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Certificate from Elias Higbee, 9 July 1838

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Certificate from Elias Higbee, 9 July 1838

Source Note

, Certificate, , MO, to JS, , and , 9 July 1838; one page; handwriting of ; JS Collection, CHL. Includes docket.
Blue bifolium measuring 10 × 8 inches (25 × 20 cm). The document was folded for filing and was docketed. The document was presumably placed with JS’s other papers after it was received and has remained in continuous institutional custody.

Historical Introduction

On 9 July 1838, Judge wrote a certificate for JS, , and , affirming that stolen goods had been recovered and verified as belonging to the three men and were thus being returned to them. Higbee was the presiding judge of as well as a member of the in , Missouri. He stated in the certificate that the goods were “stolen or embezelled” from the men; were found in the possession of , who was an in the church; and were seized from him. Neither the certificate nor other extant documents provide details about the circumstances of the theft, the search warrant mentioned in the document, or the seizure of the goods. The language of the certificate closely follows that of the statute for recovering and returning “stolen or embezzled” goods. When an individual could produce “satisfactory proof of the title” to recovered property in the custody of a magistrate, the property would “be delivered to” the rightful owner after the owner paid “the necessary expenses incurred” by the magistrate in preserving the property. The magistrate would also issue a certificate documenting the transaction. Higbee presumably produced the document in Caldwell County, his judicial jurisdiction, and most likely in Far West, the county seat. The certificate was apparently delivered to JS and the others in conjunction with the return of the goods.

Footnotes

  1. [1]

    Minutes, 7 Nov. 1837; Parley P. Pratt, Testimony, Nauvoo, IL, 1 July 1843, p. 2, Nauvoo, IL, Records, CHL.

    Nauvoo, IL. Records, 1841–1845. CHL. MS 16800.

  2. [2]

    Minute Book 2, 31 July–1 Aug. 1834.

  3. [3]

    An Act to Regulate Proceedings in Criminal Cases [21 Mar. 1835], Revised Statutes of the State of Missouri [1835], p. 500, art. 9, secs. 1–4, 6–8.

    The Revised Statutes of the State of Missouri, Revised and Digested by the Eighth General Assembly, During the Years One Thousand Eight Hundred and Thirty-Four, and One Thousand Eight Hundred and Thirty-Five. Together with the Constitutions of Missouri and of the United States. 3rd ed. St. Louis: Chambers and Knapp, 1841.

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This is to certify that I have received satisfactory proof that a certain Lot of goods taken by virtue of a search warrant found in possession of are goods stolen or embezelled <​and​> are goods belonging to Joseph Smith Junr & others & I therefore deliver the said Lot of goods unto Joseph Smith Junr. & others as aforesaid that he & they take full possession of the same
Certified by me this 9th day of July AD 1838
J.C.C.C.C. [p. [1]]
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Source Note

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Document Information

Related Case Documents
Editorial Title
Certificate from Elias Higbee, 9 July 1838
ID #
1881
Total Pages
4
Print Volume Location
JSP, D6:202–203
Handwriting on This Page
  • Elias Higbee

Footnotes

  1. [1]

    According to the statutes regarding stolen goods, a magistrate issued a warrant “upon complaint being made on oath, to any officer authorized to issue process for the apprehension of offenders, that any personal property has been stolen or embezzled, and that the complainant suspects that such property is concealed in any particular house, or place” and if the magistrate was satisfied that there were “reasonable grounds for such suspicion.” The warrant was given to the sheriff or a constable. If the official recovered the stolen goods, he was to return them to the magistrate who issued the warrant. Therefore, JS, Rigdon, or Hyrum Smith apparently made a formal complaint to Higbee and indicated that they suspected the stolen goods were at Hulet’s house. (An Act to Regulate Proceedings in Criminal Cases [21 Mar. 1835], Revised Statutes of the State of Missouri [1835], p. 500, art. 9, secs. 1–4; also 6.)

    The Revised Statutes of the State of Missouri, Revised and Digested by the Eighth General Assembly, During the Years One Thousand Eight Hundred and Thirty-Four, and One Thousand Eight Hundred and Thirty-Five. Together with the Constitutions of Missouri and of the United States. 3rd ed. St. Louis: Chambers and Knapp, 1841.

  2. [2]

    These initials represent Higbee’s position. At the close of an affidavit made in September 1838, Higbee signed his name and identified himself as “one of the justices of the county court within and for Caldwell county.” (Affidavit, 8 Sept. 1838; see also Affidavit, 5 Sept. 1838.)

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