Criticism of Mormonism/Books/Mormon America: The Power and the Promise/Index

Index to claims made in Mormon America: The Power and the Promise


A work by author: Richard N. Ostling and Joan K. Ostling

This is an index of claims made in this work with links to corresponding responses within the FAIRwiki. An effort has been made to provide the author's original sources where possible.

Introduction: A New World Faith

xv

Claim
The authors mention a temple of secret rituals with precincts forbidden to tourists and TV cameras.

Author's source(s)

  • No source provided.

Response


xviii

Claim
It is claimed that LDS believe that the Garden of Eden was literally located around Independence, Missouri.

Author's source(s)

  • No source provided.

Response


xix

Claim
The authors claim that God told Joseph to "revise significant portions of the Bible that Smith taught had been corrupted by Jews and Christians."

Author's source(s)

  • No source provided.

Response


xix

Claim
The book claims that there is no forum for public debate and that there is no church legislature to set policy.

Author's source(s)

  • No source provided.

Response
 FAIR WIKI EDITORS: Check sources


xxv

Claim
They abstain from alcohol and tobacco, as many other groups do, but also from caffeinated beverages.

Author's source(s)

  • No source provided

Response


Chapter 1: Sealed with Blood

3 - Joseph Smith organized the Council of Fifty to plan political future and had them anoint him “King, Priest and Ruler over Israel on Earth"

The author(s) of Mormon America make(s) the following claim:

April 11, 1844: Joseph Smith organized the Council of Fifty to plan political future and had them anoint him “King, Priest and Ruler over Israel on Earth"

Author's sources:

FAIR's Response

Question: What was the Council of Fifty?

Joseph Smith received a revelation which called for the organization of a special council

On 7 April 1842, Joseph Smith received a revelation titled "The Kingdom of God and His Laws, With the Keys and Power Thereof, and Judgment in the Hands of His Servants, Ahman Christ," which called the for the organization of a special council separate from, but parallel to, the Church. Since its inception, this organization has been generally been referred to as "the Council of Fifty" because of its approximate number of members.

The Council of Fifty was designed to serve as something of a preparatory legislature in the Kingdom of God

Latter-day Saints believe that one reason the gospel was restored was to prepare the earth for the second coming of the Lord Jesus Christ. Just as the Church was to bring about religious changes in the world, the Council of Fifty was intended to bring a political transformation. It was therefore designed to serve as something of a preparatory legislature in the Kingdom of God. Joseph Smith ordained the council to be the governing body of the world, with himself as chairman, Prophet, Priest, and King over the Council and the world (subject to Jesus Christ, who is "King of kings"[1]).

The Council was organized on 11 March 1844, at which time it adopted rules of procedure, including those governing legislation. One rule included instructions for passing motions:

To pass, a motion must be unanimous in the affirmative. Voting is done after the ancient order: each person voting in turn from the oldest to the youngest member of the Council, commencing with the standing chairman. If any member has any objections he is under covenant to fully and freely make them known to the Council. But if he cannot be convinced of the rightness of the course pursued by the Council he must either yield or withdraw membership in the Council. Thus a man will lose his place in the Council if he refuses to act in accordance with righteous principles in the deliberations of the Council. After action is taken and a motion accepted, no fault will be found or change sought for in regard to the motion.[2]

What is interesting about this rule is that it required each council member, by covenant, to voice his objections to proposed legislation. Those council members who dissented and could not be convinced to change their minds were to withdraw from the council, however, they would suffer no repercussions by doing so. Thus, full freedom of conscience was maintained by the council — not exactly the sort of actions a despot or tyrant would allow.

The Council never rose to the stature Joseph intended

Members (which included individuals that were not members of the Church of Jesus Christ of Latter-day Saints) were sent on expeditions west to explore emigration routes for the Saints, lobbied the American government, and were involved in Joseph Smith's presidential campaign. But only three months after it was established, Joseph was killed, and his death was the beginning of the Council's end. Brigham Young used it as the Saints moved west and settled in the Great Basin, and it met annually during John Taylor's administration, but since that time the Council has not played an active role among the Latter-day Saints.


Question: Was Joseph Smith anointed to be "King over the earth" by the Council of Fifty?

Joseph was never anointed King over the earth in any political sense

Some people claim that Joseph Smith had himself anointed king over the whole world, and that this shows he was some sort of megalomaniac.

The Council of Fifty, while established in preparation for a future Millennial government under Jesus Christ (who is the King of Kings) was to be governed on earth during this preparatory period by the highest presiding ecclesiastical authority, which at the time was the Prophet Joseph Smith. Joseph had previously been anointed a King and Priest in the Kingdom of God by religious rites associated with the fullness of the temple endowment, and was placed as a presiding authority over this body in his most exalted position within the kingdom of God (as a King and a Priest).

Joseph was anointed as the presiding authority over an organization that was to prepare for the future reign of Jesus Christ during the Millennium

The fact that Joseph's prior anointing was referenced in his position as presiding authority over this body creates the confusion that he had been anointed King of the Earth. He was in fact only anointed as the presiding authority over an organization that was to prepare for the future reign of Jesus Christ during the Millennium. The fact that Joseph had submitted his name for consideration as President of the United States during this same period adds fodder for critics seeking to malign the character of the Prophet.


3

Claim
Joseph Smith petitioned Congress for authorization to raise and lead a 100000-man army to subdue the western territories from Texas to Oregon, and that anyone who would “attempt to hinder or molest the said Joseph Smith” would be subject to two years’ imprisonment.

Author's source(s)

Response
 FAIR WIKI EDITORS: Check sources


10

Claim
The temple rituals had many similarities to the Masonic rituals that the prophet had just learned.


Response
 FAIR WIKI EDITORS: Check sources


12

Claim
1842: Disagreement between JS and John C. Bennett was “their competition for nineteen-year-old Nancy Rigdon as plural wife...Smith excommunicated Bennett."


Response
 FAIR WIKI EDITORS: Check sources


13

Claim
On March 11, 1844, Council of Fifty was formed as a theocratic policymaking body “shadow government” (Flanders – RLDS historian) that functioned sporadically in Utah into the 1870’s.

Author's source(s)

Response


13

Claim
Two of the original 53 members of the Council of Fifty “apparently were known counterfeiters."

Author's source(s)

Response


13

Claim
Joseph Smith was anointed “King, Priest and Ruler over Israel on Earth."

Author's source(s)

  • D. Michael Quinn, April 11, 1844.

Response


15

Claim
The Council of Fifty, "supposedly a civic body," took ecclesiastical action excommunicating Law and Foster.

Author's source(s)

Response


16

Claim
Quinn re. Expositor: “He could not allow the Expositor to publish the secret international negotiations masterminded by Mormonism’s earthly king.”

Author's source(s)

  • Authors' quoting the opinion of another author, D. Michael Quinn

Response


16

Claim
 Author's quote: With the backing of his Council, Smith ordered that the new press be smashed and all possible copies of the press run destroyed.

Author's source(s)

Response


17

Claim
Someone slipped a six-shooter into his cell that he later fired into the attacking mob.


Response


Chapter 2: Beginnings: A Very American Gospel

21

Claim
Swedenborgianism, with its concepts of eternal marriage and a three-tiered heaven.

Author's source(s)

  • Source not provided

Response


23 - "Joseph would occasionally give us some of the most amusing recitals"

The author(s) of Mormon America: The Power and the Promise make(s) the following claim:

Lucy Mack Smith, "described Joseph Jr.’s youthful fascination with Indians in the years just prior to his translation of the Book of Mormon: ...Joseph would occasionally give us some of the most amusing recitals..."

Author's sources: Lucy Mack Smith, Biographical Sketches, 1853. p. 85.

FAIR's Response

<onlyinclude>

  1. REDIRECTJoseph Smith's trustworthiness

25 - Seer stones illegal – 1826 Smith “found guilty” of disorderly conduct for money-digging

The author(s) of Mormon America: The Power and the Promise make(s) the following claim:

Seer stones illegal – 1826 Smith “found guilty” of disorderly conduct for money-digging.

Author's sources: *D. Michael Quinn, Early Mormonism and the Magic World View, revised and enlarged edition, (Salt Lake City: Signature Books, 1998), ( Index of claims )

FAIR's Response

Articles about Joseph Smith
Highlights in the Prophet’s Life 20 Mar. 1826: 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.

—Anonymous, "Highlights in the Prophet’s Life," Ensign (Jun 1994): 24. off-site
∗       ∗       ∗


What is Joseph Smith's 1826 South Bainbridge "trial" for "glasslooking"?

Joseph Smith appeared at a pre-trial court hearing in 1826 for "glasslooking"

In 1825 Josiah Stowel sought out the young Joseph Smith, who had a reputation for being able to use his seer stone to locate lost objects, to help him to locate an ancient silver mine. After a few weeks of work, Joseph persuaded Stowel to give up the effort. In 1826, some of Stowel's relatives brought Joseph to court and accused him of "glasslooking" and being a "disorderly person." Several witnesses testified at the hearing.

Joseph was released without being fined or otherwise punished - there was no verdict of "guilty" or "not guilty" because this was only a hearing rather than a trial

Joseph was ultimately released without being fined and had no punishment imposed upon him. Years later, a bill from the judge was discovered which billed for court services.

Gordon Madsen summarized:

"The evidence thus far available about the 1826 trial before Justice Neely leads to the inescapable conclusion that Joseph Smith was acquitted." [3]

A review of all the relevant documents demonstrates that:

  1. The court hearing of 1826 was not a trial, it was an examination
  2. The hearing was likely initiated from religious concerns; i.e. people objected to Joseph's religious claims.
  3. There were seven witnesses.
  4. The witnesses' testimonies have not all been transmitted faithfully.
  5. Most witnesses testified that Joseph did possess a gift of sight

The court hearing was likely initiated by Stowel's relatives as a concern that he was having too much influence on Stowel

It was likely that the court hearing was initiated not so much from a concern about Joseph being a money digger, as concern that Joseph was having an influence on Josiah Stowel. Josiah Stowel was one of the first believers in Joseph Smith. His nephew was probably very concerned about that and was anxious to disrupt their relationship if possible. He did not succeed. The court hearing failed in its purpose, and was only resurrected decades later to accuse Joseph Smith of different crimes to a different people and culture.

Understanding the context of the case removes any threat it may have posed to Joseph's prophetic integrity.

What events resulted in Joseph Smith's 1826 court appearance in South Bainbridge?

Josiah Stowell requested Joseph Smith's help in locating an ancient silver mine

In the spring of 1825 Josiah Stowell visited with Joseph Smith "on account of having heard that he possessed certain keys, by which he could discern things invisible to the natural eye." [4] Josiah Stowell wanted Joseph to help him in his quest to find treasure in an ancient silver mine. Joseph was reluctant, but Stowell persuaded Joseph to come by offering high wages. According to trial documents, Stowell says Joseph, using a seer stone, "Looked through stone and described Josiah Stowell's house and out houses, while at Palmyra at Sampson Stowell's correctly, that he had told about a painted tree with a man's hand painted upon it by means of said stone." [5]

Joseph ultimately persuaded Stowell to give up looking for the mine

Joseph and his father traveled to southern New York in November of 1825. This was after the crops were harvested and Joseph had finished his visit to the Hill Cumorah that year. They participated with Stowell and the company of workers in digging for the mine for less than a month. Finally Joseph persuaded him to stop. "After laboring for the old gentleman about a month, without success, Joseph prevailed upon him to cease his operations." [6]

Joseph continued to work in the area for Stowell and others. He boarded at the home of Isaac Hale and met Emma Hale, who was one "treasure" he got out of the enterprise.

The following year, Stowell's sons or nephew (depending on which account you follow) brought charges against Joseph and he was taken before Justice Neely

In March of the next year, Stowell's sons or nephew (depending on which account you follow) brought charges against Joseph and he was taken before Justice Neely. The supposed trial record came from Miss Pearsall. "The record of the examination was torn from Neely's docket book by his niece, Emily Persall, and taken to Utah when she went to serve as a missionary under Episcopalian bishop Daniel S. Tuttle." [7] This will be identified as the Pearsall account although Neely possessed it after her death. It is interesting that the first published version of this record didn't appear until after Miss Pearsall had died.

Stowell's relatives felt that Joseph was exercising "unlimited control" over their father or uncle

William D. Purple took notes at the trial and tells us, "In February, 1826, the sons of Mr. Stowell, ...were greatly incensed against Smith, ...saw that the youthful seer had unlimited control over the illusions of their sire... They caused the arrest of Smith as a vagrant, without visible means of livelihood." [8]

Whereas the Pearsall account says: "Warrant issued upon oath of Peter G. Bridgman, [Josiah Stowell's nephew] who informed that one Joseph Smith of Bainbridge was a disorderly person and an imposter...brought before court March 20, 1826" [9]

So, we have what has been called "The 1826 Trial of Joseph Smith", even though the records show that this wasn't actually a trial. For many years LDS scholars Francis Kirkham, Hugh Nibley and others expressed serious doubts that such a trial had even taken place.

Why was Joseph fined if he wasn't found guilty of anything?

Joseph was never fined - the bills from Judge Neely and Constable DeZeng were for court costs

The court did not assess a fine against Joseph. There were bills made out by Judge Neely and Constable DeZeng, but these were for costs. Those bills were directed to the County for payment of witnesses, etc., not to Joseph.

Ensign (June 1994): "Highlights in the Prophet’s Life 20 Mar. 1826: Tried and acquitted on fanciful charge of being a "disorderly person," South Bainbridge, Chenango County, New York

Ensign (June 1994):

Highlights in the Prophet’s Life 20 Mar. 1826: 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. [10]

Didn't Hugh Nibley claim that a record of this trial would be "the most damning evidence in existence" against Joseph Smith?

Nibley felt that the "court record" didn't seem to be correct

Hugh Nibley had serious doubts as to whether or not Joseph Smith was actually brought to trial in 1826, and he felt that the only real trial was in 1830. For the most part, Nibley felt that the "court record" didn't seem to be correct. The following quote is taken from Nibley's book "The Myth Makers:"

"if this court record is authentic it is the most damning evidence in existence against Joseph Smith."

Why are the 1971 discoveries important?

It was easy to cast doubt on the reality of the 1826 hearing until the bills from Judge Albert Neely and Constable Philip De Zeng were found in 1971. These documents were removed from their purported site of discovery by Dr. Wesley Walters, a well-known anti-Mormon author.

Walters wrote, "Because the two 1826 bills had not only suffered from dampness, but had severe water damage as well, Mr. Poffarl hand-carried the documents to the Yale University's Beinecke Library, which has one of the best document preservation centers in the country." [11] The problem with this action is, once you have removed a document from a historical setting and then try to restore it to the same setting, you can't prove that you have not altered the document.

The actions of Walters and Poffarl compromised the documents. By having the documents removed and only returned under threat of a lawsuit by the County, it opened the possibility that they could be forged documents. They are generally considered to be authentic.

Nibley's real point at issue is not whether or not there was a trial, but whether or not a record existed proving Joseph guilty of deceit

Since Wesley Walters has found some bills related to the trial, the critics now claim that the case is proven and that Nibley has proven their case for them. Nothing is further from the truth. First of all you need to look at the whole quote. Nibley was chastising Tuttle for not actually using the trial record that he had. He was questioning why he would do that if it was so important.

"You knew its immense value as a weapon against Joseph Smith if its authenticity could be established. And the only way to establish authenticity was to get hold of the record book from which the pages had been purportedly torn. After all, you had only Miss Pearsall's word for it that the book ever existed. Why didn't you immediately send he back to find the book or make every effort to get hold of I? Why didn't you "unearth" it, as they later said you did? . . . The authenticity of the record still rests entirely on the confidential testimony of Miss Pearsall to the Bishop. And who was Miss Pearsall? A zealous old maid, apparently: "a woman helper in our mission," who lived right in the Tuttle home and would do anything to assist her superior. The picture I get is that of a gossipy old housekeeper. If this court record is authentic, it is the most damning evidence in existence against Joseph Smith. Why, then, [speaking to Tuttle] was it not republished in your article in the Schaff-Herzog Encyclopedia of Religious Knowledge after 1891? . . . in 1906 Bishop Tuttle published his Reminiscences of a Missionary Bishop in which he blasts the Mormons as hotly as ever. . . yet in the final summary of his life's experiences he never mentions the story of the court record - his one claim to immortal fame and the gratitude of the human race if it were true!" (Nibley "The Myth Makers", 246)

The Pearsall account, which has never been produced, claims that the defendant was found guilty. The real point at issue is not whether or not there was a trial, but whether or not a record existed proving Joseph guilty of deceit. A document proving such guilt has not been found.

What did critics of the Church during Joseph Smith's lifetime think of the 1826 court hearing?

Critics of Joseph Smith's time ignored the 1826 court hearing

Critics of Joseph Smith's time ignored the 1826 court hearing:

  1. They didn't bring it up in another trial in the same area in 1830.
  2. It was not mentioned in any of the affidavits collected by Hurlbut in 1833, even though he was diligently looking for every piece of dirt he could find.
  3. Although the trial was briefly mentioned in 1831, it was not mentioned again in a published record for 46 years.

The attraction of this event for a later generation of critics, however, lies in the fact that:

  • Society had changed
  • Seer Stones were no longer acceptable
  • Treasure digging was considered abnormal
  • Spiritual gifts were reinterpreted as manifestations of the occult

Many people of the 1800s did not see any differences between what later generations would label as "magic" and religiously-driven activities recorded in the Bible

Many people of the 1800s did not see any differences between what later generations would label as "magic" and religiously-driven activities recorded in the Bible—such as Joseph's silver cup (see Genesis 44:2,5) in which 'he divineth' (which was also practiced by the surrounding pagans and referred to as hydromancy),[12] or the rod of Aaron and its divinely-driven power (Exodus 7:9-12).

The Bible records that Jacob used rods to cause Laban's cattle to produce spotted, and speckled offspring (see Genesis 30:37-39) — one can only imagine what the critics would say should Joseph Smith have attempted such a thing!

In Joseph Smith's own day other Christian leaders were involved in practices which today's critics would call 'occultic'

In Joseph Smith's own day other Christian leaders were involved in practices which today's critics would call 'occultic.' Quinn, for instance, observes that in "1825, a Massachusetts magazine noted with approval that a local clergyman used a forked divining rod.... Similarly, a Methodist minister wrote twenty-three years later that a fellow clergymen in New Jersey had used a divining rod up to the 1830s to locate buried treasure and the 'spirits [that] keep guard over buried coin'...." [13]

Activities of the early 1800s or Biblical times which later generations would view skeptically were simply thought of as part of how the world worked

It is important to realize that every statement about "magic" or the "occult" by LDS authors is a negative one. Joseph and his contemporaries would likely have shocked and dismayed to be charged with practicing "magic." For them, such beliefs were simply how the world worked. Someone might make use of a compass without understanding the principles of magnetism. This mysterious, but apparently effective, device was useful even if its underlying mechanism was not understood. In a similar way, activities of the early 1800s or Biblical times which later generations would view skeptically were simply thought of as part of how the world worked.

But, it is a huge leap from this realization to charging that Joseph and his followers believed they were drawing power from anything but a divine or proper source.

What are the details of Joseph Smith's 1826 "trial" for "glasslooking"?

What records of the court hearing exist?

We have five records of the 1826 hearing. These were published in eight documents.

1. Apr. 9, 1831 - A W. Benton in Evangelical Magazine and Gospel Advocate
2.Oct. 1835 - Oliver Cowdery in Latter-day Saints Messenger and Advocate
3.1842 letter from Joel K. Noble (not published until 1977)
4.Record torn from Judge Neely docket book by Miss Emily Pearsall (niece)

  • Feb. 1873 - Charles Marshall publishes in Frazer's Magazine (London)
  • Apr. 1873 - Frazer's article reprinted in Eclectic Magazine (N.Y.)
  • 1883 - Tuttle article in New Schaff-Herzog Encyclopedia of Religious Knowledge
  • Jan. 1886 - Christian Advocate vol. 2, no. 13 (Salt Lake City, UT)

5. May 3, 1877 - W. D. Purple Chenango Union

It may be that Purple saw the publication in the Eclectic Magazine and that is why he published his account a few years later. There are no complete overlaps in the accounts; we will look at the similarities and differences.

Finally, we have the bills by Judge Neely and Constable Da Zeng which provide some additional useful details.

Document provenance

We don't have the actual record that Miss Pearsall had, but the claimed trail of events leads as follows:

  1. Miss Pearsall tears the record from the docket book of her uncle Judge Neely
  2. She takes the record with her to Utah when she went to work with Bishop Tuttle.
  3. Miss Pearsall dies in 1872.
  4. Charles Marshall copies the record and has it published in Frazer's Magazine in 1873.
  5. Ownership falls to Tuttle after Miss Pearsall's death
  6. Tuttle published in 1883 Schaff-Herzog encyclopedia.
  7. Tuttle gave it to the Methodists who published it in 1886
  8. Then the record was lost.

It will be noticed with interest, that although Bishop Tuttle and others had access to the Pearsall account for several years it was not published until after her death. That combined with the fact that the torn leaves were never allowed to be examined, would cast some doubt on the completeness or accuracy of that which was published.

Do we have a court record?

We know that the supposed "court record" obtained by Miss Pearsall can't be a court record at all.

  1. Misdemeanor trials were not recorded, only felony trials.
  2. No witness signatures—they were required in an official record.
  3. It appears to be a pretrial hearing.
  4. Pretrial hearings cannot deliver guilty verdicts.

Why were the various records made?

This is the reason that the people stated for why they were putting forth this information.

  1. Benton: more complete history of their founder
  2. Cowdery: private character of our brother
  3. Noble: explain the character of the Mormons
  4. Marshal: preserve a piece of information about the prophet
  5. Purple: as a precursor of the advent of the wonder of the age, Mormonism
  6. Tuttle: [to show] In what light he appeared to others
  7. Judge Neely: to collect fees

Unsurprisingly, those who provided these accounts had an agenda. We are not looking at an event through the eyes of an unbiased observer, and most of that bias is directed against Joseph Smith.

Who brought the charges?

If we look at the individuals bringing the charges, we have the following: Benton (1831): The Public Cowdery (1835): very officious person Noble (1842): Civil authority Marshall (1873): Peter G. Bridgman Purple (1877): sons of Mr. Stowell Tuttle (1883): Peter G. Bridgman Judge Neely: The Public

Note that the agreement of Marshall and Tuttle is misleading because they are essentially quoting the same source.

