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{{Resource Title|What is The Kirtland Safety Society and why did it fail?}} | {{Resource Title|What is The Kirtland Safety Society and why did it fail?}} | ||
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== == | {{:Question: What was the Kirtland Safety Society "anti-bank"?}} | ||
===In the early days of the Church, the finances of Joseph Smith and the institutional Church were enmeshed=== | |||
This was not unusual, as the idea of religious groups functioning as corporations and holding property was frowned on in Jacksonian America. | |||
In 1836, the Church was centered at Kirtland, and was undergoing substantial growth. The Saints were constructing the Kirtland temple, at considerable cost, as well as financing property and business acquisitions, the immigration of poor members to Ohio, and missionary work. | |||
To finance this explosive growth, loans were sought. Joseph Smith and the Church had extensive loans; some loans were for Joseph, some for Kirtland, and some for the Church. In some instances, Joseph was the only borrower, in other cases he was one among many who were liable for a given debt. | |||
Banks do not loan money to those they consider poor risks, and so to his contemporaries, Joseph clearly appeared to have the ability to meet his obligations. The amount of the loans seems to have been less than the total value of the lands, businesses, and goods which Joseph and the Church owned. However, these assets were difficult to liquefy—the loans were often short-term (from a few weeks to around 180 days) and so cash flow problems beset Joseph continually.<ref>See {{BYUS|author=Marvin S. Hill, Keith C. Rooker and Larry T. Wimmer|article=[http://byustudies.byu.edu/Products/MoreInfoPage/MoreInfo.aspx?Type=7&ProdID=1457 The Kirtland Economy Revisited: A Market Critique of Sectarian Economics]|vol=17|num=4|date=Summer 1977|start=389|end=471}}</ref> | |||
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;wildcat bank: a bank established as a money-making scam. "A wildcat bank was one in which the managers of the bank made a deliberate effort to evade paying off notes by making the place of redemption inaccessible to those trying to trade notes for specie".<ref>Partridge, 451</ref> Thus, the bank kept the specie, and the note holder was left with worthless paper which no one would honor, since it could not be redeemed (the bank being located "where the wildcats are"). Such banks usually collapsed quite quickly when it became clear that their notes were not easily redeemed. | ;wildcat bank: a bank established as a money-making scam. "A wildcat bank was one in which the managers of the bank made a deliberate effort to evade paying off notes by making the place of redemption inaccessible to those trying to trade notes for specie".<ref>Partridge, 451</ref> Thus, the bank kept the specie, and the note holder was left with worthless paper which no one would honor, since it could not be redeemed (the bank being located "where the wildcats are"). Such banks usually collapsed quite quickly when it became clear that their notes were not easily redeemed. | ||
==What were banks like at the time?== | ==What were banks like at the time?== | ||
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:Most economic historians do not believe that banks at that time were usually operated by unprincipled men for selfish ends. More typically, it is the consensus that the instability of bank credit was inherent in the structure of the banking system and involved factors beyond the control of individual banks. The main flaw in state banking in the 1830s was that it was predominantly a rural institution and had little liquidity or shift-ability. In the large cities of the East, loans could be liquidated—that is, turned into cash quickly—by simply calling for payment, but this could not be done in the outlying areas...Thus the reckless and inexperienced management of many state banks was combined with a scarcity of productive commercial loans to create a state banking system with grave weaknesses. As a consequence, most state banks fulfilled their functions at the expense of constant bank failures, violent business fluctuations, and enormous losses to noteholders and depositors.<ref> {{BYUS|author=Scott H. Partridge|article=[http://byustudies.byu.edu/Products/MoreInfoPage/MoreInfo.aspx?Type=7&ProdID=655 The Failure of the Kirtland Safety Society]|vol=12|num=4|date=Summer 1972|start=446|end=447}}</ref> | :Most economic historians do not believe that banks at that time were usually operated by unprincipled men for selfish ends. More typically, it is the consensus that the instability of bank credit was inherent in the structure of the banking system and involved factors beyond the control of individual banks. The main flaw in state banking in the 1830s was that it was predominantly a rural institution and had little liquidity or shift-ability. In the large cities of the East, loans could be liquidated—that is, turned into cash quickly—by simply calling for payment, but this could not be done in the outlying areas...Thus the reckless and inexperienced management of many state banks was combined with a scarcity of productive commercial loans to create a state banking system with grave weaknesses. As a consequence, most state banks fulfilled their functions at the expense of constant bank failures, violent business fluctuations, and enormous losses to noteholders and depositors.<ref> {{BYUS|author=Scott H. Partridge|article=[http://byustudies.byu.edu/Products/MoreInfoPage/MoreInfo.aspx?Type=7&ProdID=655 The Failure of the Kirtland Safety Society]|vol=12|num=4|date=Summer 1972|start=446|end=447}}</ref> | ||
