Joseph Smith and the Nauvoo Expositor

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This page is based on an answer to a question submitted to the FAIR web site, or a frequently asked question.

==

Questions

==

  • What can you tell me about the Nauvoo Expositor? Did Joseph violate the law by ordering it destroyed?
  • Critics claim that Joseph "could not allow the Expositor to publish the secret international negotiations masterminded by Mormonism’s earthly king."

To see citations to the critical sources for these claims, [[../CriticalSources|click here]]

==

Detailed Analysis

==

For an account of events which occurred before those described in this article, see entry:: Nauvoo city charter

William Law

A Canadian, William Law joined the Church in 1836 and moved to Nauvoo in 1839. After having lived near Joseph Smith in Nauvoo, William wrote to a friend:

I have carefully watched his movements since I have been here, and I assure you I have found him honest and honourable in all our transactions which have been very considerable. I believe he is an honest upright man, and as to his follies let who ever is guiltless throw the first stone at him, I shant do it.[1]

Apostasy of John C. Bennett

May 1842
John C. Bennett is tried before a Church court. He confessed to “wicked and licentious conduct toward certain females in Nauvoo,”[2] and of past acts of exploiting of women he had attended as a doctor. He may also have performed abortions.[3] He had also frequented, and perhaps operated, a brothel.[4] (Bennett was not alone in this; with his encouragement Chauncy and Francis Higbee—who would write attacks on Joseph Smith in the Nauvoo Expositor—also participated in immoral acts and were disciplined for it.)

Bennett’s apostasy caused particular problems because he claimed that the doctrines he was using to seduce women in Nauvoo were the same as those taught privately by Joseph Smith with regard to plural marriage. Thus, Joseph and the Church spent a great deal of time denying Bennett’s charges, while trying to keep plural marriage from becoming common knowledge for fear of the Church’s enemies.

Bennett left the Church and Nauvoo, and spoke widely about the “evils” of the Church and its leaders to non-member audiences. He also wrote a book and made a good deal of money telling stories against the Mormons; he was later to be associated with Sidney Rigdon’s splinter group and the “Strangite” break-off group, but he soon left them as well.

Orson F. Whitney said this about Bennett:

In May, 1842, the treachery and rascality of a man whom the Mormon leader had befriended and loaded with honors, became known to his benefactor. That man was Dr. John C. Bennett, Mayor of Nauvoo, Chancellor of its University, and Major-General of its legion. He had become associated with the Saints soon after their exodus from Missouri. Though a great egotist, he was a man of education, address and ability. That he had little or no principle was not immediately apparent. Considerable of a diplomat and possessing some influence in political circles, he rendered valuable aid in securing the passage by the Illinois Legislature of the act incorporating the city of Nauvoo. Hence the honors bestowed upon him by the Mormon people. Prior to that, and subsequently, he was Quartermaster-General of Illinois. Bennett professed great sympathy for the Saints. He joined the Church and apparently was a sincere convert to the faith.
Governor Thomas Ford, in his history of Illinois, styles Bennett "probably the greatest scamp in the western country." But this was not until long after the Mormons, thrice victimized, had become aware of his villainy.[5]

Assassination Attempt on Lilburn Boggs

6 May 1842
an unknown assailant shoots former Missouri governor Boggs through his window, severely wounding him. Later, John C. Bennett encourages Boggs to press charges against the Mormons for their alleged role in the attack.
8 August 1842
a warrant is issued for Joseph Smith’s extradition to Missouri to face charges in the attempted murder of Boggs; the claim is that Joseph Smith was an “accessory before the fact,” and encouraged Orin Porter Rockwell in the deed. Joseph easily proved he had been in Illinois on the day of the shooting (hundreds of miles from Missouri) and obtains a writ of habeas corpus.
December 1842
the state Supreme Court of Illinois finds that the writ voiding the governor’s warrant was illegal. However, Joseph went before a federal judge to again challenge the warrant, and this court found that the warrant “lacked foundation” since it went beyond the statements which Boggs had made in his affidavit. The state Legislative Assembly considers repeal of the Nauvoo charter, but does nothing.
February 1843
Joseph Smith announces he will run for President of the United States.
June 1843
Missouri again attempted to extradite Joseph for trial. Joseph proceeded to Nauvoo, was welcomed by cheering crowds, and was again granted a writ of habeas corpus by the Nauvoo municipal court, voiding the warrant. The city council then made it illegal to arrest Joseph within Nauvoo, and gave the mayor (Joseph Smith, since the excommunicatin of Bennett) power to approve any outside warrants. This only increased the non-Mormons’ sense that Joseph was combining religious and civil power in an effort to put himself “beyond the law.”
12 July 1843
Joseph dictates the first written record of the revelations on plural marriage: DC 132.

