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Letter from Elias Higbee, 21 February 1840

Source Note

Elias Higbee

23 Oct. 1795–8 June 1843. Clerk, judge, surveyor. Born at Galloway, Gloucester Co., New Jersey. Son of Isaac Higbee and Sophia Somers. Moved to Clermont Co., Ohio, 1803. Married Sarah Elizabeth Ward, 10 Sept. 1818, in Tate Township, Clermont Co. Lived at ...

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, Letter,
Washington DC

Created as district for seat of U.S. federal government by act of Congress, 1790, and named Washington DC, 1791. Named in honor of George Washington. Headquarters of executive, legislative, and judicial branches of U.S. government relocated to Washington ...

More Info
, to JS, [
Commerce

Located near middle of western boundary of state, bordering Mississippi River. European Americans settled area, 1820s. From bank of river, several feet above high-water mark, ground described as nearly level for six or seven blocks before gradually sloping...

More Info
, Hancock Co., IL?], 21 Feb. 1840. Featured version copied [between Apr. and June 1840] in JS Letterbook 2, pp. 100–103; handwriting of
Howard Coray

6 May 1817–16 Jan. 1908. Bookkeeper, clerk, teacher, farmer. Born in Dansville, Steuben Co., New York. Son of Silas Coray and Mary Stephens. Moved to Providence, Luzerne Co., Pennsylvania, ca. 1827; to Williams, Northampton Co., Pennsylvania, by 1830; and...

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; JS Collection, CHL. For more complete source information, see the source note for JS Letterbook 2.

Historical Introduction

While in
Washington DC

Created as district for seat of U.S. federal government by act of Congress, 1790, and named Washington DC, 1791. Named in honor of George Washington. Headquarters of executive, legislative, and judicial branches of U.S. government relocated to Washington ...

More Info
on 21 February 1840,
Elias Higbee

23 Oct. 1795–8 June 1843. Clerk, judge, surveyor. Born at Galloway, Gloucester Co., New Jersey. Son of Isaac Higbee and Sophia Somers. Moved to Clermont Co., Ohio, 1803. Married Sarah Elizabeth Ward, 10 Sept. 1818, in Tate Township, Clermont Co. Lived at ...

View Full Bio
wrote a letter to JS, the third in a series of seven extant letters apprising JS of the actions of the Senate Committee on the Judiciary, which was considering the
church

The Book of Mormon related that when Christ set up his church in the Americas, “they which were baptized in the name of Jesus, were called the church of Christ.” The first name used to denote the church JS organized on 6 April 1830 was “the Church of Christ...

View Glossary
’s memorial to Congress.
1

See Historical Introduction to Letter from Elias Higbee, 20 Feb. 1840–A.


Higbee had testified before the committee the previous day, and the committee had adjourned with the understanding that Senator
Lewis F. Linn

5 Nov. 1795/1796–3 Oct. 1843. Physician, politician. Born near Louisville, Jefferson Co., Kentucky. Son of Asahel Linn and Nancy Hunter. Served in War of 1812. Studied medicine in Louisville and Philadelphia. Established medical practice, 1816, in Sainte ...

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and Representative
John Jameson

6 Mar. 1802–24 Jan. 1857. Farmer, lawyer, politician. Born in Mount Sterling, Montgomery Co., Kentucky. Moved to Callaway Co., Missouri, 1825. Served in Missouri House of Representatives, 1830–1836, and served as Speaker of the House, 1834, 1836. Served in...

View Full Bio
of
Missouri

Area acquired by U.S. in Louisiana Purchase, 1803, and established as territory, 1812. Missouri Compromise, 1820, admitted Missouri as slave state, 1821. Population in 1830 about 140,000; in 1836 about 240,000; and in 1840 about 380,000. Latter-day Saint ...

More Info
would be allowed the following day to present their version of what had transpired in Missouri.
2

Letter from Elias Higbee, 20 Feb. 1840–A.


In this letter, Higbee conveyed to JS much of what Linn and Jameson contended, as well as how he rebutted their arguments.
Higbee

23 Oct. 1795–8 June 1843. Clerk, judge, surveyor. Born at Galloway, Gloucester Co., New Jersey. Son of Isaac Higbee and Sophia Somers. Moved to Clermont Co., Ohio, 1803. Married Sarah Elizabeth Ward, 10 Sept. 1818, in Tate Township, Clermont Co. Lived at ...

View Full Bio
presumably sent this letter by post to
Commerce

Located near middle of western boundary of state, bordering Mississippi River. European Americans settled area, 1820s. From bank of river, several feet above high-water mark, ground described as nearly level for six or seven blocks before gradually sloping...