==Criticisms== | ==Criticisms== | ||
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|link=http://www.fairmormon.org/perspectives/fair-conferences/2009-fair-conference/2009-the-kirtland-safety-society | |||
|author=R. McKay White | |||
|authorlink=http://www.fairmormon.org/perspectives/authors/white-mckay | |||
|title=The Kirtland Safety Society | |||
|date=August 2009 | |||
|publication=Proceedings of the 2009 FAIR Conference | |||
|summary=The Kirtland Safety Society Anti-Banking Company is an important part of our church history, having, as it did, a significant role in the Kirtland apostasy. Yet, to date, it has received much more attention from anti-Mormons, or “the other guys”, than from our own scholars and apologists. As a result, there are a large number of myths about the Safety Society that the other guys use to criticize Joseph Smith and destroy faith. | |||
<br> | |||
Today, I’m going to lay the episode wide open. We’ll see the myths that have sprung from the creative minds of interested parties, the facts will be laid bare, and in doing so, we’ll see why the Prophet deserves a good name. | |||
}} | |||
</onlyinclude> | </onlyinclude> | ||
{{endnotes sources}} | |||
{{Articles Footer 1}} {{Articles Footer 2}} {{Articles Footer 3}} {{Articles Footer 4}} {{Articles Footer 5}} {{Articles Footer 6}} {{Articles Footer 7}} {{Articles Footer 8}} {{Articles Footer 9}} {{Articles Footer 10}} | {{Articles Footer 1}} {{Articles Footer 2}} {{Articles Footer 3}} {{Articles Footer 4}} {{Articles Footer 5}} {{Articles Footer 6}} {{Articles Footer 7}} {{Articles Footer 8}} {{Articles Footer 9}} {{Articles Footer 10}} |
Answers portal |
Joseph Smith, Jr. |
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Some attack Joseph Smith over the Kirtland Safety Society (KSS) on multiple grounds:
To see citations to the critical sources for these claims, [[../CriticalSources|click here]]
Some attack Joseph Smith over the Kirtland Safety Society (KSS) on multiple grounds:
To see citations to the critical sources for these claims, [[../CriticalSources|click here]]
Template loop detected: Question: What was the Kirtland Safety Society "anti-bank"?
This was not unusual, as the idea of religious groups functioning as corporations and holding property was frowned on in Jacksonian America.
In 1836, the Church was centered at Kirtland, and was undergoing substantial growth. The Saints were constructing the Kirtland temple, at considerable cost, as well as financing property and business acquisitions, the immigration of poor members to Ohio, and missionary work.
To finance this explosive growth, loans were sought. Joseph Smith and the Church had extensive loans; some loans were for Joseph, some for Kirtland, and some for the Church. In some instances, Joseph was the only borrower, in other cases he was one among many who were liable for a given debt.
Banks do not loan money to those they consider poor risks, and so to his contemporaries, Joseph clearly appeared to have the ability to meet his obligations. The amount of the loans seems to have been less than the total value of the lands, businesses, and goods which Joseph and the Church owned. However, these assets were difficult to liquefy—the loans were often short-term (from a few weeks to around 180 days) and so cash flow problems beset Joseph continually.[1]
After presenting a timeline of events associated with the KSS, this article will discuss:
The criticisms will then be addressed.
This sort of situation is difficult for a modern reader to appreciate: we have easy world-wide banking, debit cards, credit cards, mortgages, and lines of credit. Kirtland was not alone in this struggle—hundreds of frontier communities tried to set up banks in the late 1830s.
As one author remarked:
The Saints were land rich but cash poor. Credit was scarce on the frontier, and even specie was in short supply. The Saints could not easily convert their considerable land wealth into cash to pay for purchases. (One cannot, for example, pay someone 1/10 of an acre of land for a barrel of nails!)
There were no national banks, and many Democrats were strongly anti-bank. Those on the frontier needed help desperately to keep their economies moving:
The failure of the Kirtland bank was not unusual, especially for rural banks—fully half of the banks formed in the 1830s had failed by 1845. This was due in large part to the economic realities of the time:
There is no evidence that the KSS was a “wildcat bank.” It was located in Kirtland, a large and thriving town in Ohio. The bank did not decline to exchange scrip for specie. In fact, this willingness to honor its notes created trouble for the bank early on, since they had insufficient funds to honor their notes after only about two weeks.
