The Papers
Browse the PapersDocumentsJournalsAdministrative RecordsRevelations and TranslationsHistoriesLegal RecordsFinancial RecordsOther Contemporary Papers
Reference
PeoplePlacesEventsGlossaryLegal GlossaryFinancial GlossaryCalendar of DocumentsWorks CitedFeatured TopicsLesson PlansRelated Publications
Media
VideosPhotographsIllustrationsChartsMapsPodcasts
News
Current NewsArchiveNewsletterSubscribeJSP Conferences
About
About the ProjectJoseph Smith and His PapersFAQAwardsEndorsementsReviewsEditorial MethodNote on TranscriptionsNote on Images of People and PlacesReferencing the ProjectCiting This WebsiteProject TeamContact Us
Published Volumes
  1. Home > 
  2. The Papers > 

Letter to Seymour Brunson and Nauvoo High Council, 7 December 1839

Source Note

JS 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
, 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
Seymour Brunson

1 Dec. 1798–10 Aug. 1840. Farmer. Born at Plattsburg, Clinton Co., New York. Son of Reuben Brunson and Sally Clark. Served in War of 1812. Married Harriet Gould of Hector, Tompkins Co., New York, ca. 1823. Baptized into Church of Jesus Christ of Latter-day...

View Full Bio
and Nauvoo high council, [
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], 7 Dec. 1839. Featured version copied [between Apr. and June 1840] in JS Letterbook 2, pp. 89–91; 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...

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

Historical Introduction

On 7 December 1839, JS 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
wrote a letter to
Seymour Brunson

1 Dec. 1798–10 Aug. 1840. Farmer. Born at Plattsburg, Clinton Co., New York. Son of Reuben Brunson and Sally Clark. Served in War of 1812. Married Harriet Gould of Hector, Tompkins Co., New York, ca. 1823. Baptized into Church of Jesus Christ of Latter-day...

View Full Bio
and the rest of the
Nauvoo

Principal gathering place for Saints following expulsion from Missouri. Beginning in 1839, Church of Jesus Christ of Latter-day Saints purchased lands in earlier settlement of Commerce and planned settlement of Commerce City, as well as surrounding areas....

More Info
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...

View Glossary
to report on 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
delegation’s efforts to obtain redress from the federal government. On 5 December, JS and Higbee had written to report on their meeting with President
Martin Van Buren

5 Dec. 1782–24 July 1862. Lawyer, politician, diplomat, farmer. Born in Kinderhook, Columbia Co., New York. Son of Abraham Van Buren and Maria Hoes Van Alen. Member of Reformed Protestant Dutch Church. Worked as law clerk, 1800, in New York City. Returned...

View Full Bio
and their plans to meet with the congressional delegation from
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
.
1

Letter to Hyrum Smith and Nauvoo High Council, 5 Dec. 1839.


In this 7 December letter, JS and Higbee described their efforts to lobby Congress and gave details of two meetings with the Illinois delegation. At these meetings, JS and Higbee presented their grievances against
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
and enlisted the assistance of the Illinois representatives and senators to present to Congress a petition they had started to draft before departing 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
.
2

JS, Sidney Rigdon, and Elias Higbee, “Petition to United States Congress for Redress,” ca. 29 Nov. 1839, JS Collection, CHL; Memorial to the United States Senate and House of Representatives, ca. 30 Oct. 1839–27 Jan. 1840; see also the affidavits contained in Record Group 233, Records of the U.S. House of Representatives, National Archives, Washington DC.


Comprehensive Works Cited

Record Group 233, Records of the U.S. House of Representatives / Petitions and Memorials, Resolutions of State Legislatures, and Related Documents Which Were Referred to the Committee on Judiciary during the 27th Congress. Committee on the Judiciary, Petitions and Memorials, 1813–1968. Record Group 233, Records of the U.S. House of Representatives, 1789–2015. National Archives, Washington DC. The LDS records cited herein are housed in National Archives boxes 40 and 41 of Library of Congress boxes 139–144 in HR27A-G10.1.

Representative John Todd Stuart (a Whig from
Springfield

Settled by 1819. Incorporated as town, 1832. Became capital of Illinois, 1837. Incorporated as city, 1840. Sangamon Co. seat. Population in 1840 about 2,600. Stake of Church of Jesus Christ of Latter-day Saints organized in Springfield, Nov. 1840; discontinued...