William Law's apostasy

8 January 1844
William Law released as Second Counselor in the First Presidency; Joseph Smith noted that William “was injuring him by telling evil of him…” William considered his release to be “illegal,” since he had been called “by revelation,” but wrote “I cannot fellowship the abominations which I verily know are practiced by this man [Joseph], consequently I am glad to be free from him."[6] One of William’s key concerns seems to have revolved around plural marriage. His non-member son, Richard, later recounted:
About the year 1842, he was present at an interview between his father and the Prophet Joseph. The topic under discussion was the doctrine of plural marriage. William Law, with his arms around the neck of the Prophet, was pleading with him to withdraw the doctrine of plural marriage, which he had at that time commenced to teach to some of the brethren, Mr. Law predicting that if Joseph would abandon the doctrine, 'Mormonism' would, in fifty or one hundred years, dominate the Christian world. Mr. Law pleaded for this with Joseph with tears streaming from his eyes. The Prophet was also in tears, but he informed the gentleman that he could not withdraw the doctrine, for God had commanded him to teach it, and condemnation would come upon him if he was not obedient to the commandment.
During the discussion, Joseph was deeply affected. Mr. Richard S. Law says the interview was a most touching one, and was riveted upon his mind in a manner that has kept it fresh and distinct in his memory, as if it had occurred but yesterday.
Mr. Law also says, that he has no doubt that Joseph believed he had received the doctrine of plural marriage from the Lord. The Prophet's manner being exceedingly earnest, so much so, that Mr. Law was convinced that the Prophet was perfectly sincere in his declaration.[7]
18 April 1844
William Law excommunicated. Austin Cowles of the Nauvoo high council, James Blakeslee, Charles G. Foster, and Francis M. Higbee joined him in leaving the Church, and he was supported in his opposition to Joseph by his brother Wilson.[8] They announced the formation of a ‘reform’ Church based upon Joseph’s teachings up to 1838, with William as president.

William even decided that Joseph Smith’s opposition to Missouri (and the treatment the Saints had received there) was “unChristian"!

The hostile spirit and conduct manifested by Joseph Smith, and many of his associates towards Missouri . . . are decidedly at variance with the true spirit of Christianity, and should not be encouraged by any people, much less by those professing to be the ministers of the gospel of peace.[9]

William had economic quarrels with Joseph, and was probably too fond of his own financial state, rather than helping the poor of the Church. William and his brother Wilson had bought the higher land on the outskirts of Nauvoo; the Church (through Joseph) owned the land in the river bottom. Joseph declared that new arrivals should purchase lands from the Church (this was in part an effort to help liquidate the Church’s debts), but William objected to this plan as prejudicial to his own financial interests.[10]

William was probably also troubled by the death of his wife and daughter even after Church leaders had prayed for them. Hyrum presented Law and his wife with the revelation on plural marriage. Long after the fact, William reported his reaction:

Hyrum gave it [the revelation] to me in his office, told me to take it home and read it, and then be careful with it, and bring it back again…[My wife Jane] and I were just turned upside down by it…We did not know what to do.[11]

It is not clear whether Jane and William Law were ever sealed. Alexander Neibaur and Hyrum Smith both reported that Joseph told William he could not seal him to Jane because the Lord forbade it; Neibaur indicated that this was because William was “a Adulterous person.”[12] There is no other hard evidence of this, though it would certainly not be the first time that someone’s moral failings led them to attack their Church leaders and apostatize.

In the clash that followed, William began “casting the first stone,” at Joseph’s supposed failings, and the man which he had once admired as honourable and without cause for complaint became, in his newspaper, a “demon,” a power-mad tyrant, a seducer, and someone who contributed to the early death of young women.