Starting operations without a charter was clearly an unwise decision. It is doubtful that Joseph and associates had time to receive detailed legal advice between the time their first charter application was denied and the beginning of banking operations,[8] but the documents creating the KSS clearly bear the marks of being drafted by legal counsel.[9] There are also marked differences between the documents prepared for a bank with a charter, and for the subsequent "anti-banking society," suggesting that Church leaders did not simply "rewrite" the original legal documents:
Joseph Smith, Sidney Rigdon and others directly involved were closely counseled by lawyers on the creation of the bank. The two organizing documents, of 2 November 1836, and 2 January 1837, respectively, are unlikely products of a lay hand. Quite plainly, they were drawn by counsel. Moreover, the differences between the two documents indicate legal craftsmanship, even more strongly than the style and content of the documents themselves. The organization of the Society, its form and legality, were matters upon which Joseph Smith obviously had close legal counsel and assistance. It is our conclusion that the legal advice he received was incorrect, or at best poor. It seems likely that Benjamin Bissell was the lawyer who counseled Joseph Smith concerning the bank, and who drew the organizing documents in both versions. It was Bissell who had been implicitly repealed by the Ohio legislature in 1824, and who unsuccessfully defended Joseph Smith and Sidney Rigdon in the litigation contesting the legality of the bank.[10]
Furthermore, there was considerable debate as to whether the anti-banking laws were even constitutional.
A second charter application was made with the support of Joseph Smith’s non-LDS lawyer, Benjamin Bissell, and other non-Mormons. The bank’s supporters probably hoped that they could eventually get a charter when the political circumstances were more favorable, and the support of legal and political personalities probably encouraged them in their course of action.
Clearly, Joseph and his supporters did not simply set out to be reckless; they had both political and legal perspectives which gave them cause for optimism.
Even with a charter the Kirtland bank likely would have failed during the economic turmoil of 1837. At best a charter would have allowed the bank to survive a few months longer to close without raising a flurry of law suits and apostasy and to be known by posterity as a simple business failure rather than as a shady venture. It is also clear that with or without the bank the economic turmoil that began in 1837 would have wrecked the Mormon community in Kirtland because of its highly levered position and the extremely short term nature of its debts…painful as it was the bank affair probably did little to alter the course of Mormon history.[11]
In short, the KSS was found by a jury to be an illegal bank. The leaders of the Church made a sincere effort to solve the pressing financial problems which beset them, and were probably hasty and somewhat naïve about the undertaking. There does not seem to have been a willful effort to deceive or extort. And, the legal issues are not entirely clear, even in retrospect:
The question whether the activities of the Society in 1837 were indeed unlawful under Ohio law requires considerable and fairly sophisticated legal analysis. Although we are now satisfied that the activities of the Society did indeed violate the proscriptions of the 1816 Ohio Statute, that conclusion is not entirely free from doubt, even with the benefit of hindsight. It must have been much less clear in 1837, when Joseph Smith was faced with a decision as to how to proceed in the face of the refusal of the Ohio Legislature to grant a charter.[12]
In any case, the financial crisis of 1837 likely could not have been averted even if all the legalities had been observed.
Joseph did not profit personally from the bank, and withdrew his support before the failure. Joseph probably suffered more legal repercussions than anyone from the event. There is no evidence that Joseph was “getting rich,” or attempting to do so, from the bank. He paid more for his stock in the bank than 85% of the subscribers, and he put more of his own money into the bank than anyone else, save one person.[13]
In June 1837, Kirtland land values had increased by 800% in just one year, so the idea of backing the bank with land does not seem unreasonable.
Furthermore, the bank's weakness became a drain on Joseph, and he expended considerable resources trying to save it—including obtaining three new loans—which only worsened his position in the end.[14]
Joseph was left with debts of $100,000. He had that value in goods and land, but it was difficult to convert these to cash. (Ironically, it was this very issue which had led to the bank's formation in the first place.)
Joseph fled for fear of his life, but also left creditors behind. Admirably, even as late as 1843, he continued to work to settle his Kirtland debts, even though he was far away in Nauvoo and effectively beyond the reach of his creditors.[15] In a 23 June 1874 speech, Brigham Young indicated that "some of his [Joseph's] debts had to be settled afterwards; and I am thankful to say that they were settled up."[16]
Joseph did not record or claim a revelation on the formation of the Kirtland Safety Society. It seems, rather, to have been his attempt to solve a complex and serious problem that probably had no good solution given the financial tools available to him. His anxiety to solve the Church’s financial problems led to difficulty, but Joseph was not alone: hundreds of thousands of frontier settlers had to resort to similar tactics:
Joseph insisted that a prophet was only a prophet when he was acting as such. The Kirtland Bank episode is a good example of fallible men doing their best to solve an intractable problem. (Joseph also emphasized that there was no expectation of success if members did not follow his counsel--which they did not.)
