Affidavit, 20 January 1840

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Affidavit, 20 January 1840
Source Note

JS,
Sidney Rigdon
19 Feb. 1793–14 July 1876. Tanner, farmer, minister. Born at St. Clair, Allegheny Co., Pennsylvania. Son of William Rigdon and Nancy Gallaher. Joined United Baptists, ca. 1818. Preached at Warren, Trumbull Co., Ohio, and vicinity, 1819–1821. Married Phebe...
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, 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 ...
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, Affidavit,
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 ...
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, 20 Jan. 1840; unidentified handwriting; two pages; Records of the U.S. House of Representatives, Record Group 233, National Archives and Records Administration, Washington DC.

One leaf, measuring 9¾ × 7¾ inches (25 × 20 cm), ruled with twenty-six printed horizontal lines on each side.

In March 1840,
Elias Higbee
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collected all of the papers submitted to the Senate Committee on the Judiciary in support of the church’s memorial to Congress and returned them to
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...
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, Illinois. This affidavit was presumably still with that collection of documents when subsequent church delegations resubmitted the documents with additional petitions to the federal government.
1
Letter from Elias Higbee, 24 Mar. 1840.
Congress apparently stored this affidavit with other documents it received in the 1840s relative to the church’s ongoing petitioning efforts. Those records were transferred to the National Archives and Records Administration sometime after its creation in 1934. Since then, the National Archives and Records Administration has had continuous custody of the document.
Footnotes
[1]
Letter from Elias Higbee, 24 Mar. 1840.
Historical Introduction
On 20 January 1840, JS,
Sidney Rigdon
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, and
Elias Higbee
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signed an affidavit certifying that they possessed copies of certificates showing
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...
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members’ ownership of land 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 ...
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. Several months before the church delegation left for
Washington DC
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, church leaders started gathering legal documents and producing bills of damages. These documents were meant to demonstrate the persecution the Saints experienced in Missouri and to quantify the property lost when they were expelled from the state.
1
See Letter to Edward Partridge and the Church, ca. 22 Mar. 1839; and Minutes, 4–5 May 1839.
Once in the capital, JS, Rigdon, and Higbee continued to prepare a memorial to Congress requesting redress and reparations for the Saints’ losses. The men also wrote to
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...
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, Illinois, asking for additional affidavits, letters, and legal documents to support their case.
2
Memorial to the United States Senate and House of Representatives, ca. 30 Oct. 1839–27 Jan. 1840; Letter to Seymour Brunson and Nauvoo High Council, 7 Dec. 1839.
As part of this effort, JS, Rigdon, and Higbee obtained copies of land patents certifying the purchase of property from the federal government. They planned to present the patents to Congress to prove church members still owned land in Missouri, even though the Saints had been driven from their property by the state militia and other Missourians under the approval of the state’s
governor
14 Dec. 1796–14 Mar. 1860. Bookkeeper, bank cashier, merchant, Indian agent and trader, lawyer, doctor, postmaster, politician. Born at Lexington, Fayette Co., Kentucky. Son of John M. Boggs and Martha Oliver. Served in War of 1812. Moved to St. Louis, ca...
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.
3
It is unclear whether the delegation had always intended to include the land duplicates mentioned in this affidavit or if the request for these documents resulted from the advice of the Illinois delegates to Congress. (See Letter to Seymour Brunson and Nauvoo High Council, 7 Dec. 1839.)
The affidavit featured here explains that the patents, which the delegation was willing to submit to Congress if necessary, represented only a sampling of the land church members lost.
4
Beginning in 1836, church leaders purchased large tracts of land in what became Caldwell County, Missouri, and then sold or gave lots to individual church members. For example, John Whitmer, William W. Phelps, and Hyrum Smith purchased 2,960 acres of land in Caldwell County in 1836, and other church members then purchased or received lots of land from them. Some church members, however, purchased their land separately from “the Government, of the settlers, and by pre-emption” rights. (Historical Introduction to Revelation, 4 Sept. 1837; Memorial to the United States Senate and House of Representatives, ca. 30 Oct. 1839–27 Jan. 1840.)
The certificate number of each land patent is listed in the affidavit next to the name of the person who held that patent.