More Info
, Illinois, where JS would have received it after he returned from
Washington

Created as district for seat of U.S. federal government by act of Congress, 1790, and named Washington DC, 1791. Named in honor of George Washington. Headquarters of executive, legislative, and judicial branches of U.S. government relocated to Washington ...

More Info
on or before 29 February 1840.
3

John Smith, Journal, 1836–1840, 29 Feb. 1840, [58].


Comprehensive Works Cited

Smith, John (1781-1854). Journal, 1833–1841. John Smith, Papers, 1833-1854. CHL. MS 1326, box 1.

The original letter is not extant.
Howard Coray

6 May 1817–16 Jan. 1908. Bookkeeper, clerk, teacher, farmer. Born in Dansville, Steuben Co., New York. Son of Silas Coray and Mary Stephens. Moved to Providence, Luzerne Co., Pennsylvania, ca. 1827; to Williams, Northampton Co., Pennsylvania, by 1830; and...

View Full Bio
copied the version featured here into JS Letterbook 2 sometime between April and June 1840.
4

Coray, Autobiographical Sketch, 17, 19.


Comprehensive Works Cited

Coray, Howard. Autobiographical Sketch, after 1883. Howard Coray, Papers, ca. 1840–1941. Photocopy. CHL. MS 2043, fd. 1.

Footnotes

  1. [1]

    See Historical Introduction to Letter from Elias Higbee, 20 Feb. 1840–A.

  2. [2]

    Letter from Elias Higbee, 20 Feb. 1840–A.

  3. [3]

    John Smith, Journal, 1836–1840, 29 Feb. 1840, [58].

    Smith, John (1781-1854). Journal, 1833–1841. John Smith, Papers, 1833-1854. CHL. MS 1326, box 1.

  4. [4]

    Coray, Autobiographical Sketch, 17, 19.

    Coray, Howard. Autobiographical Sketch, after 1883. Howard Coray, Papers, ca. 1840–1941. Photocopy. CHL. MS 2043, fd. 1.

Asterisk (*) denotes a "featured" version, which includes an introduction and annotation.
*Letter from Elias Higbee, 21 February 1840
Letterbook 2 History, 1838–1856, volume C-1 [2 November 1838–31 July 1842] “History of Joseph Smith”

Page 100

Washington

Created as district for seat of U.S. federal government by act of Congress, 1790, and named Washington DC, 1791. Named in honor of George Washington. Headquarters of executive, legislative, and judicial branches of U.S. government relocated to Washington ...

More Info
Feb 21st. 1840
Dr. Bro,
I have just returned again from the committee room,
1

Presumably one of several committee rooms in the United States Capitol.


Mr. [Lewis F.] Linn

5 Nov. 1795/1796–3 Oct. 1843. Physician, politician. Born near Louisville, Jefferson Co., Kentucky. Son of Asahel Linn and Nancy Hunter. Served in War of 1812. Studied medicine in Louisville and Philadelphia. Established medical practice, 1816, in Sainte ...

View Full Bio
and
Mr. Jamison [John Jameson]

6 Mar. 1802–24 Jan. 1857. Farmer, lawyer, politician. Born in Mount Sterling, Montgomery Co., Kentucky. Moved to Callaway Co., Missouri, 1825. Served in Missouri House of Representatives, 1830–1836, and served as Speaker of the House, 1834, 1836. Served in...

View Full Bio
made some statements, to which I replied—
Mr. Linn

5 Nov. 1795/1796–3 Oct. 1843. Physician, politician. Born near Louisville, Jefferson Co., Kentucky. Son of Asahel Linn and Nancy Hunter. Served in War of 1812. Studied medicine in Louisville and Philadelphia. Established medical practice, 1816, in Sainte ...

View Full Bio
is much more mild and reasonable (mostly perhaps from policy)
2

This parenthetical phrase may refer to the differences between the way business was conducted in the Senate and in the House. In the 1830s, Alexis de Tocqueville wrote that whereas the Senate conducted itself in a dignified manner, “on entering the House of Representatives of Washington, one is struck by the vulgar demeanour of that great assembly.” (Tocqueville, Democracy in America, 2:54.)


Comprehensive Works Cited

Tocqueville, Alexis de. Democracy in America. Translated by Henry Reeve. 2 vols. London: Saunders and Otley, 1835.

than
Mr. Jamison

6 Mar. 1802–24 Jan. 1857. Farmer, lawyer, politician. Born in Mount Sterling, Montgomery Co., Kentucky. Moved to Callaway Co., Missouri, 1825. Served in Missouri House of Representatives, 1830–1836, and served as Speaker of the House, 1834, 1836. Served in...