Publication of the Expositor

Prior to the publication of the Expositor, Hyrum Smith, Almon W. Babbitt, and Sidney Rigdon attempted to reconcile William Law to the Church. He announced he would reconcile only under conditions:

I told him [Sidney] that if they wanted peace they could have it on the following conditions, That Joseph Smith would acknowledge publicly that he had taught and practised the doctrine of plurality of wives, that he brought a revelation supporting the doctrine, and that he should own the whole system (revelation and all) to be from Hell.[13]
7 June 1844
the first (and only) edition of the Nauvoo Expositor was published. It detailed Joseph’s practice of plural marriage, and charged him with various crimes, labeling him a “blood thirsty and murderous…demon…in human shape” and “a syncophant, whose attempt for power find no parallel in history… one of the blackest and basest scoundrels that has appeared upon the stage of human existence since the days of Nero, and Caligula.”[14]

Destruction of Expositor

8 June 1844
Nauvoo city council meets regarding the Expositor.
10 June 1844
The city council declares the Expositor a public nuisance and threat to the peace. This was not mere exaggeration; there were sixteen episodes of mob violence against controversial newspapers in Illinois from 1832 to 1867, and so the leaders’ fears of civil unrest were likely well-founded. The city council therefore ordered the press and the paper destroyed.[15] This was done. The decision to suppress the Expositor, while legal for the day, worsened a tense situation (in the years following the Expositor suppression, similar tactics would be used in 1862, 1893, 1918, and 1927).[16]
Historically, presses which violated community ideas of what was proper were a genuine risk to the public peace. Elijah Lovejoy, an anti-slavery editor of The Saint Louis Observer was killed by a pro-slavery mob in 1837.[17] Joseph and the city council might well have had memories of what happened in Missouri when some members of the Church became frustrated with the lack of legal redress for their mistreatment by Missouri citizens.
Missouri probably also set the stage for the legal decision to suppress the press. In 1833, the Evening and Morning Star, the LDS paper in Independence, was subject to being "razed to the ground" at the unaninimous decision of the mob committee established to drive out the Mormons.[18] The mob's ultimatum later stipulated that the Mormons were not to publish anything before leaving.[19]
The law of the day probably gave Joseph and the council the right to destroy the offending issue; however, since they had also ordered the press and type destroyed, they violated property laws. Joseph later said he would be happy to pay for the damages.[20] Critics are inconsistent when they complain about the Nauvoo city council's decision to suppress the Expositor (an action that was legal) and yet do not also acknowledge that Mormon presses had been destroyed by mobs acting with no legal authority whatever.
Despite the fact that the Expositor's suppression was legal, the destruction of the press appeared high-handed to Church critics, and other newspapers began to call for the Mormons’ expulsion or destruction. Joseph and others were arrested on charges of “riot.”

Safety for the Saints?

One member recorded that Joseph told him that the destruction of the press was necessary for the Saints’ safety:

Brother Joseph called a meeting at his own house and told us that God showed to him in an open vision in daylight [meaning that this was not something he had just conjured up in dreams of the night] that if he did not destroy that printing press that it would cause the blood of the Saints to flow in the streets and by this was that evil destroyed.[21]

Given Joseph’s numerous presentiments of his own death, it may well be that he knowingly chose this course of action to spare the members’ lives at the cost of his own. Said Joseph to Elizabeth Rollins:

I must seal my testimony with my blood. [22]

And later:

Some has supposed that Br Joseph Could not die but this is a mistake it is true their has been times when I have had the promise of my life to accomplish such & such things, but having accomplish those things I have not at present any lease of my life I am as liable to die as other men.[23]

Attempts to arrest Joseph

13 June 1844
The Nauvoo municipal court released Joseph on a writ of habeas corpus, finding that the charge of “riot” was unsubstantiated since the destruction of the press had been orderly.
14 June 1844
Thus cleared, Joseph Smith (as mayor) took his seat as judge over the municipal court, and cleared all others charged the day following his own release. This recurrent mix of religious, executive, and judicial power again infuriated the anti-Mormons.
17 June 1844
Joseph and others consented to be brought before another court, headed by a (then non-Mormon) justice of the peace, Daniel H. Wells. Wells again discharged them, but did not have the authority to acquit them.
18 June 1844
Joseph Smith declares martial law in Nauvoo and calls out the militia to protect the city from anti-Mormon mobs.