Earlier in January,
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...
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had informed JS,
Rigdon
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, and
Higbee
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that he would send these duplicate patents to them by mail. It is unclear, however, when the patents arrived.
5
Letter from Hyrum Smith, 2 Jan. 1840.
The three men signed the document in
Washington DC
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, but there is no signature of the justice of the peace or judge before whom they confirmed their signatures, as was customary in a formal affidavit. On 17 February 1840, 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...
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of
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...
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presented to 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 ...
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Senate “additional documents in relation to the petition of the ‘Latter Day Saints,’ commonly called Mormons; which were referred to the Committee on the Judiciary.”
6
Journal of the Senate of the United States, 17 Feb. 1840, 179.
Comprehensive Works Cited
Journal of the Senate of the United States of America, Being the First Session of the Twenty-Sixth Congress, Begun and Held at the City of Washington, December 2, 1839, and in the Sixty-Fourth Year of the Independence of the Said United States. Washington DC: Blair and Rives, 1839.
This affidavit presumably was included among those documents because it was later filed by the National Archives with other documents the church’s delegation submitted to the Twenty-Sixth Congress.
Footnotes
[1]
See Letter to Edward Partridge and the Church, ca. 22 Mar. 1839; and Minutes, 4–5 May 1839.
[2]
Memorial to the United States Senate and House of Representatives, ca. 30 Oct. 1839–27 Jan. 1840; Letter to Seymour Brunson and Nauvoo High Council, 7 Dec. 1839.
[3]
It is unclear whether the delegation had always intended to include the land duplicates mentioned in this affidavit or if the request for these documents resulted from the advice of the Illinois delegates to Congress. (See Letter to Seymour Brunson and Nauvoo High Council, 7 Dec. 1839.)
[4]
Beginning in 1836, church leaders purchased large tracts of land in what became Caldwell County, Missouri, and then sold or gave lots to individual church members. For example, John Whitmer, William W. Phelps, and Hyrum Smith purchased 2,960 acres of land in Caldwell County in 1836, and other church members then purchased or received lots of land from them. Some church members, however, purchased their land separately from “the Government, of the settlers, and by pre-emption” rights. (Historical Introduction to Revelation, 4 Sept. 1837; Memorial to the United States Senate and House of Representatives, ca. 30 Oct. 1839–27 Jan. 1840.)
[5]
Letter from Hyrum Smith, 2 Jan. 1840.
[6]
Journal of the Senate of the United States, 17 Feb. 1840, 179.
Journal of the Senate of the United States of America, Being the First Session of the Twenty-Sixth Congress, Begun and Held at the City of Washington, December 2, 1839, and in the Sixty-Fourth Year of the Independence of the Said United States. Washington DC: Blair and Rives, 1839.
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Washington City
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January 20th 1840

We the Undersigned do hereby Certify that we hold at this time Land Duplicates belonging to our brethren purchased of the
U S
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 ...
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in the State of
Missouri
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and forwarded to us by our breth[r]en
1
See Letter from Hyrum Smith, 2 Jan. 1840.
to present as testimony to show that we still are in possession lawfully of the same but compelled by the Extermenating order of Gov
Lilbourn [Lilburn W.] Boggs
14 Dec. 1796–14 Mar. 1860. Bookkeeper, bank cashier, merchant, Indian agent and trader, lawyer, doctor, postmaster, politician. Born at Lexington, Fayette Co., Kentucky. Son of John M. Boggs and Martha Oliver. Served in War of 1812. Moved to St. Louis, ca...
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of
Missouri
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2
Lilburn W. Boggs, Jefferson City, MO, to John B. Clark, Fayette, MO, 27 Oct. 1838, copy, Mormon War Papers, Missouri State Archives, Jefferson City.
Mormon War Papers, 1838–1841. MSA.
to leave the same in the hands of the mob. the following is a true list of the Numbers of the Duplicates now in our possession at this time and which will be presented to Committe if required as testimony
3
The testimonies given before the Senate Committee on the Judiciary concerning the church’s case against Missouri are summarized in a series of letters Higbee wrote to JS in February and March 1840. This affidavit is not specifically mentioned therein. (Letter from Elias Higbee, 20 Feb. 1840–A; Letters from Elias Higbee, 21 and 22 Feb. 1840.)

