Letter from Elias Higbee, 21 February 1840

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to control our civil rights in no; particularly that  ecclesiastical power should only be used in the ;  and then no further than fellowship was concerned—  I think they injured their cause to day. There is  another appointment for them on the morrow at 10,  o’clock. Their friend they said, was sick, conseq uently could not attend to day— Mr. Linn said he  thought it would be time enough to take it up in  the Congress when they could not get justice in the  State, and that he was confident, there was a  disposition in the State of to do us justice  should we apply: That the reason of their refusing  to envestigate before, was, the trials of the prisoners  were pending. And further said (when speaking of  the trials before ) that he understood from  Gentlemen that the prisoners commended the  for his clemency and fair dealing towards them; and  acknowledged they were guilty, in part, of the charges  preferred against them. Mr. Linn said he presumed I was  not present when sd. men were tried. I replied in the  negative; that I was not there, neither any body else  that could be a witness in their favor. The Lawyers  advised them to keep away if they desired the salvation  of their lives. I observed that I had read the procee dings of the Legislature but did not now recollect them;  but since yesterday I had have been reflecting on the sub ject and recollect a conversation, I had with Mr.   who was the bearer of the petition  to Jefferson City and he informed me, the reason  why they refused an investigation was on account  of the upper members being so violently opposed  to it, that they used their utmost exertions and finally  succeeded in getting a majority against it; and the  reason of their taking this course was, in consequence  of one of their members being in the Massacre at  Haun’s Mill, Viz. Mr. Ashley & Gilbian [Cornelius Gilliam]— Gilbian  was a leader of the first mob in ,  which the militia were called out to suppress.
Mr. Linn [said] if it must come our out in Congress, it [p. 101]
to control our civil rights in no; particularly that ecclesiastical power should only be used in the ; and then no further than fellowship was concerned— I think they injured their cause to day. There is another appointment for them on the morrow at 10, o’clock. Their friend they said, was sick, consequently could not attend to day— Mr. Linn said he thought it would be time enough to take it up in Congress when they could not get justice in the State, and that he was confident, there was a disposition in the State of to do us justice should we apply: That the reason of their refusing to envestigate before, was, the trials of the prisoners were pending. And further said (when speaking of the trials before ) that he understood from Gentlemen that the prisoners commended the for his clemency and fair dealing towards them; and acknowledged they were guilty, in part, of the charges preferred against them. Mr. Linn said he presumed I was not present when sd. men were tried. I replied in the negative; that I was not there, neither any body else that could be a witness in their favor. The Lawyers advised them to keep away if they desired the salvation of their lives. I observed that I had read the proceedings of the Legislature but did not now recollect them; but since yesterday I have been reflecting on the subject and recollect a conversation, I had with Mr. who was the bearer of the petition to Jefferson City and he informed me, the reason why they refused an investigation was on account of the upper members being so violently opposed to it, that they used their utmost exertions and finally succeeded in getting a majority against it; and the reason of their taking this course was, in consequence of one of their members being in the Massacre at Haun’s Mill, Viz. Mr. Ashley & Gilbian [Cornelius Gilliam]— Gilbian was a leader of the first mob in , which the militia were called out to suppress.
Mr. Linn [said] if it must come out in Congress, it [p. 101]
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