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: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.{{ref|js3}} | :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.{{ref|js3}} | ||
===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. | |||
==Conclusion== | ==Conclusion== | ||
The ''Expositor'' incident lead 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 which Joseph was willing to pay for. | |||
Joseph seems to have believed—or, his followers believed after his death—that the decision, while 'unwise' for Joseph, may have been | |||
==Endnotes== | ==Endnotes== | ||
#{{note|law1}}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. | #{{note|law1}}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. |
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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.
What can you tell me about the Nauvoo Expositor? Did Joseph violate the law by ordering it destroyed?
For an account of events which occurred before those described in this article, see entry:: Nauvoo city charter
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:
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:
William even decided that Joseph Smith’s opposition to Missouri (and the treatment the Saints had received there) was “unChristian"!
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:
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.
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:
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.[17] However, 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.”
One member recorded that Joseph told him that the destruction of the press was necessary for the Saints’ safety:
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:
And later:
The Expositor incident lead 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 which Joseph was willing to pay for.
Joseph seems to have believed—or, his followers believed after his death—that the decision, while 'unwise' for Joseph, may have been
Life and Character |
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Youth |
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Revelations and the Church |
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Prophetic Statements |
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Plural marriage (polygamy) |
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Death |
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.
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.
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]
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]
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]
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]
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)
Notes
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