Letter from Elias Higbee, 21 February 1840

  • Source Note
Page 102
image
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 ag ainst 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 Mr.  Jamison. 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 sta ted some of its contents yesterday; and if it were nec essary, I could prove it by four or five hundred affidavits
Then Mr. Jamison 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 Boon[e], 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  Mr. Linn 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 wan ted 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 Mr. Jamison. 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 Mr. Jamison 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 Boone, 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 — Mr. Linn 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]
Page 102