53992104

Letter from Elias Higbee, 21 February 1840

it should be fully investigated, and they the  committee, should have power to send for  persons and papers— For if we had a right to  claim damages of the United States, so had  they, if all were true concerning the acts alledged ag ainst the Mormons; that they had a right to ask  the Government, to pay the war against the Mormons—  But finally seemed to disapprove of the exterminating  order. which was admitted to have existed by Mr.  Jamison. or was issued by their Legislature, but that no  one ever thought of carrying it into effect. He said  that General [John B.] Clark merely advised the mormons  to leave the State: to which I replied, Genl.  Clark’s speech was before them; that I had sta ted some of its contents yesterday; and if it were nec essary, I could prove it by four or five hundred affidavits
Then Mr. Jamison stated something about the prisoners  making their escape— and that he had no doubt, but  that they could have a fair trial in Missouri, for the  Legislature, to his certain knowledge, passed a law whereby  they had a right to choose, any county in the State, to  be tried in; to which I replied, that I understood such a  law was passed; but notwithstanding they could not get  their their trials in the County wherein they desired:  for they were forced to go to Boon[e], whereas they desired  to have their trials at Palmira; where they could  get their Witnesses, as that was only, sixteen miles from  the river, and the other, was a great distance— He  said Judge King certainly would not go contrary  to law— I told him there were some affidavits in  some affidavits in those documents that would tell  him some things very strange concerning Judge King Mr. Linn then wished to know if the affidavits were from  any body else save Mormons: I replied that there were  some others; but how many I knew not— He then wan ted to know how they were certified— whether any  clerks name was attached in the business— I told  him they were well authenticated by the Courts of  record; with the clerk’s name attached thereto [p. 102]
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Elias Higbee, letter, Washington DC, to JS, en route to Nauvoo, IL, 21 Feb. 1840; handwriting of Howard Coray; in JS Letterbook 2, pp. 100–103; JS Collection, CHL.

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