Theodore Schroeder Papers, 1844-1911


Summary Information
Title: Theodore Schroeder Papers
Inclusive Dates: 1844-1911

Creator:
  • Schroeder, Theodore, 1864-1953
Call Number: Mss 78; Micro 459; Micro 963; PH 3430; M94-090

Quantity: 4.6 cubic feet (2 archives boxes, 1 flat box, and 7 volumes), 8 reels of microfilm (35mm), and 0.1 cubic feet of photographs (1 oversize folder); plus additions of 0.2 cuibc feet of photographs (1 archives box)

Repository:
Archival Locations:
Wisconsin Historical Society (Map)

Abstract:
Papers of Theodore Albert Schroeder, the lawyer, writer, and collector of documents concerning Mormonism, whose papers reflect his deep concern for the separation between church and state. Included are personal papers and records of Schroeder's Utah law practice, 1855-1901; and a portion of his collections on Mormonism, 1841-1900. The collections on Mormonism include correspondence, the bulk of which consists of the Cobb family papers, 1841-1897, primarily concerning the liaison of Augusta Adams Cobb and Brigham Young; the Major General's Record Book, concerning Nauvoo Legion military organization and preparedness in the Great Salt Lake District, 1852-1866; George F. Gibbs' letterbook, relating to missionary activity in England by Young's secretary, 1871-1873; the Patriarchal Blessings Book, 1845-1846; notes and writings; a directory of polygamists; handwritten copies and clippings concerning Brigham Young's will, 1877-1879; and clippings, printed circulars, leaflets, notices, and petitions relating to polygamy and Utah politics.

Language: English

URL to cite for this finding aid: http://digital.library.wisc.edu/1711.dl/wiarchives.uw-whs-mss00078
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Arrangement of the Materials

This collection was received in multiple parts from the donor(s) and is organized into 2 major parts. These materials have not been physically interfiled and researchers might need to consult more than one part to locate similar materials.

Biography/History

Theodore Albert Schroeder was born on a farm near Horicon, Wisconsin. After spending his boyhood years in the area and working briefly at odd jobs in Chicago, he attended the University of Wisconsin, receiving both a B.S. in Civil Engineering in 1886, and an LL.B. in 1889. While attending college, he spent his summers doing survey work in South Dakota and other western states.

In August of 1889, Schroeder opened a law office in Salt Lake City, Utah, where he practiced until 1900. Schroeder's law practice consisted primarily of debt collection and land claim cases. Not a Mormon himself, through his work he met some of the most prominent Mormon leaders of the time, including Lorenzo Snow, president of the Mormon Church from 1898 to 1901, Joseph Fielding Smith, Snow's successor in the presidency from 1901 to 1918, and many of the Church's Apostles. His contact with Snow occurred when Snow was president of the Brigham City Mercantile and Manufacturing Association, a firm against which Schroeder brought suit on behalf of the Grant Soap Company in 1896. Schroeder's dealings with Smith concerned some Mormon literature that passed from the latter to the former.

Schroeder learned still more of Mormons and Mormonism through his activity in Utah politics. He supported the Mormon Apostle, Moses Thatcher, for the U.S. Senate in 1896, and the noted Mormon author, Brigham H. Roberts, for the U.S. House of Representatives in 1895 and 1899. Later, when Roberts brought his thinking more in line with Church-favored political views, Schroeder worked to get him excluded from Congress. Still later, after Schroeder had moved to New York, he opposed the movement to oust from the Senate the famous Mormon Apostle Reed Smoot, on the grounds that barring a man from public office solely because of his religious views constituted an infringement of his rights to free speech, thought, and religion under the Constitution. Similarly, when he earlier had dropped his support of B. H. Roberts, he did it because Roberts yielded, he thought, to pressures from the church hierarchy, who, in Schroeder's view, had no business trying to influence politics.