Brigham Young described an incident from his own life that speaks to the KSS period:
Thus, Brigham did not deny the error, or insist that it could not happen. But, he did not allow himself to be distracted by it.
The Kirtland Safety Society Anti-Banking Company is an important part of our church history, having, as it did, a significant role in the Kirtland apostasy. Yet, to date, it has received much more attention from anti-Mormons, or “the other guys”, than from our own scholars and apologists. As a result, there are a large number of myths about the Safety Society that the other guys use to criticize Joseph Smith and destroy faith.
Today, I’m going to lay the episode wide open. We’ll see the myths that have sprung from the creative minds of interested parties, the facts will be laid bare, and in doing so, we’ll see why the Prophet deserves a good name.
This was not unusual, as the idea of religious groups functioning as corporations and holding property was frowned on in Jacksonian America.
In 1836, the Church was centered at Kirtland, and was undergoing substantial growth. The Saints were constructing the Kirtland temple, at considerable cost, as well as financing property and business acquisitions, the immigration of poor members to Ohio, and missionary work.
To finance this explosive growth, loans were sought. Joseph Smith and the Church had extensive loans; some loans were for Joseph, some for Kirtland, and some for the Church. In some instances, Joseph was the only borrower, in other cases he was one among many who were liable for a given debt.
Banks do not loan money to those they consider poor risks, and so to his contemporaries, Joseph clearly appeared to have the ability to meet his obligations. The amount of the loans seems to have been less than the total value of the lands, businesses, and goods which Joseph and the Church owned. However, these assets were difficult to liquefy—the loans were often short-term (from a few weeks to around 180 days) and so cash flow problems beset Joseph continually.[19]
After presenting a timeline of events associated with the KSS, this article will discuss:
The criticisms will then be addressed.
This sort of situation is difficult for a modern reader to appreciate: we have easy world-wide banking, debit cards, credit cards, mortgages, and lines of credit. Kirtland was not alone in this struggle—hundreds of frontier communities tried to set up banks in the late 1830s.
As one author remarked:
The Saints were land rich but cash poor. Credit was scarce on the frontier, and even specie was in short supply. The Saints could not easily convert their considerable land wealth into cash to pay for purchases. (One cannot, for example, pay someone 1/10 of an acre of land for a barrel of nails!)
There were no national banks, and many Democrats were strongly anti-bank. Those on the frontier needed help desperately to keep their economies moving:
The failure of the Kirtland bank was not unusual, especially for rural banks—fully half of the banks formed in the 1830s had failed by 1845. This was due in large part to the economic realities of the time:
There is no evidence that the KSS was a “wildcat bank.” It was located in Kirtland, a large and thriving town in Ohio. The bank did not decline to exchange scrip for specie. In fact, this willingness to honor its notes created trouble for the bank early on, since they had insufficient funds to honor their notes after only about two weeks.
Starting operations without a charter was clearly an unwise decision. It is doubtful that Joseph and associates had time to receive detailed legal advice between the time their first charter application was denied and the beginning of banking operations,[26] but the documents creating the KSS clearly bear the marks of being drafted by legal counsel.[27] There are also marked differences between the documents prepared for a bank with a charter, and for the subsequent "anti-banking society," suggesting that Church leaders did not simply "rewrite" the original legal documents:
Joseph Smith, Sidney Rigdon and others directly involved were closely counseled by lawyers on the creation of the bank. The two organizing documents, of 2 November 1836, and 2 January 1837, respectively, are unlikely products of a lay hand. Quite plainly, they were drawn by counsel. Moreover, the differences between the two documents indicate legal craftsmanship, even more strongly than the style and content of the documents themselves. The organization of the Society, its form and legality, were matters upon which Joseph Smith obviously had close legal counsel and assistance. It is our conclusion that the legal advice he received was incorrect, or at best poor. It seems likely that Benjamin Bissell was the lawyer who counseled Joseph Smith concerning the bank, and who drew the organizing documents in both versions. It was Bissell who had been implicitly repealed by the Ohio legislature in 1824, and who unsuccessfully defended Joseph Smith and Sidney Rigdon in the litigation contesting the legality of the bank.[28]
Furthermore, there was considerable debate as to whether the anti-banking laws were even constitutional.
