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Affidavit, 20 January 1840

Source Note

JS, , and , Affidavit, , 20 Jan. 1840; unidentified handwriting; two pages; Records of the U.S. House of Representatives, Record Group 233, National Archives and Records Administration, Washington DC.
One leaf, measuring 9¾ × 7¾ inches (25 × 20 cm), ruled with twenty-six printed horizontal lines on each side.
In March 1840, collected all of the papers submitted to the Senate Committee on the Judiciary in support of the church’s memorial to Congress and returned them to , Illinois. This affidavit was presumably still with that collection of documents when subsequent church delegations resubmitted the documents with additional petitions to the federal government. Congress apparently stored this affidavit with other documents it received in the 1840s relative to the church’s ongoing petitioning efforts. Those records were transferred to the National Archives and Records Administration sometime after its creation in 1934. Since then, the National Archives and Records Administration has had continuous custody of the document.

Footnotes

  1. [1]

    Letter from Elias Higbee, 24 Mar. 1840.

Historical Introduction

On 20 January 1840, JS, , and signed an affidavit certifying that they possessed copies of certificates showing members’ ownership of land in . Several months before the church delegation left for , church leaders started gathering legal documents and producing bills of damages. These documents were meant to demonstrate the persecution the Saints experienced in Missouri and to quantify the property lost when they were expelled from the state. Once in the capital, JS, Rigdon, and Higbee continued to prepare a memorial to Congress requesting redress and reparations for the Saints’ losses. The men also wrote to , Illinois, asking for additional affidavits, letters, and legal documents to support their case. As part of this effort, JS, Rigdon, and Higbee obtained copies of land patents certifying the purchase of property from the federal government. They planned to present the patents to Congress to prove church members still owned land in Missouri, even though the Saints had been driven from their property by the state militia and other Missourians under the approval of the state’s . The affidavit featured here explains that the patents, which the delegation was willing to submit to Congress if necessary, represented only a sampling of the land church members lost. The certificate number of each land patent is listed in the affidavit next to the name of the person who held that patent.
Earlier in January, had informed JS, , and that he would send these duplicate patents to them by mail. It is unclear, however, when the patents arrived. The three men signed the document in , but there is no signature of the justice of the peace or judge before whom they confirmed their signatures, as was customary in a formal affidavit. On 17 February 1840, Senator of presented to the Senate “additional documents in relation to the petition of the ‘Latter Day Saints,’ commonly called Mormons; which were referred to the Committee on the Judiciary.” This affidavit presumably was included among those documents because it was later filed by the National Archives with other documents the church’s delegation submitted to the Twenty-Sixth Congress.

Footnotes

  1. [1]

    See Letter to Edward Partridge and the Church, ca. 22 Mar. 1839; and Minutes, 4–5 May 1839.

  2. [2]

    Memorial to the United States Senate and House of Representatives, ca. 30 Oct. 1839–27 Jan. 1840; Letter to Seymour Brunson and Nauvoo High Council, 7 Dec. 1839.

  3. [3]

    It is unclear whether the delegation had always intended to include the land duplicates mentioned in this affidavit or if the request for these documents resulted from the advice of the Illinois delegates to Congress. (See Letter to Seymour Brunson and Nauvoo High Council, 7 Dec. 1839.)

  4. [4]

    Beginning in 1836, church leaders purchased large tracts of land in what became Caldwell County, Missouri, and then sold or gave lots to individual church members. For example, John Whitmer, William W. Phelps, and Hyrum Smith purchased 2,960 acres of land in Caldwell County in 1836, and other church members then purchased or received lots of land from them. Some church members, however, purchased their land separately from “the Government, of the settlers, and by pre-emption” rights. (Historical Introduction to Revelation, 4 Sept. 1837; Memorial to the United States Senate and House of Representatives, ca. 30 Oct. 1839–27 Jan. 1840.)

  5. [5]

    Letter from Hyrum Smith, 2 Jan. 1840.

  6. [6]

    Journal of the Senate of the United States, 17 Feb. 1840, 179.

    Journal of the Senate of the United States of America, Being the First Session of the Twenty-Sixth Congress, Begun and Held at the City of Washington, December 2, 1839, and in the Sixty-Fourth Year of the Independence of the Said United States. Washington DC: Blair and Rives, 1839.