As Schroeder's knowledge of Mormonism increased, so too did his opposition to all things Mormon. But, like the nineteenth century author, lawyer, and staunch opponent of Christian religion, Robert G. Ingersoll, whose views had influenced him, Schroeder never fought against the Mormon people. Rather, he was opposed to a system which he believed intellectually enslaved the masses. He became an avid collector of Mormon and anti-Mormon literature and he began what became a polemical career with a few open letters in Mormon papers in 1891 under the name of A. T. Heist. His was a lone, but powerful voice speaking out against Mormonism at a time when members of that faith had known relative freedom from persecution and criticism for over thirty years. At first, he so tempered his writing that he seemed almost pro-Mormon, but his staunch opposition to religious intolerance in Church-State issues became more and more evident, until, by 1898, some papers would no longer publish his writings. He turned to pamphlets for an outlet, publishing under the title “Lucifer's Lantern.”

In 1900 Schroeder persuaded Josiah Strong, Director of the League for Social Service, to commit funds to the Roberts case. Strong gave him an office and funds, and Schroeder moved to New York. Later, when he and Strong disagreed over further action in the Roberts Case, Schroeder broke with him but remained in New York. He continued to practice law, helping to found the Free Speech League at Albany, N.Y., on April 7, 1911, and acting as its secretary throughout its existence. After Schroeder left Utah, his essays were regularly printed in the Salt Lake Tribune, a paper whose editorial line was and is in opposition to the Church-owned daily, The Deseret News. At the same time, however, his views were mellowing. While in the east, he became more philosophical and tactful in combating what he considered to be injustices. He began studying evolutionary sexual psychology, which led him to interpret the Bill of Rights even more broadly than he had before. Ultimately, he adopted a psychological approach to all social problems.

(Source: A New Concept of Liberty from an Evolutionary Psychologist: Theodore Schroeder; Selections from His Writings with a Biographical Outline. By Joseph Ishill.)

Schroeder's writings include:

  • The Origin of the Book of Mormon, 1901
  • The Free Press Anthology, 1909
  • Obscene Literature and Constitutional Law, 1911
  • Free Speech for Radicals, 1916
  • Authorship of the Book of Mormon, 1919
  • Constitutional Free Speech Defined and Defended, 1919
  • Free Speech Bibliography, 1922
  • Al Smith, the Pope, and the Presidency; a Sober Discussion of the Church-State Issue, 1928
  • A Challenge to Sex Censors, 1938
Custodial History

The Schroeder Papers and Library were donated to the State Historical Society of Wisconsin in segments from 1911 to 1957. What papers Schroeder himself did not donate during his lifetime, he willed to the Society at his death in 1953. His library of printed material, comprising more than 600 volumes and 1000 pamphlets, includes publications such as The Contributor, Juvenile Instructor, Improvement Era, Saints' Herald, Times and Seasons, Latter-Day Saints Millennial Star, and Journal of Discourses, and a fine collection of individual works on Mormonism, both pro and con. In addition to the subject of Mormonism, many of the pamphlets and articles written by Schroeder concern the broader topics of free speech, religion in general, and psychology. This printed portion of the collection is now housed in the Wisconsin Historical Society Library where it is available to researchers.

Related Material
Administrative/Restriction Information
Acquisition Information

Presented by the Theodore A. Schroeder estate, 1956.


Processing Information

Processed by Dennis Rowley, April 8, 1970.


Contents List
Part 1 (Mss 78; Micro 459; Micro 963; PH 3430): Original Collection, 1845-1901
Physical Description: 4.6 cubic feet (2 archives boxes, 1 flat box, and 7 volumes), 8 reels of microfilm (35mm), and 0.1 cubic feet of photographs (1 oversize folder) 
Scope and Content Note

The papers consist of the records of Schroeder's Utah law practice, 1889-1901, and a portion of his collections on Mormonism; and they include correspondence, legal documents, financial records, clippings, scrapbooks, military records, ledgers, a letter book and printed circulars, notices, and leaflets. They are available both in original paper form and on microfilm. They are arranged in two series: Personal Papers, and Collections on Mormonism.

Series 1: Personal Papers

This series consists of correspondence, 1890-1901, legal papers, 1855-1900, financial records, 1891-1900, and memorabilia relating to Schroeder's personal life, his law practice, and his extensive collecting efforts. The correspondence, arranged chronologically, deals chiefly with four aspects of Schroeder's career: (1) the routine legal cases of his practice (the bulk of this type is with the R. G. Dun & Co. of New York and California, and occurs mainly in the early years, 1890-1893); (2) his more significant legal involvements such as his work with the League for Social Service and the efforts to exclude B. H. Roberts from Congress, 1899-1901; (3) his collecting efforts, 1894-1901; and (4) his political activities, such as when he sought appointment as U.S. Attorney for Utah in 1893. In addition to routine legal letters, chief correspondents include Josiah Strong (Box 1, Folders 3 & 4) and The Presidency of the Mormon Church (Box 1, Folder 3). Other correspondents worth noting are William Jennings Bryan, August 31, 1894; and James E. Talmage, October 26, 1897.