More Info
, Illinois) agreed to help prepare the memorial, and 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...

View Full Bio
(a Democrat from Jonesboro, Illinois) agreed to introduce it in the Senate.
It is not entirely clear why JS 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
singled out
Brunson

1 Dec. 1798–10 Aug. 1840. Farmer. Born at Plattsburg, Clinton Co., New York. Son of Reuben Brunson and Sally Clark. Served in War of 1812. Married Harriet Gould of Hector, Tompkins Co., New York, ca. 1823. Baptized into Church of Jesus Christ of Latter-day...

View Full Bio
in the letter’s salutation. They possibly thought Brunson was the most reliable addressee when corresponding by mail.
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...

View Full Bio
later similarly opted to address all correspondence with the church’s delegation in
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
to Higbee because Smith thought it would “come more safe to his address” while JS was traveling between the capital and
Philadelphia

Port city founded as Quaker settlement by William Penn, 1681. Site of signing of Declaration of Independence and drafting of U.S. Constitution. Nation’s capital city, 1790–1800. Population in 1830 about 170,000; in 1840 about 260,000; and in 1850 about 410...

More Info
.
3

Letter from Hyrum Smith, 2 Jan. 1840.


The original letter is not extant. The version featured here is a copy entered into JS Letterbook 2 by
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
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.

Robert B. Thompson

1 Oct. 1811–27 Aug. 1841. Clerk, editor. Born in Great Driffield, Yorkshire, England. Methodist. Immigrated to Upper Canada, 1834. Baptized into Church of Jesus Christ of Latter-day Saints by Parley P. Pratt, May 1836, in Upper Canada. Ordained an elder by...

View Full Bio
made an additional copy of this letter for a third party at about the same time.
5

JS and Elias Higbee, Washington DC, to Seymour Brunson, 7 Dec. 1839, copy, JS Collection, CHL.


It is unclear whether Thompson’s copy or Coray’s copy was made first. However, Coray’s copy is featured here because its provenance is more certain. Only one slight substantive difference, noted in the annotation herein, exists between the two copies.

Footnotes

  1. [1]

    Letter to Hyrum Smith and Nauvoo High Council, 5 Dec. 1839.

  2. [2]

    JS, Sidney Rigdon, and Elias Higbee, “Petition to United States Congress for Redress,” ca. 29 Nov. 1839, JS Collection, CHL; Memorial to the United States Senate and House of Representatives, ca. 30 Oct. 1839–27 Jan. 1840; see also the affidavits contained in Record Group 233, Records of the U.S. House of Representatives, National Archives, Washington DC.

    Record Group 233, Records of the U.S. House of Representatives / Petitions and Memorials, Resolutions of State Legislatures, and Related Documents Which Were Referred to the Committee on Judiciary during the 27th Congress. Committee on the Judiciary, Petitions and Memorials, 1813–1968. Record Group 233, Records of the U.S. House of Representatives, 1789–2015. National Archives, Washington DC. The LDS records cited herein are housed in National Archives boxes 40 and 41 of Library of Congress boxes 139–144 in HR27A-G10.1.

  3. [3]

    Letter from Hyrum Smith, 2 Jan. 1840.

  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.

  5. [5]

    JS and Elias Higbee, Washington DC, to Seymour Brunson, 7 Dec. 1839, copy, JS Collection, CHL.

Asterisk (*) denotes a "featured" version, which includes an introduction and annotation. *Letter to Seymour Brunson and Nauvoo High Council, 7 December 1839 Letterbook 2 Letter to Seymour Brunson and Nauvoo High Council, 7 December 1839, Copy History, 1838–1856, volume C-1 [2 November 1838–31 July 1842] “History of Joseph Smith”

Page 90

the prominent members of the Senate, who were also Lawyers, and would report to us at the next meeting.
We met this day according to appointment & very friendly feelings were manifested, on the occasion.
Our business were taken up, and
Judge 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...

View Full Bio
stated that he had asked the opinion of Judge [Hugh L.] White Tennssee.
6

White served as a United States senator from Tennessee from 1825 to 1840. He had previously served on the Tennessee Supreme Court, and he ran for president in 1836 as a Whig, finishing third behind Martin Van Buren and William Henry Harrison. (McBride and Robison, Biographical Directory of the Tennessee General Assembly, 776–778.)