A second charter application was made with the support of Joseph Smith’s non-LDS lawyer, Benjamin Bissell, and other non-Mormons. The bank’s supporters probably hoped that they could eventually get a charter when the political circumstances were more favorable, and the support of legal and political personalities probably encouraged them in their course of action.
Clearly, Joseph and his supporters did not simply set out to be reckless; they had both political and legal perspectives which gave them cause for optimism.
Even with a charter the Kirtland bank likely would have failed during the economic turmoil of 1837. At best a charter would have allowed the bank to survive a few months longer to close without raising a flurry of law suits and apostasy and to be known by posterity as a simple business failure rather than as a shady venture. It is also clear that with or without the bank the economic turmoil that began in 1837 would have wrecked the Mormon community in Kirtland because of its highly levered position and the extremely short term nature of its debts…painful as it was the bank affair probably did little to alter the course of Mormon history.[29]
In short, the KSS was found by a jury to be an illegal bank. The leaders of the Church made a sincere effort to solve the pressing financial problems which beset them, and were probably hasty and somewhat naïve about the undertaking. There does not seem to have been a willful effort to deceive or extort. And, the legal issues are not entirely clear, even in retrospect:
The question whether the activities of the Society in 1837 were indeed unlawful under Ohio law requires considerable and fairly sophisticated legal analysis. Although we are now satisfied that the activities of the Society did indeed violate the proscriptions of the 1816 Ohio Statute, that conclusion is not entirely free from doubt, even with the benefit of hindsight. It must have been much less clear in 1837, when Joseph Smith was faced with a decision as to how to proceed in the face of the refusal of the Ohio Legislature to grant a charter.[30]
In any case, the financial crisis of 1837 likely could not have been averted even if all the legalities had been observed.
Joseph did not profit personally from the bank, and withdrew his support before the failure. Joseph probably suffered more legal repercussions than anyone from the event. There is no evidence that Joseph was “getting rich,” or attempting to do so, from the bank. He paid more for his stock in the bank than 85% of the subscribers, and he put more of his own money into the bank than anyone else, save one person.[31]
In June 1837, Kirtland land values had increased by 800% in just one year, so the idea of backing the bank with land does not seem unreasonable.
Furthermore, the bank's weakness became a drain on Joseph, and he expended considerable resources trying to save it—including obtaining three new loans—which only worsened his position in the end.[32]
Joseph was left with debts of $100,000. He had that value in goods and land, but it was difficult to convert these to cash. (Ironically, it was this very issue which had led to the bank's formation in the first place.)
Joseph fled for fear of his life, but also left creditors behind. Admirably, even as late as 1843, he continued to work to settle his Kirtland debts, even though he was far away in Nauvoo and effectively beyond the reach of his creditors.[33] In a 23 June 1874 speech, Brigham Young indicated that "some of his [Joseph's] debts had to be settled afterwards; and I am thankful to say that they were settled up."[34]
Joseph did not record or claim a revelation on the formation of the Kirtland Safety Society. It seems, rather, to have been his attempt to solve a complex and serious problem that probably had no good solution given the financial tools available to him. His anxiety to solve the Church’s financial problems led to difficulty, but Joseph was not alone: hundreds of thousands of frontier settlers had to resort to similar tactics:
Joseph insisted that a prophet was only a prophet when he was acting as such. The Kirtland Bank episode is a good example of fallible men doing their best to solve an intractable problem. (Joseph also emphasized that there was no expectation of success if members did not follow his counsel--which they did not.)
Brigham Young described an incident from his own life that speaks to the KSS period:
Thus, Brigham did not deny the error, or insist that it could not happen. But, he did not allow himself to be distracted by it.
The Kirtland Safety Society Anti-Banking Company is an important part of our church history, having, as it did, a significant role in the Kirtland apostasy. Yet, to date, it has received much more attention from anti-Mormons, or “the other guys”, than from our own scholars and apologists. As a result, there are a large number of myths about the Safety Society that the other guys use to criticize Joseph Smith and destroy faith.
Today, I’m going to lay the episode wide open. We’ll see the myths that have sprung from the creative minds of interested parties, the facts will be laid bare, and in doing so, we’ll see why the Prophet deserves a good name.
Notes
FAIR is a non-profit organization dedicated to providing well-documented answers to criticisms of the doctrine, practice, and history of The Church of Jesus Christ of Latter-day Saints.
We are a volunteer organization. We invite you to give back.
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