Whether it was Josiah Stowell's sons or his nephew Peter G. Bridgman, it seems to be close family members. We don't know why Peter G. Bridgman brought the charges, but it could easily have been because he was worried that his uncle was accepting Joseph Smith in his religious claims. Josiah did join the church organized by Joseph Smith and stayed faithful his whole life. As for Peter Bridgman, "Within a month after the trial he was licensed as an exhorter by the Methodists and within three years had helped establish the West Bainbridge Methodist Church. Upon his death in 1872 his fellow ministers characterized him as 'an ardent Methodist and any attack upon either the doctrines or the polity of the Methodist Episcopal Church, within his field of labor, was sure to be repelled by him with a vigorous hand." [14]

Is it possible that the trial of Joseph Smith was just one of his first attempts to apply a "vigorous hand?"

What was the charge against Joseph Smith?

The charge is listed in the various accounts as:

  1. Benton (1831): a disorderly person
  2. Cowdery (1835): a disorderly person
  3. Noble (1842): under the Vagrant act
  4. Marshall (1873): a disorderly person and an imposter
  5. Purple (1877): a vagrant, without visible means of livelihood
  6. Tuttle (1882): a disorderly person and an imposter
  7. Judge Neely: a misdemeanor

Hugh Nibley indicated how it would be strange that he could be charged without visible means of livelihood, since he was being employed by Stowell and others.

The portion of the statute that would seem to apply was enacted by New York in 1813.

...all persons who not having wherewith to maintain themselves, live idle without employment, and also all persons who go about from door to door, or place themselves in the streets, highways or passages, to beg in the cities or towns where they respectively dwell, and all jugglers, and all persons pretending to have skill in physiognomy, palmistry, or like crafty science, or pretending to tell fortunes, or to discover where lost goods may be found; ... shall be deemed and adjudged disorderly persons.

What is a juggler? It used to be that a person skilled in sleight of hand was called a juggler, whereas today we would call them a "sleight of hand magician." Thus, a "juggler" was a con man; someone using his 'stage magic' talents to defraud. [15]

But what if you weren't pretending to discover lost goods? What if you actually had a gift where you "could discern things invisible to the natural eye" Could you then be judged guilty of this statute?

How many witnesses testified?

As far as the number of witnesses we have the following:

  1. Benton (1831): not mentioned
  2. Cowdery (1835): not mentioned
  3. Marshall (1873): Five quoted, charges for seven witnesses
  4. Tuttle (1882): Six
  5. Purple (1877): Four
  6. Constable Philip De Zeng: Twelve

What is particularly interesting here is that Tuttle and Marshall are supposedly quoting from the same document. Marshall only quotes 5 witnesses, but at the end, the charges are listed for seven witnesses. The fee was 12-1/2 cents per witness. Eighty-seven and ½ cents divided by twelve ½ cents per witness, gives us seven witnesses. By combining the Purple and Pearsall accounts we can arrive at seven witnesses, and also a motive for not including all the witnesses or letting the record be examined. It is unknown why the constable would have listed twelve witnesses, unless that is the number he summoned to the proceedings. Seven would seem to be the correct number of those that testified.

What witness is excluded from some accounts?

Purple does add a witness that hadn't been included by Marshall or Tuttle: Joseph Smith, Sr. Maybe they didn't want to include the testimony of Joseph's father because his testimony was more religious in nature. He spoke of Joseph's "wonderful triumphs as a seer", that "both he and his son were mortified that this wonderful power which God had so miraculously given him should be used only in search of filthy lucre," and "he trusted that the Son of Righteousness would some day illumine the heart of the boy, and enable him to see His will concerning him." It is easy to see why this testimony wouldn't be included in a record where you are trying to show that Joseph Smith was a person trying to acquire work as a money digger. Which might be the reason the Tuttle and Marshall omitted the Joseph Smith Sr. testimony.

What verdict was brought against Joseph?

  1. Benton: tried and condemned ... designedly allowed to escape
  2. Cowdery: honorably acquitted
  3. Noble: was condemned, took leg bail
  4. Marshall: guilty?
  5. Tuttle: guilty?
  6. Purple: discharged
  7. Constable De Zeng: not a trial

Noble's statement is hearsay, since there is no evidence that he actually attended this trial. Furthermore, his statement and Benton's statement can't be taken as an indication that Joseph was judged guilty. For example, in Joseph's 1830 trial he was acquitted. The court said that they "find nothing to condemn you, and therefore you are discharged." Then Mr Reid testifies, "They then proceeded to reprimand him severely, not because anything derogatory to his character in any shape had been proven against him by the host of witnesses that had testified during the trial." [16]

The verdict indicated by Marshall and Tuttle is questionable. It seems to be appended as an afterthought. Throughout the document Joseph is referred to as the "prisoner", then after the last testimony, we have one sentence in which he is named a defendant, "And thereupon the Court finds the defendant guilty." Here we have suddenly a declaratory statement that is completely out of character with the rest of the Pearsall document. Also, if this were actually a trial, Joseph wouldn't have testified against himself as the first witness.

The examination was not a trial

Wesley P. Walters has demonstrated that this is not a trial. The Constable's charges of "19 cents attached to the mittimus marks it as the pre-trial 'commitment for want of bail' ...and not the post-trial 'warrant of commitment, on conviction, twenty-five cents." [17]

In the Tanners' anti-Mormon Salt Lake City Messenger, they stated, "Wesley P. Walters had convincingly demonstrated to us that we were dealing with 'an examination.' In a New Conductor Generalis, 1819, page 142, we learn that in an 'examination' the accused is not put under oath but that the witnesses are'" [18]

In all cases but one the witnesses were "sworn", whereas Joseph was examined. Judge Neeley's charges actually uses that precise terminology, "in examination of above cause". Therefore, since this wasn't a trial, one cannot have a guilty verdict.

Summary of testimony

  • Joseph Smith, Jr.: In the Purple account he tells about finding his stone and he exhibits his stone. In the Pearsall record it talks about how Stowell came and got Joseph, "had been employed by said Stowel on his farm, and going to school;" He informed Stowell where to find treasures, and buried coins and that he did it for the previous three years. But Joseph did not solicit and declined having anything to do with the business.
  • Joseph Smith Sr.: This testimony is only in the Purple account. We discussed earlier how he felt this power showed that Joseph was a seer and that Joseph Sr. was mortified by the use of the sacred power and that he hoped that eventually it would get used correctly. Since this testimony puts Joseph in a positive light it is understandable why it wasn't included in the published versions of the Pearsall account.
  • Josiah Stowell: His employer's testimony in the Purple account has Josiah say that Joseph could see 50 feet below the surface, described many circumstances to confirm his words. He said, "do I believe it? No, it is not a matter of belief: I positively know it to be true."
We go to the Pearsall record, for a slightly different account of the Josiah Stowell testimony. It tells how Joseph "looked through stone, and described Josiah Stowel's house and out-houses while at Palmyra, at Simpson Stowel's, correctly; that he had told about a painted tree with a man's hand painted upon it, by means of said stone;" Josiah tells about Joseph's being employed part time. It also contains the part that "he positively knew that the prisoner could tell, and professed the art of seeing those valuable treasures through the medium of said stone." He talked about finding something for Deacon Attelon that looked like gold ore. Josiah talked about Mr. Bacon burying some money and that Joseph described how there was a feather buried with the money. They found the feather but the money was gone. Josiah said that he "had been in company with prisoner digging for gold, and had the most implicit faith in prisoner's skill."

Stowell joined the Church in 1830, and died in full fellowship, planning to join the Saints "in Zion."[19]

  • Horace Stowell: This testimony is only found in the Neely record. It is a short testimony that describes where a chest of dollars was buried in Winchester County and that Joseph marked the size of the chest with leaves on the ground.
  • Arad Stowell: This witness went to see Joseph and wanted Joseph to display his skill. He laid out a book on a cloth. While holding a white stone to a candle, he read the book. Arad said that he was disappointed and went away because to him it was obviously a deception, but he doesn't tell us why he thought it was a deception. It would have been nice if he had told us why he thought that. Was it just that he had his mind made up before he went to see Joseph?

There are only three testimonies that are duplicated in both the Purple and Pearsall accounts. They are Joseph Smith, Josiah Stowel and Jonathan Thompson. In the Purple account Thompson said that he could not remember finding anything of value. He stated that Joseph claimed there was a treasure protected by sacrifice and that they had to be armed by fasting and prayer. They struck the treasure with a shovel. One man placed his hand on the treasure, but it gradually sunk out of reach. Joseph believed there was a lack of faith or devotion that caused the failure. They talked about getting the blood from a lamb and sprinkling it around.

Interestingly, the same witness in the Pearsall record says that Joseph indicated where the treasure was. He looked in the hat and told them how it was situated. An Indian had been killed and buried with the treasure. So this detail matches with the Purple account. The treasure kept settling away. Then Joseph talked about salt that could be found in Bainbridge and described money that Thompson had lost 16 years ago. Joseph described the man that had taken it and what happened to the money. There is nothing mentioned about sacrificing sheep or not having sufficient faith and so forth. The Pearsall record is supposedly a more complete written record, but it doesn't have the bleeding sheep, or fasting and prayer that characterizes the Purple account.

What happened to Josiah Stowell? Did he conclude he had been defrauded after the court hearing?

Stowell joined the Church and died in full fellowship

One biographical encyclopedia noted:

Josiah Stowell (sometimes spelled Stoal) was born in Winchester, New Hampshire, 22 March 1770, and later resided at his farm on the Susquehanna River, about 3.2 miles southwest of the village of South Bainbridge (now Afton). This village was part of the township of Bainbridge (now Afton), Chenango County, New York. In October 1825 Stowell was engaged in digging for reported Spanish treasure in the Ouaquaga (Ouaquagua) Mountains of Harmony, Susquehanna County, Pennsylvania. Hearing that Joseph Smith Jr. of Manchester, Ontario County, New York, had the ability to "discern things invisible to the natural eye," Mr. Stowell visited Joseph and employed him.

The men lodged at the home of Isaac Hale in Harmony. According to Hale, they dug from early November to about 17 November 1825, when successive failures caused them to withdraw to the Stowell farm. While at the Hale home, Joseph Smith had met Isaac's daughter, Emma. He continued to court her while he was employed in New York by Josiah Stowell and Joseph Knight Sr. After Joseph and Emma were married at South Bainbridge on 18 January 1827, Stowell gave the newlyweds a ride to Manchester, where they resided with Joseph's parents.

Stowell and Knight were both houseguests of the Smiths at Manchester on 21-22 September 1827, when Joseph Smith went to the Hill Cumorah and obtained the gold plates from Moroni. Stowell joined the Church in 1830 but did not go west with the Saints when they moved to Ohio in 1831. Josiah Stowell continued to express his belief in the Prophet and the Book of Mormon as indicated in a letter written by his son, Josiah Stowell Jr., to John S. Fullmer in February 1843. He also dictated a letter to the Prophet in Nauvoo on 19 December 1843 and told him of his desire "to come to Zion the next season"; however, conditions prevented his doing so. Josiah Stowell died in Smithboro, Tioga County, New York, on May 12, 1844. He is buried in the Smithboro Cemetery.[20]

Was Joseph Smith found guilty of being a "con man" in 1826?

Claims about Joseph being found guilty of being a "con man" in court usually revolve around either a misunderstanding or misrepresentation of Joseph's 1826 court hearing

Claims that Joseph was a "juggler," or "conjurer" were a common 19th century method of dismissing his prophetic claims via ad hominem. Modern-day claims about him being found to be a "con man" are simply the same attack with updated language, usually bolstered by a misunderstanding or misrepresentation of Joseph's 1826 court hearing.

Joseph's tendency to assume the best of others, even to his own repeated detriment, also argues for his sincerity. One might legitimately claim that Joseph was mistaken about his prophetic claims, but it will not do to claim that he was cynically, knowingly deceiving others for his own gain.

Claims about Joseph being found guilty of being a "con man" in court usually revolve around either a misunderstanding or misrepresentation of Joseph's 1826 court hearing:

Main article:1826 trial for "glasslooking"

Even if one rejects Joseph's claims to divine revelation or special abilities, his conduct still does not match that of a "con man"

  • Con men seek out their marks; Joseph was approached for his help by those who had heard about him
  • Con men travel from place to place, staying one step ahead of the law while defrauding their marks; Joseph was known locally and remained in his local area

Brant Gardner noted:

One very subtle but very important aspect of all of the dealings of the village seers is their relationship with their clients. The true cunning men and wise women were fixtures in the community. They received clients; they did not seek them out. In the cases reported about Sally Chase, her clients came to her. We have four descriptions of Joseph as this kind of village seer; and in each case, the client came to him with his problem....[T]hose who were searching for treasure invited the adept, but the cunning man or wise woman did not actively seek their employ.[21]

Broader character traits that argue against the "con-man hypothesis"

When Joseph's career is examined more broadly, there are other factors which argue for his sincerity. Arguably one character trait which gave Joseph repeated trouble was his willingness to trust others and give them the benefit of the doubt. His striking ability to accept people at face value, never doubting that their motives were as pure as his own, has many exemplars. The case of W.W. Phelps is one.

Phelps had betrayed Joseph and the Church during the Missouri persecutions, and contributed to Joseph's confinement in Liberty Jail. His signature was on the petition that resulted in the extermination order which led to the Saints' murder and dispossession. After receiving a penitent letter from Phelps, Joseph quickly responded

I must say that it is with no ordinary feelings I endeavor to write a few lines to you… I am rejoiced at the privilege granted me… when we read your letter—truly our hearts were melted into tenderness and compassion when we ascertained your resolves… It is true, that we have suffered much in consequence of your behavior… we say it is your privilege to be delivered from the powers of the adversary, be brought into the liberty of God's dear children, and again take your stand among the Saints of the Most High, and by diligence, humility, and love unfeigned, commend yourself to our God, and your God, and to the Church of Jesus Christ…

Believing your confession to be real, and your repentance genuine, I shall be happy once again to give you the right hand of fellowship, and rejoice over the returning prodigal…

"Come on, dear brother, since the war is past, For friends at first, are friends again at last."[22]

So it was that Joseph, while willing to do almost anything―from taking up arms, to petitioning presidents, to launching a campaign of disinformation―to protect the revealed Restoration and the Latter-day Saints, repeatedly opened himself to abuse and worse because of his apparent inability or unwillingness to think the worst of someone in advance of the evidence. Joseph assumed that all men were as purely motivated as he was. "It takes a con to know a con," and Joseph wasn’t a con.[23] If he had been cynically exploiting others, he would have tended to ascribe his own base motives of deception and taking advantage to others, and probably would have been more cautious. But, he did not. Elder B.H. Roberts, a seventy and historian, noted years later that:

[Joseph Smith had] a too implicit trust in [men's] protestations of repentance when overtaken in their sins; a too great tenacity in friendship for men he had once taken into his confidence after they had been proven unworthy of the friendship.…[24]

A prime example of this phenomenon is the case of John C. Bennett. Soon after Bennett's baptism in Nauvoo, Joseph received a letter reporting Bennett's abandonment of wife and children. Joseph knew from personal experience that "it is no uncommon thing for good men to be evil spoken against,"[25] and did nothing precipitous. The accusations against Bennett gained credence when Joseph learned of his attempts to persuade a young woman "that he intended to marry her." Joseph dispatched Hyrum Smith and William Law to make inquiries, and in early July 1841 he learned that Bennett had a wife and children living in the east. Non-LDS sources confirmed Bennett's infidelity: one noted that he "heard it from almost every person in town that [his wife] left him in consequence of his ill treatment of her home and his intimacy with other women." Another source reported that Bennett's wife "declared that she could no longer live with him…it would be the seventh family that he had parted during their union."[26]

When confronted with the evidence privately, Bennett confessed and promised to reform. He did not, though Joseph did not make his sins public until nearly a year later.[27]

See also:John C. Bennett

Other examples of misplaced trust include George M. Hinckle, who sold Joseph out to the Missouri militia (resulting in his near-execution and his imprisonment in Liberty Jail) and William Law, who would help publish the Nauvoo Expositor, a newspaper which called for Joseph's death and contributed to the martyrdom.

Learn more about Joseph Smith: character
Wiki links
FAIR links
  • Don Bradley, "Knowing Brother Joseph: How the Historical Record Demonstrates the Prophet’s Religious Sincerity," Proceedings of the 2023 FAIR Conference (August 2023). link
  • Gregory Smith, "Everything You Always Wanted to Know About Plural Marriage* (*but were afraid to ask)," Proceedings of the 2009 FAIR Conference (August 2009). link
Online
  • Brian C. Hales and Gregory L. Smith, "A Response to Grant Palmer's 'Sexual Allegations against Joseph Smith and the Beginnings of Polygamy in Nauvoo'," Interpreter: A Journal of Mormon Scripture 12/8 (10 October 2014). [183–236] link
Video
  • "Joseph Smith and fraud allegations," BH Roberts Foundation print-link.
Navigators

Source(s) of the criticism—Joseph found guilty of being "a con man"?
Critical sources
Early works that label Joseph a "juggler" or "conjurer"
  • “A hungry lean-faced villain,” The Reflector (Palmyra, New York) 3d series, no. 7 (30 June 1830): xxx. off-site [citation needed]
  • Rev. John Shearer, letter of 18 November 1830; reproduced in Dan Vogel (editor), Early Mormon Documents (Salt Lake City, Signature Books, 1996–2003), 5 vols, 4:92-93.
  • “Gold Bible, No. 5,” The Reflector (Palmyra, New York) 2, no. 14 (28 February 1831): ??. off-site [citation needed]
  • A.W.B. [Abraham W. Benton], “Mormonites,” Evangelical Magazine and Gospel Advocate 2/15 (Utica, New York) (9 April 1831): 1.
    "Although [Joseph] constantly failed in his pretensions, still he had his dupes who put implicit confidence in all his words....It is reported, and probably true, that he commenced his juggling by stealing and hiding property belonging to his neighbors, and when inquiry was made, he would look in his wone (his gift and power) and tell where it was."
  • Eber D. Howe, Mormonism Unvailed (Painesville, OH, 1834), 16. (Affidavits examined)

Later works that use the modern terms "con man," "confidence man," or "con game"

  • Harry M. Beardsley, Joseph Smith and His Mormon Empire (Boston, New York: Houghton Mifflin Company, 1931), 43.
  • Wesley P. Walters, "Joseph Smith's Bainbridge, N.Y., Court Trials," Westminster Theological Journal 36/2 (Winter 1974): 141.
  • Wesley P. Walters, "From Occult to Cult With Joseph Smith, Jr.," Journal of Pastoral Practice 1/2 (Summer 1977): 122.
  • Kenneth H. Winn, Exiles in a Land of Liberty : Mormons in America, 1830–1846 (Chapel Hill : University of North Carolina Press, 1989), 82, see also index. ISBN 0807818291
  • David Persuitte, Joseph Smith and the Origins of The Book of Mormon (2nd edition), (McFarland & Company, October 2000), 37 ( Index of claims )
  • Craig Criddle, "Sidney Rigdon:Creating the Book of Mormon," e-paper, sidneyrigdon.com (originally published 8 October 2005; revised 15 Mar 2009), sec 2., part 6.
  • Dale R. Broadhurst, "Joseph Smith: Nineteenth Century Con Man?" sidneyrigdon.com (web paper, accessed 12 November 2010).

Source(s) of the criticism—Joseph's 1826 trial
Critical sources

Notes

  1. See 1 Timothy 6:15; Revelation 17:14; 19:16
  2. Andrew F. Ehat, "'It Seems Like Heaven Began on Earth': Joseph Smith and the Constitution of the Kingdom of God," Brigham Young University Studies 20 no. 3 (1980), 260-61.
  3. Gordon A. Madsen, "Joseph Smith's 1826 Trial: The Legal Setting," Brigham Young University Studies 30 no. 2 (1990), 106.
  4. Lucy Mack Smith, Biographical Sketches of Joseph Smith the Prophet, and His Progenitors for Many Generations (Liverpool, S.W. Richards, 1853), 103.
  5. Dan Vogel (editor), Early Mormon Documents (Salt Lake City, Signature Books, 1996–2003), 5 vols, 4:252–253.
  6. Lucy Mack Smith, Biographical Sketches of Joseph Smith the Prophet, and His Progenitors for Many Generations (Liverpool, S.W. Richards, 1853), 103.
  7. H. Michael Marquardt and Wesley P. Walters, Inventing Mormonism: Tradition and the Historical Record (Salt Lake City, Utah: Smith Research Associates [distributed by Signature Books], 1994), 227.
  8. Francis Kirkham, A New Witness for Christ in America: The Book of Mormon, 2 vols., (Salt Lake City: Utah Printing, 1959[1942]), 1:479. ASIN B000HMY138.
  9. Dan Vogel (editor), Early Mormon Documents (Salt Lake City, Signature Books, 1996–2003), 5 vols, 4:248–249..
  10. Anonymous, "Highlights in the Prophet’s Life," Ensign (Jun 1994): 24. off-site
  11. Wesley P. Walters, "Joseph Smith's Bainbridge, N.Y. Court Trials," The Westminster Theological Journal 36:2 (1974), 153.
  12. D. Michael Quinn, Early Mormonism and the Magic World View, revised and enlarged edition, (Salt Lake City: Signature Books, 1998), 30 ( Index of claims )
  13. Quinn, 5
  14. Wesley P. Walters, "Joseph Smith's Bainbridge, N.Y. Court Trials," The Westminster Theological Journal 36:2 (1974), 141–142.
  15. Note too D. Michael Quinn's efforts to distort the clear meaning of this statute as discussed in John Gee, "Review of Early Mormonism and the Magic World View, revised and enlarged edition, by D. Michael Quinn," FARMS Review of Books 12/2 (2000): 185–224. [{{{url}}} off-site]. See also FairMormon Answers link here.
  16. Brigham H. Roberts, Comprehensive History of the Church (Provo, Utah: Brigham Young University Press, 1965), 1:211. GospeLink
  17. Wesley P. Walters, "Joseph Smith's Bainbridge, N.Y. Court Trials," The Westminster Theological Journal 36:2 (1974), 140, note 36.
  18. Jerald and Sandra Tanner, Salt Lake City Messenger 68 (July 1988): 9.
  19. Larry C. Porter, "Stowell, Josiah," in Encyclopedia of Latter-day Saint History, edited by Donald Q. Cannon, Richard O. Cowan, Arnold K. Garr (Salt Lake City, Utah : Deseret Book Co., 2000).
  20. Larry C. Porter, "Stowell, Josiah," in Encyclopedia of Latter-day Saint History, edited by Donald Q. Cannon, Richard O. Cowan, Arnold K. Garr (Salt Lake City, Utah : Deseret Book Co., 2000).
  21. Brant A. Gardner, The Gift and Power: Translating the Book of Mormon (Greg Kofford Books, 2011), 82.
  22. Joseph Smith to William W. Phelps, "Dear Brother Phelps, 22 July 1840, Nauvoo, Illinois; cited in History of the Church, [citation needed]:162-164. [citation needed]/1.html&A={{{start}}} Volume [citation needed] link
  23. On the evident sincerity of Joseph in his personal writings, see Paul H. Peterson, "Understanding Joseph: A Review of Published Documentary Sources," in Joseph Smith: The Prophet, the Man, ed. Susan Easton Black and Charles D. Tate (Salt Lake City, Utah: Deseret Book Company, 1988), 109–110.
  24. Brigham H. Roberts, Comprehensive History of the Church (Provo, Utah: Brigham Young University Press, 1965). GospeLink
  25. "To the Church of Jesus Christ of Latter Day Saints, and to All the Honorable Part of the Community," Times and Seasons 3 no. 17 (1 July 1842), 839. off-site GospeLink
  26. History of the Church, 5:35-37. Volume 5 link
  27. For more details, see a discussion of the entire complex Bennett period here in PDF.
Articles about Joseph Smith
Highlights in the Prophet’s Life 20 Mar. 1826: 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.