Prelude to the Martyrdom

22 June 1844
Governor Ford writes to tell Joseph that he must face charges before the same judge that issued the writ for his arrest, because only this will appease the public. This requires Joseph to appear in a very hostile community, where feelings against the Mormons run high.
23 June 1844
Joseph and Hyrum leave Nauvoo to seek refuge over the Mississippi. Some members appeal to Joseph to return, believing (contrary to Joseph’s promise) that the members of the Church would be despoiled and driven out if he did not. Joseph agrees to return, stating, “If my life is of no value to my friends it is of none to myself.”
25 June 1844
the state governor (Thomas Ford) believed that only a state trial would calm the furor over the Expositor. Joseph and fifteen others therefore received guarantees of safety and presented themselves in Carthage. They were freed on bail pending the October arrival of the circuit court. However, Joseph and Hyrum were jailed by a writ issued by Robert F. Smith, a Methodist minister, justice of the peace, and captain of the Carthage Greys militia. Joseph and Hyrum were accompanied to the jail by John Taylor, Willard Richards, Dan Jones, Stephen Markham, and John S. Fullmer. The latter three left to run errands, and were not readmitted, leaving only Joseph, Hyrum, John Taylor, and Willard Richards.
26 June 1844
Governor Ford meets with the prisoners. He then disbands all the militia companies, except the hostile Carthage Greys.
27 June 1844
Ford leaves for Nauvoo, leaving two companies of Carthage Greys to guard the jail, while Ford takes a third to Nauvoo. He did not keep his promise that the prisoners could go with him to Nauvoo. After Ford’s departure, the discharged Warsaw militia company attacked the jail. The Carthage Greys gave only token resistance; they had loaded their weapons with gunpowder but no bullets. The Warsaw company stormed the jail, and murdered Joseph and Hyrum. John Taylor was severely injured; Willard Richards was unharmed.
==

Answer

==

The Expositor incident led directly to the murder of Joseph and Hyrum, but it was preceeded by a long period of non-Mormon distrust of Joseph Smith, and attempts to extradite him on questionable basis.

The destruction of the Expositor issue was legal; it was not legal to have destroyed the type, but this was a civil matter, not a criminal one, and one for which Joseph was willing to pay a fine if imposed.

Joseph seems to have believed—or, his followers believed after his death—that the decision, while 'unwise' for Joseph, may have been in the Saints' interest to have Joseph killed. For a time, this diffused much of the tension and may have prevented an outbreak of generalized violence against the Saints, as occurred in Missouri.

