Letter from Elias Higbee, 20 February 1840–A

Source Note

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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, Letter,
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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, to JS, [
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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, Hancock Co., IL?], 20 Feb. 1840. Featured version copied [between Apr. and June 1840] in JS Letterbook 2, pp. 97–100; handwriting of
Howard Coray
6 May 1817–16 Jan. 1908. Bookkeeper, clerk, teacher, farmer. Born in Dansville, Steuben Co., New York. Son of Silas Coray and Mary Stephens. Moved to Providence, Luzerne Co., Pennsylvania, ca. 1827; to Williams, Northampton Co., Pennsylvania, by 1830; and...
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; JS Collection, CHL. For more complete source information, see the source note for JS Letterbook 2.
Historical Introduction
While in
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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on 20 February 1840,
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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wrote two letters to JS. This first letter of the day commenced a series of seven extant letters written over the course of several weeks apprising JS of the actions of the Senate Committee on the Judiciary, which was considering the
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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’s memorial to Congress. Higbee was the only member of the church’s delegation to the federal government present in Washington DC at this time and was the sole representative of the church before the committee.
1
JS left the capital for Illinois shortly after the church’s memorial was presented to the Senate on 28 January 1840. Sidney Rigdon was ill in Philadelphia when Higbee wrote this letter and remained there until he left for New Jersey on 5 March 1840. (Historian’s Office, JS History, Draft Notes, 14 Jan. 1840, 2; Letter from Elias Higbee, 9 Mar. 1840.)
On 28 January, 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 the church’s memorial to the Senate. The Senate then tabled the memorial until 12 February, when it was sent to the Senate Judiciary Committee for further consideration.
2
Memorial to the United States Senate and House of Representatives, ca. 30 Oct. 1839–27 Jan. 1840; Journal of the Senate of the United States, 26th Cong., 1st Sess., 28 Jan. and 12 Feb. 1840, 138, 173; Congressional Globe, 26th Cong., 1st Sess., p. 149 (1840).
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.
The Congressional Globe, Containing Sketches of the Debates and Proceedings of the Twenty-Sixth Congress. Vol. 8. Washington DC: Blair and Rives, 1840.
In this letter, Higbee provided a detailed account of his testimony at a special meeting of the committee that he had requested, at which he explained that many of the difficulties 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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occurred because of church members’ religious beliefs. Based on Senate records, on Higbee’s account of the hearing, and on the report the committee created in response to the memorial, it appears that the committee was supposed to first determine whether the case fell under the jurisdiction of Congress before judging the memorial’s merits.
3
Letter from Elias Higbee, 22 Feb. 1840; Historical Introduction to Memorial to the United States Senate and House of Representatives, ca. 30 Oct. 1839–27 Jan. 1840; Report of the United States Senate Committee on the Judiciary, 4 Mar. 1840.

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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presumably sent this letter by post 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...
More Info
, Illinois, where JS would have received it after he returned from
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 ...
More Info
on or before 29 February 1840.
4
John Smith, Journal, 1836–1840, 29 Feb. 1840, [58].
Comprehensive Works Cited
Smith, John (1781-1854). Journal, 1833–1841. John Smith, Papers, 1833-1854. CHL. MS 1326, box 1, fd. 1.
The concluding line of the letter suggests that Higbee expected JS to share the letter’s contents with the Saints in Commerce and
Iowa Territory
Area acquired by U.S. in Louisiana Purchase, 1803. First permanent white settlements established, ca. 1833. Organized as territory, 1838, containing all of present-day Iowa, much of present-day Minnesota, and parts of North and South Dakota. Population in...
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. The original letter is not extant.
Howard Coray
6 May 1817–16 Jan. 1908. Bookkeeper, clerk, teacher, farmer. Born in Dansville, Steuben Co., New York. Son of Silas Coray and Mary Stephens. Moved to Providence, Luzerne Co., Pennsylvania, ca. 1827; to Williams, Northampton Co., Pennsylvania, by 1830; and...
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copied the version featured here into JS Letterbook 2 sometime between April and June 1840.
5
Coray, Autobiographical Sketch, 17, 19.
Comprehensive Works Cited
Coray, Howard. Autobiographical Sketch, after 1883. Howard Coray, Papers, ca. 1840–1941. Photocopy. CHL. MS 2043, fd. 1.

Footnotes
1. 1
  JS left the capital for Illinois shortly after the church’s memorial was presented to the Senate on 28 January 1840. Sidney Rigdon was ill in Philadelphia when Higbee wrote this letter and remained there until he left for New Jersey on 5 March 1840. (Historian’s Office, JS History, Draft Notes, 14 Jan. 1840, 2; Letter from Elias Higbee, 9 Mar. 1840.)
2. 2
  Memorial to the United States Senate and House of Representatives, ca. 30 Oct. 1839–27 Jan. 1840; Journal of the Senate of the United States, 26th Cong., 1st Sess., 28 Jan. and 12 Feb. 1840, 138, 173; Congressional Globe, 26th Cong., 1st Sess., p. 149 (1840).
  
  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.
  The Congressional Globe, Containing Sketches of the Debates and Proceedings of the Twenty-Sixth Congress. Vol. 8. Washington DC: Blair and Rives, 1840.
3. 3
  Letter from Elias Higbee, 22 Feb. 1840; Historical Introduction to Memorial to the United States Senate and House of Representatives, ca. 30 Oct. 1839–27 Jan. 1840; Report of the United States Senate Committee on the Judiciary, 4 Mar. 1840.
4. 4
  John Smith, Journal, 1836–1840, 29 Feb. 1840, [58].
  