—Anonymous, "Highlights in the Prophet’s Life," Ensign (Jun 1994): 24. off-site
∗       ∗       ∗


What is Joseph Smith's 1826 South Bainbridge "trial" for "glasslooking"?

Joseph Smith appeared at a pre-trial court hearing in 1826 for "glasslooking"

In 1825 Josiah Stowel sought out the young Joseph Smith, who had a reputation for being able to use his seer stone to locate lost objects, to help him to locate an ancient silver mine. After a few weeks of work, Joseph persuaded Stowel to give up the effort. In 1826, some of Stowel's relatives brought Joseph to court and accused him of "glasslooking" and being a "disorderly person." Several witnesses testified at the hearing.

Joseph was released without being fined or otherwise punished - there was no verdict of "guilty" or "not guilty" because this was only a hearing rather than a trial

Joseph was ultimately released without being fined and had no punishment imposed upon him. Years later, a bill from the judge was discovered which billed for court services.

Gordon Madsen summarized:

"The evidence thus far available about the 1826 trial before Justice Neely leads to the inescapable conclusion that Joseph Smith was acquitted." [1]

A review of all the relevant documents demonstrates that:

  1. The court hearing of 1826 was not a trial, it was an examination
  2. The hearing was likely initiated from religious concerns; i.e. people objected to Joseph's religious claims.
  3. There were seven witnesses.
  4. The witnesses' testimonies have not all been transmitted faithfully.
  5. Most witnesses testified that Joseph did possess a gift of sight

The court hearing was likely initiated by Stowel's relatives as a concern that he was having too much influence on Stowel

It was likely that the court hearing was initiated not so much from a concern about Joseph being a money digger, as concern that Joseph was having an influence on Josiah Stowel. Josiah Stowel was one of the first believers in Joseph Smith. His nephew was probably very concerned about that and was anxious to disrupt their relationship if possible. He did not succeed. The court hearing failed in its purpose, and was only resurrected decades later to accuse Joseph Smith of different crimes to a different people and culture.

Understanding the context of the case removes any threat it may have posed to Joseph's prophetic integrity.

What events resulted in Joseph Smith's 1826 court appearance in South Bainbridge?

Josiah Stowell requested Joseph Smith's help in locating an ancient silver mine

In the spring of 1825 Josiah Stowell visited with Joseph Smith "on account of having heard that he possessed certain keys, by which he could discern things invisible to the natural eye." [2] Josiah Stowell wanted Joseph to help him in his quest to find treasure in an ancient silver mine. Joseph was reluctant, but Stowell persuaded Joseph to come by offering high wages. According to trial documents, Stowell says Joseph, using a seer stone, "Looked through stone and described Josiah Stowell's house and out houses, while at Palmyra at Sampson Stowell's correctly, that he had told about a painted tree with a man's hand painted upon it by means of said stone." [3]

Joseph ultimately persuaded Stowell to give up looking for the mine

Joseph and his father traveled to southern New York in November of 1825. This was after the crops were harvested and Joseph had finished his visit to the Hill Cumorah that year. They participated with Stowell and the company of workers in digging for the mine for less than a month. Finally Joseph persuaded him to stop. "After laboring for the old gentleman about a month, without success, Joseph prevailed upon him to cease his operations." [4]

Joseph continued to work in the area for Stowell and others. He boarded at the home of Isaac Hale and met Emma Hale, who was one "treasure" he got out of the enterprise.

The following year, Stowell's sons or nephew (depending on which account you follow) brought charges against Joseph and he was taken before Justice Neely

In March of the next year, Stowell's sons or nephew (depending on which account you follow) brought charges against Joseph and he was taken before Justice Neely. The supposed trial record came from Miss Pearsall. "The record of the examination was torn from Neely's docket book by his niece, Emily Persall, and taken to Utah when she went to serve as a missionary under Episcopalian bishop Daniel S. Tuttle." [5] This will be identified as the Pearsall account although Neely possessed it after her death. It is interesting that the first published version of this record didn't appear until after Miss Pearsall had died.

Stowell's relatives felt that Joseph was exercising "unlimited control" over their father or uncle

William D. Purple took notes at the trial and tells us, "In February, 1826, the sons of Mr. Stowell, ...were greatly incensed against Smith, ...saw that the youthful seer had unlimited control over the illusions of their sire... They caused the arrest of Smith as a vagrant, without visible means of livelihood." [6]

Whereas the Pearsall account says: "Warrant issued upon oath of Peter G. Bridgman, [Josiah Stowell's nephew] who informed that one Joseph Smith of Bainbridge was a disorderly person and an imposter...brought before court March 20, 1826" [7]

So, we have what has been called "The 1826 Trial of Joseph Smith", even though the records show that this wasn't actually a trial. For many years LDS scholars Francis Kirkham, Hugh Nibley and others expressed serious doubts that such a trial had even taken place.

Why was Joseph fined if he wasn't found guilty of anything?

Joseph was never fined - the bills from Judge Neely and Constable DeZeng were for court costs

The court did not assess a fine against Joseph. There were bills made out by Judge Neely and Constable DeZeng, but these were for costs. Those bills were directed to the County for payment of witnesses, etc., not to Joseph.

Ensign (June 1994): "Highlights in the Prophet’s Life 20 Mar. 1826: Tried and acquitted on fanciful charge of being a "disorderly person," South Bainbridge, Chenango County, New York

Ensign (June 1994):

Highlights in the Prophet’s Life 20 Mar. 1826: 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. [8]

Didn't Hugh Nibley claim that a record of this trial would be "the most damning evidence in existence" against Joseph Smith?

Nibley felt that the "court record" didn't seem to be correct

Hugh Nibley had serious doubts as to whether or not Joseph Smith was actually brought to trial in 1826, and he felt that the only real trial was in 1830. For the most part, Nibley felt that the "court record" didn't seem to be correct. The following quote is taken from Nibley's book "The Myth Makers:"

"if this court record is authentic it is the most damning evidence in existence against Joseph Smith."

Why are the 1971 discoveries important?

It was easy to cast doubt on the reality of the 1826 hearing until the bills from Judge Albert Neely and Constable Philip De Zeng were found in 1971. These documents were removed from their purported site of discovery by Dr. Wesley Walters, a well-known anti-Mormon author.

Walters wrote, "Because the two 1826 bills had not only suffered from dampness, but had severe water damage as well, Mr. Poffarl hand-carried the documents to the Yale University's Beinecke Library, which has one of the best document preservation centers in the country." [9] The problem with this action is, once you have removed a document from a historical setting and then try to restore it to the same setting, you can't prove that you have not altered the document.

The actions of Walters and Poffarl compromised the documents. By having the documents removed and only returned under threat of a lawsuit by the County, it opened the possibility that they could be forged documents. They are generally considered to be authentic.

Nibley's real point at issue is not whether or not there was a trial, but whether or not a record existed proving Joseph guilty of deceit

Since Wesley Walters has found some bills related to the trial, the critics now claim that the case is proven and that Nibley has proven their case for them. Nothing is further from the truth. First of all you need to look at the whole quote. Nibley was chastising Tuttle for not actually using the trial record that he had. He was questioning why he would do that if it was so important.

"You knew its immense value as a weapon against Joseph Smith if its authenticity could be established. And the only way to establish authenticity was to get hold of the record book from which the pages had been purportedly torn. After all, you had only Miss Pearsall's word for it that the book ever existed. Why didn't you immediately send he back to find the book or make every effort to get hold of I? Why didn't you "unearth" it, as they later said you did? . . . The authenticity of the record still rests entirely on the confidential testimony of Miss Pearsall to the Bishop. And who was Miss Pearsall? A zealous old maid, apparently: "a woman helper in our mission," who lived right in the Tuttle home and would do anything to assist her superior. The picture I get is that of a gossipy old housekeeper. If this court record is authentic, it is the most damning evidence in existence against Joseph Smith. Why, then, [speaking to Tuttle] was it not republished in your article in the Schaff-Herzog Encyclopedia of Religious Knowledge after 1891? . . . in 1906 Bishop Tuttle published his Reminiscences of a Missionary Bishop in which he blasts the Mormons as hotly as ever. . . yet in the final summary of his life's experiences he never mentions the story of the court record - his one claim to immortal fame and the gratitude of the human race if it were true!" (Nibley "The Myth Makers", 246)

The Pearsall account, which has never been produced, claims that the defendant was found guilty. The real point at issue is not whether or not there was a trial, but whether or not a record existed proving Joseph guilty of deceit. A document proving such guilt has not been found.

What did critics of the Church during Joseph Smith's lifetime think of the 1826 court hearing?

Critics of Joseph Smith's time ignored the 1826 court hearing

Critics of Joseph Smith's time ignored the 1826 court hearing:

  1. They didn't bring it up in another trial in the same area in 1830.
  2. It was not mentioned in any of the affidavits collected by Hurlbut in 1833, even though he was diligently looking for every piece of dirt he could find.
  3. Although the trial was briefly mentioned in 1831, it was not mentioned again in a published record for 46 years.

The attraction of this event for a later generation of critics, however, lies in the fact that:

  • Society had changed
  • Seer Stones were no longer acceptable
  • Treasure digging was considered abnormal
  • Spiritual gifts were reinterpreted as manifestations of the occult

Many people of the 1800s did not see any differences between what later generations would label as "magic" and religiously-driven activities recorded in the Bible

Many people of the 1800s did not see any differences between what later generations would label as "magic" and religiously-driven activities recorded in the Bible—such as Joseph's silver cup (see Genesis 44:2,5) in which 'he divineth' (which was also practiced by the surrounding pagans and referred to as hydromancy),[10] or the rod of Aaron and its divinely-driven power (Exodus 7:9-12).

The Bible records that Jacob used rods to cause Laban's cattle to produce spotted, and speckled offspring (see Genesis 30:37-39) — one can only imagine what the critics would say should Joseph Smith have attempted such a thing!

In Joseph Smith's own day other Christian leaders were involved in practices which today's critics would call 'occultic'

In Joseph Smith's own day other Christian leaders were involved in practices which today's critics would call 'occultic.' Quinn, for instance, observes that in "1825, a Massachusetts magazine noted with approval that a local clergyman used a forked divining rod.... Similarly, a Methodist minister wrote twenty-three years later that a fellow clergymen in New Jersey had used a divining rod up to the 1830s to locate buried treasure and the 'spirits [that] keep guard over buried coin'...." [11]

Activities of the early 1800s or Biblical times which later generations would view skeptically were simply thought of as part of how the world worked

It is important to realize that every statement about "magic" or the "occult" by LDS authors is a negative one. Joseph and his contemporaries would likely have shocked and dismayed to be charged with practicing "magic." For them, such beliefs were simply how the world worked. Someone might make use of a compass without understanding the principles of magnetism. This mysterious, but apparently effective, device was useful even if its underlying mechanism was not understood. In a similar way, activities of the early 1800s or Biblical times which later generations would view skeptically were simply thought of as part of how the world worked.

But, it is a huge leap from this realization to charging that Joseph and his followers believed they were drawing power from anything but a divine or proper source.

What are the details of Joseph Smith's 1826 "trial" for "glasslooking"?

What records of the court hearing exist?

We have five records of the 1826 hearing. These were published in eight documents.

1. Apr. 9, 1831 - A W. Benton in Evangelical Magazine and Gospel Advocate
2.Oct. 1835 - Oliver Cowdery in Latter-day Saints Messenger and Advocate
3.1842 letter from Joel K. Noble (not published until 1977)
4.Record torn from Judge Neely docket book by Miss Emily Pearsall (niece)

  • Feb. 1873 - Charles Marshall publishes in Frazer's Magazine (London)
  • Apr. 1873 - Frazer's article reprinted in Eclectic Magazine (N.Y.)
  • 1883 - Tuttle article in New Schaff-Herzog Encyclopedia of Religious Knowledge
  • Jan. 1886 - Christian Advocate vol. 2, no. 13 (Salt Lake City, UT)

5. May 3, 1877 - W. D. Purple Chenango Union

It may be that Purple saw the publication in the Eclectic Magazine and that is why he published his account a few years later. There are no complete overlaps in the accounts; we will look at the similarities and differences.

Finally, we have the bills by Judge Neely and Constable Da Zeng which provide some additional useful details.

Document provenance

We don't have the actual record that Miss Pearsall had, but the claimed trail of events leads as follows:

  1. Miss Pearsall tears the record from the docket book of her uncle Judge Neely
  2. She takes the record with her to Utah when she went to work with Bishop Tuttle.
  3. Miss Pearsall dies in 1872.
  4. Charles Marshall copies the record and has it published in Frazer's Magazine in 1873.
  5. Ownership falls to Tuttle after Miss Pearsall's death
  6. Tuttle published in 1883 Schaff-Herzog encyclopedia.
  7. Tuttle gave it to the Methodists who published it in 1886
  8. Then the record was lost.

It will be noticed with interest, that although Bishop Tuttle and others had access to the Pearsall account for several years it was not published until after her death. That combined with the fact that the torn leaves were never allowed to be examined, would cast some doubt on the completeness or accuracy of that which was published.

Do we have a court record?

We know that the supposed "court record" obtained by Miss Pearsall can't be a court record at all.

  1. Misdemeanor trials were not recorded, only felony trials.
  2. No witness signatures—they were required in an official record.
  3. It appears to be a pretrial hearing.
  4. Pretrial hearings cannot deliver guilty verdicts.

Why were the various records made?

This is the reason that the people stated for why they were putting forth this information.

  1. Benton: more complete history of their founder
  2. Cowdery: private character of our brother
  3. Noble: explain the character of the Mormons
  4. Marshal: preserve a piece of information about the prophet
  5. Purple: as a precursor of the advent of the wonder of the age, Mormonism
  6. Tuttle: [to show] In what light he appeared to others
  7. Judge Neely: to collect fees

Unsurprisingly, those who provided these accounts had an agenda. We are not looking at an event through the eyes of an unbiased observer, and most of that bias is directed against Joseph Smith.

Who brought the charges?

If we look at the individuals bringing the charges, we have the following: Benton (1831): The Public Cowdery (1835): very officious person Noble (1842): Civil authority Marshall (1873): Peter G. Bridgman Purple (1877): sons of Mr. Stowell Tuttle (1883): Peter G. Bridgman Judge Neely: The Public

Note that the agreement of Marshall and Tuttle is misleading because they are essentially quoting the same source.

Whether it was Josiah Stowell's sons or his nephew Peter G. Bridgman, it seems to be close family members. We don't know why Peter G. Bridgman brought the charges, but it could easily have been because he was worried that his uncle was accepting Joseph Smith in his religious claims. Josiah did join the church organized by Joseph Smith and stayed faithful his whole life. As for Peter Bridgman, "Within a month after the trial he was licensed as an exhorter by the Methodists and within three years had helped establish the West Bainbridge Methodist Church. Upon his death in 1872 his fellow ministers characterized him as 'an ardent Methodist and any attack upon either the doctrines or the polity of the Methodist Episcopal Church, within his field of labor, was sure to be repelled by him with a vigorous hand." [12]

Is it possible that the trial of Joseph Smith was just one of his first attempts to apply a "vigorous hand?"

What was the charge against Joseph Smith?

The charge is listed in the various accounts as:

  1. Benton (1831): a disorderly person
  2. Cowdery (1835): a disorderly person
  3. Noble (1842): under the Vagrant act
  4. Marshall (1873): a disorderly person and an imposter
  5. Purple (1877): a vagrant, without visible means of livelihood
  6. Tuttle (1882): a disorderly person and an imposter
  7. Judge Neely: a misdemeanor

Hugh Nibley indicated how it would be strange that he could be charged without visible means of livelihood, since he was being employed by Stowell and others.

The portion of the statute that would seem to apply was enacted by New York in 1813.

...all persons who not having wherewith to maintain themselves, live idle without employment, and also all persons who go about from door to door, or place themselves in the streets, highways or passages, to beg in the cities or towns where they respectively dwell, and all jugglers, and all persons pretending to have skill in physiognomy, palmistry, or like crafty science, or pretending to tell fortunes, or to discover where lost goods may be found; ... shall be deemed and adjudged disorderly persons.

What is a juggler? It used to be that a person skilled in sleight of hand was called a juggler, whereas today we would call them a "sleight of hand magician." Thus, a "juggler" was a con man; someone using his 'stage magic' talents to defraud. [13]

But what if you weren't pretending to discover lost goods? What if you actually had a gift where you "could discern things invisible to the natural eye" Could you then be judged guilty of this statute?

How many witnesses testified?

As far as the number of witnesses we have the following:

  1. Benton (1831): not mentioned
  2. Cowdery (1835): not mentioned
  3. Marshall (1873): Five quoted, charges for seven witnesses
  4. Tuttle (1882): Six
  5. Purple (1877): Four
  6. Constable Philip De Zeng: Twelve

What is particularly interesting here is that Tuttle and Marshall are supposedly quoting from the same document. Marshall only quotes 5 witnesses, but at the end, the charges are listed for seven witnesses. The fee was 12-1/2 cents per witness. Eighty-seven and ½ cents divided by twelve ½ cents per witness, gives us seven witnesses. By combining the Purple and Pearsall accounts we can arrive at seven witnesses, and also a motive for not including all the witnesses or letting the record be examined. It is unknown why the constable would have listed twelve witnesses, unless that is the number he summoned to the proceedings. Seven would seem to be the correct number of those that testified.

What witness is excluded from some accounts?

Purple does add a witness that hadn't been included by Marshall or Tuttle: Joseph Smith, Sr. Maybe they didn't want to include the testimony of Joseph's father because his testimony was more religious in nature. He spoke of Joseph's "wonderful triumphs as a seer", that "both he and his son were mortified that this wonderful power which God had so miraculously given him should be used only in search of filthy lucre," and "he trusted that the Son of Righteousness would some day illumine the heart of the boy, and enable him to see His will concerning him." It is easy to see why this testimony wouldn't be included in a record where you are trying to show that Joseph Smith was a person trying to acquire work as a money digger. Which might be the reason the Tuttle and Marshall omitted the Joseph Smith Sr. testimony.

What verdict was brought against Joseph?

  1. Benton: tried and condemned ... designedly allowed to escape
  2. Cowdery: honorably acquitted
  3. Noble: was condemned, took leg bail
  4. Marshall: guilty?
  5. Tuttle: guilty?
  6. Purple: discharged
  7. Constable De Zeng: not a trial

Noble's statement is hearsay, since there is no evidence that he actually attended this trial. Furthermore, his statement and Benton's statement can't be taken as an indication that Joseph was judged guilty. For example, in Joseph's 1830 trial he was acquitted. The court said that they "find nothing to condemn you, and therefore you are discharged." Then Mr Reid testifies, "They then proceeded to reprimand him severely, not because anything derogatory to his character in any shape had been proven against him by the host of witnesses that had testified during the trial." [14]

The verdict indicated by Marshall and Tuttle is questionable. It seems to be appended as an afterthought. Throughout the document Joseph is referred to as the "prisoner", then after the last testimony, we have one sentence in which he is named a defendant, "And thereupon the Court finds the defendant guilty." Here we have suddenly a declaratory statement that is completely out of character with the rest of the Pearsall document. Also, if this were actually a trial, Joseph wouldn't have testified against himself as the first witness.

The examination was not a trial

Wesley P. Walters has demonstrated that this is not a trial. The Constable's charges of "19 cents attached to the mittimus marks it as the pre-trial 'commitment for want of bail' ...and not the post-trial 'warrant of commitment, on conviction, twenty-five cents." [15]

In the Tanners' anti-Mormon Salt Lake City Messenger, they stated, "Wesley P. Walters had convincingly demonstrated to us that we were dealing with 'an examination.' In a New Conductor Generalis, 1819, page 142, we learn that in an 'examination' the accused is not put under oath but that the witnesses are'" [16]

In all cases but one the witnesses were "sworn", whereas Joseph was examined. Judge Neeley's charges actually uses that precise terminology, "in examination of above cause". Therefore, since this wasn't a trial, one cannot have a guilty verdict.

Summary of testimony

  • Joseph Smith, Jr.: In the Purple account he tells about finding his stone and he exhibits his stone. In the Pearsall record it talks about how Stowell came and got Joseph, "had been employed by said Stowel on his farm, and going to school;" He informed Stowell where to find treasures, and buried coins and that he did it for the previous three years. But Joseph did not solicit and declined having anything to do with the business.
  • Joseph Smith Sr.: This testimony is only in the Purple account. We discussed earlier how he felt this power showed that Joseph was a seer and that Joseph Sr. was mortified by the use of the sacred power and that he hoped that eventually it would get used correctly. Since this testimony puts Joseph in a positive light it is understandable why it wasn't included in the published versions of the Pearsall account.
  • Josiah Stowell: His employer's testimony in the Purple account has Josiah say that Joseph could see 50 feet below the surface, described many circumstances to confirm his words. He said, "do I believe it? No, it is not a matter of belief: I positively know it to be true."
We go to the Pearsall record, for a slightly different account of the Josiah Stowell testimony. It tells how Joseph "looked through stone, and described Josiah Stowel's house and out-houses while at Palmyra, at Simpson Stowel's, correctly; that he had told about a painted tree with a man's hand painted upon it, by means of said stone;" Josiah tells about Joseph's being employed part time. It also contains the part that "he positively knew that the prisoner could tell, and professed the art of seeing those valuable treasures through the medium of said stone." He talked about finding something for Deacon Attelon that looked like gold ore. Josiah talked about Mr. Bacon burying some money and that Joseph described how there was a feather buried with the money. They found the feather but the money was gone. Josiah said that he "had been in company with prisoner digging for gold, and had the most implicit faith in prisoner's skill."

