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Affidavit, 20 January 1840

Source Note

JS,
Sidney Rigdon

19 Feb. 1793–14 July 1876. Tanner, farmer, minister. Born at St. Clair, Allegheny Co., Pennsylvania. Son of William Rigdon and Nancy Gallaher. Joined United Baptists, ca. 1818. Preached at Warren, Trumbull Co., Ohio, and vicinity, 1819–1821. Married Phebe...

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, and
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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, Affidavit,
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
, 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,
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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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
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. This affidavit was presumably still with that collection of documents when subsequent church delegations resubmitted the documents with additional petitions to the federal government.
1

Letter from Elias Higbee, 24 Mar. 1840.


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,
Sidney Rigdon

19 Feb. 1793–14 July 1876. Tanner, farmer, minister. Born at St. Clair, Allegheny Co., Pennsylvania. Son of William Rigdon and Nancy Gallaher. Joined United Baptists, ca. 1818. Preached at Warren, Trumbull Co., Ohio, and vicinity, 1819–1821. Married Phebe...

View Full Bio
, and
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
signed an affidavit certifying that they possessed copies of certificates showing
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...

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members’ ownership of land 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
. Several months before the church delegation left for
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
, 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.
1

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


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
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, asking for additional affidavits, letters, and legal documents to support their case.
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.


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
governor

14 Dec. 1796–14 Mar. 1860. Bookkeeper, bank cashier, merchant, Indian agent and trader, lawyer, doctor, postmaster, politician. Born at Lexington, Fayette Co., Kentucky. Son of John M. Boggs and Martha Oliver. Served in War of 1812. Moved to St. Louis, ca...

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.
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.)


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.
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.)


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,
Hyrum Smith

9 Feb. 1800–27 June 1844. Farmer, cooper. Born at Tunbridge, Orange Co., Vermont. Son of Joseph Smith Sr. and Lucy Mack. Moved to Randolph, Orange Co., 1802; back to Tunbridge, before May 1803; to Royalton, Windsor Co., Vermont, 1804; to Sharon, Windsor Co...

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had informed JS,
Rigdon

19 Feb. 1793–14 July 1876. Tanner, farmer, minister. Born at St. Clair, Allegheny Co., Pennsylvania. Son of William Rigdon and Nancy Gallaher. Joined United Baptists, ca. 1818. Preached at Warren, Trumbull Co., Ohio, and vicinity, 1819–1821. Married Phebe...

View Full Bio
, and
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
that he would send these duplicate patents to them by mail. It is unclear, however, when the patents arrived.
5

Letter from Hyrum Smith, 2 Jan. 1840.


The three men signed the document 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
, 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
Richard M. Young

20 Feb. 1798–28 Nov. 1861. Attorney, judge, politician. Born in Fayette Co., Kentucky. Moved to Jonesboro, Union Co., Illinois Territory. Admitted to Illinois bar, 1817, in Jonesboro. Served as state representative from Union Co., 1820–1822. Married Matilda...

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of
Illinois

Became part of Northwest Territory of U.S., 1787. Admitted as state, 1818. Population in 1840 about 480,000. Population in 1845 about 660,000. Plentiful, inexpensive land attracted settlers from northern and southern states. Following expulsion from Missouri...

More Info
presented to the
United States

North American constitutional republic. Constitution ratified, 17 Sept. 1787. Population in 1805 about 6,000,000; in 1830 about 13,000,000; and in 1844 about 20,000,000. Louisiana Purchase, 1803, doubled size of U.S. Consisted of seventeen states at time ...

More Info
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.”
6

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


Comprehensive Works Cited

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.

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 [2]

the within is a list of the land duplicates in our hand as being a part of the many belonging to the people that was driven from
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
by
Gov Boggs

14 Dec. 1796–14 Mar. 1860. Bookkeeper, bank cashier, merchant, Indian agent and trader, lawyer, doctor, postmaster, politician. Born at Lexington, Fayette Co., Kentucky. Son of John M. Boggs and Martha Oliver. Served in War of 1812. Moved to St. Louis, ca...

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Exterminating order
31

Hyrum Smith wrote a letter to JS, Higbee, and Rigdon that suggests there were other copies of certificates he could send to the delegation if needed. (Letter from Hyrum Smith, 2 Jan. 1840.)


Joseph Smith J.
Sidney Rigdon

19 Feb. 1793–14 July 1876. Tanner, farmer, minister. Born at St. Clair, Allegheny Co., Pennsylvania. Son of William Rigdon and Nancy Gallaher. Joined United Baptists, ca. 1818. Preached at Warren, Trumbull Co., Ohio, and vicinity, 1819–1821. Married Phebe...

View Full Bio
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
.
The undersigned also have in their possession vouchers setting forth their Claims, from the individuals who have suffered being Notes Book accounts and instruments truly setting forth their lawful claim these will be presented to the Committee if required at any time
32

Examples of these “Vouchers” and “Notes Book,” if they are different from the dozens of affidavits the church’s delegation submitted to Congress, have not been located.


Joseph, Smith Jr
Sidney, Rigdon

19 Feb. 1793–14 July 1876. Tanner, farmer, minister. Born at St. Clair, Allegheny Co., Pennsylvania. Son of William Rigdon and Nancy Gallaher. Joined United Baptists, ca. 1818. Preached at Warren, Trumbull Co., Ohio, and vicinity, 1819–1821. Married Phebe...

View Full Bio
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
[p. [2]]
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Source Note

Document Transcript

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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. [31]

    Hyrum Smith wrote a letter to JS, Higbee, and Rigdon that suggests there were other copies of certificates he could send to the delegation if needed. (Letter from Hyrum Smith, 2 Jan. 1840.)

  2. [32]

    Examples of these “Vouchers” and “Notes Book,” if they are different from the dozens of affidavits the church’s delegation submitted to Congress, have not been located.

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