 census, the population was 61,570. The county seat is Hudson. The name comes from the Latin feminine form of the name of Christopher Columbus, which was at the ...

. He studied at Hudson Academy in

Hudson, New York Hudson is a city and the county seat of Columbia County, New York, United States. As of the 2020 census, it had a population of 5,894. Located on the east side of the Hudson River and 120 miles from the Atlantic Ocean, it was named for the rive ...

, and

read law Reading law was the method used in common law countries, particularly the United States, for people to prepare for and enter the legal profession before the advent of law schools. It consisted of an extended internship or apprenticeship under the ...

with

, whose son

John Van Buren John Van Buren (February 18, 1810 – October 13, 1866) was an American lawyer, official and politician. In addition to serving as a key advisor to his father, President Martin Van Buren, he was also Attorney General of New York from 1845 to ...

later read law with Butler. Butler was admitted to the bar in 1817, and became Martin Van Buren's partner. In his 1903 book ''

The Art of Cross-Examination ''The Art of Cross-Examination'' is a classic text for trial attorneys and law students on how to cross-examine witnesses. Written by American attorney Francis L. Wellman, the book was first published in 1903 by The Macmillan Company, and was stil ...

'', 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.

Political career

Butler was one of the earliest members of the

Albany Regency The Albany Regency was 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 ...

. When fellow Regency member and Van Buren ally

Roger Skinner Roger Skinner (June 1, 1773 – August 19, 1825) was an attorney and government official from New York. He was most notable for his service as United States district judge for the Northern District of New York from 1819 to 1825. A native of ...

was appointed Judge of the

United States District Court for the Northern District of New York The United States District Court for the Northern District of New York (in case citations, N.D.N.Y.) serves one of the 94 judicial districts in the United States and one of four in the state of New York. Appeals from the Northern District of New ...

in 1819, he sold his law office to Butler, who took over Skinner's clients and pending cases. Butler began his political career as district attorney of Albany County, serving from 1821 to 1825. He was appointed one of the three commissioners to revise the State statutes in 1825. Butler was a member from Albany County of the

New York State Assembly The New York State Assembly is the lower house of the New York State Legislature, with the New York State Senate being the upper house. There are 150 seats in the Assembly. Assembly members serve two-year terms without term limits. The Assem ...

in 1828. In 1833, he served as commissioner for

to adjust the

New Jersey New Jersey is a state in the Mid-Atlantic and Northeastern regions of the United States. It is bordered on the north and east by the state of New York; on the east, southeast, and south by the Atlantic Ocean; on the west by the Delaware ...

boundary line. On November 15, 1833,

President President most commonly refers to: *President (corporate title) *President (education), a leader of a college or university *President (government title) President may also refer to: Automobiles * Nissan President, a 1966–2010 Japanese ful ...

Andrew Jackson Andrew Jackson (March 15, 1767 – June 8, 1845) was an American lawyer, planter, general, and statesman who served as the seventh president of the United States from 1829 to 1837. Before being elected to the presidency, he gained fame as ...

appointed Butler Attorney General, an office he held until 1838. From that year until 1841, and from 1845 to 1848, he was

. He was a prominent participant in the 1844 Democratic National Convention. As one of the leaders of the New York delegation, he supported the candidacy of Martin Van Buren and opposed the 2/3 rule for nominating, but failed in both cases. In the end, he was the one to announce that the New York delegation would switch to eventual winner

James K. Polk James Knox Polk (November 2, 1795 – June 15, 1849) was the 11th president of the United States, serving from 1845 to 1849. He previously was the 13th speaker of the House of Representatives (1835–1839) and ninth governor of Tennessee (183 ...

. Van Buren recommended Butler to Polk for a cabinet position but told Polk that he was loath to leave his lucrative law practice and so would not agree unless offered the office of Secretary of State. Polk ended up offering him

Secretary of War The secretary of war was a member of the U.S. president's Cabinet, beginning with George Washington's administration. A similar position, called either "Secretary at War" or "Secretary of War", had been appointed to serve the Congress of the ...