View Full Bio
! who related a long lingo of stuff, which he said was proven before the Legislature in
Missouri

Area acquired by U.S. in Louisiana Purchase, 1803, and established as territory, 1812. Missouri Compromise, 1820, admitted Missouri as slave state, 1821. Population in 1830 about 140,000; in 1836 about 240,000; and in 1840 about 380,000. Latter-day Saint ...

More Info
3

See Document Containing the Correspondence, 1–14.


Comprehensive Works Cited

Document Containing the Correspondence, Orders, &c., in Relation to the Disturbances with the Mormons; and the Evidence Given before the Hon. Austin A. King, Judge of the Fifth Judicial Circuit of the State of Missouri, at the Court-House in Richmond, in a Criminal Court of Inquiry, Begun November 12, 1838, on the Trial of Joseph Smith, Jr., and Others, for High Treason and Other Crimes against the State. Fayette, MO: Boon’s Lick Democrat, 1841.

which amounted to about this that Joseph Smith gave the Mormons liberty to trespass on their neighbors property; also <​gave​> told them that it all belonged to them; as they [were] Israelites. O Upon this the strength of this they became the aggressors. I replied that the
Jackson County

Settled at Fort Osage, 1808. County created, 16 Feb. 1825; organized 1826. Named after U.S. president Andrew Jackson. Featured fertile lands along Missouri River and was Santa Fe Trail departure point, which attracted immigrants to area. Area of county reduced...

More Info
People in their declaration of causes that induced them to unite in order to drive the Mormons— The crime of stealing or trespassing was not mentioned;
4

The 1833 declaration of the citizens of Jackson County, Missouri, was reprinted in the first pages of Parley P. Pratt’s history of the Saints’ experiences in Missouri. (Pratt, History of the Late Persecution, 7–10.)


and there was no Docket, either Clerks or Justices that could show it, in
Jackson

Settled at Fort Osage, 1808. County created, 16 Feb. 1825; organized 1826. Named after U.S. president Andrew Jackson. Featured fertile lands along Missouri River and was Santa Fe Trail departure point, which attracted immigrants to area. Area of county reduced...

More Info
,
Clay

Settled ca. 1800. Organized from Ray Co., 1822. Original size diminished when land was taken to create several surrounding counties. Liberty designated county seat, 1822. Population in 1830 about 5,000; in 1836 about 8,500; and in 1840 about 8,300. Refuge...

More Info
,
Caldwell

Located in northwest Missouri. Settled by whites, by 1831. Described as being “one-third timber and two-thirds prairie” in 1836. Created specifically for Latter-day Saints by Missouri state legislature, 29 Dec. 1836, in attempt to solve “Mormon problem.” ...

More Info
, or
Davi[es]s

Area in northwest Missouri settled by European Americans, 1830. Sparsely inhabited until 1838. Created from Ray Co., Dec. 1836, in attempt to resolve conflicts related to Latter-day Saint settlement in that region. County is transected diagonally from northwest...

More Info
— Counties— and that no Mormons ever heard such teaching or doctrine from Joseph Smith or any other Mormon; that we held to no such doctrine neither believed in any such thing—
5

During the 1838 “Mormon War” in Missouri, leaders of the Danites, a military society organized among the Mormons, apparently taught that a February 1831 revelation granted them license to “take to your selves spoils of the goods of the ungodly Gentiles for it is written the riches of the Gentiles shall be consecrated to my people the house of Israel.” Higbee had been the captain general in the Danite organization during the conflict in Missouri. In October 1838, some church members organized into militia companies and attacked settlements that harbored anti-Mormon vigilantes. Some members confiscated livestock and other goods for the Saints’ use, and church members defended the practice as in keeping with generally accepted practices of war. Church leaders had previously denied allegations that they directed church members to steal from their neighbors or to willfully act against Missouri laws. (Phelps, Reminiscences, 6–7; Revelation, 9 Feb. 1831 [D&C 42:39]; see also LeSueur, 1838 Mormon War in Missouri, chap. 7; Baugh, “Call to Arms,” chap. 7; Letter from Elias Higbee, 16 Apr. 1839; Reed Peck, Quincy, IL, to “Dear Friends,” 18 Sept. 1839, p. 48, Henry E. Huntington Library, San Marino, CA; Foote, Autobiography, 30; Petition to George Tompkins, between 9 and 15 Mar. 1839; and Bill of Damages, 4 June 1839.)


Comprehensive Works Cited

Phelps, Morris. Reminiscences, no date. CHL. MS 271.

LeSueur, Stephen C. The 1838 Mormon War in Missouri. Columbia: University of Missouri Press, 1987.