Comprehensive Works Cited

McBride, Robert M., and Dan M. Robison. Biographical Directory of the Tennessee General Assembly. 6 vols. Nashville, TN: Tennessee State Library and Archives and the Tennessee Historical Commission, 1975.

of Mr. Wright,
7

Likely Silas Wright Jr. (Democrat), a lawyer and senator from New York. (Biographical Directory of the United States Congress, 120, 2204.)


Comprehensive Works Cited

Biographical Directory of the United States Congress, 1774–2005, the Continental Congress, September 5, 1774, to October 21, 1788, and the Congress of the United States, from the First through the One Hundred Eighth Congresses, March 4, 1789, to January 3, 2005, inclusive. Edited by Andrew R. Dodge and Betty K. Koed. Washington DC: U.S. Government Printing Office, 2005.

and several other members; whose names we do not recollect, but were prominent members of the Senate— They all declined going giving an opinion at present, as it was a matter that they had not considered sufficiently to decide upon at this time, The meeting then after some deliberation decided in our favor, which decision was that a memorial and petition be drawn up in a concise manner, (our Representatives promising so to do,)
8

In Thompson’s copy of the letter, this parenthetical statement reads: “which our representative Mr Steward promised to do.” “Mr. Steward” is a reference to Representative John Todd Stuart of Illinois. (JS and Elias Higbee, Washington DC, to Seymour Brunson, 7 Dec. 1839, copy, JS Collection, CHL; Biographical Directory of the United States Congress, 1995.)


Comprehensive Works Cited

Biographical Directory of the United States Congress, 1774–2005, the Continental Congress, September 5, 1774, to October 21, 1788, and the Congress of the United States, from the First through the One Hundred Eighth Congresses, March 4, 1789, to January 3, 2005, inclusive. Edited by Andrew R. Dodge and Betty K. Koed. Washington DC: U.S. Government Printing Office, 2005.

and
Judge 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...

View Full Bio
present them to the Senate, that they might thereby refer it to the proper committee, with all the accompaning documents, and order the same to be printed,—
9

Before arriving in the capital, the church’s delegation to the federal government had started drafting a memorial to Congress and gathering affidavits from church members that itemized property lost or damaged in Missouri. The delegation hoped the government would print and distribute the memorial with these affidavits. (Historical Introduction to Memorial to the United States Senate and House of Representatives, ca. 30 Oct. 1839–27 Jan. 1840; Letter from Elias Higbee, 24 Mar. 1840.)


We want you to assist us now by your prayers; and also to forward us your certificates, that you hold for lands 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
; your <​claims to​> preemption claims rig[h]ts,
10

Preemption rights were a contractual agreement to purchase a tract of public land before it became available for purchase by a person or an entity. The holder of the preemption rights to a piece of property effectively had the first option to buy the property. Because the conflict in Missouri occurred right before the land became available for sale, church members claimed that their attackers sought to take away the Saints’ preemption rights for their own economic advantage. (Affidavit, 20 Jan. 1840; Memorial to the United States Senate and House of Representatives, ca. 30 Oct. 1839–27 Jan. 1840; see also Walker, “Mormon Land Rights,” 4–55.)


Comprehensive Works Cited

Walker, Jeffrey N. “Mormon Land Rights in Caldwell and Daviess Counties and the Mormon Conflict of 1838: New Findings and New Understandings.” BYU Studies 47, no. 1 (2008): 4–55.

and affidavits to prove that soldiers were quartered on us and in our houses without our consent, or any special act of law for the purpose: contrary to the constitution of 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
.
11

The Third Amendment of the United States Constitution prohibits the quartering of soldiers “in any house, without the consent of the Owner.”


We think
bro, [Alanson] Ripley

8 Jan. 1798–before 1860. Surveyor, lawyer. Born at New York. Son of Asa Ripley and Polly Deforest. Married Sarah Finkle. Resided in Massachusetts, 1827. Member of Church of Jesus Christ of Latter-day Saints in Ohio. Participated in Camp of Israel expedition...

View Full Bio
, & others, will recollect the circumstances and facts relative to this matter—
12

As a member of the committee formed in January 1839 to assist poor church members leaving Missouri, Ripley would have been familiar with the specific details surrounding the expulsion of individual church members and the fate of the property they left behind. (“Proceedings of Meeting No 2 Jany 29th 1839,” Far West Committee, Minutes, CHL; see also Dimick B. Huntington, Reminiscences and Journal, 8.)


