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Petition to Elias Higbee, circa 16 August 1838, Draft [State of Missouri v. JS et al. for Riot]

Source Note

[
George W. Robinson

14 May 1814–10 Feb. 1878. Clerk, postmaster, merchant, clothier, banker. Born at Pawlet, Rutland Co., Vermont. Baptized into Church of Jesus Christ of Latter-day Saints and moved to Kirtland, Geauga Co., Ohio, by 1836. Clerk and recorder for Kirtland high...

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, on behalf of JS], Petition, [
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...

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, Caldwell Co., MO], to
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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,
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
, Caldwell Co., MO, ca. 16 Aug. 1838, draft; handwriting of
George W. Robinson

14 May 1814–10 Feb. 1878. Clerk, postmaster, merchant, clothier, banker. Born at Pawlet, Rutland Co., Vermont. Baptized into Church of Jesus Christ of Latter-day Saints and moved to Kirtland, Geauga Co., Ohio, by 1836. Clerk and recorder for Kirtland high...

View Full Bio
; one page; George W. Robinson, Papers, CHL.

Historical Introduction

See Historical Introduction to Petition to Elias Higbee, ca. 16 Aug. 1838 [State of Missouri v. JS et al. for Riot].
Asterisk (*) denotes a "featured" version, which includes an introduction and annotation. *Appendix: Petition to Elias Higbee, circa 16 August 1838 [ State of Missouri v. JS et al. for Riot ]

Page [1]

To
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
one of the Justises of the County Court, within and for the County of
Caldwell

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.” ...

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state 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 ...

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—
The undersigned your petitioner would respectfully show that whereas of the State aforesaid by virtue of a process directed to <​Mr. Morgain [William Morgan]​> the said sheriff of <​
Daviess County

Area in northwest Missouri settled by European Americans, 1830. Sparsely inhabited until 1838. Created from Ray Co., Dec. 1836, in attempt to resolve conflicts related to Latter-day Saint settlement in that region. County is transected diagonally from northwest...

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​> issued out of the Circuit Court of
Daviess County

Area in northwest Missouri settled by European Americans, 1830. Sparsely inhabited until 1838. Created from Ray Co., Dec. 1836, in attempt to resolve conflicts related to Latter-day Saint settlement in that region. County is transected diagonally from northwest...

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or by the Judge thereof, and by virtue of said writ the said Morgan Sheriff or foresaid is about to remove the said <​whom he now holds in custody​> out of the County of
Caldwell

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.” ...

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where he now is, and was arrested, to
Daviess County

Area in northwest Missouri settled by European Americans, 1830. Sparsely inhabited until 1838. Created from Ray Co., Dec. 1836, in attempt to resolve conflicts related to Latter-day Saint settlement in that region. County is transected diagonally from northwest...

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. Your petitioner verily believes Said process is either not authorized by any provision of Law, or is not allowed by law under the circumstances which caused its issue, and that in attempting to take the said, [blank] out of the County of
Caldwell

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.” ...

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aforesaid would be to exceede the right or jurisdiction of the said Sherriff, therefore your petitioner requests that a writ 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...

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may be immediately issued directed to said Sherriff, to enquire into the cause of such confinement or restraint
State of Missouri) SS [scilicet]
County of
Caldwell

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
)
Before me
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
one of the Justises of the County Court, within and for the
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
aforesaid personally came [blank] who being duly sworn according to law deposeth and saith that the above petition is substantially true to the best of his belief and further this deponant saith not sworn to and subscribed before me in the Town of
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
County of
Caldwell

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
aforesaid this [blank] day of August A. D. 1838 [p. [1]]
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Related Case Documents
Editorial Title
Petition to Elias Higbee, circa 16 August 1838, Draft [State of Missouri v. JS et al. for Riot]
ID #
11855
Total Pages
2
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  • George W. Robinson

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