Baugh, Alexander L. “A Call to Arms: The 1838 Mormon Defense of Northern Missouri.” PhD diss., Brigham Young University, 1996. Also available as A Call to Arms: The 1838 Mormon Defense of Northern Missouri, Dissertations in Latter-day Saint History (Provo, UT: Joseph Fielding Smith Institute for Latter-day Saint History; BYU Studies, 2000).

Peck, Reed. Letter, Quincy, IL, to “Dear Friends,” 18 Sept. 1839. Huntington Library, San Marino, CA.

Foote, Warren. Autobiography, not before 1903. Warren Foote, Papers, 1837–1941. CHL. MS 1123, fd. 1.

I mentioned some things contained in our Book of doctrine and Covenants; Government and laws in general.
6

Declaration on Government and Law, ca. Aug. 1835 [D&C 134].


Told them we had published long ago our belief on that subject— Some things I recolected; which were, that all persons should obey the laws of the government under which they lived, and that ecclesiastical power should not be exercised to [p. 100]
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Page 100

Document Information

Related Case Documents
Editorial Title
Letter from Elias Higbee, 21 February 1840
ID #
516
Total Pages
4
Print Volume Location
JSP, D7:188–193
Handwriting on This Page
  • Howard Coray

Footnotes

  1. [1]

    Presumably one of several committee rooms in the United States Capitol.

  2. [2]

    This parenthetical phrase may refer to the differences between the way business was conducted in the Senate and in the House. In the 1830s, Alexis de Tocqueville wrote that whereas the Senate conducted itself in a dignified manner, “on entering the House of Representatives of Washington, one is struck by the vulgar demeanour of that great assembly.” (Tocqueville, Democracy in America, 2:54.)

    Tocqueville, Alexis de. Democracy in America. Translated by Henry Reeve. 2 vols. London: Saunders and Otley, 1835.

  3. [3]

    See Document Containing the Correspondence, 1–14.

    Document Containing the Correspondence, Orders, &c., in Relation to the Disturbances with the Mormons; and the Evidence Given before the Hon. Austin A. King, Judge of the Fifth Judicial Circuit of the State of Missouri, at the Court-House in Richmond, in a Criminal Court of Inquiry, Begun November 12, 1838, on the Trial of Joseph Smith, Jr., and Others, for High Treason and Other Crimes against the State. Fayette, MO: Boon’s Lick Democrat, 1841.

  4. [4]

    The 1833 declaration of the citizens of Jackson County, Missouri, was reprinted in the first pages of Parley P. Pratt’s history of the Saints’ experiences in Missouri. (Pratt, History of the Late Persecution, 7–10.)

  5. [5]

    During the 1838 “Mormon War” in Missouri, leaders of the Danites, a military society organized among the Mormons, apparently taught that a February 1831 revelation granted them license to “take to your selves spoils of the goods of the ungodly Gentiles for it is written the riches of the Gentiles shall be consecrated to my people the house of Israel.” Higbee had been the captain general in the Danite organization during the conflict in Missouri. In October 1838, some church members organized into militia companies and attacked settlements that harbored anti-Mormon vigilantes. Some members confiscated livestock and other goods for the Saints’ use, and church members defended the practice as in keeping with generally accepted practices of war. Church leaders had previously denied allegations that they directed church members to steal from their neighbors or to willfully act against Missouri laws. (Phelps, Reminiscences, 6–7; Revelation, 9 Feb. 1831 [D&C 42:39]; see also LeSueur, 1838 Mormon War in Missouri, chap. 7; Baugh, “Call to Arms,” chap. 7; Letter from Elias Higbee, 16 Apr. 1839; Reed Peck, Quincy, IL, to “Dear Friends,” 18 Sept. 1839, p. 48, Henry E. Huntington Library, San Marino, CA; Foote, Autobiography, 30; Petition to George Tompkins, between 9 and 15 Mar. 1839; and Bill of Damages, 4 June 1839.)

    Phelps, Morris. Reminiscences, no date. CHL. MS 271.

    LeSueur, Stephen C. The 1838 Mormon War in Missouri. Columbia: University of Missouri Press, 1987.

    Baugh, Alexander L. “A Call to Arms: The 1838 Mormon Defense of Northern Missouri.” PhD diss., Brigham Young University, 1996. Also available as A Call to Arms: The 1838 Mormon Defense of Northern Missouri, Dissertations in Latter-day Saint History (Provo, UT: Joseph Fielding Smith Institute for Latter-day Saint History; BYU Studies, 2000).

    Peck, Reed. Letter, Quincy, IL, to “Dear Friends,” 18 Sept. 1839. Huntington Library, San Marino, CA.

    Foote, Warren. Autobiography, not before 1903. Warren Foote, Papers, 1837–1941. CHL. MS 1123, fd. 1.

  6. [6]

    Declaration on Government and Law, ca. Aug. 1835 [D&C 134].

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