The legal and financial records are also arranged chronologically. The fragmentary financial papers consist of receipts, bills, mining stock certificates, and a “Settlement of Partnership Business” between Frank B. Stephens and T. A. Schroeder. The legal documents include briefs, petitions, complaints, reports of proceedings, summonses, and transcripts which are separated into two folders, pre-1889 and post-1889 (Box 1, Folders 5 & 6), because it was not possible to determine which of the older documents were actually part of Schroeder's case files and which he simply collected because they pertained to Mormonism. The records on the case of Grant Soap versus Brigham City Mercantile (Box 1, Folder 7) are separate because of their unity and completeness.

Series 2: Collections on Mormonism

This series consists of clippings, correspondence, a letter book, scrapbooks, printed matter, and miscellaneous handwritten notes and writings, 1841-1900, arranged alphabetically by folder and chronologically within each folder, and relating to various aspects of Mormonism. The bulk of the correspondence appears to be the Cobb family papers, 1841-1897, collected by James T. Cobb of Salt Lake City in the 1880's including letters recording his efforts to collect information on Mormon history, but relating primarily to Cobb's mother[?], Augusta Adams Cobb, who was divorced by her husband, Henry Cobb, in Boston in 1846, on grounds of “the crime of adultery with one Brigham Young” at Nauvoo. There are letters from various members of the family and former neighbors, addressed to Augusta during the course of her move from Massachusetts to Utah. Included also are many “coppys” and apparent originals of letters that she wrote to Brigham Young, in which she lamented her state of affairs, begged for favors, reproached him for unfair treatment, and engaged in pious utterances. Some or all of the “unidentified” correspondence (Box 2, Folder 3) and the “letters to Brigham Young” (Box 2, Folder 2) may actually be part of the Cobb family papers, but positive identification was not possible. A few letters in the “unidentified” folder were probably written to Brigham Young; they are addressed variously as “My Lord,” “Dear Proxy,” “Rabbi,” and “My Dear Lord.” Augusta Cobb addressed some letters to Young in that fashion, but positive identification of the unsigned letters was not possible, as there are differences in handwriting and a few of the letters have the signature, date, and address torn off.

The correspondence in Box 2, Folder 4 and the Major General's Record Book relate to matters of military organization and preparedness, such as militia drill, musters, supplies and reports on combating Indian activity, for the Great Salt Lake District of the Nauvoo Legion, including reports from Heber City and Fort Gunnison.

The George F. Gibbs Letterbook, 1871-1873, pertains to the missionary labors in England of Brigham Young's secretary, and contains information on emigration from England to Utah.

The Patriarchal Blessings Book, 1845-1846, contains copies of 121 blessings given by William Smith, brother of Joseph Smith, at Nauvoo, Illinois. It also includes copies of two blessings given in 1841 by Hyrum Smith, another brother of Joseph, and one given in 1838 by Joseph Smith, Sr., the prophet's father. Enclosed in the book is a draft copy of a letter, 1849, April 1, composed by William Smith, in which he addresses himself to “The Brethren” concerning “the order of arrangements” with himself as Joseph's successor.

The items in Notes and Writings could be Schroeder's work, but are not positively identified as such. They deal with various aspects of Mormon history, are undated, and are for the most part fragmentary.

Directory of Polygamists, undated, is a small alphabetical directory of polygamous families, perhaps compiled by Schroeder, listing addresses, church ward, and in some cases number of wives. It is entitled “No. 2 Polygamy.”

Printed Circulars, Leaflets, Notices, and Petitions deal primarily with polygamy and Utah statehood.

Brigham Young's Will, 1877-1879, consists of mounted clippings and handwritten copies of legal documents (cut from pages of a ledger) relating to the execution of Brigham Young's will (died August 29, 1877); from the complaint brought in 1879 by plaintiff Emeline A. Young, a daughter, through the order for injunction and recovery, the answer of the defendants (the executors), the contempt proceedings against the executors, the imprisonment of the executors (July 30, 1879), and, finally, to the writ of habeas corpus to free them.