Stowell joined the Church in 1830, and died in full fellowship, planning to join the Saints "in Zion."[17]

  • Horace Stowell: This testimony is only found in the Neely record. It is a short testimony that describes where a chest of dollars was buried in Winchester County and that Joseph marked the size of the chest with leaves on the ground.
  • Arad Stowell: This witness went to see Joseph and wanted Joseph to display his skill. He laid out a book on a cloth. While holding a white stone to a candle, he read the book. Arad said that he was disappointed and went away because to him it was obviously a deception, but he doesn't tell us why he thought it was a deception. It would have been nice if he had told us why he thought that. Was it just that he had his mind made up before he went to see Joseph?

There are only three testimonies that are duplicated in both the Purple and Pearsall accounts. They are Joseph Smith, Josiah Stowel and Jonathan Thompson. In the Purple account Thompson said that he could not remember finding anything of value. He stated that Joseph claimed there was a treasure protected by sacrifice and that they had to be armed by fasting and prayer. They struck the treasure with a shovel. One man placed his hand on the treasure, but it gradually sunk out of reach. Joseph believed there was a lack of faith or devotion that caused the failure. They talked about getting the blood from a lamb and sprinkling it around.

Interestingly, the same witness in the Pearsall record says that Joseph indicated where the treasure was. He looked in the hat and told them how it was situated. An Indian had been killed and buried with the treasure. So this detail matches with the Purple account. The treasure kept settling away. Then Joseph talked about salt that could be found in Bainbridge and described money that Thompson had lost 16 years ago. Joseph described the man that had taken it and what happened to the money. There is nothing mentioned about sacrificing sheep or not having sufficient faith and so forth. The Pearsall record is supposedly a more complete written record, but it doesn't have the bleeding sheep, or fasting and prayer that characterizes the Purple account.

What happened to Josiah Stowell? Did he conclude he had been defrauded after the court hearing?

Stowell joined the Church and died in full fellowship

One biographical encyclopedia noted:

Josiah Stowell (sometimes spelled Stoal) was born in Winchester, New Hampshire, 22 March 1770, and later resided at his farm on the Susquehanna River, about 3.2 miles southwest of the village of South Bainbridge (now Afton). This village was part of the township of Bainbridge (now Afton), Chenango County, New York. In October 1825 Stowell was engaged in digging for reported Spanish treasure in the Ouaquaga (Ouaquagua) Mountains of Harmony, Susquehanna County, Pennsylvania. Hearing that Joseph Smith Jr. of Manchester, Ontario County, New York, had the ability to "discern things invisible to the natural eye," Mr. Stowell visited Joseph and employed him.

The men lodged at the home of Isaac Hale in Harmony. According to Hale, they dug from early November to about 17 November 1825, when successive failures caused them to withdraw to the Stowell farm. While at the Hale home, Joseph Smith had met Isaac's daughter, Emma. He continued to court her while he was employed in New York by Josiah Stowell and Joseph Knight Sr. After Joseph and Emma were married at South Bainbridge on 18 January 1827, Stowell gave the newlyweds a ride to Manchester, where they resided with Joseph's parents.

Stowell and Knight were both houseguests of the Smiths at Manchester on 21-22 September 1827, when Joseph Smith went to the Hill Cumorah and obtained the gold plates from Moroni. Stowell joined the Church in 1830 but did not go west with the Saints when they moved to Ohio in 1831. Josiah Stowell continued to express his belief in the Prophet and the Book of Mormon as indicated in a letter written by his son, Josiah Stowell Jr., to John S. Fullmer in February 1843. He also dictated a letter to the Prophet in Nauvoo on 19 December 1843 and told him of his desire "to come to Zion the next season"; however, conditions prevented his doing so. Josiah Stowell died in Smithboro, Tioga County, New York, on May 12, 1844. He is buried in the Smithboro Cemetery.[18]

Was Joseph Smith found guilty of being a "con man" in 1826?

Claims about Joseph being found guilty of being a "con man" in court usually revolve around either a misunderstanding or misrepresentation of Joseph's 1826 court hearing

Claims that Joseph was a "juggler," or "conjurer" were a common 19th century method of dismissing his prophetic claims via ad hominem. Modern-day claims about him being found to be a "con man" are simply the same attack with updated language, usually bolstered by a misunderstanding or misrepresentation of Joseph's 1826 court hearing.

Joseph's tendency to assume the best of others, even to his own repeated detriment, also argues for his sincerity. One might legitimately claim that Joseph was mistaken about his prophetic claims, but it will not do to claim that he was cynically, knowingly deceiving others for his own gain.

Claims about Joseph being found guilty of being a "con man" in court usually revolve around either a misunderstanding or misrepresentation of Joseph's 1826 court hearing:

Main article:1826 trial for "glasslooking"

Even if one rejects Joseph's claims to divine revelation or special abilities, his conduct still does not match that of a "con man"

  • Con men seek out their marks; Joseph was approached for his help by those who had heard about him
  • Con men travel from place to place, staying one step ahead of the law while defrauding their marks; Joseph was known locally and remained in his local area

Brant Gardner noted:

One very subtle but very important aspect of all of the dealings of the village seers is their relationship with their clients. The true cunning men and wise women were fixtures in the community. They received clients; they did not seek them out. In the cases reported about Sally Chase, her clients came to her. We have four descriptions of Joseph as this kind of village seer; and in each case, the client came to him with his problem....[T]hose who were searching for treasure invited the adept, but the cunning man or wise woman did not actively seek their employ.[19]

Broader character traits that argue against the "con-man hypothesis"

When Joseph's career is examined more broadly, there are other factors which argue for his sincerity. Arguably one character trait which gave Joseph repeated trouble was his willingness to trust others and give them the benefit of the doubt. His striking ability to accept people at face value, never doubting that their motives were as pure as his own, has many exemplars. The case of W.W. Phelps is one.

Phelps had betrayed Joseph and the Church during the Missouri persecutions, and contributed to Joseph's confinement in Liberty Jail. His signature was on the petition that resulted in the extermination order which led to the Saints' murder and dispossession. After receiving a penitent letter from Phelps, Joseph quickly responded

I must say that it is with no ordinary feelings I endeavor to write a few lines to you… I am rejoiced at the privilege granted me… when we read your letter—truly our hearts were melted into tenderness and compassion when we ascertained your resolves… It is true, that we have suffered much in consequence of your behavior… we say it is your privilege to be delivered from the powers of the adversary, be brought into the liberty of God's dear children, and again take your stand among the Saints of the Most High, and by diligence, humility, and love unfeigned, commend yourself to our God, and your God, and to the Church of Jesus Christ…

Believing your confession to be real, and your repentance genuine, I shall be happy once again to give you the right hand of fellowship, and rejoice over the returning prodigal…

"Come on, dear brother, since the war is past, For friends at first, are friends again at last."[20]

So it was that Joseph, while willing to do almost anything―from taking up arms, to petitioning presidents, to launching a campaign of disinformation―to protect the revealed Restoration and the Latter-day Saints, repeatedly opened himself to abuse and worse because of his apparent inability or unwillingness to think the worst of someone in advance of the evidence. Joseph assumed that all men were as purely motivated as he was. "It takes a con to know a con," and Joseph wasn’t a con.[21] If he had been cynically exploiting others, he would have tended to ascribe his own base motives of deception and taking advantage to others, and probably would have been more cautious. But, he did not. Elder B.H. Roberts, a seventy and historian, noted years later that:

[Joseph Smith had] a too implicit trust in [men's] protestations of repentance when overtaken in their sins; a too great tenacity in friendship for men he had once taken into his confidence after they had been proven unworthy of the friendship.…[22]

A prime example of this phenomenon is the case of John C. Bennett. Soon after Bennett's baptism in Nauvoo, Joseph received a letter reporting Bennett's abandonment of wife and children. Joseph knew from personal experience that "it is no uncommon thing for good men to be evil spoken against,"[23] and did nothing precipitous. The accusations against Bennett gained credence when Joseph learned of his attempts to persuade a young woman "that he intended to marry her." Joseph dispatched Hyrum Smith and William Law to make inquiries, and in early July 1841 he learned that Bennett had a wife and children living in the east. Non-LDS sources confirmed Bennett's infidelity: one noted that he "heard it from almost every person in town that [his wife] left him in consequence of his ill treatment of her home and his intimacy with other women." Another source reported that Bennett's wife "declared that she could no longer live with him…it would be the seventh family that he had parted during their union."[24]

When confronted with the evidence privately, Bennett confessed and promised to reform. He did not, though Joseph did not make his sins public until nearly a year later.[25]

See also:John C. Bennett

Other examples of misplaced trust include George M. Hinckle, who sold Joseph out to the Missouri militia (resulting in his near-execution and his imprisonment in Liberty Jail) and William Law, who would help publish the Nauvoo Expositor, a newspaper which called for Joseph's death and contributed to the martyrdom.

Learn more about Joseph Smith: character
Wiki links
FAIR links
  • Don Bradley, "Knowing Brother Joseph: How the Historical Record Demonstrates the Prophet’s Religious Sincerity," Proceedings of the 2023 FAIR Conference (August 2023). link
  • Gregory Smith, "Everything You Always Wanted to Know About Plural Marriage* (*but were afraid to ask)," Proceedings of the 2009 FAIR Conference (August 2009). link
Online
  • Brian C. Hales and Gregory L. Smith, "A Response to Grant Palmer's 'Sexual Allegations against Joseph Smith and the Beginnings of Polygamy in Nauvoo'," Interpreter: A Journal of Mormon Scripture 12/8 (10 October 2014). [183–236] link
Video
  • "Joseph Smith and fraud allegations," BH Roberts Foundation print-link.
Navigators

Source(s) of the criticism—Joseph found guilty of being "a con man"?
Critical sources
Early works that label Joseph a "juggler" or "conjurer"
  • “A hungry lean-faced villain,” The Reflector (Palmyra, New York) 3d series, no. 7 (30 June 1830): xxx. off-site [citation needed]
  • Rev. John Shearer, letter of 18 November 1830; reproduced in Dan Vogel (editor), Early Mormon Documents (Salt Lake City, Signature Books, 1996–2003), 5 vols, 4:92-93.
  • “Gold Bible, No. 5,” The Reflector (Palmyra, New York) 2, no. 14 (28 February 1831): ??. off-site [citation needed]
  • A.W.B. [Abraham W. Benton], “Mormonites,” Evangelical Magazine and Gospel Advocate 2/15 (Utica, New York) (9 April 1831): 1.
    "Although [Joseph] constantly failed in his pretensions, still he had his dupes who put implicit confidence in all his words....It is reported, and probably true, that he commenced his juggling by stealing and hiding property belonging to his neighbors, and when inquiry was made, he would look in his wone (his gift and power) and tell where it was."
  • Eber D. Howe, Mormonism Unvailed (Painesville, OH, 1834), 16. (Affidavits examined)

Later works that use the modern terms "con man," "confidence man," or "con game"

  • Harry M. Beardsley, Joseph Smith and His Mormon Empire (Boston, New York: Houghton Mifflin Company, 1931), 43.
  • Wesley P. Walters, "Joseph Smith's Bainbridge, N.Y., Court Trials," Westminster Theological Journal 36/2 (Winter 1974): 141.
  • Wesley P. Walters, "From Occult to Cult With Joseph Smith, Jr.," Journal of Pastoral Practice 1/2 (Summer 1977): 122.
  • Kenneth H. Winn, Exiles in a Land of Liberty : Mormons in America, 1830–1846 (Chapel Hill : University of North Carolina Press, 1989), 82, see also index. ISBN 0807818291
  • David Persuitte, Joseph Smith and the Origins of The Book of Mormon (2nd edition), (McFarland & Company, October 2000), 37 ( Index of claims )
  • Craig Criddle, "Sidney Rigdon:Creating the Book of Mormon," e-paper, sidneyrigdon.com (originally published 8 October 2005; revised 15 Mar 2009), sec 2., part 6.
  • Dale R. Broadhurst, "Joseph Smith: Nineteenth Century Con Man?" sidneyrigdon.com (web paper, accessed 12 November 2010).

Source(s) of the criticism—Joseph's 1826 trial
Critical sources

Notes

  1. Gordon A. Madsen, "Joseph Smith's 1826 Trial: The Legal Setting," Brigham Young University Studies 30 no. 2 (1990), 106.
  2. Lucy Mack Smith, Biographical Sketches of Joseph Smith the Prophet, and His Progenitors for Many Generations (Liverpool, S.W. Richards, 1853), 103.
  3. Dan Vogel (editor), Early Mormon Documents (Salt Lake City, Signature Books, 1996–2003), 5 vols, 4:252–253.
  4. Lucy Mack Smith, Biographical Sketches of Joseph Smith the Prophet, and His Progenitors for Many Generations (Liverpool, S.W. Richards, 1853), 103.
  5. H. Michael Marquardt and Wesley P. Walters, Inventing Mormonism: Tradition and the Historical Record (Salt Lake City, Utah: Smith Research Associates [distributed by Signature Books], 1994), 227.
  6. Francis Kirkham, A New Witness for Christ in America: The Book of Mormon, 2 vols., (Salt Lake City: Utah Printing, 1959[1942]), 1:479. ASIN B000HMY138.
  7. Dan Vogel (editor), Early Mormon Documents (Salt Lake City, Signature Books, 1996–2003), 5 vols, 4:248–249..
  8. Anonymous, "Highlights in the Prophet’s Life," Ensign (Jun 1994): 24. off-site
  9. Wesley P. Walters, "Joseph Smith's Bainbridge, N.Y. Court Trials," The Westminster Theological Journal 36:2 (1974), 153.
  10. D. Michael Quinn, Early Mormonism and the Magic World View, revised and enlarged edition, (Salt Lake City: Signature Books, 1998), 30 ( Index of claims )
  11. Quinn, 5
  12. Wesley P. Walters, "Joseph Smith's Bainbridge, N.Y. Court Trials," The Westminster Theological Journal 36:2 (1974), 141–142.
  13. Note too D. Michael Quinn's efforts to distort the clear meaning of this statute as discussed in John Gee, "Review of Early Mormonism and the Magic World View, revised and enlarged edition, by D. Michael Quinn," FARMS Review of Books 12/2 (2000): 185–224. [{{{url}}} off-site]. See also FairMormon Answers link here.
  14. Brigham H. Roberts, Comprehensive History of the Church (Provo, Utah: Brigham Young University Press, 1965), 1:211. GospeLink
  15. Wesley P. Walters, "Joseph Smith's Bainbridge, N.Y. Court Trials," The Westminster Theological Journal 36:2 (1974), 140, note 36.
  16. Jerald and Sandra Tanner, Salt Lake City Messenger 68 (July 1988): 9.
  17. Larry C. Porter, "Stowell, Josiah," in Encyclopedia of Latter-day Saint History, edited by Donald Q. Cannon, Richard O. Cowan, Arnold K. Garr (Salt Lake City, Utah : Deseret Book Co., 2000).
  18. Larry C. Porter, "Stowell, Josiah," in Encyclopedia of Latter-day Saint History, edited by Donald Q. Cannon, Richard O. Cowan, Arnold K. Garr (Salt Lake City, Utah : Deseret Book Co., 2000).
  19. Brant A. Gardner, The Gift and Power: Translating the Book of Mormon (Greg Kofford Books, 2011), 82.
  20. Joseph Smith to William W. Phelps, "Dear Brother Phelps, 22 July 1840, Nauvoo, Illinois; cited in History of the Church, [citation needed]:162-164. [citation needed]/1.html&A={{{start}}} Volume [citation needed] link
  21. On the evident sincerity of Joseph in his personal writings, see Paul H. Peterson, "Understanding Joseph: A Review of Published Documentary Sources," in Joseph Smith: The Prophet, the Man, ed. Susan Easton Black and Charles D. Tate (Salt Lake City, Utah: Deseret Book Company, 1988), 109–110.
  22. Brigham H. Roberts, Comprehensive History of the Church (Provo, Utah: Brigham Young University Press, 1965). GospeLink
  23. "To the Church of Jesus Christ of Latter Day Saints, and to All the Honorable Part of the Community," Times and Seasons 3 no. 17 (1 July 1842), 839. off-site GospeLink
  24. History of the Church, 5:35-37. Volume 5 link
  25. For more details, see a discussion of the entire complex Bennett period here in PDF.
Articles about Joseph Smith
Highlights in the Prophet’s Life 20 Mar. 1826: 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.

—Anonymous, "Highlights in the Prophet’s Life," Ensign (Jun 1994): 24. off-site
∗       ∗       ∗


What is Joseph Smith's 1826 South Bainbridge "trial" for "glasslooking"?

Joseph Smith appeared at a pre-trial court hearing in 1826 for "glasslooking"

In 1825 Josiah Stowel sought out the young Joseph Smith, who had a reputation for being able to use his seer stone to locate lost objects, to help him to locate an ancient silver mine. After a few weeks of work, Joseph persuaded Stowel to give up the effort. In 1826, some of Stowel's relatives brought Joseph to court and accused him of "glasslooking" and being a "disorderly person." Several witnesses testified at the hearing.

Joseph was released without being fined or otherwise punished - there was no verdict of "guilty" or "not guilty" because this was only a hearing rather than a trial

Joseph was ultimately released without being fined and had no punishment imposed upon him. Years later, a bill from the judge was discovered which billed for court services.

Gordon Madsen summarized:

"The evidence thus far available about the 1826 trial before Justice Neely leads to the inescapable conclusion that Joseph Smith was acquitted." [1]

A review of all the relevant documents demonstrates that:

  1. The court hearing of 1826 was not a trial, it was an examination
  2. The hearing was likely initiated from religious concerns; i.e. people objected to Joseph's religious claims.
  3. There were seven witnesses.
  4. The witnesses' testimonies have not all been transmitted faithfully.
  5. Most witnesses testified that Joseph did possess a gift of sight

The court hearing was likely initiated by Stowel's relatives as a concern that he was having too much influence on Stowel

It was likely that the court hearing was initiated not so much from a concern about Joseph being a money digger, as concern that Joseph was having an influence on Josiah Stowel. Josiah Stowel was one of the first believers in Joseph Smith. His nephew was probably very concerned about that and was anxious to disrupt their relationship if possible. He did not succeed. The court hearing failed in its purpose, and was only resurrected decades later to accuse Joseph Smith of different crimes to a different people and culture.

Understanding the context of the case removes any threat it may have posed to Joseph's prophetic integrity.

What events resulted in Joseph Smith's 1826 court appearance in South Bainbridge?

Josiah Stowell requested Joseph Smith's help in locating an ancient silver mine

In the spring of 1825 Josiah Stowell visited with Joseph Smith "on account of having heard that he possessed certain keys, by which he could discern things invisible to the natural eye." [2] Josiah Stowell wanted Joseph to help him in his quest to find treasure in an ancient silver mine. Joseph was reluctant, but Stowell persuaded Joseph to come by offering high wages. According to trial documents, Stowell says Joseph, using a seer stone, "Looked through stone and described Josiah Stowell's house and out houses, while at Palmyra at Sampson Stowell's correctly, that he had told about a painted tree with a man's hand painted upon it by means of said stone." [3]

Joseph ultimately persuaded Stowell to give up looking for the mine

Joseph and his father traveled to southern New York in November of 1825. This was after the crops were harvested and Joseph had finished his visit to the Hill Cumorah that year. They participated with Stowell and the company of workers in digging for the mine for less than a month. Finally Joseph persuaded him to stop. "After laboring for the old gentleman about a month, without success, Joseph prevailed upon him to cease his operations." [4]

Joseph continued to work in the area for Stowell and others. He boarded at the home of Isaac Hale and met Emma Hale, who was one "treasure" he got out of the enterprise.

The following year, Stowell's sons or nephew (depending on which account you follow) brought charges against Joseph and he was taken before Justice Neely

In March of the next year, Stowell's sons or nephew (depending on which account you follow) brought charges against Joseph and he was taken before Justice Neely. The supposed trial record came from Miss Pearsall. "The record of the examination was torn from Neely's docket book by his niece, Emily Persall, and taken to Utah when she went to serve as a missionary under Episcopalian bishop Daniel S. Tuttle." [5] This will be identified as the Pearsall account although Neely possessed it after her death. It is interesting that the first published version of this record didn't appear until after Miss Pearsall had died.

Stowell's relatives felt that Joseph was exercising "unlimited control" over their father or uncle

William D. Purple took notes at the trial and tells us, "In February, 1826, the sons of Mr. Stowell, ...were greatly incensed against Smith, ...saw that the youthful seer had unlimited control over the illusions of their sire... They caused the arrest of Smith as a vagrant, without visible means of livelihood." [6]

Whereas the Pearsall account says: "Warrant issued upon oath of Peter G. Bridgman, [Josiah Stowell's nephew] who informed that one Joseph Smith of Bainbridge was a disorderly person and an imposter...brought before court March 20, 1826" [7]

So, we have what has been called "The 1826 Trial of Joseph Smith", even though the records show that this wasn't actually a trial. For many years LDS scholars Francis Kirkham, Hugh Nibley and others expressed serious doubts that such a trial had even taken place.

Why was Joseph fined if he wasn't found guilty of anything?

Joseph was never fined - the bills from Judge Neely and Constable DeZeng were for court costs

The court did not assess a fine against Joseph. There were bills made out by Judge Neely and Constable DeZeng, but these were for costs. Those bills were directed to the County for payment of witnesses, etc., not to Joseph.

Ensign (June 1994): "Highlights in the Prophet’s Life 20 Mar. 1826: Tried and acquitted on fanciful charge of being a "disorderly person," South Bainbridge, Chenango County, New York

Ensign (June 1994):

Highlights in the Prophet’s Life 20 Mar. 1826: 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. [8]

Didn't Hugh Nibley claim that a record of this trial would be "the most damning evidence in existence" against Joseph Smith?