, but Butler declined, stating that he would only accept State or Treasury. He was also at the 1848 Free Soil Convention, where he helped write the party platform.

Legacy

Butler was a regent of the

University of the State of New York The University of the State of New York (USNY, ) is the state of New York (state), New York's governmental umbrella organization for both public and private institutions in New York State. The "university" is not an educational institution: it i ...

from 1829 to 1832. He was instrumental in founding

in 1831 and served in various capacities with the university from its inception. He received the

honorary degree An honorary degree is an academic degree for which a university (or other degree-awarding institution) has waived all of the usual requirements. It is also known by the Latin phrases ''honoris causa'' ("for the sake of the honour") or ''ad hono ...

LL.D. Legum Doctor (Latin: “teacher of the laws”) (LL.D.) or, in English, Doctor of Laws, is a doctorate-level academic degree in law or an honorary degree, depending on the jurisdiction. The double “L” in the abbreviation refers to the early ...

from

Rutgers University Rutgers University (; RU), officially Rutgers, The State University of New Jersey, is a Public university, public land-grant research university consisting of four campuses in New Jersey. Chartered in 1766, Rutgers was originally called Queen's ...

in 1834. He was appointed principal professor of

in 1837.

Personal life

In 1818, he married Harriet Allen; their children included attorney

William Allen Butler William Allen Butler (February 20, 1825 – September 9, 1902) was an American lawyer and writer of poetical satires. Early life Butler was born on February 20, 1825, in Albany, New York. He was the son of the poet and lawyer Benjamin Franklin Bu ...

, and Lydia Allen Butler, who married Alfred Booth and was the mother of

Sir Alfred Allen Booth, 1st Baronet Sir Alfred Allen Booth, 1st Baronet (17 September 1872 – 13 March 1948) was a British businessman and shipowner. A scion of the Booths of Dunham Massey, Cheshire, his great-grandfather moved to Liverpool in the mid-18th century. Booth was cre ...

, a director of

Alfred Booth and Company Alfred Booth and Company was a British trading and shipping company that was founded in 1866 and traded for more than a century. It was founded in Liverpool, England, by two brothers, Alfred and Charles Booth. It grew into a significant merch ...

and chairman of

Cunard Cunard () is a British shipping and cruise line based at Carnival House at Southampton, England, operated by Carnival UK and owned by Carnival Corporation & plc. Since 2011, Cunard and its three ships have been registered in Hamilton, Bermu ...

. While visiting Europe in 1858, he died in

Paris Paris () is the capital and most populous city of France, with an estimated population of 2,165,423 residents in 2019 in an area of more than 105 km² (41 sq mi), making it the 30th most densely populated city in the world in 2020. S ...

, France. He was buried at Woodlawn Cemetery in

The Bronx The Bronx () is a borough of New York City, coextensive with Bronx County, in the state of New York. It is south of Westchester County; north and east of the New York City borough of Manhattan, across the Harlem River; and north of the New Y ...

. Fort Butler, one of the main forts built for the forced removal of the

Cherokee Indians The Cherokee (; chr, ᎠᏂᏴᏫᏯᎢ, translit=Aniyvwiyaʔi or Anigiduwagi, or chr, ᏣᎳᎩ, links=no, translit=Tsalagi) are one of the indigenous peoples of the Southeastern Woodlands of the United States. Prior to the 18th century, th ...

on the

Trail of Tears The Trail of Tears was an ethnic cleansing and forced displacement of approximately 60,000 people of the "Five Civilized Tribes" between 1830 and 1850 by the United States government. As part of the Indian removal, members of the Cherokee, ...

, was named for him.

Published works

References

External links

* {{DEFAULTSORT:Butler, Benjamin Franklin 1795 births 1858 deaths United States Attorneys for the Southern District of New York People from Albany County, New York United States Attorneys General Albany County District Attorneys Members of the New York State Assembly Regents of the University of the State of New York Burials at Woodlawn Cemetery (Bronx, New York) Van Buren administration cabinet members Jackson administration cabinet members 19th-century American politicians American lawyers admitted to the practice of law by reading law New York University faculty