== Notes ==

  1. [note] William Law to Isaac Russell, 29 November 1840, Archives Division, Church Historical Department, Salt Lake City, Utah, as cited in Lyndon W. Cook, William Law (Orem, Utah: Grandin Book Co., 1994), 11; cited by Susan Easton Black, Who’s Who in the Doctrine and Covenants (Salt Lake: Deseret Book, 1997), 173.
  2. [note] Joseph Smith, History of The Church of Jesus Christ of Latter-day Saints, 7 volumes, edited by Brigham H. Roberts, (Salt Lake City: Deseret Book, 1957), 5:18–19. Volume 5 link
  3. [note] Susan Easton Black, Who’s Who in the Doctrine and Covenants (Salt Lake: Deseret Book, 1997), 14; see also Zeruiah N. Goddard, affidavit, August 28, 1842 in Affidavits and Certificates, Disproving the Statements and Affidavits Contained in John C. Bennett's Letters (Nauvoo, no publisher, 31 August 1842); cited by Danel W. Bachman, “A Study of the Mormon Practice of Polygamy Before the Death of Joseph Smith,” (1975) (unpublished M.A. thesis, Purdue University), 225.
  4. [note] Bachman, “Polygamy Before the Death of Joseph Smith,” 225; citing L.D. Wasson to Joseph Smith, 29 July 1842 in Times and Seasons 5:891-892.
  5. [note] Orson F. Whitney, History of Utah, 4 volumes, (Salt Lake City: George Q. Cannon and Sons Co., 1892-1904), 1:193–194; cited in Roy W. Doxy, Latter-day Prophets and the Doctrine and Covenants, Volume 4, (Salt Lake City: Deseret Book, 1978), 255–257.
  6. [note]  William Law, "Record of Doings at Nauvoo in 1844" (William Law's Nauvoo diary), as cited in Lyndon W. Cook, William Law (Orem, Utah: Grandin Book Co., 1994), 46; cited by Susan Easton Black, Who’s Who in the Doctrine and Covenants (Salt Lake: Deseret Book, 1997), 176.
  7. [note]  Joseph W. McMurrin, "An Interesting Testimony / Mr. Law’s Testimony," Improvement Era (May 1903), 507–510.
  8. [note]  Wilson may or may not have been a member. He was not a member when he came to Nauvoo, but is later mentioned as having been “excommunicated.” We have no record of his baptism.
  9. [note]  Nauvoo Expositor, “Resolution 4”, (7 June 1844): 2; cited in Lyndon W. Cook, "William Law, Nauvoo Dissenter," Brigham Young University Studies 22 no. 1 (Fall 1982), 47–72.off-site
  10. [note]  Cook, "Nauvoo Dissenter."
  11. [note]  Dr. W. Wyl interview with William Law in Shullsburg, Wisconsin, 30 March 1887, published in The Salt Lake Daily Tribune, 31 July 1887, 6; cited by Cook, "Nauvoo Dissenter"
  12. [note]  See Cook, "Nauvoo Dissenter."
  13. [note]  William Law, "Record of Doings at Nauvoo in 1844," 13 May 1844; cited by Cook, "Nauvoo Dissenter"
  14. [note]  Francis M. Higbee, “Citizens of Hancock County,” Nauvoo Expositor (7 June 1844).
  15. [note]  Dallin H. Oaks, “The Suppression of the Nauvoo Expositor,” Utah Law Review 9 (1965):874.  (Key source)
  16. [note]  Oaks, 897–898.
  17. [note]  "Today in History, November 7," United States Library of Congress. off-site
  18. [note]  Joseph Fielding Smith, Essentials in Church History (Salt Lake City, Deseret Book Company, 1950), 134. See also Joseph Smith, History of The Church of Jesus Christ of Latter-day Saints, 7 volumes, edited by Brigham H. Roberts, (Salt Lake City: Deseret Book, 1957), 1:390–395. Volume 1 link; Anonymous, "A History, of the Persectuion, of the Church of Jesus Christ, of Latter Day Saints in Missouri," Times and Seasons 1 no. 2 (December 1839), 18. off-site GospeLink
  19. [note]  Joseph Smith, History of The Church of Jesus Christ of Latter-day Saints, 7 volumes, edited by Brigham H. Roberts, (Salt Lake City: Deseret Book, 1957), {{{vol}}}:338–339.
  20. [note]  James B. Allen and Glen M. Leonard, Story of the Latter-day Saints, 2nd edition revised and enlarged, (Salt Lake City: Deseret Book Company, 1992[1976]), 208. ISBN 087579565X. GospeLink
  21. [note]  Truman G. Madsen, Joseph Smith the Prophet (Salt Lake City: Bookcraft, 1989), 114; citing Diary of George Laub, BYU Special Collections, 18.
  22. [note] Journal of Mary Elizabeth Rollins Lightner, BYU Special Collections, 7; cited by Truman G. Madsen, Joseph Smith the Prophet (Salt Lake City: Bookcraft, 1989), 103.
  23. [note] Joseph Smith, Discourse of 9 April 1842, Wilford Woodruff Diary; cited in Andrew F. Ehat and Lyndon W. Cook, The Words of Joseph Smith: The Contemporary Accounts of the Nauvoo Discourses of Joseph Smith, 2nd Edition, (Salt Lake City: Deseret Book, 1996), 112.