Page [1]

January 20th 1840
We the Undersigned do hereby Certify that we hold at this time Land Duplicates belonging to our brethren purchased of the in the State of and forwarded to us by our breth[r]en to present as testimony to show that we still are in possession lawfully of the same but compelled by the Extermenating order of Gov of to leave the same in the hands of the mob. the following is a true list of the Numbers of the Duplicates now in our possession at this time and which will be presented to Committe if required as testimony
No 10394 Held by
No 8482 Held by No. 10031 " " " " " "
No 9779 Held by No. 11221 " " " " " "
No 680 " " " " " " No. 9415 " " " " " "
No 9780 " " " " " " No. 9157 " " " " " "
No 9987 " " " " " " No. 8675 " " " " " "
No 8421 " " " " " " No 9269 Held by Chandler Holbrook
No. 9986 " " " " " " No. 9156 Held by
No. 10606 " " " " " " No 10813 " " Wilson Vanderlip
No 9782 " " " " " " No 8976 " "
No 10.10.6. " " " " " " No. 10161 " "
No 8420 " " " " " " No. 9378 " " John Fausett
No. 10723 Held by No. 10663 " "
No. 11834 Held by John Rowley No. 10992 " "
[p. [1]]
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Document Information

Related Case Documents
Editorial Title
Affidavit, 20 January 1840
ID #
5494
Total Pages
2
Print Volume Location
JSP, D7:124–128
Handwriting on This Page
  • Unidentified

Footnotes

  1. [1]

    See Letter from Hyrum Smith, 2 Jan. 1840.

  2. [2]

    Lilburn W. Boggs, Jefferson City, MO, to John B. Clark, Fayette, MO, 27 Oct. 1838, copy, Mormon War Papers, Missouri State Archives, Jefferson City.

    Mormon War Papers, 1838–1841. MSA.

  3. [3]

    The testimonies given before the Senate Committee on the Judiciary concerning the church’s case against Missouri are summarized in a series of letters Higbee wrote to JS in February and March 1840. This affidavit is not specifically mentioned therein. (Letter from Elias Higbee, 20 Feb. 1840–A; Letters from Elias Higbee, 21 and 22 Feb. 1840.)

  4. [4]

    The correct certificate number for this land patent is 10594. (Land Patent for Edward Partridge, Caldwell Co., MO, no. 10594, General Land Office Records, BLM.)

    General Land Office Records. Bureau of Land Management, U.S. Department of the Interior. Digital images of the land patents cited herein are available at http://www.glorecords.blm.gov/.

  5. [5]

    The correct certificate number for this land patent is 8682. (Land Patent for George W. Harris, Caldwell Co., MO, no. 8682, General Land Office Records, BLM.)

    General Land Office Records. Bureau of Land Management, U.S. Department of the Interior. Digital images of the land patents cited herein are available at http://www.glorecords.blm.gov/.

  6. [6]

    See Land Patent for Edward Partridge, Caldwell Co., MO, no. 10031, General Land Office Records, BLM.

    General Land Office Records. Bureau of Land Management, U.S. Department of the Interior. Digital images of the land patents cited herein are available at http://www.glorecords.blm.gov/.

  7. [7]

    See Land Patent for Squire Bozarth, Caldwell Co., MO, no. 9779, General Land Office Records, BLM.

    General Land Office Records. Bureau of Land Management, U.S. Department of the Interior. Digital images of the land patents cited herein are available at http://www.glorecords.blm.gov/.

  8. [8]

    See Land Patent for Edward Partridge, Caldwell Co., MO, no. 11221, General Land Office Records, BLM.

    General Land Office Records. Bureau of Land Management, U.S. Department of the Interior. Digital images of the land patents cited herein are available at http://www.glorecords.blm.gov/.

  9. [9]

    This land patent certificate has not been located.

  10. [10]

    See Land Patent for Edward Partridge, Caldwell Co., MO, no. 9415, General Land Office Records, BLM.

    General Land Office Records. Bureau of Land Management, U.S. Department of the Interior. Digital images of the land patents cited herein are available at http://www.glorecords.blm.gov/.

  11. [11]

    See Land Patent for Squire Bozarth, Clinton Co., MO, no. 9780, General Land Office Records, BLM.

    General Land Office Records. Bureau of Land Management, U.S. Department of the Interior. Digital images of the land patents cited herein are available at http://www.glorecords.blm.gov/.

  12. [12]

    See Land Patent for Edward Partridge, Caldwell Co., MO, no. 9157, General Land Office Records, BLM.

    General Land Office Records. Bureau of Land Management, U.S. Department of the Interior. Digital images of the land patents cited herein are available at http://www.glorecords.blm.gov/.

  13. [13]

    See Land Patent for Squire Bozarth, Caldwell Co., MO, no. 9987, General Land Office Records, BLM.

    General Land Office Records. Bureau of Land Management, U.S. Department of the Interior. Digital images of the land patents cited herein are available at http://www.glorecords.blm.gov/.

  14. [14]

    See Land Patent for Edward Partridge, Ray Co., MO, no. 8675, General Land Office Records, BLM.

    General Land Office Records. Bureau of Land Management, U.S. Department of the Interior. Digital images of the land patents cited herein are available at http://www.glorecords.blm.gov/.