Comprehensive Works Cited

Far West Committee. Minutes, Jan.–Apr. 1839. CHL. MS 2564.

Huntington, Dimick B. Reminiscences and Journal, 1845–1847. Dimick B. Huntington, Journal, 1845–1859. CHL. MS 1419, fd. 1.

You will also recollect the circumstance of Bro, Joseph & others being refused the priviledge of
habeas corpus

“Have the body”; a written order from a court of competent jurisdiction commanding anyone having a person in custody to produce such person at a certain time and place and to state the reasons why he or she is being held in custody. The court will determine...

View Glossary
by the authorities 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
,
13

Article 1, section 9, of the United States Constitution states: “The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.” JS and five others were incarcerated at Liberty, Missouri, from 1 December 1838 to 6 April 1839. They appealed to both a county court and the Missouri Supreme Court for a writ of habeas corpus, but both courts denied their appeals. (Jessee, “‘Walls, Grates, and Screeking Iron Doors’: The Prison Experience of Mormon Leaders in Missouri,” 19–42; Petition to George Tompkins, between 9 and 15 Mar. 1839.)


Comprehensive Works Cited

Jessee, Dean C. “‘Walls, Grates and Screeking Iron Doors’: The Prison Experiences of Mormon Leaders in Missouri, 1838–1839.” In New Views of Mormon History: A Collection of Essays in Honor of Leonard J. Arrington, edited by Davis Bitton and Maureen Ursenbach Beecher, 19–42. Salt Lake City: University of Utah Press, 1987.

These facts must be authenticated by affidavits— Let any particular transaction of the outrages 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
that can be sworn to by the sufferers, or those who were eye witnesses to the facts, be sent; specifying the particulars: Have the evidence bonafide to the point,
14

In preparation for the church’s appeal to the federal government, Higbee certified dozens of affidavits in his official capacity as a justice of the peace. This may have been the same type of legal care JS and Higbee were urging the high council to take as they continued to build a case against Missouri. Dozens of affidavits regarding lost and damaged property in Missouri were submitted to Congress by JS, Rigdon, and Higbee and by later church delegations sent to the federal government. It is unclear, however, which of these were submitted by the 1839–1840 delegation and which ones were submitted later.


The house of Representatives, is not yet organized: much feeling and confusion have prevailed in the House for a few days past: the house succeeded in electing
John Q Adams

11 July 1767–23 Feb. 1848. Lawyer, diplomat, politician. Born in Braintree (later in Quincy), Suffolk Co., Massachusetts. Son of John Adams and Abigail Smith. Lived alternately in Braintree and Boston, from 1772. Studied law at Harvard University. Married...

View Full Bio
chairman protem on 5th inst. They have not yet elected their speaker or clerk—
15

The delay in electing a Speaker and a clerk in the House of Representatives was due to contested elections in New Jersey.


The Senate [p. 90]
View entire transcript

|

Cite this page

Source Note

Document Transcript

Page 90

Document Information

Related Case Documents
Editorial Title
Letter to Seymour Brunson and Nauvoo High Council, 7 December 1839
ID #
497
Total Pages
3
Print Volume Location
JSP, D7:77–81
Handwriting on This Page
  • Howard Coray

Footnotes

  1. [6]

    White served as a United States senator from Tennessee from 1825 to 1840. He had previously served on the Tennessee Supreme Court, and he ran for president in 1836 as a Whig, finishing third behind Martin Van Buren and William Henry Harrison. (McBride and Robison, Biographical Directory of the Tennessee General Assembly, 776–778.)

    McBride, Robert M., and Dan M. Robison. Biographical Directory of the Tennessee General Assembly. 6 vols. Nashville, TN: Tennessee State Library and Archives and the Tennessee Historical Commission, 1975.

  2. [7]

    Likely Silas Wright Jr. (Democrat), a lawyer and senator from New York. (Biographical Directory of the United States Congress, 120, 2204.)

    Biographical Directory of the United States Congress, 1774–2005, the Continental Congress, September 5, 1774, to October 21, 1788, and the Congress of the United States, from the First through the One Hundred Eighth Congresses, March 4, 1789, to January 3, 2005, inclusive. Edited by Andrew R. Dodge and Betty K. Koed. Washington DC: U.S. Government Printing Office, 2005.

