Letter from Elias Higbee, 26 February 1840

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Letter from Elias Higbee, 26 February 1840
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?], 26 Feb. 1840. Featured version copied [between Apr. and June 1840] in JS Letterbook 2, p. 103; 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
On 26 February 1840,
Elias Higbee
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wrote a letter to JS from
Washington DC
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, the fifth in a series of seven extant letters apprising JS of the actions of the Senate Committee on the Judiciary.
1
See Historical Introduction to Letter from Elias Higbee, 20 Feb. 1840–A.
In this letter, Higbee reported that the chairman of the committee, Senator Garret D. Wall of
New Jersey
Located in northeast region of U.S. First European settlements made by Dutch, Swedes, and English, early 1600s. Admitted to U.S. as state, Dec. 1787. Population in 1830 about 321,000. Population in 1840 about 373,000. First Latter-day Saint missionaries preached...
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, had informed him that the committee believed the proper venue for the Saints to seek redress was the courts and legislature of
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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and not 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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Congress. Higbee also stated that he intended to depart for home as soon as he could make all the necessary arrangements to do so.

Higbee
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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...
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, Illinois. JS likely received the letter sometime after he returned to the area on or before 29 February 1840.
2
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.
A 7 March 1840 letter
Elias Smith
6 Sept. 1804–24 June 1888. Teacher, printer, postmaster, bookkeeper, probate judge, newspaper editor. Born in Royalton, Windsor Co., Vermont. Son of Asahel Smith and Elizabeth Schellenger. Moved to Stockholm, St. Lawrence Co., New York, 1809. Baptized into...
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wrote to Higbee indicated that this 26 February letter had not arrived in Commerce by 7 March.
3
Letter to Elias Higbee, 7 Mar. 1840.
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.
4
Coray, Autobiographical Sketch, 17, 19.
Coray, Howard. Autobiographical Sketch, after 1883. Howard Coray, Papers, ca. 1840–1941. Photocopy. CHL. MS 2043, fd. 1.
Footnotes
[1]
See Historical Introduction to Letter from Elias Higbee, 20 Feb. 1840–A.
[2]
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.
[3]
Letter to Elias Higbee, 7 Mar. 1840.
[4]
Coray, Autobiographical Sketch, 17, 19.
Coray, Howard. Autobiographical Sketch, after 1883. Howard Coray, Papers, ca. 1840–1941. Photocopy. CHL. MS 2043, fd. 1.
Asterisk (*) denotes a "featured" version, which includes an introduction and annotation. *Letter from Elias Higbee, 26 February 1840 Letterbook 2 History, 1838–1856, volume C-1 [2 November 1838–31 July 1842] “History of Joseph Smith”
Page 103
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Washington
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Feb 26th 1840

Dr. Brother

I am just informed by Gen. [Garret D.] Wall, (the chairman of the committee) before whom, or to whom our business is referred, that the decision is against us or in other words unfavorable; that they believe redress can only be had 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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, the Courts & Legislature— He says they will report this week—
1
The Senate did not consider the committee’s report until 23 March 1840. (Journal of the Senate of the United States, 26th Cong., 1st Sess., 23 Mar. 1840, 259–260; Letter from Elias Higbee, 24 Mar. 1840; Historical Introduction to Report of the United States Senate Committee on the Judiciary, 4 Mar. 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.
I desire to get a copy of it, and also the papers—
2
The church’s delegation to Congress had submitted several documents in support of the memorial, including pamphlets and affidavits. (Journal of the Senate of the United States, 26th Cong., 1st Sess., 17 Feb. 1840, 179; Letter from Elias Higbee, 24 Mar. 1840; Report of the United States Senate Committee on the Judiciary, 4 Mar. 1840.)
I feel a conscience void of offence towards God & man
3
See Acts 24:16.
in this matter; that I have discharged my duty here— and as I wish not to be on expence, as soon as I can write to
Prest. [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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;
4
Higbee made several attempts to correspond with Rigdon, who was in Philadelphia. Higbee ultimately heard back from Rigdon by 9 March through a letter from Philadelphia church member Samuel Bennett. (Letter from Elias Higbee, 9 Mar. 1840.)
get my papers; and draw some money
5
Higbee probably intended to draw money from an account of Senator Richard M. Young, who had helped finance the church delegation’s trip to Washington DC. (Letter to Hyrum Smith and Nauvoo High Council, 5 Dec. 1839.)
to bear my expences I shall bid adieu to this
City
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, for, to return to my family and friends— I feell now, as though that we have made our last appeald to all earthly tribunals; that we we should no[w] put our whole trust in the God of Abraham, Isaac, & Jacob— We have a right now which we could not heretofore so fully claim— That is of asking God for redress & redemption; as it they have been refused us by man— Those who have been ordained to do this business—

Elias Higbee
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Jos. Smith Jr. [p. 103]
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Page 103
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Footnotes
[1]
The Senate did not consider the committee’s report until 23 March 1840. (Journal of the Senate of the United States, 26th Cong., 1st Sess., 23 Mar. 1840, 259–260; Letter from Elias Higbee, 24 Mar. 1840; Historical Introduction to Report of the United States Senate Committee on the Judiciary, 4 Mar. 1840.)
[2]
The church’s delegation to Congress had submitted several documents in support of the memorial, including pamphlets and affidavits. (Journal of the Senate of the United States, 26th Cong., 1st Sess., 17 Feb. 1840, 179; Letter from Elias Higbee, 24 Mar. 1840; Report of the United States Senate Committee on the Judiciary, 4 Mar. 1840.)
[3]
See Acts 24:16.
[4]
Higbee made several attempts to correspond with Rigdon, who was in Philadelphia. Higbee ultimately heard back from Rigdon by 9 March through a letter from Philadelphia church member Samuel Bennett. (Letter from Elias Higbee, 9 Mar. 1840.)
[5]
Higbee probably intended to draw money from an account of Senator Richard M. Young, who had helped finance the church delegation’s trip to Washington DC. (Letter to Hyrum Smith and Nauvoo High Council, 5 Dec. 1839.)