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Certificate from Elias Higbee, 9 July 1838

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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, Certificate,
Caldwell Co.

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
, MO, to 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
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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, 9 July 1838; one page; handwriting of
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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; JS Collection, CHL. Includes docket.
Blue bifolium measuring 10 × 8 inches (25 × 20 cm). The document was folded for filing and was docketed. The document was presumably placed with JS’s other papers after it was received and has remained in continuous institutional custody.

Historical Introduction

On 9 July 1838, Judge
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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wrote a certificate for 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
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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, affirming that stolen goods had been recovered and verified as belonging to the three men and were thus being returned to them. Higbee was the presiding judge of
Caldwell County

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
as well as a member of the
Zion

JS revelation, dated 20 July 1831, designated Missouri as “land of Zion” for gathering of Saints and place where “City of Zion” was to be built, with Independence area as “center place” of Zion. Latter-day Saint settlements elsewhere, such as in Kirtland,...

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high council

A governing body of twelve high priests. The first high council was organized in Kirtland, Ohio, on 17 February 1834 “for the purpose of settling important difficulties which might arise in the church, which could not be settled by the church, or the bishop...

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in
Far West

Originally called Shoal Creek. Located fifty-five miles northeast of Independence. Surveyed 1823; first settled by whites, 1831. Site purchased, 8 Aug. 1836, before Caldwell Co. was organized for Latter-day Saints in Missouri. William W. Phelps and John Whitmer...

More Info
, Missouri.
1

Minutes, 7 Nov. 1837; Parley P. Pratt, Testimony, Nauvoo, IL, 1 July 1843, p. 2, Nauvoo, IL, Records, CHL.


Comprehensive Works Cited

Nauvoo, IL. Records, 1841–1845. CHL. MS 16800.

He stated in the certificate that the goods were “stolen or embezelled” from the men; were found in the possession of
Sylvester Hulet

1 Mar. 1800–17 Nov. 1885. Born in Lee, Berkshire Co., Massachusetts. Son of Sylvanus Hulet and Mary. Moved to Nelson Township, Portage Co., Ohio, 1814. Baptized into Church of Jesus Christ of Latter-day Saints, Mar. 1830. Moved to Jackson Co., Missouri, by...

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, who was an
elder

A male leader in the church generally; an ecclesiastical and priesthood office or one holding that office; a proselytizing missionary. The Book of Mormon explained that elders ordained priests and teachers and administered “the flesh and blood of Christ unto...

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in the church; and were seized from him.
2

Minute Book 2, 31 July–1 Aug. 1834.


Neither the certificate nor other extant documents provide details about the circumstances of the theft, the search warrant mentioned in the document, or the seizure of the goods. The language of the certificate closely follows that of the
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
statute for recovering and returning “stolen or embezzled” goods. When an individual could produce “satisfactory proof of the title” to recovered property in the custody of a magistrate, the property would “be delivered to” the rightful owner after the owner paid “the necessary expenses incurred” by the magistrate in preserving the property. The magistrate would also issue a certificate documenting the transaction.
3

An Act to Regulate Proceedings in Criminal Cases [21 Mar. 1835], Revised Statutes of the State of Missouri [1835], p. 500, art. 9, secs. 1–4, 6–8.


Comprehensive Works Cited

The Revised Statutes of the State of Missouri, Revised and Digested by the Eighth General Assembly, During the Years One Thousand Eight Hundred and Thirty-Four, and One Thousand Eight Hundred and Thirty-Five. Together with the Constitutions of Missouri and of the United States. 3rd ed. St. Louis: Chambers and Knapp, 1841.

Higbee presumably produced the document in Caldwell County, his judicial jurisdiction, and most likely in Far West, the county seat. The certificate was apparently delivered to JS and the others in conjunction with the return of the goods.

Footnotes

  1. [1]

    Minutes, 7 Nov. 1837; Parley P. Pratt, Testimony, Nauvoo, IL, 1 July 1843, p. 2, Nauvoo, IL, Records, CHL.

    Nauvoo, IL. Records, 1841–1845. CHL. MS 16800.

  2. [2]

    Minute Book 2, 31 July–1 Aug. 1834.

  3. [3]

    An Act to Regulate Proceedings in Criminal Cases [21 Mar. 1835], Revised Statutes of the State of Missouri [1835], p. 500, art. 9, secs. 1–4, 6–8.

    The Revised Statutes of the State of Missouri, Revised and Digested by the Eighth General Assembly, During the Years One Thousand Eight Hundred and Thirty-Four, and One Thousand Eight Hundred and Thirty-Five. Together with the Constitutions of Missouri and of the United States. 3rd ed. St. Louis: Chambers and Knapp, 1841.

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Document Information

Related Case Documents
Editorial Title
Certificate from Elias Higbee, 9 July 1838
ID #
1881
Total Pages
4
Print Volume Location
JSP, D6:202–203
Handwriting on This Page

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