Further reading

FairMormon Answers articles
Articles about Joseph Smith
Life and Character
Youth
Revelations and the Church
Prophetic Statements
Society
Plural marriage (polygamy)
Death


Joseph I. Bentley, "Legal Trials of the Prophet: Joseph Smith's Life in Court"

Joseph I. Bentley,  Proceedings of the 2006 FAIR Conference, (August 2006)
From my years of research and work on the Joseph Smith Papers Project, I have gained a deeper appreciation of Joseph’s achievements, despite intense and unrelenting adversity. Among his other tribulations was the fact that his ministry was shadowed by many persistent legal prosecutions. Anyone who has been through even one lawsuit knows how all-consuming it can be. It can demand your time, assets, body and mind.


So far we’ve found over two hundred total suits involving Joseph Smith–whether as a defendant, plaintiff, witness or judge. (Yes, as Mayor of Nauvoo, he was also a Justice of the Peace and Chief Magistrate of the Nauvoo Municipal Court.) That makes an average of about fourteen cases per year. As best we can tell, he endured an average of one lawsuit per month during most of his ministry!

Brigham Young said that he had to defend himself in forty-eight criminal cases, including many personally involving Brigham–but that Joseph was never convicted in any of them. We believe that this count of criminal cases against him is quite accurate. We’ll focus mainly on some criminal charges that took his liberty, his assets and ultimately his life. Knowing that not once was he found legally guilty of any charges against him has strengthened my own faith and regard for Joseph Smith–the man and the Prophet. This is a unique way to tell the history of the Church through lawsuits and court records.

From the time of his First Vision, Joseph said he got used to “swimming in deep water.” This was also true of his experience with the law. The Lord told him at the start of his ministry: “Be patient in thine afflictions for thou shalt have many. But endure them, for lo I am with thee, even unto the end of thy days.”1 Also: “Be firm in keeping the commandments … and if you do this, behold I grant unto you eternal life, even if you should be slain.“2 Finally: “And even if they do unto you as they have done unto me, blessed are ye, for ye shall dwell with me in glory.”3 These verses connected him to the Lord himself. But how is that for a mission call?

The legal charges and trials of Joseph began almost before his ministry began, and they continued for many years after it ended.

Click here to view the complete article

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How many times was Joseph Smith involved with legal issues?

"Joseph Smith was persecuted in courts of law as much as anyone I know. But he was never found guilty of any crime, and his name cannot be tarnished in that way"

It seems that Joseph Smith was constantly involved with legal issues during his life. How many times was Joseph involved in such matters and what were their nature?

Concluded one author:

Joseph Smith was persecuted in courts of law as much as anyone I know. But he was never found guilty of any crime, and his name cannot be tarnished in that way.[1]

Entire books have been written on the legal history of the Church in its early days.

Introduction

Wrote a leading scholar of Joseph's legal history:

Joseph Smith believed that his enemies perverted legal processes, using them as tools of religious persecution against him, as they had been used against many of Christ's apostles and other past martyrs. Although he often gained quick acquittals, numerous "vexatious and wicked" lawsuits consumed his time and assets, leading to several incarcerations and ultimately to his martyrdom. Beginning soon after his ministry began and continuing throughout his life, Joseph Smith was subjected to approximately thirty criminal actions and at least that many civil suits related to debt collection or failed financial ventures.[2]

Ohio

After the Church moved to Kirtland, Ohio, in 1831, several religious-based charges were prosecuted against Smith and other LDS leaders, but were dismissed on the grounds listed following each charge: assault and battery (self-defense), performing marriages without a valid license (one was procured), attempted murder or conspiracy (lack of evidence), and involuntary servitude without compensation during the Zion's Camp military crusade to Missouri (won on appeal). In turn, Church leaders successfully instituted charges and recovered damages for assaults occurring while they were acting in a religious capacity. However, the financial Panic of 1837 swamped the Prophet and others with civil debt-collection litigation. Worse still were suits for violating Ohio banking laws when the Kirtland Safety Society Anti-Banking Company (see Kirtland Economy) failed soon after it was organized in 1836 without a state charter. Charges of fraud and self-enrichment were raised but not proven; a jury conviction was appealed, but Joseph Smith left Ohio for Missouri before it was heard.[2]