Mounted Clippings and Clipping Scrapbooks, compiled in part by Schroeder himself, relate to Mormon church history and Utah politics, 1854-1899, and were taken from the Deseret News, Salt Lake Tribune, Salt Lake Democrat, Salt Lake Herald, and Argus. The clippings in the scrapbooks occasionally have overlapping edges or are folded over on themselves thereby obscuring part of the content. They are in a rough chronological order and are often dated and identified as to source however so a researcher can locate the original newspaper if the complete text is needed.

In addition to the collections on Mormonism described above, a copy of a letter allegedly written by Oliver Cowdery, early assistant to Joseph Smith in the translation of the Book of Mormon and in the Presidency of the church, is in Box 1, Folder 3.

Also includes, photographs relating to Salt Lake City, Utah, and the history of the Church of Jesus Christ of Latter-day Saints, 1830-1890, consisting of street scenes, buildings, overall views, family groups, portraits, caricatures, memorials, Native Americans, stage coaches, wagon trains, and one elaborate composite.

Series: Personal Papers
Mss 78/Micro 963
Correspondence
Box/Folder   1/1
Reel/Frame   1/1
1890-1891
Box/Folder   1/2
Reel/Frame   1/153
1892-1896
Box/Folder   1/3
Reel/Frame   1/284
1897-1899
Box/Folder   1/4
Reel/Frame   1/349
1900-1901, undated
Legal Documents
Box/Folder   1/5
Reel/Frame   1/516
1855-1885
Box/Folder   1/6
Reel/Frame   1/562
1889-1900, undated; and undated legal notes
Box/Folder   1/7
Reel/Frame   1/679
Legal Case Records, Grant Soap v. Brigham Young Mercantile
Box/Folder   1/8
Reel/Frame   1/932
Financial Records, 1891-1900
Box/Folder   1/9
Reel/Frame   1/970
Memorabilia, Biographical and Personal Items, including certificates and awards
Series: Collections on Mormonism
Box/Folder   1/10
Reel/Frame   2/1
Collecting Lists
Correspondence
Augusta Adams Cobb Family
Box/Folder   1/11
Reel/Frame   2/47
1841-1849, undated
Box/Folder   2/1
Reel/Frame   2/195
1850-1897
Box/Folder   2/2
Reel/Frame   2/482
Letters to Brigham Young, 1850-1861, undated
Box/Folder   2/3
Reel/Frame   2/572
Correspondence and Poetry: some fragments, all unidentified, 1847-1887, undated
Box/Folder   2/4
Reel/Frame   2/691
Correspondence and Nauvoo Legion Military Records, 1858; 1866-1867
Box/Folder   2/5
Reel/Frame   2/803
Major General's Record Book, 1852-1866, Great Salt Lake District, Nauvoo Legion
Mss 78/Micro 459
Box/Folder   2/6
Reel   2
George F. Gibbs Letter book, 1871-1873
Mss 78/Micro 963
Box/Folder   2/7
Reel/Frame   3/1
Notes and Writings
Mss 78/Micro 459
Box/Folder   2/8
Reel   1
Patriarchal Blessings Book, 1845-1846
Mss 78/Micro 963
Box/Folder   2/9
Reel/Frame   3/203
Polygamists: Directory of, undated
Box/Folder   2/10
Reel/Frame   3/263
Printed Circulars, Leaflets, Notices and Petitions
Box/Folder   2/11
Reel/Frame   2/887
Brigham Young's Will, 1877-1879, clippings and handwritten copies of legal documents
Clippings
Box/Folder   3
Reel/Frame   3/476
Unsorted
Scrapbooks
Volume   1
Reel   4
1854-1900
Volume   2
Reel   4
1885-1886
Volume   3
Reel   4
1886-1887
Volume   4
Reel   5
1887-1888
Volume   5
Reel   5
1888-1889
Volume   6
Reel   6
1889, 1895, 1897
Volume   7
Reel   6
1895-1899
PH 3430
Salt Lake City, Utah and Church of Jesus Christ of Latter-day Saints photographs and history 1830-1890