Nibley felt that the "court record" didn't seem to be correct

Hugh Nibley had serious doubts as to whether or not Joseph Smith was actually brought to trial in 1826, and he felt that the only real trial was in 1830. For the most part, Nibley felt that the "court record" didn't seem to be correct. The following quote is taken from Nibley's book "The Myth Makers:"

"if this court record is authentic it is the most damning evidence in existence against Joseph Smith."

Why are the 1971 discoveries important?

It was easy to cast doubt on the reality of the 1826 hearing until the bills from Judge Albert Neely and Constable Philip De Zeng were found in 1971. These documents were removed from their purported site of discovery by Dr. Wesley Walters, a well-known anti-Mormon author.

Walters wrote, "Because the two 1826 bills had not only suffered from dampness, but had severe water damage as well, Mr. Poffarl hand-carried the documents to the Yale University's Beinecke Library, which has one of the best document preservation centers in the country." [9] The problem with this action is, once you have removed a document from a historical setting and then try to restore it to the same setting, you can't prove that you have not altered the document.

The actions of Walters and Poffarl compromised the documents. By having the documents removed and only returned under threat of a lawsuit by the County, it opened the possibility that they could be forged documents. They are generally considered to be authentic.

Nibley's real point at issue is not whether or not there was a trial, but whether or not a record existed proving Joseph guilty of deceit

Since Wesley Walters has found some bills related to the trial, the critics now claim that the case is proven and that Nibley has proven their case for them. Nothing is further from the truth. First of all you need to look at the whole quote. Nibley was chastising Tuttle for not actually using the trial record that he had. He was questioning why he would do that if it was so important.

"You knew its immense value as a weapon against Joseph Smith if its authenticity could be established. And the only way to establish authenticity was to get hold of the record book from which the pages had been purportedly torn. After all, you had only Miss Pearsall's word for it that the book ever existed. Why didn't you immediately send he back to find the book or make every effort to get hold of I? Why didn't you "unearth" it, as they later said you did? . . . The authenticity of the record still rests entirely on the confidential testimony of Miss Pearsall to the Bishop. And who was Miss Pearsall? A zealous old maid, apparently: "a woman helper in our mission," who lived right in the Tuttle home and would do anything to assist her superior. The picture I get is that of a gossipy old housekeeper. If this court record is authentic, it is the most damning evidence in existence against Joseph Smith. Why, then, [speaking to Tuttle] was it not republished in your article in the Schaff-Herzog Encyclopedia of Religious Knowledge after 1891? . . . in 1906 Bishop Tuttle published his Reminiscences of a Missionary Bishop in which he blasts the Mormons as hotly as ever. . . yet in the final summary of his life's experiences he never mentions the story of the court record - his one claim to immortal fame and the gratitude of the human race if it were true!" (Nibley "The Myth Makers", 246)

The Pearsall account, which has never been produced, claims that the defendant was found guilty. The real point at issue is not whether or not there was a trial, but whether or not a record existed proving Joseph guilty of deceit. A document proving such guilt has not been found.

What did critics of the Church during Joseph Smith's lifetime think of the 1826 court hearing?

Critics of Joseph Smith's time ignored the 1826 court hearing

Critics of Joseph Smith's time ignored the 1826 court hearing:

  1. They didn't bring it up in another trial in the same area in 1830.
  2. It was not mentioned in any of the affidavits collected by Hurlbut in 1833, even though he was diligently looking for every piece of dirt he could find.
  3. Although the trial was briefly mentioned in 1831, it was not mentioned again in a published record for 46 years.

The attraction of this event for a later generation of critics, however, lies in the fact that:

  • Society had changed
  • Seer Stones were no longer acceptable
  • Treasure digging was considered abnormal
  • Spiritual gifts were reinterpreted as manifestations of the occult

Many people of the 1800s did not see any differences between what later generations would label as "magic" and religiously-driven activities recorded in the Bible

Many people of the 1800s did not see any differences between what later generations would label as "magic" and religiously-driven activities recorded in the Bible—such as Joseph's silver cup (see Genesis 44:2,5) in which 'he divineth' (which was also practiced by the surrounding pagans and referred to as hydromancy),[10] or the rod of Aaron and its divinely-driven power (Exodus 7:9-12).

The Bible records that Jacob used rods to cause Laban's cattle to produce spotted, and speckled offspring (see Genesis 30:37-39) — one can only imagine what the critics would say should Joseph Smith have attempted such a thing!

In Joseph Smith's own day other Christian leaders were involved in practices which today's critics would call 'occultic'

In Joseph Smith's own day other Christian leaders were involved in practices which today's critics would call 'occultic.' Quinn, for instance, observes that in "1825, a Massachusetts magazine noted with approval that a local clergyman used a forked divining rod.... Similarly, a Methodist minister wrote twenty-three years later that a fellow clergymen in New Jersey had used a divining rod up to the 1830s to locate buried treasure and the 'spirits [that] keep guard over buried coin'...." [11]

Activities of the early 1800s or Biblical times which later generations would view skeptically were simply thought of as part of how the world worked

It is important to realize that every statement about "magic" or the "occult" by LDS authors is a negative one. Joseph and his contemporaries would likely have shocked and dismayed to be charged with practicing "magic." For them, such beliefs were simply how the world worked. Someone might make use of a compass without understanding the principles of magnetism. This mysterious, but apparently effective, device was useful even if its underlying mechanism was not understood. In a similar way, activities of the early 1800s or Biblical times which later generations would view skeptically were simply thought of as part of how the world worked.

But, it is a huge leap from this realization to charging that Joseph and his followers believed they were drawing power from anything but a divine or proper source.

What are the details of Joseph Smith's 1826 "trial" for "glasslooking"?

What records of the court hearing exist?

We have five records of the 1826 hearing. These were published in eight documents.

1. Apr. 9, 1831 - A W. Benton in Evangelical Magazine and Gospel Advocate
2.Oct. 1835 - Oliver Cowdery in Latter-day Saints Messenger and Advocate
3.1842 letter from Joel K. Noble (not published until 1977)
4.Record torn from Judge Neely docket book by Miss Emily Pearsall (niece)

  • Feb. 1873 - Charles Marshall publishes in Frazer's Magazine (London)
  • Apr. 1873 - Frazer's article reprinted in Eclectic Magazine (N.Y.)
  • 1883 - Tuttle article in New Schaff-Herzog Encyclopedia of Religious Knowledge
  • Jan. 1886 - Christian Advocate vol. 2, no. 13 (Salt Lake City, UT)

5. May 3, 1877 - W. D. Purple Chenango Union

It may be that Purple saw the publication in the Eclectic Magazine and that is why he published his account a few years later. There are no complete overlaps in the accounts; we will look at the similarities and differences.

Finally, we have the bills by Judge Neely and Constable Da Zeng which provide some additional useful details.

Document provenance

We don't have the actual record that Miss Pearsall had, but the claimed trail of events leads as follows:

  1. Miss Pearsall tears the record from the docket book of her uncle Judge Neely
  2. She takes the record with her to Utah when she went to work with Bishop Tuttle.
  3. Miss Pearsall dies in 1872.
  4. Charles Marshall copies the record and has it published in Frazer's Magazine in 1873.
  5. Ownership falls to Tuttle after Miss Pearsall's death
  6. Tuttle published in 1883 Schaff-Herzog encyclopedia.
  7. Tuttle gave it to the Methodists who published it in 1886
  8. Then the record was lost.

It will be noticed with interest, that although Bishop Tuttle and others had access to the Pearsall account for several years it was not published until after her death. That combined with the fact that the torn leaves were never allowed to be examined, would cast some doubt on the completeness or accuracy of that which was published.

Do we have a court record?

We know that the supposed "court record" obtained by Miss Pearsall can't be a court record at all.

  1. Misdemeanor trials were not recorded, only felony trials.
  2. No witness signatures—they were required in an official record.
  3. It appears to be a pretrial hearing.
  4. Pretrial hearings cannot deliver guilty verdicts.

Why were the various records made?

This is the reason that the people stated for why they were putting forth this information.

  1. Benton: more complete history of their founder
  2. Cowdery: private character of our brother
  3. Noble: explain the character of the Mormons
  4. Marshal: preserve a piece of information about the prophet
  5. Purple: as a precursor of the advent of the wonder of the age, Mormonism
  6. Tuttle: [to show] In what light he appeared to others
  7. Judge Neely: to collect fees

Unsurprisingly, those who provided these accounts had an agenda. We are not looking at an event through the eyes of an unbiased observer, and most of that bias is directed against Joseph Smith.

Who brought the charges?

If we look at the individuals bringing the charges, we have the following: Benton (1831): The Public Cowdery (1835): very officious person Noble (1842): Civil authority Marshall (1873): Peter G. Bridgman Purple (1877): sons of Mr. Stowell Tuttle (1883): Peter G. Bridgman Judge Neely: The Public

Note that the agreement of Marshall and Tuttle is misleading because they are essentially quoting the same source.

Whether it was Josiah Stowell's sons or his nephew Peter G. Bridgman, it seems to be close family members. We don't know why Peter G. Bridgman brought the charges, but it could easily have been because he was worried that his uncle was accepting Joseph Smith in his religious claims. Josiah did join the church organized by Joseph Smith and stayed faithful his whole life. As for Peter Bridgman, "Within a month after the trial he was licensed as an exhorter by the Methodists and within three years had helped establish the West Bainbridge Methodist Church. Upon his death in 1872 his fellow ministers characterized him as 'an ardent Methodist and any attack upon either the doctrines or the polity of the Methodist Episcopal Church, within his field of labor, was sure to be repelled by him with a vigorous hand." [12]

Is it possible that the trial of Joseph Smith was just one of his first attempts to apply a "vigorous hand?"

What was the charge against Joseph Smith?

The charge is listed in the various accounts as:

  1. Benton (1831): a disorderly person
  2. Cowdery (1835): a disorderly person
  3. Noble (1842): under the Vagrant act
  4. Marshall (1873): a disorderly person and an imposter
  5. Purple (1877): a vagrant, without visible means of livelihood
  6. Tuttle (1882): a disorderly person and an imposter
  7. Judge Neely: a misdemeanor

Hugh Nibley indicated how it would be strange that he could be charged without visible means of livelihood, since he was being employed by Stowell and others.

The portion of the statute that would seem to apply was enacted by New York in 1813.

...all persons who not having wherewith to maintain themselves, live idle without employment, and also all persons who go about from door to door, or place themselves in the streets, highways or passages, to beg in the cities or towns where they respectively dwell, and all jugglers, and all persons pretending to have skill in physiognomy, palmistry, or like crafty science, or pretending to tell fortunes, or to discover where lost goods may be found; ... shall be deemed and adjudged disorderly persons.

What is a juggler? It used to be that a person skilled in sleight of hand was called a juggler, whereas today we would call them a "sleight of hand magician." Thus, a "juggler" was a con man; someone using his 'stage magic' talents to defraud. [13]

But what if you weren't pretending to discover lost goods? What if you actually had a gift where you "could discern things invisible to the natural eye" Could you then be judged guilty of this statute?

How many witnesses testified?

As far as the number of witnesses we have the following:

  1. Benton (1831): not mentioned
  2. Cowdery (1835): not mentioned
  3. Marshall (1873): Five quoted, charges for seven witnesses
  4. Tuttle (1882): Six
  5. Purple (1877): Four
  6. Constable Philip De Zeng: Twelve

What is particularly interesting here is that Tuttle and Marshall are supposedly quoting from the same document. Marshall only quotes 5 witnesses, but at the end, the charges are listed for seven witnesses. The fee was 12-1/2 cents per witness. Eighty-seven and ½ cents divided by twelve ½ cents per witness, gives us seven witnesses. By combining the Purple and Pearsall accounts we can arrive at seven witnesses, and also a motive for not including all the witnesses or letting the record be examined. It is unknown why the constable would have listed twelve witnesses, unless that is the number he summoned to the proceedings. Seven would seem to be the correct number of those that testified.

What witness is excluded from some accounts?

Purple does add a witness that hadn't been included by Marshall or Tuttle: Joseph Smith, Sr. Maybe they didn't want to include the testimony of Joseph's father because his testimony was more religious in nature. He spoke of Joseph's "wonderful triumphs as a seer", that "both he and his son were mortified that this wonderful power which God had so miraculously given him should be used only in search of filthy lucre," and "he trusted that the Son of Righteousness would some day illumine the heart of the boy, and enable him to see His will concerning him." It is easy to see why this testimony wouldn't be included in a record where you are trying to show that Joseph Smith was a person trying to acquire work as a money digger. Which might be the reason the Tuttle and Marshall omitted the Joseph Smith Sr. testimony.

What verdict was brought against Joseph?

  1. Benton: tried and condemned ... designedly allowed to escape
  2. Cowdery: honorably acquitted
  3. Noble: was condemned, took leg bail
  4. Marshall: guilty?
  5. Tuttle: guilty?
  6. Purple: discharged
  7. Constable De Zeng: not a trial

Noble's statement is hearsay, since there is no evidence that he actually attended this trial. Furthermore, his statement and Benton's statement can't be taken as an indication that Joseph was judged guilty. For example, in Joseph's 1830 trial he was acquitted. The court said that they "find nothing to condemn you, and therefore you are discharged." Then Mr Reid testifies, "They then proceeded to reprimand him severely, not because anything derogatory to his character in any shape had been proven against him by the host of witnesses that had testified during the trial." [14]

The verdict indicated by Marshall and Tuttle is questionable. It seems to be appended as an afterthought. Throughout the document Joseph is referred to as the "prisoner", then after the last testimony, we have one sentence in which he is named a defendant, "And thereupon the Court finds the defendant guilty." Here we have suddenly a declaratory statement that is completely out of character with the rest of the Pearsall document. Also, if this were actually a trial, Joseph wouldn't have testified against himself as the first witness.

The examination was not a trial

Wesley P. Walters has demonstrated that this is not a trial. The Constable's charges of "19 cents attached to the mittimus marks it as the pre-trial 'commitment for want of bail' ...and not the post-trial 'warrant of commitment, on conviction, twenty-five cents." [15]

In the Tanners' anti-Mormon Salt Lake City Messenger, they stated, "Wesley P. Walters had convincingly demonstrated to us that we were dealing with 'an examination.' In a New Conductor Generalis, 1819, page 142, we learn that in an 'examination' the accused is not put under oath but that the witnesses are'" [16]

In all cases but one the witnesses were "sworn", whereas Joseph was examined. Judge Neeley's charges actually uses that precise terminology, "in examination of above cause". Therefore, since this wasn't a trial, one cannot have a guilty verdict.

Summary of testimony

  • Joseph Smith, Jr.: In the Purple account he tells about finding his stone and he exhibits his stone. In the Pearsall record it talks about how Stowell came and got Joseph, "had been employed by said Stowel on his farm, and going to school;" He informed Stowell where to find treasures, and buried coins and that he did it for the previous three years. But Joseph did not solicit and declined having anything to do with the business.
  • Joseph Smith Sr.: This testimony is only in the Purple account. We discussed earlier how he felt this power showed that Joseph was a seer and that Joseph Sr. was mortified by the use of the sacred power and that he hoped that eventually it would get used correctly. Since this testimony puts Joseph in a positive light it is understandable why it wasn't included in the published versions of the Pearsall account.
  • Josiah Stowell: His employer's testimony in the Purple account has Josiah say that Joseph could see 50 feet below the surface, described many circumstances to confirm his words. He said, "do I believe it? No, it is not a matter of belief: I positively know it to be true."
We go to the Pearsall record, for a slightly different account of the Josiah Stowell testimony. It tells how Joseph "looked through stone, and described Josiah Stowel's house and out-houses while at Palmyra, at Simpson Stowel's, correctly; that he had told about a painted tree with a man's hand painted upon it, by means of said stone;" Josiah tells about Joseph's being employed part time. It also contains the part that "he positively knew that the prisoner could tell, and professed the art of seeing those valuable treasures through the medium of said stone." He talked about finding something for Deacon Attelon that looked like gold ore. Josiah talked about Mr. Bacon burying some money and that Joseph described how there was a feather buried with the money. They found the feather but the money was gone. Josiah said that he "had been in company with prisoner digging for gold, and had the most implicit faith in prisoner's skill."

Stowell joined the Church in 1830, and died in full fellowship, planning to join the Saints "in Zion."[17]

  • Horace Stowell: This testimony is only found in the Neely record. It is a short testimony that describes where a chest of dollars was buried in Winchester County and that Joseph marked the size of the chest with leaves on the ground.
  • Arad Stowell: This witness went to see Joseph and wanted Joseph to display his skill. He laid out a book on a cloth. While holding a white stone to a candle, he read the book. Arad said that he was disappointed and went away because to him it was obviously a deception, but he doesn't tell us why he thought it was a deception. It would have been nice if he had told us why he thought that. Was it just that he had his mind made up before he went to see Joseph?

There are only three testimonies that are duplicated in both the Purple and Pearsall accounts. They are Joseph Smith, Josiah Stowel and Jonathan Thompson. In the Purple account Thompson said that he could not remember finding anything of value. He stated that Joseph claimed there was a treasure protected by sacrifice and that they had to be armed by fasting and prayer. They struck the treasure with a shovel. One man placed his hand on the treasure, but it gradually sunk out of reach. Joseph believed there was a lack of faith or devotion that caused the failure. They talked about getting the blood from a lamb and sprinkling it around.

Interestingly, the same witness in the Pearsall record says that Joseph indicated where the treasure was. He looked in the hat and told them how it was situated. An Indian had been killed and buried with the treasure. So this detail matches with the Purple account. The treasure kept settling away. Then Joseph talked about salt that could be found in Bainbridge and described money that Thompson had lost 16 years ago. Joseph described the man that had taken it and what happened to the money. There is nothing mentioned about sacrificing sheep or not having sufficient faith and so forth. The Pearsall record is supposedly a more complete written record, but it doesn't have the bleeding sheep, or fasting and prayer that characterizes the Purple account.

What happened to Josiah Stowell? Did he conclude he had been defrauded after the court hearing?

Stowell joined the Church and died in full fellowship

One biographical encyclopedia noted:

Josiah Stowell (sometimes spelled Stoal) was born in Winchester, New Hampshire, 22 March 1770, and later resided at his farm on the Susquehanna River, about 3.2 miles southwest of the village of South Bainbridge (now Afton). This village was part of the township of Bainbridge (now Afton), Chenango County, New York. In October 1825 Stowell was engaged in digging for reported Spanish treasure in the Ouaquaga (Ouaquagua) Mountains of Harmony, Susquehanna County, Pennsylvania. Hearing that Joseph Smith Jr. of Manchester, Ontario County, New York, had the ability to "discern things invisible to the natural eye," Mr. Stowell visited Joseph and employed him.

The men lodged at the home of Isaac Hale in Harmony. According to Hale, they dug from early November to about 17 November 1825, when successive failures caused them to withdraw to the Stowell farm. While at the Hale home, Joseph Smith had met Isaac's daughter, Emma. He continued to court her while he was employed in New York by Josiah Stowell and Joseph Knight Sr. After Joseph and Emma were married at South Bainbridge on 18 January 1827, Stowell gave the newlyweds a ride to Manchester, where they resided with Joseph's parents.

Stowell and Knight were both houseguests of the Smiths at Manchester on 21-22 September 1827, when Joseph Smith went to the Hill Cumorah and obtained the gold plates from Moroni. Stowell joined the Church in 1830 but did not go west with the Saints when they moved to Ohio in 1831. Josiah Stowell continued to express his belief in the Prophet and the Book of Mormon as indicated in a letter written by his son, Josiah Stowell Jr., to John S. Fullmer in February 1843. He also dictated a letter to the Prophet in Nauvoo on 19 December 1843 and told him of his desire "to come to Zion the next season"; however, conditions prevented his doing so. Josiah Stowell died in Smithboro, Tioga County, New York, on May 12, 1844. He is buried in the Smithboro Cemetery.[18]

Was Joseph Smith found guilty of being a "con man" in 1826?

Claims about Joseph being found guilty of being a "con man" in court usually revolve around either a misunderstanding or misrepresentation of Joseph's 1826 court hearing

Claims that Joseph was a "juggler," or "conjurer" were a common 19th century method of dismissing his prophetic claims via ad hominem. Modern-day claims about him being found to be a "con man" are simply the same attack with updated language, usually bolstered by a misunderstanding or misrepresentation of Joseph's 1826 court hearing.

Joseph's tendency to assume the best of others, even to his own repeated detriment, also argues for his sincerity. One might legitimately claim that Joseph was mistaken about his prophetic claims, but it will not do to claim that he was cynically, knowingly deceiving others for his own gain.

Claims about Joseph being found guilty of being a "con man" in court usually revolve around either a misunderstanding or misrepresentation of Joseph's 1826 court hearing:

Main article:1826 trial for "glasslooking"

Even if one rejects Joseph's claims to divine revelation or special abilities, his conduct still does not match that of a "con man"

  • Con men seek out their marks; Joseph was approached for his help by those who had heard about him
  • Con men travel from place to place, staying one step ahead of the law while defrauding their marks; Joseph was known locally and remained in his local area

Brant Gardner noted:

One very subtle but very important aspect of all of the dealings of the village seers is their relationship with their clients. The true cunning men and wise women were fixtures in the community. They received clients; they did not seek them out. In the cases reported about Sally Chase, her clients came to her. We have four descriptions of Joseph as this kind of village seer; and in each case, the client came to him with his problem....[T]hose who were searching for treasure invited the adept, but the cunning man or wise woman did not actively seek their employ.[19]

Broader character traits that argue against the "con-man hypothesis"

When Joseph's career is examined more broadly, there are other factors which argue for his sincerity. Arguably one character trait which gave Joseph repeated trouble was his willingness to trust others and give them the benefit of the doubt. His striking ability to accept people at face value, never doubting that their motives were as pure as his own, has many exemplars. The case of W.W. Phelps is one.