  Smith, John (1781-1854). Journal, 1833–1841. John Smith, Papers, 1833-1854. CHL. MS 1326, box 1, fd. 1.
5. 5
  Coray, Autobiographical Sketch, 17, 19.
  
  Coray, Howard. Autobiographical Sketch, after 1883. Howard Coray, Papers, ca. 1840–1941. Photocopy. CHL. MS 2043, fd. 1.

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Feb. 20th., 1840

Dear Brother

I have just returned from the committee room, wherein I spoke about one half <hour> and a half, there were but three of the committee present, for which I am very sorry.

I think they will be obliged to acknowledge the justice of our cause. They paid good— attention; and I think what was said were well recd. It was a special meeting appointed to here me by my request. The Senators and Representatives were invited to attend. & attended, and God gave me courage so that I was not intimidated by them , I thought, felt a little uneasy by times; but manifested a much better Spirit afterwards than . I told them firstly that I represented a suffering people,— who had been deprived together with myself of their rights in : who numbered something like 15 thousand souls;

and not only they but many others were deprived of the rights guarenteed to us by the constitution of the ; at least the amount of one hundred and fifty thousand free born Citizens are deprived the enjoyment of citizenship in each or every State:

that we had no ingress in the state of ; nor could any of us have only at the expense of our lives, and this by the order of the Executive. I then took their own declaration of the cause of our expulsion: refered them to ’s Pamphlet, which [p. 97]

Feb. 20th., 1840

Dear Brother

I have just returned from the committee room, wherein I spoke about one hour and a half, there were but three of the committee present, for which I am very sorry.

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Document Information
Editorial Title
Letter from Elias Higbee, 20 February 1840–A
ID #
515
Total Pages
4
Print Volume Location
JSP, D7:180–185
Handwriting on This Page
- Howard Coray
Footnotes
1. 1
  “The committee room” presumably refers to one of several committee rooms in the United States Capitol.
2. 2
  At this time, the Senate Committee on the Judiciary consisted of five senators: Garret D. Wall of New Jersey, Thomas Clayton of Delaware, Robert Strange of North Carolina, John J. Crittenden of Kentucky, and Oliver H. Smith of Indiana. According to one of Higbee’s later letters, Crittenden and Strange were absent on this date. (Biographical Directory of the United States Congress, 835–836, 894–895, 1937, 1990, 2107; Journal of the Senate of the United States, 26th Cong., 1st Sess., 16 Dec. 1839, 11; Letter from Elias Higbee, 21 Feb. 1840; see also Introduction to Part 3: 27 Jan.–8 Apr. 1840.)
  
  Biographical Directory of the United States Congress, 1774–2005, the Continental Congress, September 5, 1774, to October 21, 1788, and the Congress of the United States, from the First through the One Hundred Eighth Congresses, March 4, 1789, to January 3, 2005, inclusive. Edited by Andrew R. Dodge and Betty K. Koed. Washington DC: U.S. Government Printing Office, 2005.
  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.
3. 3
  In 1840 the Missouri delegation to the United States Congress consisted of two Democratic senators, Thomas Hart Benton and Lewis F. Linn, and two Democratic representatives, John Jameson and John Miller. (Biographical Directory of the United States Congress, 120, 646, 1324, 1452–1453, 1586.)
  
  Biographical Directory of the United States Congress, 1774–2005, the Continental Congress, September 5, 1774, to October 21, 1788, and the Congress of the United States, from the First through the One Hundred Eighth Congresses, March 4, 1789, to January 3, 2005, inclusive. Edited by Andrew R. Dodge and Betty K. Koed. Washington DC: U.S. Government Printing Office, 2005.
4. 4
  “15,000 souls” likely refers to the total number of Saints driven from Missouri but may refer to the estimated total membership of the church at this time. According to contemporary letters and the estimates of historians, between eight and ten thousand Saints were expelled from Missouri. (Elias Smith, Far West, MO, to Ira Smith, East Stockholm, NY, 11 Mar. 1839, Elias Smith, Papers, CHL; Heber C. Kimball, Far West, MO, to Joseph Fielding, Preston, England, 12 Mar. 1839, typescript, Heber C. Kimball Family Organization, Compilation of Heber C. Kimball Correspondence, 1983, CHL; LeSueur, 1838 Mormon War in Missouri, 35–36; Leonard, Nauvoo, 31, 671n33.)
  
  Smith, Elias. Correspondence, 1834–1839. In Elias Smith, Papers, 1834–1846. CHL.
  Kimball, Heber C. Correspondence, 1837–1864. Private possession. Copy at CHL.
  LeSueur, Stephen C. The 1838 Mormon War in Missouri. Columbia: University of Missouri Press, 1987.
  Leonard, Glen M. Nauvoo: A Place of Peace, a People of Promise. Salt Lake City: Deseret Book; Provo, UT: Brigham Young University Press, 2002.
5. 5
  Higbee may have been estimating the number of Americans denied religious liberty at this time, but the source of his estimate is unclear. After the judiciary committee released its report on the church’s case, commentary in the church newspaper the Times and Seasons stated that “upwards of one hundred thousand American citizens, could not induce this magnanimous committee to put forth the helping hand, for a moment, to their relief.” The number of citizens mentioned in this commentary may have been the estimated total of Americans deprived of religious freedom but may also have been an estimate of the number of individuals who had supported the Saints’ petition to Congress. (“Important from Washington,” Times and Seasons, Mar. 1840, 1:74.)
  
  Times and Seasons. Commerce/Nauvoo, IL. Nov. 1839–Feb. 1846.
6. 6
  In October 1838, Governor Lilburn W. Boggs issued orders to the state militia that the Mormons “must be treated as enemies and must be exterminated or driven from the state if necessary for the public peace.” (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.

Letter from Elias Higbee, 20 February 1840–A

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