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Joseph Smith/Legal issues: Difference between revisions

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: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.{{ref|eom1}}
: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.{{ref|eom1}}
===Early encounters with the law===
{{main|Joseph Smith/Legal trials/1826 glasslooking trial|l1=1826 trial for "glasslooking"|Joseph Smith/Legal trials/1826 glasslooking trial/Con man|l2=Joseph found guilty of being a "con man"?}}


===Ohio===
===Ohio===

Revision as of 02:32, 13 November 2010
Answers portal
Joseph Smith, Jr.
    RESOURCES
    PERSPECTIVES
    MEDIA
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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 Joseph Smith's problems with the law?

To see citations to the critical sources for these claims, click here

==

Detailed Analysis

==

Entire books have been written on the legal history of the Church in its early days. (See Further Reading below.) Some specific legal issues are considered in separate wiki articles:

Answers portal
Joseph Smith, Jr.
    RESOURCES
    PERSPECTIVES
    MEDIA
    OTHER PORTALS


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 Joseph Smith's problems with the law?

To see citations to the critical sources for these claims, click here

==

Detailed Analysis

==

Entire books have been written on the legal history of the Church in its early days. (See Further Reading below.) Some specific legal issues are considered in separate wiki articles: Template loop detected: Template:JSLegalWiki

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.[1]

Early encounters with the law

Main articles: 1826 trial for "glasslooking" and Joseph found guilty of being a "con man"?

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.[3]

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.[4]
==

Answer

==

Concluded one author at a FAIR conference:

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.[5]

== Notes ==

  1. [note] Joseph I. Bentley, "Legal Trials of Joseph Smith," in Encyclopedia of Mormonism, 4 vols., edited by Daniel H. Ludlow, (New York, Macmillan Publishing, 1992), 3:1346–1347.off-site
  2. [note] Joseph I. Bentley, "Legal Trials of Joseph Smith," in Encyclopedia of Mormonism, 4 vols., edited by Daniel H. Ludlow, (New York, Macmillan Publishing, 1992), 3:1346–1347.off-site
  3. [note] Joseph I. Bentley, "Legal Trials of Joseph Smith," in Encyclopedia of Mormonism, 4 vols., edited by Daniel H. Ludlow, (New York, Macmillan Publishing, 1992), 3:1346–1347.off-site
  4. [note] Joseph I. Bentley, "Legal Trials of Joseph Smith," in Encyclopedia of Mormonism, 4 vols., edited by Daniel H. Ludlow, (New York, Macmillan Publishing, 1992), 3:1346–1347.off-site
  5. [note]  Joseph I. Bentley, "Legal Trials of the Prophet: Joseph Smith's Life in Court" (2006 FAIR Conference presentation) FAIR link (Key source)

Further reading

FairMormon Answers articles

Template loop detected: Template:JSLegalWiki

FairMormon web site

Template:JSLegalFAIR

===

Video

=

Legal Trials of the Prophet: Joseph Smith's Life in Court, Joseph Bentley, 2006 FAIR Conference

External links

Template:JSLegalLinks

Printed material

Template:JSLegalPrint

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.[6]

Early encounters with the law

Main articles: 1826 trial for "glasslooking" and Joseph found guilty of being a "con man"?

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.[7]

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.[8]

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.[9]
==

Answer

==

Concluded one author at a FAIR conference:

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.[10]

== Notes ==

  1. [note] Joseph I. Bentley, "Legal Trials of Joseph Smith," in Encyclopedia of Mormonism, 4 vols., edited by Daniel H. Ludlow, (New York, Macmillan Publishing, 1992), 3:1346–1347.off-site
  2. [note] Joseph I. Bentley, "Legal Trials of Joseph Smith," in Encyclopedia of Mormonism, 4 vols., edited by Daniel H. Ludlow, (New York, Macmillan Publishing, 1992), 3:1346–1347.off-site
  3. [note] Joseph I. Bentley, "Legal Trials of Joseph Smith," in Encyclopedia of Mormonism, 4 vols., edited by Daniel H. Ludlow, (New York, Macmillan Publishing, 1992), 3:1346–1347.off-site
  4. [note] Joseph I. Bentley, "Legal Trials of Joseph Smith," in Encyclopedia of Mormonism, 4 vols., edited by Daniel H. Ludlow, (New York, Macmillan Publishing, 1992), 3:1346–1347.off-site
  5. [note]  Joseph I. Bentley, "Legal Trials of the Prophet: Joseph Smith's Life in Court" (2006 FAIR Conference presentation) FAIR link (Key source)

Further reading

FairMormon Answers articles
Answers portal
Joseph Smith, Jr.
    RESOURCES
    PERSPECTIVES
    MEDIA
    OTHER PORTALS


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 Joseph Smith's problems with the law?

To see citations to the critical sources for these claims, click here

==

Detailed Analysis

==

Entire books have been written on the legal history of the Church in its early days. (See Further Reading below.) Some specific legal issues are considered in separate wiki articles: Template loop detected: Template:JSLegalWiki

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.[11]

Early encounters with the law

Main articles: 1826 trial for "glasslooking" and Joseph found guilty of being a "con man"?

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.[12]

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.[13]

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.[14]
==

Answer

==

Concluded one author at a FAIR conference:

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.[15]

== Notes ==

  1. [note] Joseph I. Bentley, "Legal Trials of Joseph Smith," in Encyclopedia of Mormonism, 4 vols., edited by Daniel H. Ludlow, (New York, Macmillan Publishing, 1992), 3:1346–1347.off-site
  2. [note] Joseph I. Bentley, "Legal Trials of Joseph Smith," in Encyclopedia of Mormonism, 4 vols., edited by Daniel H. Ludlow, (New York, Macmillan Publishing, 1992), 3:1346–1347.off-site
  3. [note] Joseph I. Bentley, "Legal Trials of Joseph Smith," in Encyclopedia of Mormonism, 4 vols., edited by Daniel H. Ludlow, (New York, Macmillan Publishing, 1992), 3:1346–1347.off-site
  4. [note] Joseph I. Bentley, "Legal Trials of Joseph Smith," in Encyclopedia of Mormonism, 4 vols., edited by Daniel H. Ludlow, (New York, Macmillan Publishing, 1992), 3:1346–1347.off-site
  5. [note]  Joseph I. Bentley, "Legal Trials of the Prophet: Joseph Smith's Life in Court" (2006 FAIR Conference presentation) FAIR link (Key source)

Further reading

FairMormon Answers articles

Template loop detected: Template:JSLegalWiki

FairMormon web site

Template:JSLegalFAIR

===

Video

=

Legal Trials of the Prophet: Joseph Smith's Life in Court, Joseph Bentley, 2006 FAIR Conference

External links

Template:JSLegalLinks

Printed material

Template:JSLegalPrint

FairMormon web site

Template:JSLegalFAIR

===

Video

=

Legal Trials of the Prophet: Joseph Smith's Life in Court, Joseph Bentley, 2006 FAIR Conference

External links

Template:JSLegalLinks

Printed material

Template:JSLegalPrint

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