M94-090
Part 2 (M94-090): Additions, circa 1844-circa 1911
Physical Description: 0.2 cubic feet of photographs (1 archives box) 
Scope and Content Note: Photographs collected by Schroeder, mainly of Mormon buildings in Nauvoo, Illinois, and portraits of prominent Mormon individuals
Loose photographs
Box 1
Folder 1
Joseph Smith portrait
Box 1
Folder 1
John Taylor residence
Box 1
Folder 1
Carthage Jail, where Joseph and Hyram Smith were assassinated
Box 1
Folder 1
The Nauvoo, Illinois Mormon Temple
Box 1
Folder 1
President Snow residence
Box 1
Folder 1
Parley P. Pratt residence
Box 1
Folder 1
Nauvoo House
Box 1
Folder 1
Mormon Masonic Temple, Nauvoo, Illinois
Stereocards
Box 1
Folder 2
John Taylor Residence
Box 1
Folder 2
Carthage Jail
Box 1
Folder 2
Wilford Woodruff residence, Durphy Street
Box 1
Folder 2
Court House at Carthage, Illinois
Box 1
Folder 2
Joseph Smith Mansion House
Box 1
Folder 2
“Holy Hotel” (Nauvoo House)
Box 1
Folder 2
Old Smith homestead
Mounted photographs
Box 1
Folder 3
Foster Soland residence in Nauvoo, Illinois, 1844
Box 1
Folder 3
Brownings residence
Box 1
Folder 3
Bishop Hunter residence, 1844
Box 1
Folder 3
John D. Lee residence
Box 1
Folder 3
Lyons Store, 1911?
Box 1
Folder 3
A. Bronson building
Box 1
Folder 3
Amos Davis' store
Box 1
Folder 3
P. Mix (Nix?) house
Box 1
Folder 3
Orison Hyde residence
Box 1
Folder 3
Thos. More residence, 1844
Box 1
Folder 3
Main Street, Nauvoo
Box 1
Folder 3
H.C. Kimbell residence
Box 1
Folder 3
Charles Hooper residence, 1844
Box 1
Folder 3
Large house was Dr. Foster's
Box 1
Folder 3
David Yearsley residence, 1844
Box 1
Folder 3
Secret closet, Smith Mantion [sic]
Box   1
Folder   3
Law residence
Note: People in foreground were not members of Law family but later occupants of the house.
Box 1
Folder 3
Holt's house
Box 1
Folder 3
William Marks house, president Illinois stake
Box 1
Folder 3
George A. Cannon residence
Box 1
Folder 3
C.(?) W.(?) Coolidge (?) residence
Box 1
Folder 3
[Brigham] Young residence
Published photographs set
Box 1
Folder 4
“The Expositor, Anti-Smith paper, published here just once”
Box 1
Folder 4
“The old Masonic Temple”
Box 1
Folder 4
“Jos. Smith, the Mormon Prophet”
Box 1
Folder 4
“Once the home of Jos. Young, the brother of Brigham Young”
Box 1
Folder 4
“The levee at Nauvoo and ferryboat”
Box 1
Folder 4
“The door of the secret closet in the Old Mansion house”
Box 1
Folder 4
“Elder Heber C. Kimball's fine place”
Box 1
Folder 4
“Mormon newspaper containing account of Jos. Smith's assassination”
Box 1
Folder 4
“Built of stone taken from ruins of temple”
Box 1
Folder 4
“One of the pilasters of the Mormon Temple”
Box 1
Folder 4
“Brigham Young's former home”
Box 1
Folder 4
“Site of the Mormon Temple”
Box 1
Folder 4
“Elder Snow used to occupy the house on the left”
Box 1
Folder 4
“The White homestead”
Box 1
Folder 4
“Home of the prophet Joseph Smith”
Box 1
Folder 4
“The Nauvoo Temple as it appeared, costing $1,000,000”
Box 1
Folder 4
“The mansion house with the secret closet”
Box 1
Folder 4
“Hall of the Seventy, now the First District School House”
Box 1
Folder 4
“Elder John Taylor's house and publication office of the Times and Seasons
Miscellaneous
Box 1
Folder 5
Indictment against Brigham Roberts for cohabitation
Box 1
Folder 6
Clippings, mainly portraits
Box 1
Folder 7
Unidentified