Missouri

In Missouri, most actions against the Latter-day Saints were extralegal, brought by non-Mormon vigilantes prejudiced against the Saints' opposition to slavery, their collective influx, and Smith's religious teachings concerning modern revelation and the territorial establishment of Zion in Jackson County. Civil magistrates routinely refused to issue peace warrants for Mormons or to redress their personal injuries or property damage. For example, despite being beaten and tarred and feathered and having the printing office destroyed, the LDS printer was awarded less than his legal fees and the Presiding Bishop received "one penny and a peppercorn." All three branches of state government seemed paralyzed or supportive of mob action, as the Saints were repeatedly dispossessed and expelled from county to county.[2]

Illinois

In 1838-1839 the Saints settled in Nauvoo, Illinois, after their wrongful expulsion from Missouri. To avoid the "legal" persecutions suffered in earlier states, they obtained a liberal Nauvoo city charter for Nauvoo, which granted broad habeas corpus powers to local courts. These helped to free Joseph Smith and other Latter-day Saints when they were sought on writs by arresting officers from outside of Nauvoo. In 1841 state judge Stephen A. Douglas set aside a Missouri writ to extradite Joseph for charges still pending there, and in 1843 a federal judge did the same for a similar requisition after the alleged shooting of then ex-governor Boggs. However, the increasing use of the writ of habeas corpus by Nauvoo magistrates, preempting even state and federal authority, escalated distrust among non-Mormons who felt that Joseph Smith considered himself above the law.[2]

Does Doctrine and Covenants 98:4-11 instruct Latter-day Saints to disobey secular law?

The revelation is telling the Saints to support honest and wise men as leaders, not to disobey the law

The quote is from D. Michael Quinn, and is his interpretation. The revelation is not telling the Saints to "disobey secular law and civil leaders"—it is telling them to "befriend" the law of the land, and seek to support "honest men and wise men" as leaders.

4 And now, verily I say unto you concerning the laws of the land, it is my will that my people should observe to do all things whatsoever I command them.
5 And that law of the land which is constitutional, supporting that principle of freedom in maintaining rights and privileges, belongs to all mankind, and is justifiable before me.
6 Therefore, I, the Lord, justify you, and your brethren of my church, in befriending that law which is the constitutional law of the land;
7 And as pertaining to law of man, whatsoever is more or less than this, cometh of evil.
8 I, the Lord God, make you free, therefore ye are free indeed; and the law also maketh you free.
9 Nevertheless, when the wicked rule the people mourn.
10 Wherefore, honest men and wise men should be sought for diligently, and good men and wise men ye should observe to uphold; otherwise whatsoever is less than these cometh of evil.
11 And I give unto you a commandment, that ye shall forsake all evil and cleave unto all good, that ye shall live by every word which proceedeth forth out of the mouth of God. (D&C 98꞉4-11)

Joseph Smith's 1826 trial

Summary: Tried and acquitted on fanciful charge of being a “disorderly person,” South Bainbridge, Chenango County, New York. New York law defined a disorderly person as, among other things, a vagrant or a seeker of “lost goods.” The Prophet had been accused of both: the first charge was false and was made simply to cause trouble; Joseph’s use of a seer stone to see things that others could not see with the naked eye brought the second charge. Those who brought the charges were apparently concerned that Joseph might bilk his employer, Josiah Stowell, out of some money. Mr. Stowell’s testimony clearly said this was not so and that he trusted Joseph Smith.

Claimed mismanagement of the Lawrence estate

Summary: Joseph Smith was appointed the guardian of two daughters, Maria and Sarah Lawrence, and their inheritance. He later married them in plural marriage. The evidence shows that Joseph Smith faithfully discharged his legal duties, despite the claims made by some nineteeth-century and modern critics.



Notes

  1. ↑ Joseph I. Bentley, "Legal Trials of the Prophet: Joseph Smith's Life in Court," (2006 FAIR Conference presentation). (Key source)
  2. ↑ 2.0 2.1 2.2 2.3 Joseph I. Bentley, "Smith, Joseph: Legal Trials of Joseph Smith," in Encyclopedia of Mormonism, 4 vols., edited by Daniel H. Ludlow, (New York, Macmillan Publishing, 1992), 3:1346–1347.

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