Phelps had betrayed Joseph and the Church during the Missouri persecutions, and contributed to Joseph's confinement in Liberty Jail. His signature was on the petition that resulted in the extermination order which led to the Saints' murder and dispossession. After receiving a penitent letter from Phelps, Joseph quickly responded

I must say that it is with no ordinary feelings I endeavor to write a few lines to you… I am rejoiced at the privilege granted me… when we read your letter—truly our hearts were melted into tenderness and compassion when we ascertained your resolves… It is true, that we have suffered much in consequence of your behavior… we say it is your privilege to be delivered from the powers of the adversary, be brought into the liberty of God's dear children, and again take your stand among the Saints of the Most High, and by diligence, humility, and love unfeigned, commend yourself to our God, and your God, and to the Church of Jesus Christ…

Believing your confession to be real, and your repentance genuine, I shall be happy once again to give you the right hand of fellowship, and rejoice over the returning prodigal…

"Come on, dear brother, since the war is past, For friends at first, are friends again at last."[20]

So it was that Joseph, while willing to do almost anything―from taking up arms, to petitioning presidents, to launching a campaign of disinformation―to protect the revealed Restoration and the Latter-day Saints, repeatedly opened himself to abuse and worse because of his apparent inability or unwillingness to think the worst of someone in advance of the evidence. Joseph assumed that all men were as purely motivated as he was. "It takes a con to know a con," and Joseph wasn’t a con.[21] If he had been cynically exploiting others, he would have tended to ascribe his own base motives of deception and taking advantage to others, and probably would have been more cautious. But, he did not. Elder B.H. Roberts, a seventy and historian, noted years later that:

[Joseph Smith had] a too implicit trust in [men's] protestations of repentance when overtaken in their sins; a too great tenacity in friendship for men he had once taken into his confidence after they had been proven unworthy of the friendship.…[22]

A prime example of this phenomenon is the case of John C. Bennett. Soon after Bennett's baptism in Nauvoo, Joseph received a letter reporting Bennett's abandonment of wife and children. Joseph knew from personal experience that "it is no uncommon thing for good men to be evil spoken against,"[23] and did nothing precipitous. The accusations against Bennett gained credence when Joseph learned of his attempts to persuade a young woman "that he intended to marry her." Joseph dispatched Hyrum Smith and William Law to make inquiries, and in early July 1841 he learned that Bennett had a wife and children living in the east. Non-LDS sources confirmed Bennett's infidelity: one noted that he "heard it from almost every person in town that [his wife] left him in consequence of his ill treatment of her home and his intimacy with other women." Another source reported that Bennett's wife "declared that she could no longer live with him…it would be the seventh family that he had parted during their union."[24]

When confronted with the evidence privately, Bennett confessed and promised to reform. He did not, though Joseph did not make his sins public until nearly a year later.[25]

See also:John C. Bennett

Other examples of misplaced trust include George M. Hinckle, who sold Joseph out to the Missouri militia (resulting in his near-execution and his imprisonment in Liberty Jail) and William Law, who would help publish the Nauvoo Expositor, a newspaper which called for Joseph's death and contributed to the martyrdom.

Learn more about Joseph Smith: character
Wiki links
FAIR links
  • Don Bradley, "Knowing Brother Joseph: How the Historical Record Demonstrates the Prophet’s Religious Sincerity," Proceedings of the 2023 FAIR Conference (August 2023). link
  • Gregory Smith, "Everything You Always Wanted to Know About Plural Marriage* (*but were afraid to ask)," Proceedings of the 2009 FAIR Conference (August 2009). link
Online
  • Brian C. Hales and Gregory L. Smith, "A Response to Grant Palmer's 'Sexual Allegations against Joseph Smith and the Beginnings of Polygamy in Nauvoo'," Interpreter: A Journal of Mormon Scripture 12/8 (10 October 2014). [183–236] link
Video
  • "Joseph Smith and fraud allegations," BH Roberts Foundation print-link.
Navigators

Source(s) of the criticism—Joseph found guilty of being "a con man"?
Critical sources
Early works that label Joseph a "juggler" or "conjurer"
  • “A hungry lean-faced villain,” The Reflector (Palmyra, New York) 3d series, no. 7 (30 June 1830): xxx. off-site [citation needed]
  • Rev. John Shearer, letter of 18 November 1830; reproduced in Dan Vogel (editor), Early Mormon Documents (Salt Lake City, Signature Books, 1996–2003), 5 vols, 4:92-93.
  • “Gold Bible, No. 5,” The Reflector (Palmyra, New York) 2, no. 14 (28 February 1831): ??. off-site [citation needed]
  • A.W.B. [Abraham W. Benton], “Mormonites,” Evangelical Magazine and Gospel Advocate 2/15 (Utica, New York) (9 April 1831): 1.
    "Although [Joseph] constantly failed in his pretensions, still he had his dupes who put implicit confidence in all his words....It is reported, and probably true, that he commenced his juggling by stealing and hiding property belonging to his neighbors, and when inquiry was made, he would look in his wone (his gift and power) and tell where it was."
  • Eber D. Howe, Mormonism Unvailed (Painesville, OH, 1834), 16. (Affidavits examined)

Later works that use the modern terms "con man," "confidence man," or "con game"

  • Harry M. Beardsley, Joseph Smith and His Mormon Empire (Boston, New York: Houghton Mifflin Company, 1931), 43.
  • Wesley P. Walters, "Joseph Smith's Bainbridge, N.Y., Court Trials," Westminster Theological Journal 36/2 (Winter 1974): 141.
  • Wesley P. Walters, "From Occult to Cult With Joseph Smith, Jr.," Journal of Pastoral Practice 1/2 (Summer 1977): 122.
  • Kenneth H. Winn, Exiles in a Land of Liberty : Mormons in America, 1830–1846 (Chapel Hill : University of North Carolina Press, 1989), 82, see also index. ISBN 0807818291
  • David Persuitte, Joseph Smith and the Origins of The Book of Mormon (2nd edition), (McFarland & Company, October 2000), 37 ( Index of claims )
  • Craig Criddle, "Sidney Rigdon:Creating the Book of Mormon," e-paper, sidneyrigdon.com (originally published 8 October 2005; revised 15 Mar 2009), sec 2., part 6.
  • Dale R. Broadhurst, "Joseph Smith: Nineteenth Century Con Man?" sidneyrigdon.com (web paper, accessed 12 November 2010).

Source(s) of the criticism—Joseph's 1826 trial
Critical sources

Notes

  1. Gordon A. Madsen, "Joseph Smith's 1826 Trial: The Legal Setting," Brigham Young University Studies 30 no. 2 (1990), 106.
  2. Lucy Mack Smith, Biographical Sketches of Joseph Smith the Prophet, and His Progenitors for Many Generations (Liverpool, S.W. Richards, 1853), 103.
  3. Dan Vogel (editor), Early Mormon Documents (Salt Lake City, Signature Books, 1996–2003), 5 vols, 4:252–253.
  4. Lucy Mack Smith, Biographical Sketches of Joseph Smith the Prophet, and His Progenitors for Many Generations (Liverpool, S.W. Richards, 1853), 103.
  5. H. Michael Marquardt and Wesley P. Walters, Inventing Mormonism: Tradition and the Historical Record (Salt Lake City, Utah: Smith Research Associates [distributed by Signature Books], 1994), 227.
  6. Francis Kirkham, A New Witness for Christ in America: The Book of Mormon, 2 vols., (Salt Lake City: Utah Printing, 1959[1942]), 1:479. ASIN B000HMY138.
  7. Dan Vogel (editor), Early Mormon Documents (Salt Lake City, Signature Books, 1996–2003), 5 vols, 4:248–249..
  8. Anonymous, "Highlights in the Prophet’s Life," Ensign (Jun 1994): 24. off-site
  9. Wesley P. Walters, "Joseph Smith's Bainbridge, N.Y. Court Trials," The Westminster Theological Journal 36:2 (1974), 153.
  10. D. Michael Quinn, Early Mormonism and the Magic World View, revised and enlarged edition, (Salt Lake City: Signature Books, 1998), 30 ( Index of claims )
  11. Quinn, 5
  12. Wesley P. Walters, "Joseph Smith's Bainbridge, N.Y. Court Trials," The Westminster Theological Journal 36:2 (1974), 141–142.
  13. Note too D. Michael Quinn's efforts to distort the clear meaning of this statute as discussed in John Gee, "Review of Early Mormonism and the Magic World View, revised and enlarged edition, by D. Michael Quinn," FARMS Review of Books 12/2 (2000): 185–224. [{{{url}}} off-site]. See also FairMormon Answers link here.
  14. Brigham H. Roberts, Comprehensive History of the Church (Provo, Utah: Brigham Young University Press, 1965), 1:211. GospeLink
  15. Wesley P. Walters, "Joseph Smith's Bainbridge, N.Y. Court Trials," The Westminster Theological Journal 36:2 (1974), 140, note 36.
  16. Jerald and Sandra Tanner, Salt Lake City Messenger 68 (July 1988): 9.
  17. Larry C. Porter, "Stowell, Josiah," in Encyclopedia of Latter-day Saint History, edited by Donald Q. Cannon, Richard O. Cowan, Arnold K. Garr (Salt Lake City, Utah : Deseret Book Co., 2000).
  18. Larry C. Porter, "Stowell, Josiah," in Encyclopedia of Latter-day Saint History, edited by Donald Q. Cannon, Richard O. Cowan, Arnold K. Garr (Salt Lake City, Utah : Deseret Book Co., 2000).
  19. Brant A. Gardner, The Gift and Power: Translating the Book of Mormon (Greg Kofford Books, 2011), 82.
  20. Joseph Smith to William W. Phelps, "Dear Brother Phelps, 22 July 1840, Nauvoo, Illinois; cited in History of the Church, [citation needed]:162-164. [citation needed]/1.html&A={{{start}}} Volume [citation needed] link
  21. On the evident sincerity of Joseph in his personal writings, see Paul H. Peterson, "Understanding Joseph: A Review of Published Documentary Sources," in Joseph Smith: The Prophet, the Man, ed. Susan Easton Black and Charles D. Tate (Salt Lake City, Utah: Deseret Book Company, 1988), 109–110.
  22. Brigham H. Roberts, Comprehensive History of the Church (Provo, Utah: Brigham Young University Press, 1965). GospeLink
  23. "To the Church of Jesus Christ of Latter Day Saints, and to All the Honorable Part of the Community," Times and Seasons 3 no. 17 (1 July 1842), 839. off-site GospeLink
  24. History of the Church, 5:35-37. Volume 5 link
  25. For more details, see a discussion of the entire complex Bennett period here in PDF.
Articles about Joseph Smith
Highlights in the Prophet’s Life 20 Mar. 1826: 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.

—Anonymous, "Highlights in the Prophet’s Life," Ensign (Jun 1994): 24. off-site
∗       ∗       ∗


What is Joseph Smith's 1826 South Bainbridge "trial" for "glasslooking"?

Joseph Smith appeared at a pre-trial court hearing in 1826 for "glasslooking"

In 1825 Josiah Stowel sought out the young Joseph Smith, who had a reputation for being able to use his seer stone to locate lost objects, to help him to locate an ancient silver mine. After a few weeks of work, Joseph persuaded Stowel to give up the effort. In 1826, some of Stowel's relatives brought Joseph to court and accused him of "glasslooking" and being a "disorderly person." Several witnesses testified at the hearing.

Joseph was released without being fined or otherwise punished - there was no verdict of "guilty" or "not guilty" because this was only a hearing rather than a trial

Joseph was ultimately released without being fined and had no punishment imposed upon him. Years later, a bill from the judge was discovered which billed for court services.

Gordon Madsen summarized:

"The evidence thus far available about the 1826 trial before Justice Neely leads to the inescapable conclusion that Joseph Smith was acquitted." [1]

A review of all the relevant documents demonstrates that:

  1. The court hearing of 1826 was not a trial, it was an examination
  2. The hearing was likely initiated from religious concerns; i.e. people objected to Joseph's religious claims.
  3. There were seven witnesses.
  4. The witnesses' testimonies have not all been transmitted faithfully.
  5. Most witnesses testified that Joseph did possess a gift of sight

The court hearing was likely initiated by Stowel's relatives as a concern that he was having too much influence on Stowel

It was likely that the court hearing was initiated not so much from a concern about Joseph being a money digger, as concern that Joseph was having an influence on Josiah Stowel. Josiah Stowel was one of the first believers in Joseph Smith. His nephew was probably very concerned about that and was anxious to disrupt their relationship if possible. He did not succeed. The court hearing failed in its purpose, and was only resurrected decades later to accuse Joseph Smith of different crimes to a different people and culture.

Understanding the context of the case removes any threat it may have posed to Joseph's prophetic integrity.

What events resulted in Joseph Smith's 1826 court appearance in South Bainbridge?

Josiah Stowell requested Joseph Smith's help in locating an ancient silver mine

In the spring of 1825 Josiah Stowell visited with Joseph Smith "on account of having heard that he possessed certain keys, by which he could discern things invisible to the natural eye." [2] Josiah Stowell wanted Joseph to help him in his quest to find treasure in an ancient silver mine. Joseph was reluctant, but Stowell persuaded Joseph to come by offering high wages. According to trial documents, Stowell says Joseph, using a seer stone, "Looked through stone and described Josiah Stowell's house and out houses, while at Palmyra at Sampson Stowell's correctly, that he had told about a painted tree with a man's hand painted upon it by means of said stone." [3]

Joseph ultimately persuaded Stowell to give up looking for the mine

Joseph and his father traveled to southern New York in November of 1825. This was after the crops were harvested and Joseph had finished his visit to the Hill Cumorah that year. They participated with Stowell and the company of workers in digging for the mine for less than a month. Finally Joseph persuaded him to stop. "After laboring for the old gentleman about a month, without success, Joseph prevailed upon him to cease his operations." [4]

Joseph continued to work in the area for Stowell and others. He boarded at the home of Isaac Hale and met Emma Hale, who was one "treasure" he got out of the enterprise.

The following year, Stowell's sons or nephew (depending on which account you follow) brought charges against Joseph and he was taken before Justice Neely

In March of the next year, Stowell's sons or nephew (depending on which account you follow) brought charges against Joseph and he was taken before Justice Neely. The supposed trial record came from Miss Pearsall. "The record of the examination was torn from Neely's docket book by his niece, Emily Persall, and taken to Utah when she went to serve as a missionary under Episcopalian bishop Daniel S. Tuttle." [5] This will be identified as the Pearsall account although Neely possessed it after her death. It is interesting that the first published version of this record didn't appear until after Miss Pearsall had died.

Stowell's relatives felt that Joseph was exercising "unlimited control" over their father or uncle

William D. Purple took notes at the trial and tells us, "In February, 1826, the sons of Mr. Stowell, ...were greatly incensed against Smith, ...saw that the youthful seer had unlimited control over the illusions of their sire... They caused the arrest of Smith as a vagrant, without visible means of livelihood." [6]

Whereas the Pearsall account says: "Warrant issued upon oath of Peter G. Bridgman, [Josiah Stowell's nephew] who informed that one Joseph Smith of Bainbridge was a disorderly person and an imposter...brought before court March 20, 1826" [7]

So, we have what has been called "The 1826 Trial of Joseph Smith", even though the records show that this wasn't actually a trial. For many years LDS scholars Francis Kirkham, Hugh Nibley and others expressed serious doubts that such a trial had even taken place.

Why was Joseph fined if he wasn't found guilty of anything?

Joseph was never fined - the bills from Judge Neely and Constable DeZeng were for court costs

The court did not assess a fine against Joseph. There were bills made out by Judge Neely and Constable DeZeng, but these were for costs. Those bills were directed to the County for payment of witnesses, etc., not to Joseph.

Ensign (June 1994): "Highlights in the Prophet’s Life 20 Mar. 1826: Tried and acquitted on fanciful charge of being a "disorderly person," South Bainbridge, Chenango County, New York

Ensign (June 1994):

Highlights in the Prophet’s Life 20 Mar. 1826: 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. [8]

Didn't Hugh Nibley claim that a record of this trial would be "the most damning evidence in existence" against Joseph Smith?

Nibley felt that the "court record" didn't seem to be correct

Hugh Nibley had serious doubts as to whether or not Joseph Smith was actually brought to trial in 1826, and he felt that the only real trial was in 1830. For the most part, Nibley felt that the "court record" didn't seem to be correct. The following quote is taken from Nibley's book "The Myth Makers:"

"if this court record is authentic it is the most damning evidence in existence against Joseph Smith."

Why are the 1971 discoveries important?

It was easy to cast doubt on the reality of the 1826 hearing until the bills from Judge Albert Neely and Constable Philip De Zeng were found in 1971. These documents were removed from their purported site of discovery by Dr. Wesley Walters, a well-known anti-Mormon author.

Walters wrote, "Because the two 1826 bills had not only suffered from dampness, but had severe water damage as well, Mr. Poffarl hand-carried the documents to the Yale University's Beinecke Library, which has one of the best document preservation centers in the country." [9] The problem with this action is, once you have removed a document from a historical setting and then try to restore it to the same setting, you can't prove that you have not altered the document.

The actions of Walters and Poffarl compromised the documents. By having the documents removed and only returned under threat of a lawsuit by the County, it opened the possibility that they could be forged documents. They are generally considered to be authentic.

Nibley's real point at issue is not whether or not there was a trial, but whether or not a record existed proving Joseph guilty of deceit

Since Wesley Walters has found some bills related to the trial, the critics now claim that the case is proven and that Nibley has proven their case for them. Nothing is further from the truth. First of all you need to look at the whole quote. Nibley was chastising Tuttle for not actually using the trial record that he had. He was questioning why he would do that if it was so important.

"You knew its immense value as a weapon against Joseph Smith if its authenticity could be established. And the only way to establish authenticity was to get hold of the record book from which the pages had been purportedly torn. After all, you had only Miss Pearsall's word for it that the book ever existed. Why didn't you immediately send he back to find the book or make every effort to get hold of I? Why didn't you "unearth" it, as they later said you did? . . . The authenticity of the record still rests entirely on the confidential testimony of Miss Pearsall to the Bishop. And who was Miss Pearsall? A zealous old maid, apparently: "a woman helper in our mission," who lived right in the Tuttle home and would do anything to assist her superior. The picture I get is that of a gossipy old housekeeper. If this court record is authentic, it is the most damning evidence in existence against Joseph Smith. Why, then, [speaking to Tuttle] was it not republished in your article in the Schaff-Herzog Encyclopedia of Religious Knowledge after 1891? . . . in 1906 Bishop Tuttle published his Reminiscences of a Missionary Bishop in which he blasts the Mormons as hotly as ever. . . yet in the final summary of his life's experiences he never mentions the story of the court record - his one claim to immortal fame and the gratitude of the human race if it were true!" (Nibley "The Myth Makers", 246)

The Pearsall account, which has never been produced, claims that the defendant was found guilty. The real point at issue is not whether or not there was a trial, but whether or not a record existed proving Joseph guilty of deceit. A document proving such guilt has not been found.

What did critics of the Church during Joseph Smith's lifetime think of the 1826 court hearing?

Critics of Joseph Smith's time ignored the 1826 court hearing

Critics of Joseph Smith's time ignored the 1826 court hearing:

  1. They didn't bring it up in another trial in the same area in 1830.
  2. It was not mentioned in any of the affidavits collected by Hurlbut in 1833, even though he was diligently looking for every piece of dirt he could find.
  3. Although the trial was briefly mentioned in 1831, it was not mentioned again in a published record for 46 years.

The attraction of this event for a later generation of critics, however, lies in the fact that:

  • Society had changed
  • Seer Stones were no longer acceptable
  • Treasure digging was considered abnormal
  • Spiritual gifts were reinterpreted as manifestations of the occult

Many people of the 1800s did not see any differences between what later generations would label as "magic" and religiously-driven activities recorded in the Bible

Many people of the 1800s did not see any differences between what later generations would label as "magic" and religiously-driven activities recorded in the Bible—such as Joseph's silver cup (see Genesis 44:2,5) in which 'he divineth' (which was also practiced by the surrounding pagans and referred to as hydromancy),[10] or the rod of Aaron and its divinely-driven power (Exodus 7:9-12).

The Bible records that Jacob used rods to cause Laban's cattle to produce spotted, and speckled offspring (see Genesis 30:37-39) — one can only imagine what the critics would say should Joseph Smith have attempted such a thing!

In Joseph Smith's own day other Christian leaders were involved in practices which today's critics would call 'occultic'

In Joseph Smith's own day other Christian leaders were involved in practices which today's critics would call 'occultic.' Quinn, for instance, observes that in "1825, a Massachusetts magazine noted with approval that a local clergyman used a forked divining rod.... Similarly, a Methodist minister wrote twenty-three years later that a fellow clergymen in New Jersey had used a divining rod up to the 1830s to locate buried treasure and the 'spirits [that] keep guard over buried coin'...." [11]

Activities of the early 1800s or Biblical times which later generations would view skeptically were simply thought of as part of how the world worked

It is important to realize that every statement about "magic" or the "occult" by LDS authors is a negative one. Joseph and his contemporaries would likely have shocked and dismayed to be charged with practicing "magic." For them, such beliefs were simply how the world worked. Someone might make use of a compass without understanding the principles of magnetism. This mysterious, but apparently effective, device was useful even if its underlying mechanism was not understood. In a similar way, activities of the early 1800s or Biblical times which later generations would view skeptically were simply thought of as part of how the world worked.

But, it is a huge leap from this realization to charging that Joseph and his followers believed they were drawing power from anything but a divine or proper source.

What are the details of Joseph Smith's 1826 "trial" for "glasslooking"?

What records of the court hearing exist?

We have five records of the 1826 hearing. These were published in eight documents.

1. Apr. 9, 1831 - A W. Benton in Evangelical Magazine and Gospel Advocate
2.Oct. 1835 - Oliver Cowdery in Latter-day Saints Messenger and Advocate
3.1842 letter from Joel K. Noble (not published until 1977)
4.Record torn from Judge Neely docket book by Miss Emily Pearsall (niece)

  • Feb. 1873 - Charles Marshall publishes in Frazer's Magazine (London)
  • Apr. 1873 - Frazer's article reprinted in Eclectic Magazine (N.Y.)
  • 1883 - Tuttle article in New Schaff-Herzog Encyclopedia of Religious Knowledge
  • Jan. 1886 - Christian Advocate vol. 2, no. 13 (Salt Lake City, UT)

5. May 3, 1877 - W. D. Purple Chenango Union

It may be that Purple saw the publication in the Eclectic Magazine and that is why he published his account a few years later. There are no complete overlaps in the accounts; we will look at the similarities and differences.

Finally, we have the bills by Judge Neely and Constable Da Zeng which provide some additional useful details.