  3. [8]

    In Thompson’s copy of the letter, this parenthetical statement reads: “which our representative Mr Steward promised to do.” “Mr. Steward” is a reference to Representative John Todd Stuart of Illinois. (JS and Elias Higbee, Washington DC, to Seymour Brunson, 7 Dec. 1839, copy, JS Collection, CHL; Biographical Directory of the United States Congress, 1995.)

    Biographical Directory of the United States Congress, 1774–2005, the Continental Congress, September 5, 1774, to October 21, 1788, and the Congress of the United States, from the First through the One Hundred Eighth Congresses, March 4, 1789, to January 3, 2005, inclusive. Edited by Andrew R. Dodge and Betty K. Koed. Washington DC: U.S. Government Printing Office, 2005.

  4. [9]

    Before arriving in the capital, the church’s delegation to the federal government had started drafting a memorial to Congress and gathering affidavits from church members that itemized property lost or damaged in Missouri. The delegation hoped the government would print and distribute the memorial with these affidavits. (Historical Introduction to Memorial to the United States Senate and House of Representatives, ca. 30 Oct. 1839–27 Jan. 1840; Letter from Elias Higbee, 24 Mar. 1840.)

  5. [10]

    Preemption rights were a contractual agreement to purchase a tract of public land before it became available for purchase by a person or an entity. The holder of the preemption rights to a piece of property effectively had the first option to buy the property. Because the conflict in Missouri occurred right before the land became available for sale, church members claimed that their attackers sought to take away the Saints’ preemption rights for their own economic advantage. (Affidavit, 20 Jan. 1840; Memorial to the United States Senate and House of Representatives, ca. 30 Oct. 1839–27 Jan. 1840; see also Walker, “Mormon Land Rights,” 4–55.)

    Walker, Jeffrey N. “Mormon Land Rights in Caldwell and Daviess Counties and the Mormon Conflict of 1838: New Findings and New Understandings.” BYU Studies 47, no. 1 (2008): 4–55.

  6. [11]

    The Third Amendment of the United States Constitution prohibits the quartering of soldiers “in any house, without the consent of the Owner.”

  7. [12]

    As a member of the committee formed in January 1839 to assist poor church members leaving Missouri, Ripley would have been familiar with the specific details surrounding the expulsion of individual church members and the fate of the property they left behind. (“Proceedings of Meeting No 2 Jany 29th 1839,” Far West Committee, Minutes, CHL; see also Dimick B. Huntington, Reminiscences and Journal, 8.)

    Far West Committee. Minutes, Jan.–Apr. 1839. CHL. MS 2564.

    Huntington, Dimick B. Reminiscences and Journal, 1845–1847. Dimick B. Huntington, Journal, 1845–1859. CHL. MS 1419, fd. 1.

  8. [13]

    Article 1, section 9, of the United States Constitution states: “The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.” JS and five others were incarcerated at Liberty, Missouri, from 1 December 1838 to 6 April 1839. They appealed to both a county court and the Missouri Supreme Court for a writ of habeas corpus, but both courts denied their appeals. (Jessee, “‘Walls, Grates, and Screeking Iron Doors’: The Prison Experience of Mormon Leaders in Missouri,” 19–42; Petition to George Tompkins, between 9 and 15 Mar. 1839.)

    Jessee, Dean C. “‘Walls, Grates and Screeking Iron Doors’: The Prison Experiences of Mormon Leaders in Missouri, 1838–1839.” In New Views of Mormon History: A Collection of Essays in Honor of Leonard J. Arrington, edited by Davis Bitton and Maureen Ursenbach Beecher, 19–42. Salt Lake City: University of Utah Press, 1987.

  9. [14]

    In preparation for the church’s appeal to the federal government, Higbee certified dozens of affidavits in his official capacity as a justice of the peace. This may have been the same type of legal care JS and Higbee were urging the high council to take as they continued to build a case against Missouri. Dozens of affidavits regarding lost and damaged property in Missouri were submitted to Congress by JS, Rigdon, and Higbee and by later church delegations sent to the federal government. It is unclear, however, which of these were submitted by the 1839–1840 delegation and which ones were submitted later.

  10. [15]

    The delay in electing a Speaker and a clerk in the House of Representatives was due to contested elections in New Jersey.

© 2024 by Intellectual Reserve, Inc. All rights reserved.Terms of UseUpdated 2021-04-13Privacy NoticeUpdated 2021-04-06