No 10394
4
The correct certificate number for this land patent is 10594. (Land Patent for Edward Partridge, Caldwell Co., MO, no. 10594, General Land Office Records, BLM.)
General Land Office Records. Bureau of Land Management, U.S. Department of the Interior. Digital images of the land patents cited herein are available at http://www.glorecords.blm.gov/.
Held by
Edward Partridge
27 Aug. 1793–27 May 1840. Hatter. Born at Pittsfield, Berkshire Co., Massachusetts. Son of William Partridge and Jemima Bidwell. Moved to Painesville, Geauga Co., Ohio. Married Lydia Clisbee, 22 Aug. 1819, at Painesville. Initially a Universal Restorationist...
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No 8482
5
The correct certificate number for this land patent is 8682. (Land Patent for George W. Harris, Caldwell Co., MO, no. 8682, General Land Office Records, BLM.)
Held by
George W Harris
1 Apr. 1780–1857. Jeweler. Born at Lanesboro, Berkshire Co., Massachusetts. Son of James Harris and Diana (Margaret) Burton. Married first Elizabeth, ca. 1800. Married second Margaret, who died in 1828. Moved to Batavia, Genesee Co., New York, by 1830. Married...
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No. 10031
6
See Land Patent for Edward Partridge, Caldwell Co., MO, no. 10031, General Land Office Records, BLM.
" " " " " "

No 9779
7
See Land Patent for Squire Bozarth, Caldwell Co., MO, no. 9779, General Land Office Records, BLM.
Held by
Squire Bosworth [Bozarth]
11 Jan. 1792–16 Mar. 1853. Born at Nelson Co., Virginia (later in Kentucky). Son of John Bozarth and Sarah Shaw. Lived at Grayson Co., Kentucky, 1810. Married Mildred (Millie) Hoard Willis at Litchfield, Grayson Co., 11 July 1816. Moved near present-day La...
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No. 11221
8
" " " " " "

No 680
9
This land patent certificate has not been located.
" " " " " " No. 9415
10
" " " " " "

No 9780
11
See Land Patent for Squire Bozarth, Clinton Co., MO, no. 9780, General Land Office Records, BLM.
" " " " " " No. 9157
12
" " " " " "

No 9987
13
" " " " " " No. 8675
14
See Land Patent for Edward Partridge, Ray Co., MO, no. 8675, General Land Office Records, BLM.
" " " " " "

No 8421
15
" " " " " " No 9269
16
See Land Patent for Chandler Holbrook, Caldwell Co., MO, no. 9269, General Land Office Records, BLM.
Held by Chandler Holbrook

No. 9986
17
" " " " " " No. 9156
18
See Land Patent for Charles Hubbard, Caldwell Co., MO, no. 9156, General Land Office Records, BLM.
Held by
Charles W Hubbard
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No. 10606
19
" " " " " " No 10813
20
See Land Patent for Wilson Vanderlip, Caldwell Co., MO, no. 10813, General Land Office Records, BLM.
" " Wilson Vanderlip

No 9782
21
" " " " " " No 8976
22
See Land Patent for Gad Yale, Caldwell Co., MO, no. 8976, General Land Office Records, BLM.
" "
Gad Yale
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No 10.10.6.
23
" " " " " " No. 10161
24
See Land Patent for Samuel Miles, Caldwell Co., MO, no. 10161, General Land Office Records, BLM.
" "
Samuel Miles
8 Apr. 1826–22 May 1910. Teacher, clerk, farmer. Born in Attica, Genesee Co., New York. Son of Samuel Miles and Prudence Marks. Moved to Freedom, Cattaraugus Co., New York, by June 1830. Baptized into Church of Jesus Christ of Latter-day Saints by Solomon...
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No 8420
25
" " " " " " No. 9378
26
The correct certificate number for this land patent is likely either 9373 or 9374. (See Land Patents for John Fausett, Caldwell Co., MO, nos. 9373, 9374, General Land Office Records, BLM.)
" " John Fausett

