Letter from Elias Higbee, 21 February 1840

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it should be fully investigated, and they the committee, should have power to send for persons and papers— For if we had a right to claim damages of the , so had they, if all were true concerning the acts alledged against the Mormons; that they had a right to ask the Government, to pay the war against the Mormons— But finally seemed to disapprove of the exterminating order. which was admitted to have existed by . or was issued by their Legislature, but that no one ever thought of carrying it into effect. He said that merely advised the mormons to leave the : to which I replied, ’s speech was before them; that I had stated some of its contents yesterday; and if it were necessary, I could prove it by four or five hundred affidavits
Then stated something about the prisoners making their escape— and that he had no doubt, but that they could have a fair trial in , for the Legislature, to his certain knowledge, passed a law whereby they had a right to choose, any county in the State, to be tried in; to which I replied, that I understood such a law was passed; but notwithstanding they could not get their their trials in the County wherein they desired: for they were forced to go to , whereas they desired to have their trials at Palmira; where they could get their Witnesses, as that was only, sixteen miles from the river, and the other, was a great distance— He said certainly would not go contrary to law— I told him there were some affidavits in some affidavits in those documents that would tell him some things very strange concerning then wished to know if the affidavits were from any body else save Mormons: I replied that there were some others; but how many I knew not— He then wanted to know how they were certified— whether any clerks name was attached in the business— I told him they were well authenticated by the Courts of record; with the clerk’s name attached thereto [p. 102]
it should be fully investigated, and they the committee, should have power to send for persons and papers— For if we had a right to claim damages of the , so had they, if all were true concerning the acts alledged against the Mormons; that they had a right to ask the Government, to pay the war against the Mormons— But finally seemed to disapprove of the exterminating order. which was admitted to have existed by . or was issued by their Legislature, but that no one ever thought of carrying it into effect. He said that merely advised the mormons to leave the : to which I replied, ’s speech was before them; that I had stated some of its contents yesterday; and if it were necessary, I could prove it by four or five hundred affidavits
Then stated something about the prisoners making their escape— and that he had no doubt, but that they could have a fair trial in , for the Legislature, to his certain knowledge, passed a law whereby they had a right to choose, any county in the State, to be tried in; to which I replied, that I understood such a law was passed; but notwithstanding they could not get their their trials in the County wherein they desired: for they were forced to go to , whereas they desired to have their trials at Palmira; where they could get their Witnesses, as that was only, sixteen miles from the river, and the other, was a great distance— He said certainly would not go contrary to law— I told him there were some affidavits in those documents that would tell him some things very strange concerning then wished to know if the affidavits were from any body else save Mormons: I replied that there were some others; but how many I knew not— He then wanted to know how they were certified— whether any clerks name was attached in the business— I told him they were well authenticated by the Courts of record; with the clerk’s name attached thereto [p. 102]
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