Document provenance

We don't have the actual record that Miss Pearsall had, but the claimed trail of events leads as follows:

  1. Miss Pearsall tears the record from the docket book of her uncle Judge Neely
  2. She takes the record with her to Utah when she went to work with Bishop Tuttle.
  3. Miss Pearsall dies in 1872.
  4. Charles Marshall copies the record and has it published in Frazer's Magazine in 1873.
  5. Ownership falls to Tuttle after Miss Pearsall's death
  6. Tuttle published in 1883 Schaff-Herzog encyclopedia.
  7. Tuttle gave it to the Methodists who published it in 1886
  8. Then the record was lost.

It will be noticed with interest, that although Bishop Tuttle and others had access to the Pearsall account for several years it was not published until after her death. That combined with the fact that the torn leaves were never allowed to be examined, would cast some doubt on the completeness or accuracy of that which was published.

Do we have a court record?

We know that the supposed "court record" obtained by Miss Pearsall can't be a court record at all.

  1. Misdemeanor trials were not recorded, only felony trials.
  2. No witness signatures—they were required in an official record.
  3. It appears to be a pretrial hearing.
  4. Pretrial hearings cannot deliver guilty verdicts.

Why were the various records made?

This is the reason that the people stated for why they were putting forth this information.

  1. Benton: more complete history of their founder
  2. Cowdery: private character of our brother
  3. Noble: explain the character of the Mormons
  4. Marshal: preserve a piece of information about the prophet
  5. Purple: as a precursor of the advent of the wonder of the age, Mormonism
  6. Tuttle: [to show] In what light he appeared to others
  7. Judge Neely: to collect fees

Unsurprisingly, those who provided these accounts had an agenda. We are not looking at an event through the eyes of an unbiased observer, and most of that bias is directed against Joseph Smith.

Who brought the charges?

If we look at the individuals bringing the charges, we have the following: Benton (1831): The Public Cowdery (1835): very officious person Noble (1842): Civil authority Marshall (1873): Peter G. Bridgman Purple (1877): sons of Mr. Stowell Tuttle (1883): Peter G. Bridgman Judge Neely: The Public

Note that the agreement of Marshall and Tuttle is misleading because they are essentially quoting the same source.

Whether it was Josiah Stowell's sons or his nephew Peter G. Bridgman, it seems to be close family members. We don't know why Peter G. Bridgman brought the charges, but it could easily have been because he was worried that his uncle was accepting Joseph Smith in his religious claims. Josiah did join the church organized by Joseph Smith and stayed faithful his whole life. As for Peter Bridgman, "Within a month after the trial he was licensed as an exhorter by the Methodists and within three years had helped establish the West Bainbridge Methodist Church. Upon his death in 1872 his fellow ministers characterized him as 'an ardent Methodist and any attack upon either the doctrines or the polity of the Methodist Episcopal Church, within his field of labor, was sure to be repelled by him with a vigorous hand." [12]

Is it possible that the trial of Joseph Smith was just one of his first attempts to apply a "vigorous hand?"

What was the charge against Joseph Smith?

The charge is listed in the various accounts as:

  1. Benton (1831): a disorderly person
  2. Cowdery (1835): a disorderly person
  3. Noble (1842): under the Vagrant act
  4. Marshall (1873): a disorderly person and an imposter
  5. Purple (1877): a vagrant, without visible means of livelihood
  6. Tuttle (1882): a disorderly person and an imposter
  7. Judge Neely: a misdemeanor

Hugh Nibley indicated how it would be strange that he could be charged without visible means of livelihood, since he was being employed by Stowell and others.

The portion of the statute that would seem to apply was enacted by New York in 1813.

...all persons who not having wherewith to maintain themselves, live idle without employment, and also all persons who go about from door to door, or place themselves in the streets, highways or passages, to beg in the cities or towns where they respectively dwell, and all jugglers, and all persons pretending to have skill in physiognomy, palmistry, or like crafty science, or pretending to tell fortunes, or to discover where lost goods may be found; ... shall be deemed and adjudged disorderly persons.

What is a juggler? It used to be that a person skilled in sleight of hand was called a juggler, whereas today we would call them a "sleight of hand magician." Thus, a "juggler" was a con man; someone using his 'stage magic' talents to defraud. [13]

But what if you weren't pretending to discover lost goods? What if you actually had a gift where you "could discern things invisible to the natural eye" Could you then be judged guilty of this statute?

How many witnesses testified?

As far as the number of witnesses we have the following:

  1. Benton (1831): not mentioned
  2. Cowdery (1835): not mentioned
  3. Marshall (1873): Five quoted, charges for seven witnesses
  4. Tuttle (1882): Six
  5. Purple (1877): Four
  6. Constable Philip De Zeng: Twelve

What is particularly interesting here is that Tuttle and Marshall are supposedly quoting from the same document. Marshall only quotes 5 witnesses, but at the end, the charges are listed for seven witnesses. The fee was 12-1/2 cents per witness. Eighty-seven and ½ cents divided by twelve ½ cents per witness, gives us seven witnesses. By combining the Purple and Pearsall accounts we can arrive at seven witnesses, and also a motive for not including all the witnesses or letting the record be examined. It is unknown why the constable would have listed twelve witnesses, unless that is the number he summoned to the proceedings. Seven would seem to be the correct number of those that testified.

What witness is excluded from some accounts?

Purple does add a witness that hadn't been included by Marshall or Tuttle: Joseph Smith, Sr. Maybe they didn't want to include the testimony of Joseph's father because his testimony was more religious in nature. He spoke of Joseph's "wonderful triumphs as a seer", that "both he and his son were mortified that this wonderful power which God had so miraculously given him should be used only in search of filthy lucre," and "he trusted that the Son of Righteousness would some day illumine the heart of the boy, and enable him to see His will concerning him." It is easy to see why this testimony wouldn't be included in a record where you are trying to show that Joseph Smith was a person trying to acquire work as a money digger. Which might be the reason the Tuttle and Marshall omitted the Joseph Smith Sr. testimony.

What verdict was brought against Joseph?

  1. Benton: tried and condemned ... designedly allowed to escape
  2. Cowdery: honorably acquitted
  3. Noble: was condemned, took leg bail
  4. Marshall: guilty?
  5. Tuttle: guilty?
  6. Purple: discharged
  7. Constable De Zeng: not a trial

Noble's statement is hearsay, since there is no evidence that he actually attended this trial. Furthermore, his statement and Benton's statement can't be taken as an indication that Joseph was judged guilty. For example, in Joseph's 1830 trial he was acquitted. The court said that they "find nothing to condemn you, and therefore you are discharged." Then Mr Reid testifies, "They then proceeded to reprimand him severely, not because anything derogatory to his character in any shape had been proven against him by the host of witnesses that had testified during the trial." [14]

The verdict indicated by Marshall and Tuttle is questionable. It seems to be appended as an afterthought. Throughout the document Joseph is referred to as the "prisoner", then after the last testimony, we have one sentence in which he is named a defendant, "And thereupon the Court finds the defendant guilty." Here we have suddenly a declaratory statement that is completely out of character with the rest of the Pearsall document. Also, if this were actually a trial, Joseph wouldn't have testified against himself as the first witness.

The examination was not a trial

Wesley P. Walters has demonstrated that this is not a trial. The Constable's charges of "19 cents attached to the mittimus marks it as the pre-trial 'commitment for want of bail' ...and not the post-trial 'warrant of commitment, on conviction, twenty-five cents." [15]

In the Tanners' anti-Mormon Salt Lake City Messenger, they stated, "Wesley P. Walters had convincingly demonstrated to us that we were dealing with 'an examination.' In a New Conductor Generalis, 1819, page 142, we learn that in an 'examination' the accused is not put under oath but that the witnesses are'" [16]

In all cases but one the witnesses were "sworn", whereas Joseph was examined. Judge Neeley's charges actually uses that precise terminology, "in examination of above cause". Therefore, since this wasn't a trial, one cannot have a guilty verdict.

Summary of testimony

  • Joseph Smith, Jr.: In the Purple account he tells about finding his stone and he exhibits his stone. In the Pearsall record it talks about how Stowell came and got Joseph, "had been employed by said Stowel on his farm, and going to school;" He informed Stowell where to find treasures, and buried coins and that he did it for the previous three years. But Joseph did not solicit and declined having anything to do with the business.
  • Joseph Smith Sr.: This testimony is only in the Purple account. We discussed earlier how he felt this power showed that Joseph was a seer and that Joseph Sr. was mortified by the use of the sacred power and that he hoped that eventually it would get used correctly. Since this testimony puts Joseph in a positive light it is understandable why it wasn't included in the published versions of the Pearsall account.
  • Josiah Stowell: His employer's testimony in the Purple account has Josiah say that Joseph could see 50 feet below the surface, described many circumstances to confirm his words. He said, "do I believe it? No, it is not a matter of belief: I positively know it to be true."
We go to the Pearsall record, for a slightly different account of the Josiah Stowell testimony. It tells how Joseph "looked through stone, and described Josiah Stowel's house and out-houses while at Palmyra, at Simpson Stowel's, correctly; that he had told about a painted tree with a man's hand painted upon it, by means of said stone;" Josiah tells about Joseph's being employed part time. It also contains the part that "he positively knew that the prisoner could tell, and professed the art of seeing those valuable treasures through the medium of said stone." He talked about finding something for Deacon Attelon that looked like gold ore. Josiah talked about Mr. Bacon burying some money and that Joseph described how there was a feather buried with the money. They found the feather but the money was gone. Josiah said that he "had been in company with prisoner digging for gold, and had the most implicit faith in prisoner's skill."

Stowell joined the Church in 1830, and died in full fellowship, planning to join the Saints "in Zion."[17]

  • Horace Stowell: This testimony is only found in the Neely record. It is a short testimony that describes where a chest of dollars was buried in Winchester County and that Joseph marked the size of the chest with leaves on the ground.
  • Arad Stowell: This witness went to see Joseph and wanted Joseph to display his skill. He laid out a book on a cloth. While holding a white stone to a candle, he read the book. Arad said that he was disappointed and went away because to him it was obviously a deception, but he doesn't tell us why he thought it was a deception. It would have been nice if he had told us why he thought that. Was it just that he had his mind made up before he went to see Joseph?

There are only three testimonies that are duplicated in both the Purple and Pearsall accounts. They are Joseph Smith, Josiah Stowel and Jonathan Thompson. In the Purple account Thompson said that he could not remember finding anything of value. He stated that Joseph claimed there was a treasure protected by sacrifice and that they had to be armed by fasting and prayer. They struck the treasure with a shovel. One man placed his hand on the treasure, but it gradually sunk out of reach. Joseph believed there was a lack of faith or devotion that caused the failure. They talked about getting the blood from a lamb and sprinkling it around.

Interestingly, the same witness in the Pearsall record says that Joseph indicated where the treasure was. He looked in the hat and told them how it was situated. An Indian had been killed and buried with the treasure. So this detail matches with the Purple account. The treasure kept settling away. Then Joseph talked about salt that could be found in Bainbridge and described money that Thompson had lost 16 years ago. Joseph described the man that had taken it and what happened to the money. There is nothing mentioned about sacrificing sheep or not having sufficient faith and so forth. The Pearsall record is supposedly a more complete written record, but it doesn't have the bleeding sheep, or fasting and prayer that characterizes the Purple account.

What happened to Josiah Stowell? Did he conclude he had been defrauded after the court hearing?

Stowell joined the Church and died in full fellowship

One biographical encyclopedia noted:

Josiah Stowell (sometimes spelled Stoal) was born in Winchester, New Hampshire, 22 March 1770, and later resided at his farm on the Susquehanna River, about 3.2 miles southwest of the village of South Bainbridge (now Afton). This village was part of the township of Bainbridge (now Afton), Chenango County, New York. In October 1825 Stowell was engaged in digging for reported Spanish treasure in the Ouaquaga (Ouaquagua) Mountains of Harmony, Susquehanna County, Pennsylvania. Hearing that Joseph Smith Jr. of Manchester, Ontario County, New York, had the ability to "discern things invisible to the natural eye," Mr. Stowell visited Joseph and employed him.

The men lodged at the home of Isaac Hale in Harmony. According to Hale, they dug from early November to about 17 November 1825, when successive failures caused them to withdraw to the Stowell farm. While at the Hale home, Joseph Smith had met Isaac's daughter, Emma. He continued to court her while he was employed in New York by Josiah Stowell and Joseph Knight Sr. After Joseph and Emma were married at South Bainbridge on 18 January 1827, Stowell gave the newlyweds a ride to Manchester, where they resided with Joseph's parents.

Stowell and Knight were both houseguests of the Smiths at Manchester on 21-22 September 1827, when Joseph Smith went to the Hill Cumorah and obtained the gold plates from Moroni. Stowell joined the Church in 1830 but did not go west with the Saints when they moved to Ohio in 1831. Josiah Stowell continued to express his belief in the Prophet and the Book of Mormon as indicated in a letter written by his son, Josiah Stowell Jr., to John S. Fullmer in February 1843. He also dictated a letter to the Prophet in Nauvoo on 19 December 1843 and told him of his desire "to come to Zion the next season"; however, conditions prevented his doing so. Josiah Stowell died in Smithboro, Tioga County, New York, on May 12, 1844. He is buried in the Smithboro Cemetery.[18]

Was Joseph Smith found guilty of being a "con man" in 1826?

Claims about Joseph being found guilty of being a "con man" in court usually revolve around either a misunderstanding or misrepresentation of Joseph's 1826 court hearing

Claims that Joseph was a "juggler," or "conjurer" were a common 19th century method of dismissing his prophetic claims via ad hominem. Modern-day claims about him being found to be a "con man" are simply the same attack with updated language, usually bolstered by a misunderstanding or misrepresentation of Joseph's 1826 court hearing.

Joseph's tendency to assume the best of others, even to his own repeated detriment, also argues for his sincerity. One might legitimately claim that Joseph was mistaken about his prophetic claims, but it will not do to claim that he was cynically, knowingly deceiving others for his own gain.

Claims about Joseph being found guilty of being a "con man" in court usually revolve around either a misunderstanding or misrepresentation of Joseph's 1826 court hearing:

Main article:1826 trial for "glasslooking"

Even if one rejects Joseph's claims to divine revelation or special abilities, his conduct still does not match that of a "con man"

  • Con men seek out their marks; Joseph was approached for his help by those who had heard about him
  • Con men travel from place to place, staying one step ahead of the law while defrauding their marks; Joseph was known locally and remained in his local area

Brant Gardner noted:

One very subtle but very important aspect of all of the dealings of the village seers is their relationship with their clients. The true cunning men and wise women were fixtures in the community. They received clients; they did not seek them out. In the cases reported about Sally Chase, her clients came to her. We have four descriptions of Joseph as this kind of village seer; and in each case, the client came to him with his problem....[T]hose who were searching for treasure invited the adept, but the cunning man or wise woman did not actively seek their employ.[19]

Broader character traits that argue against the "con-man hypothesis"

When Joseph's career is examined more broadly, there are other factors which argue for his sincerity. Arguably one character trait which gave Joseph repeated trouble was his willingness to trust others and give them the benefit of the doubt. His striking ability to accept people at face value, never doubting that their motives were as pure as his own, has many exemplars. The case of W.W. Phelps is one.

Phelps had betrayed Joseph and the Church during the Missouri persecutions, and contributed to Joseph's confinement in Liberty Jail. His signature was on the petition that resulted in the extermination order which led to the Saints' murder and dispossession. After receiving a penitent letter from Phelps, Joseph quickly responded

I must say that it is with no ordinary feelings I endeavor to write a few lines to you… I am rejoiced at the privilege granted me… when we read your letter—truly our hearts were melted into tenderness and compassion when we ascertained your resolves… It is true, that we have suffered much in consequence of your behavior… we say it is your privilege to be delivered from the powers of the adversary, be brought into the liberty of God's dear children, and again take your stand among the Saints of the Most High, and by diligence, humility, and love unfeigned, commend yourself to our God, and your God, and to the Church of Jesus Christ…

Believing your confession to be real, and your repentance genuine, I shall be happy once again to give you the right hand of fellowship, and rejoice over the returning prodigal…

"Come on, dear brother, since the war is past, For friends at first, are friends again at last."[20]

So it was that Joseph, while willing to do almost anything―from taking up arms, to petitioning presidents, to launching a campaign of disinformation―to protect the revealed Restoration and the Latter-day Saints, repeatedly opened himself to abuse and worse because of his apparent inability or unwillingness to think the worst of someone in advance of the evidence. Joseph assumed that all men were as purely motivated as he was. "It takes a con to know a con," and Joseph wasn’t a con.[21] If he had been cynically exploiting others, he would have tended to ascribe his own base motives of deception and taking advantage to others, and probably would have been more cautious. But, he did not. Elder B.H. Roberts, a seventy and historian, noted years later that:

[Joseph Smith had] a too implicit trust in [men's] protestations of repentance when overtaken in their sins; a too great tenacity in friendship for men he had once taken into his confidence after they had been proven unworthy of the friendship.…[22]

A prime example of this phenomenon is the case of John C. Bennett. Soon after Bennett's baptism in Nauvoo, Joseph received a letter reporting Bennett's abandonment of wife and children. Joseph knew from personal experience that "it is no uncommon thing for good men to be evil spoken against,"[23] and did nothing precipitous. The accusations against Bennett gained credence when Joseph learned of his attempts to persuade a young woman "that he intended to marry her." Joseph dispatched Hyrum Smith and William Law to make inquiries, and in early July 1841 he learned that Bennett had a wife and children living in the east. Non-LDS sources confirmed Bennett's infidelity: one noted that he "heard it from almost every person in town that [his wife] left him in consequence of his ill treatment of her home and his intimacy with other women." Another source reported that Bennett's wife "declared that she could no longer live with him…it would be the seventh family that he had parted during their union."[24]

When confronted with the evidence privately, Bennett confessed and promised to reform. He did not, though Joseph did not make his sins public until nearly a year later.[25]

See also:John C. Bennett

Other examples of misplaced trust include George M. Hinckle, who sold Joseph out to the Missouri militia (resulting in his near-execution and his imprisonment in Liberty Jail) and William Law, who would help publish the Nauvoo Expositor, a newspaper which called for Joseph's death and contributed to the martyrdom.

Learn more about Joseph Smith: character
Wiki links
FAIR links
  • Don Bradley, "Knowing Brother Joseph: How the Historical Record Demonstrates the Prophet’s Religious Sincerity," Proceedings of the 2023 FAIR Conference (August 2023). link
  • Gregory Smith, "Everything You Always Wanted to Know About Plural Marriage* (*but were afraid to ask)," Proceedings of the 2009 FAIR Conference (August 2009). link
Online
  • Brian C. Hales and Gregory L. Smith, "A Response to Grant Palmer's 'Sexual Allegations against Joseph Smith and the Beginnings of Polygamy in Nauvoo'," Interpreter: A Journal of Mormon Scripture 12/8 (10 October 2014). [183–236] link
Video
  • "Joseph Smith and fraud allegations," BH Roberts Foundation print-link.
Navigators

Source(s) of the criticism—Joseph found guilty of being "a con man"?
Critical sources
Early works that label Joseph a "juggler" or "conjurer"
  • “A hungry lean-faced villain,” The Reflector (Palmyra, New York) 3d series, no. 7 (30 June 1830): xxx. off-site [citation needed]
  • Rev. John Shearer, letter of 18 November 1830; reproduced in Dan Vogel (editor), Early Mormon Documents (Salt Lake City, Signature Books, 1996–2003), 5 vols, 4:92-93.
  • “Gold Bible, No. 5,” The Reflector (Palmyra, New York) 2, no. 14 (28 February 1831): ??. off-site [citation needed]
  • A.W.B. [Abraham W. Benton], “Mormonites,” Evangelical Magazine and Gospel Advocate 2/15 (Utica, New York) (9 April 1831): 1.
    "Although [Joseph] constantly failed in his pretensions, still he had his dupes who put implicit confidence in all his words....It is reported, and probably true, that he commenced his juggling by stealing and hiding property belonging to his neighbors, and when inquiry was made, he would look in his wone (his gift and power) and tell where it was."
  • Eber D. Howe, Mormonism Unvailed (Painesville, OH, 1834), 16. (Affidavits examined)

Later works that use the modern terms "con man," "confidence man," or "con game"

  • Harry M. Beardsley, Joseph Smith and His Mormon Empire (Boston, New York: Houghton Mifflin Company, 1931), 43.
  • Wesley P. Walters, "Joseph Smith's Bainbridge, N.Y., Court Trials," Westminster Theological Journal 36/2 (Winter 1974): 141.
  • Wesley P. Walters, "From Occult to Cult With Joseph Smith, Jr.," Journal of Pastoral Practice 1/2 (Summer 1977): 122.
  • Kenneth H. Winn, Exiles in a Land of Liberty : Mormons in America, 1830–1846 (Chapel Hill : University of North Carolina Press, 1989), 82, see also index. ISBN 0807818291
  • David Persuitte, Joseph Smith and the Origins of The Book of Mormon (2nd edition), (McFarland & Company, October 2000), 37 ( Index of claims )
  • Craig Criddle, "Sidney Rigdon:Creating the Book of Mormon," e-paper, sidneyrigdon.com (originally published 8 October 2005; revised 15 Mar 2009), sec 2., part 6.
  • Dale R. Broadhurst, "Joseph Smith: Nineteenth Century Con Man?" sidneyrigdon.com (web paper, accessed 12 November 2010).