  15. [15]

    See Land Patent for Squire Bozarth, Caldwell Co., MO, no. 8421, General Land Office Records, BLM.

    General Land Office Records. Bureau of Land Management, U.S. Department of the Interior. Digital images of the land patents cited herein are available at http://www.glorecords.blm.gov/.

  16. [16]

    See Land Patent for Chandler Holbrook, Caldwell Co., MO, no. 9269, General Land Office Records, BLM.

    General Land Office Records. Bureau of Land Management, U.S. Department of the Interior. Digital images of the land patents cited herein are available at http://www.glorecords.blm.gov/.

  17. [17]

    See Land Patent for Squire Bozarth, Caldwell Co., MO, no. 9986, General Land Office Records, BLM.

    General Land Office Records. Bureau of Land Management, U.S. Department of the Interior. Digital images of the land patents cited herein are available at http://www.glorecords.blm.gov/.

  18. [18]

    See Land Patent for Charles Hubbard, Caldwell Co., MO, no. 9156, General Land Office Records, BLM.

    General Land Office Records. Bureau of Land Management, U.S. Department of the Interior. Digital images of the land patents cited herein are available at http://www.glorecords.blm.gov/.

  19. [19]

    See Land Patent for Squire Bozarth, Caldwell Co., MO, no. 10606, General Land Office Records, BLM.

    General Land Office Records. Bureau of Land Management, U.S. Department of the Interior. Digital images of the land patents cited herein are available at http://www.glorecords.blm.gov/.

  20. [20]

    See Land Patent for Wilson Vanderlip, Caldwell Co., MO, no. 10813, General Land Office Records, BLM.

    General Land Office Records. Bureau of Land Management, U.S. Department of the Interior. Digital images of the land patents cited herein are available at http://www.glorecords.blm.gov/.

  21. [21]

    See Land Patent for Squire Bozarth, Caldwell Co., MO, no. 9782, General Land Office Records, BLM.

    General Land Office Records. Bureau of Land Management, U.S. Department of the Interior. Digital images of the land patents cited herein are available at http://www.glorecords.blm.gov/.

  22. [22]

    See Land Patent for Gad Yale, Caldwell Co., MO, no. 8976, General Land Office Records, BLM.

    General Land Office Records. Bureau of Land Management, U.S. Department of the Interior. Digital images of the land patents cited herein are available at http://www.glorecords.blm.gov/.

  23. [23]

    See Land Patent for Squire Bozarth, Clinton Co., MO, no. 10106, General Land Office Records, BLM.

    General Land Office Records. Bureau of Land Management, U.S. Department of the Interior. Digital images of the land patents cited herein are available at http://www.glorecords.blm.gov/.

  24. [24]

    See Land Patent for Samuel Miles, Caldwell Co., MO, no. 10161, General Land Office Records, BLM.

    General Land Office Records. Bureau of Land Management, U.S. Department of the Interior. Digital images of the land patents cited herein are available at http://www.glorecords.blm.gov/.

  25. [25]

    See Land Patent for Squire Bozarth, Caldwell Co., MO, no. 8420, General Land Office Records, BLM.

    General Land Office Records. Bureau of Land Management, U.S. Department of the Interior. Digital images of the land patents cited herein are available at http://www.glorecords.blm.gov/.

  26. [26]

    The correct certificate number for this land patent is likely either 9373 or 9374. (See Land Patents for John Fausett, Caldwell Co., MO, nos. 9373, 9374, General Land Office Records, BLM.)

    General Land Office Records. Bureau of Land Management, U.S. Department of the Interior. Digital images of the land patents cited herein are available at http://www.glorecords.blm.gov/.

  27. [27]

    See Land Patent for James Goff, Clinton Co., MO, no. 10723, General Land Office Records, BLM.

    General Land Office Records. Bureau of Land Management, U.S. Department of the Interior. Digital images of the land patents cited herein are available at http://www.glorecords.blm.gov/.

  28. [28]

    See Land Patent for Samuel Rolfe, Caldwell Co., MO, no. 10663, General Land Office Records, BLM.

    General Land Office Records. Bureau of Land Management, U.S. Department of the Interior. Digital images of the land patents cited herein are available at http://www.glorecords.blm.gov/.

  29. [29]

    See Land Patent for John Rowley, Caldwell Co., MO, no. 11834, General Land Office Records, BLM.

    General Land Office Records. Bureau of Land Management, U.S. Department of the Interior. Digital images of the land patents cited herein are available at http://www.glorecords.blm.gov/.

  30. [30]

    See Land Patent for Samuel Miles, Caldwell Co., MO, no. 10992, General Land Office Records, BLM.

    General Land Office Records. Bureau of Land Management, U.S. Department of the Interior. Digital images of the land patents cited herein are available at http://www.glorecords.blm.gov/.

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