No. 10723
27
See Land Patent for James Goff, Clinton Co., MO, no. 10723, General Land Office Records, BLM.
Held by
James Goff
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No. 10663
28
See Land Patent for Samuel Rolfe, Caldwell Co., MO, no. 10663, General Land Office Records, BLM.
" "
Samuel Rolfe
26 Aug. 1794–July 1867. Carpenter. Born at Concord, Merrimack Co., New Hampshire. Son of Benjamin Rolfe and Mary (Molly) Swett. Moved to Maine, 1810. Married Elizabeth Hathaway, 4 Mar. 1818. Lived at Rumford, Oxford Co., Maine, when baptized into Church of...
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No. 11834
29
See Land Patent for John Rowley, Caldwell Co., MO, no. 11834, General Land Office Records, BLM.
Held by John Rowley No. 10992
30
" "
samuel Miles
8 Apr. 1826–22 May 1910. Teacher, clerk, farmer. Born in Attica, Genesee Co., New York. Son of Samuel Miles and Prudence Marks. Moved to Freedom, Cattaraugus Co., New York, by June 1830. Baptized into Church of Jesus Christ of Latter-day Saints by Solomon...
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Document Information
Footnotes
[1]
See Letter from Hyrum Smith, 2 Jan. 1840.
[2]
Lilburn W. Boggs, Jefferson City, MO, to John B. Clark, Fayette, MO, 27 Oct. 1838, copy, Mormon War Papers, Missouri State Archives, Jefferson City.
Mormon War Papers, 1838–1841. MSA.
[3]
The testimonies given before the Senate Committee on the Judiciary concerning the church’s case against Missouri are summarized in a series of letters Higbee wrote to JS in February and March 1840. This affidavit is not specifically mentioned therein. (Letter from Elias Higbee, 20 Feb. 1840–A; Letters from Elias Higbee, 21 and 22 Feb. 1840.)
[4]
The correct certificate number for this land patent is 10594. (Land Patent for Edward Partridge, Caldwell Co., MO, no. 10594, General Land Office Records, BLM.)
[5]
The correct certificate number for this land patent is 8682. (Land Patent for George W. Harris, Caldwell Co., MO, no. 8682, General Land Office Records, BLM.)
[6]
[7]
[8]
[9]
This land patent certificate has not been located.
[10]
[11]
[12]
[13]
[14]
See Land Patent for Edward Partridge, Ray Co., MO, no. 8675, General Land Office Records, BLM.
[15]
[16]
See Land Patent for Chandler Holbrook, Caldwell Co., MO, no. 9269, General Land Office Records, BLM.
[17]
[18]
See Land Patent for Charles Hubbard, Caldwell Co., MO, no. 9156, General Land Office Records, BLM.
[19]
[20]
See Land Patent for Wilson Vanderlip, Caldwell Co., MO, no. 10813, General Land Office Records, BLM.
[21]
[22]
See Land Patent for Gad Yale, Caldwell Co., MO, no. 8976, General Land Office Records, BLM.
[23]
[24]
[25]
[26]
The correct certificate number for this land patent is likely either 9373 or 9374. (See Land Patents for John Fausett, Caldwell Co., MO, nos. 9373, 9374, General Land Office Records, BLM.)
[27]
See Land Patent for James Goff, Clinton Co., MO, no. 10723, General Land Office Records, BLM.
[28]
See Land Patent for Samuel Rolfe, Caldwell Co., MO, no. 10663, General Land Office Records, BLM.
[29]
See Land Patent for John Rowley, Caldwell Co., MO, no. 11834, General Land Office Records, BLM.
[30]