Source(s) of the criticism—Joseph's 1826 trial
Critical sources

Notes

  1. Gordon A. Madsen, "Joseph Smith's 1826 Trial: The Legal Setting," Brigham Young University Studies 30 no. 2 (1990), 106.
  2. Lucy Mack Smith, Biographical Sketches of Joseph Smith the Prophet, and His Progenitors for Many Generations (Liverpool, S.W. Richards, 1853), 103.
  3. Dan Vogel (editor), Early Mormon Documents (Salt Lake City, Signature Books, 1996–2003), 5 vols, 4:252–253.
  4. Lucy Mack Smith, Biographical Sketches of Joseph Smith the Prophet, and His Progenitors for Many Generations (Liverpool, S.W. Richards, 1853), 103.
  5. H. Michael Marquardt and Wesley P. Walters, Inventing Mormonism: Tradition and the Historical Record (Salt Lake City, Utah: Smith Research Associates [distributed by Signature Books], 1994), 227.
  6. Francis Kirkham, A New Witness for Christ in America: The Book of Mormon, 2 vols., (Salt Lake City: Utah Printing, 1959[1942]), 1:479. ASIN B000HMY138.
  7. Dan Vogel (editor), Early Mormon Documents (Salt Lake City, Signature Books, 1996–2003), 5 vols, 4:248–249..
  8. Anonymous, "Highlights in the Prophet’s Life," Ensign (Jun 1994): 24. off-site
  9. Wesley P. Walters, "Joseph Smith's Bainbridge, N.Y. Court Trials," The Westminster Theological Journal 36:2 (1974), 153.
  10. D. Michael Quinn, Early Mormonism and the Magic World View, revised and enlarged edition, (Salt Lake City: Signature Books, 1998), 30 ( Index of claims )
  11. Quinn, 5
  12. Wesley P. Walters, "Joseph Smith's Bainbridge, N.Y. Court Trials," The Westminster Theological Journal 36:2 (1974), 141–142.
  13. Note too D. Michael Quinn's efforts to distort the clear meaning of this statute as discussed in John Gee, "Review of Early Mormonism and the Magic World View, revised and enlarged edition, by D. Michael Quinn," FARMS Review of Books 12/2 (2000): 185–224. [{{{url}}} off-site]. See also FairMormon Answers link here.
  14. Brigham H. Roberts, Comprehensive History of the Church (Provo, Utah: Brigham Young University Press, 1965), 1:211. GospeLink
  15. Wesley P. Walters, "Joseph Smith's Bainbridge, N.Y. Court Trials," The Westminster Theological Journal 36:2 (1974), 140, note 36.
  16. Jerald and Sandra Tanner, Salt Lake City Messenger 68 (July 1988): 9.
  17. Larry C. Porter, "Stowell, Josiah," in Encyclopedia of Latter-day Saint History, edited by Donald Q. Cannon, Richard O. Cowan, Arnold K. Garr (Salt Lake City, Utah : Deseret Book Co., 2000).
  18. Larry C. Porter, "Stowell, Josiah," in Encyclopedia of Latter-day Saint History, edited by Donald Q. Cannon, Richard O. Cowan, Arnold K. Garr (Salt Lake City, Utah : Deseret Book Co., 2000).
  19. Brant A. Gardner, The Gift and Power: Translating the Book of Mormon (Greg Kofford Books, 2011), 82.
  20. Joseph Smith to William W. Phelps, "Dear Brother Phelps, 22 July 1840, Nauvoo, Illinois; cited in History of the Church, [citation needed]:162-164. [citation needed]/1.html&A={{{start}}} Volume [citation needed] link
  21. On the evident sincerity of Joseph in his personal writings, see Paul H. Peterson, "Understanding Joseph: A Review of Published Documentary Sources," in Joseph Smith: The Prophet, the Man, ed. Susan Easton Black and Charles D. Tate (Salt Lake City, Utah: Deseret Book Company, 1988), 109–110.
  22. Brigham H. Roberts, Comprehensive History of the Church (Provo, Utah: Brigham Young University Press, 1965). GospeLink
  23. "To the Church of Jesus Christ of Latter Day Saints, and to All the Honorable Part of the Community," Times and Seasons 3 no. 17 (1 July 1842), 839. off-site GospeLink
  24. History of the Church, 5:35-37. Volume 5 link
  25. For more details, see a discussion of the entire complex Bennett period here in PDF.

25

Claim
Isaac Hale objected to marriage of Emma to Joseph because of “disreputable occupation of looking for treasure with magic stones rather than working the land like a respectable farmer."

Author's source(s)

Response


26

Claim
During the translation, Joseph would work on one side of the blanket "with the Urim and Thummim as a kind of magic spectacles, his favorite seer stone, the golden plates, and the hat, while the scribe worked on the other."

Author's source(s)

Response


26

Claim
Joseph would "bury his face with the seer stone in the hat and then dictate words to the scribe."

Author's source(s)

Response


29

Claim
 Author's quote: View of the Hebrews...containing considerable material on the subject, as well as a description of ancient Central American Indian ruins.

Author's source(s)

  • No source provided.

Response


31

Claim
Book of Abraham used to justify policy toward blacks.


Response


31

Claim
Joseph Smith used seer stone in 1836 to try and find treasure under a house in Salem, Mass.

Author's source(s)

Response


34 - Danites were pledged to “plunder, lie, and even kill if deemed necessary"

The author(s) of Mormon America: The Power and the Promise make(s) the following claim:

Danites were pledged to “plunder, lie, and even kill if deemed necessary."

Author's sources: Source not specified.

FAIR's Response

Gospel Topics: "At the Latter-day Saint settlement of Far West, some leaders and members organized a paramilitary group known as the Danites"

"Peace and Violence among 19th-Century Latter-day Saints," Gospel Topics on LDS.org:

At the Latter-day Saint settlement of Far West, some leaders and members organized a paramilitary group known as the Danites, whose objective was to defend the community against dissident and excommunicated Latter-day Saints as well as other Missourians. Historians generally concur that Joseph Smith approved of the Danites but that he probably was not briefed on all their plans and likely did not sanction the full range of their activities. Danites intimidated Church dissenters and other Missourians; for instance, they warned some dissenters to leave Caldwell County. During the fall of 1838, as tensions escalated during what is now known as the Mormon Missouri War, the Danites were apparently absorbed into militias largely composed of Latter-day Saints. These militias clashed with their Missouri opponents, leading to a few fatalities on both sides. In addition, Mormon vigilantes, including many Danites, raided two towns believed to be centers of anti-Mormon activity, burning homes and stealing goods.22 Though the existence of the Danites was short-lived, it resulted in a longstanding and much-embellished myth about a secret society of Mormon vigilantes.[1]


Question: Did Joseph Smith and Sidney Rigdon support the formation of a vigilante band called the Danites?

The Danites are sometimes confused with the “Armies of Israel,” which was the official defensive organization that was tasked with defending the Saints

The Danites were a brotherhood of church members that formed in Far West, Missouri in mid-1838. By this point in time, the Saints had experienced serious persecution, having been driven out of Kirtland by apostates, and driven out of Jackson County by mobs. Sidney Rigdon was publicly preaching that the Saints would not tolerate any more persecution, and that both apostates and mobs would be put on notice. The Danite organization took root within this highly charged and defensive environment.

The Danites are sometimes confused with the “Armies of Israel,” which was the official defensive organization that was tasked with defending the Saints, and which was supported by Joseph Smith and Sidney Rigdon. This is complicated by the fact that members of the Danite organization also served in the “Armies of Israel.”

Although Joseph Smith was aware of the intent of the Danites to cleanse the Church of "evil," he rejected the illegal activities of the Danite band

Regardless of their original motives, the Danites ultimately were led astray by their leader, Sampson Avard. Avard attempted to blame Joseph Smith in order to save himself. Joseph, however, clearly repudiated both the organization and Avard.


Question: When was the Danite band formed and why?

Sidney Rigdon gave a speech against dissenters on 17 June 1838 in Far West known as the "Salt Sermon"

Rigdon's speech was directly targeted at dissenters within the Church, and strongly implied that they should leave.

Leland H. Gentry,

The first official encouragement given to removing these "dissenters" from Caldwell County came in the form of a speech given by Sidney Rigdon on Sunday, 17 June 1838. Familiarly known in church history annals as the "Salt Sermon," Rigdon's address remains one of the controversial events of the period.[2]:423

Gentry notes John Corrill's description of the sermon,

President Rigdon delivered from the pulpit what I call the "Salt Sermon;" 'If the salt hath lost its savour, it is thenceforth good for nothing but to be cast out and trodden under the feet of men,' was his text; and although he did not call names in his sermon, yet it was plainly understood that he meant the dissenters or those who had denied the faith. He indirectly accused some of them with crime.[3]

The Danites appear to have been formally created about the time that Sidney Rigdon gave his “Salt Sermon” in Far West

The Danites were led by Dr. Sampson Avard, and the group appears to have been formally formed about the time that Sidney Rigdon gave his “Salt Sermon” in Far West, in which he gave apostates an ultimatum to get out or suffer consequences.[2]:4 According to Avard, the original purpose of the band was to “drive from the county of Caldwell all that dissented from the Mormon church.”[4]:25 Once the dissenters had left the country, the Danites turned their attention to defending the Saints from mobs.


Question: Is it true that the Danites were pledged to “plunder, lie, and even kill if deemed necessary?"

Sampson Avard began retaliation against those who persecuted the Saints, including stealing and plundering

After the dissenters left Far West, Avard, took the idea of defending the Saints one step further by including retaliation against those who persecuted the Saints. Thus, the Danites began operating as a vigilante group outside the law. This, unfortunately, included stealing and plundering from those who stole and plundered from the Saints.[2]:4 The Danites believed that if they consecrated plundered goods to the Church, that they would be protected in battle.[2]:9 The group held secret meetings, with special signs used to identify themselves to one another.


Question: How were the activities of the Danite band exposed?

Sampson Avard was eventually brought to trial, and he blamed Joseph Smith for the Danite's activities

Much of the information that we have about the Danite organization comes from the document describing the criminal court of inquiry held against church leaders in Richmond, Missouri on November 12, 1838. When the group’s activities were exposed and church leaders brought to trial, Avard became a primary witness for the prosecution, and laid the blame for the Danites at the feet of Joseph Smith. Avard claimed that he had been acting under the direction of the First Presidency.[5]:7

Several witnesses indicated that Avard indicated that he would lie in order to incriminate the Church, and it is apparent that he testified in order to save himself.[4][6] Avard even produced a “Danite Constitution” for the court, despite the fact that nobody else in the organization had ever heard of it or seen it until that time.[5]:11-12

Joseph Smith rejected the Danite band and referred to them as a "secret combination"

Joseph Smith referred to the Danites as a “secret combination.”[7] Referring to Avard’s testimony before the judge, B.H. Roberts states,

This lecture of the doctor's revealed for the first time the true intent of his designs, and the brethren he had duped suddenly had their eyes opened, and they at once revolted and manfully rejected his teachings. Avard saw that he had played and lost, so he said they had better let the matter drop where it was. As soon as Avard's villainy was brought to the knowledge of the president of The Church he was promptly excommunicated, and was afterwards found making an effort to become friends with the mob, and conspiring against The Church. This is the history of the Danite band, "which", says the Prophet Joseph, "died almost before it had an existence."[8]

Sampson Avard had a reputation for not being trustworthy

There is clear consensus among both Mormon and non-Mormon early sources that Sampson Avard was not trustworthy.[5] Additionally, there is a well-documented case of Avard attempting to do what he was eventually accused of doing with the Danites: taking advantage of inefficient and ambiguous lines of communication and authority to establish his own command.

In his biography of John Taylor, B.H. Roberts recorded an incident wherein Avard tried take over the Church in Canada by feigning authority from Joseph Smith, when he in fact did not have any.[9] For many years this account was not supported by any first-hand accounts, but recently this incident has been confirmed by an account in the journal of Joseph Horne, a member of the Church who rode with Avard up to Canada and witnessed the attempt to take over the Church there.[10]


Question: Did the Danite band persist even after they were exposed?

Legends of “Danites” persisted for many years as the Saints moved to Nauvoo and later to Utah

Legends of “Danites” persisted for many years as the Saints moved to Nauvoo and later to Utah. The mysterious “Danites” have served as villains in fictional stories such as the first Sherlock Holmes novel, A Study in Scarlet. Danites are sometimes associated with the Mountain Meadows Massacre, since one of the principal protagonists of that unfortunate event, John D. Lee, was himself once a member of the Danites in Missouri. With the help of imaginative writers, the mysterious “Danites” took on the status of an “urban legend” as a shadowy, mysterious vigilante group which enforced the will of church leaders by practicing blood atonement on those who opposed them. Brigham Young gave his opinion of such rumors during a conference talk on April 7, 1867 when he said:

Is there war in our religion? No; neither war nor bloodshed. Yet our enemies cry out "bloodshed," and "oh, what dreadful men these Mormons are, and those Danites! how they slay and kill!" Such is all nonsense and folly in the extreme. The wicked slay the wicked, and they will lay it on the Saints.[11]


Chapter 3: The American Exodus

40

Claim
The authors claim that a warrant was issued to arrest Brigham Young on a charge of sheltering counterfeiters.


Response
 FAIR WIKI EDITORS: Check sources


42

Claim
The authors claim that there is historical evidence that Joseph Smith blessed his son, Joseph III that he would become his successor.


Response
 FAIR WIKI EDITORS: Check sources


54

Claim
Mountain Meadows massacre.


Response


Chapter 4: Polygamy Then and Now

58

Claim
Joseph started polygamy and had a large number of wives.

Author's source(s)

Response


58

Claim
The authors claim that Fawn Brodie’s research was largely substantiated by later scholarship.


Response


58 - There were at least five cases of women who rejected his polygamous proposals

The author(s) of Mormon America: The Power and the Promise make(s) the following claim:

There were at least five cases of women who rejected his polygamous proposals.

FAIR's Response

Articles about Plural marriage
Doctrinal foundation of plural marriage
Introduction of plural marriage
Plural marriage in Utah
End of plural marriage

Were plural wives forced into the marriage?

Plural wives were not forced into marriage

Brian Hales:

Some writers affirm that Joseph Smith put pressure on women to marry him. They portray him almost as a predator gallivanting about Nauvoo seeking new wives, even marrying other men’s spouses. While it makes for an entertaining storyline, it does not square with the historical record. One of Joseph’s plural wives, Lucy Walker, remembered the Prophet's counsel: "A woman would have her choice, this was a privilege that could not be denied her." The Prophet taught that eternal marriage was necessary for exaltation and encouraged all those he taught to comply, but he always respected their agency and choices in the matter.[12]

How many Mormon women refused offers of plural marriage?

It is difficult to know how many women refused plural marriage—if they said nothing, then we may have no way of knowing if they refused. Some cited in LDS sources include:

  • Sarah Granger Kimball
  • Rachel Ivins (Grant)
  • Lydia Moon
  • Cordelia C. Morley (Cox)
  • Esther M. Johnson
  • Nancy Rigdon - daughter of Sidney Rigdon
  • Sarah Pratt - wife of Orson Pratt[13]

Anti-Mormon sources list several other possibilities, but it is hard to know how far to trust them. As Compton notes, "Some ... are fairly well documented; others are sensationalist and badly documented." These include:

  • Jane Silverthorne (Law) - wife of William Law
  • Leonora Cannon (Taylor) - wife of John Taylor
  • Melissa Schindle
  • Emeline White
  • Mrs. Robert Foster
  • Pamela Michael
  • Mrs. Caroline Grant Smith
  • Lucy Smith Milligan (or Miliken)
  • Lavina Smith
  • Miss Marks - daughter of William Marks
  • Athalia Rigdon[14]

Source(s) of the criticism
Critical sources
  • Watchman Fellowship, The Watchman Expositor (Page 3)

Did any woman suffer consequences for turning down Joseph's proposal?

Two women afterward attacked Joseph's character and misrepresented his offer, to which Joseph responded. Those who did not were left strictly alone

There are numerous accounts of women to whom Joseph proposed plural marriage, who turned him down.

Two women afterward attacked Joseph's character and misrepresented his offer. He responded. Those who did not were left strictly alone. There were no consequences to these women. Sarah Kimball reported Joseph's mild reaction to the rejection:

Early in the year 1842, Joseph Smith taught me the principle of marriage for eternity, and the doctrine of plural marriage. He said that in teaching this he realized that he jeopardized his life; but God had revealed it to him many years before as a privilege with blessings, now God had revealed it again and instructed him to teach it with commandment, as the Church could travel (progress) no further without the introduction of this principle. I asked him to teach it to some one else. He looked at me reprovingly, and said, 'Will you tell me who to teach it to? God required me to teach it to you, and leave you with the responsibility of believing or disbelieving.‘ He said, 'I will not cease to pray for you, and if you will seek unto God in prayer you will not be led into temptation.'[15]

(Sarah's husband was not a member of the Church until 1843. There was some tension between him and Joseph as a result of this episode, but he seems to have resolved any animosity he held for the prophet.[16] They were later to go Utah with the Saints, where Sarah assumed a prominent role in the Relief Society. Her husband died while en route to a mission in Hawaii.[17]

Other women loudly trumpeted the plural marriage doctrine in Nauvoo and the hostile press. These women's testimony and character were generally attacked to try to discredit them in an effort to preserve the secrecy which surrounded plural marriage. (This factor is complicated by the fact that at least some were guilty of inappropriate behavior (e.g., likely Sarah Pratt). Despite attacks on their character, some remained in Nauvoo and likewise suffered no physical harm (e.g., Nancy Rigdon).

Were women put under "tremendous pressure" to accept a proposal of plural marriage?

Given that the Saints believed Joseph was a prophet, any command from him would carry significant weight

  • No one was coerced or forced into marriage (see above). However, given that the Saints believed Joseph was a prophet, any command from him would carry significant weight.
  • Despite this, the reported initial reactions are all negative: these women were strong-minded, and did not simply obey because Joseph told them to.
  • Because of their distaste for the idea, many plural wives reported divine revelations that confirmed the truth of plural marriage. Joseph encouraged women to seek for such divine confirmation.

Did Joseph Smith give a woman only one day to decide about entering a plural marriage, and would refusal mean terrible consequences?

One woman was told that the opportunity for plural marriage would expire in twenty-four hours. She was not threatened with damnation or physical consequences

This claim distorts the account of Lucy Walker. Joseph offered to teach Lucy about plural marriage, but she angrily refused:

When the Prophet Joseph Smith first mentioned the principle of plural marriage to me I became very indignant and told him emphatically that I did not wish him to ever mention it to me again....and so expressed myself to him....He counseled me, however, to pray to the Lord for light and understanding in relation thereto, and promised me if I would do so sincerely, I should receive a testimony of the correctness of the principle. Before praying I felt gloomy and downcast; in fact, I was so entirely given up to despair that I felt tired of life...."

Joseph then said nothing more to her for at least four months (and possibly as long as sixteen). Lucy continues:

[I] was so unwilling to consider the matter favorably that I fear I did not ask in faith for light. Gross darkness instead of light took possession of my mind. I was tempted and tortured beyond endurance until life was not desirable....

The Prophet discerned my sorrow. He saw how unhappy I was, and sought an opportunity of again speaking to me on this subject....

[He said] "I have no flattering words to offer. It is a command of God to you. I will give you until tomorrow to decide this matter. If you reject this message the gate will be closed forever against you."

– Lucy Walker, italics added

Lucy was told that the opportunity for plural marriage would expire in twenty-four hours. She was not threatened with damnation or physical consequences. Yet, she did not meekly obey:

This aroused every drop of scotch in my veins...I felt at this moment that I was called to place myself upon the altar a living Sacrafice, perhaps to brook the world in disgrace and incur the displeasure and contempt of my youthful companions; all my dreams of happiness blown to the four winds, this was too much, the thought was unbearable.... I...at last found utterance and said, "Although you are a prophet of God you could not induce me to take a step of so great importance, unless I knew that God approved my course. I would rather die. I have tried to pray but received no comfort, no light....The same God who has sent this message is the Being I have worshipped from my early childhood and He must manifest His will to me."

Joseph's response:

He walked across the room, returned, and stood before me. With the most beautiful expression of countenance, he said, "God almighty bless you. You shall have a manifestation of the will of God concerning you; a testimony that you can never deny. I will tell you what it shall be. It shall be that peace and joy that you never knew."

That night, Lucy reported:

It was near after another sleepless night when my room was lighted up by a heavenly influence. To me it was, in comparison, like the brilliant sun bursting through the darkest cloud. The words of the Prophet were indeed fulfilled. My soul was filled with a calm, sweet peace that "I never knew." Supreme happiness took possession of me, and I received a powerful and irresistible testimony of the truth of plural marriage, which has been like an anchor to the soul through all the trials of life. I felt that I must go out into the morning air and give vent to the joy and gratitude that filled my soul. As I descended the stairs, President Smith opened the door below, took me by the hand and said, "Thank God, you have the testimony. I too have prayed." He led me to a chair, placed his hands upon my head, and blessed me with every blessing my heart could possibly desire.

– Lucy Walker

Even with Lucy's revelation and consent, Joseph then sought the permission of her oldest male relative in Nauvoo, her brother William Holmes Walker. He said:

The Prophet invited me to hitch up my horse with one of his...and to ride with him....On this occasion the subject of celestial, or plural marriage, was introduced to me. As we returned home he remarked, 'If there was anything I did not understand to hold on a little, and I would understand it."....

In the spring of 1843, my father, being away on a mission, the Prophet asked my consent, for my sister Lucy in Marriage. I replied that if it was her free will and choice, I had no objection....

When father returned from his mission, the matter being fully explained in connection with the doctrine, received his endorsement and all parties concerned received his approbation.

— William Holmes Walker

This is the only case of any kind of deadline being given, and it only came because Joseph saw how unhappy Lucy was as she hesitated with a decision over a period of months.

Did Joseph claim that an angel threatened him with a "drawn sword" or "flaming sword" if a woman refused to marry him?

The references to the "angel with a sword" refer to Joseph's postponement of the initiation of polygamy

Zina Diantha Huntington Jacobs said that Joseph mentioned an angel with a drawn sword.[18] The account of a "flaming" sword came from Eliza Snow and Orson F. Whitney.

The "angel with a sword" reference refers to Joseph's postponement of the practice of polygamy. Brian Hales notes that,

"Twenty-one accounts by nine polygamy insiders left recollections that the Prophet told of one specific reason: an angel with a sword who threatened him if he did not proceed. All nine witnesses could have heard the statement from the Prophet himself; however, the narratives themselves suggest that Benjamin F. Johnson and Eliza R. Snow may have been repeating information gathered from other people. Joseph Lee Robinson's narrative is difficult to date and his actual source is not clear. Lorenzo Snow, Erastus Snow, and Mary Elizabeth Rollins Lightner quote the Prophet directly and Mary Elizabeth provides details not available elsewhere. Unfortunately, with the possible exception of the Robinson account, all of the reminiscences date to at least twenty to thirty years after the event." [19]

Here are the quotes attributed to Zina on the matter:

1881: Zina Huntington—Zina D. Young told of Bro. Joseph's remark in relation to the revelation on celestial marriage. How an angel came to him with a drawn sword, and said if he did not obey this law he would lost his priesthood; and in the keeping of it he, Joseph, did not know but it would cost him his life. [20]

1894: Zina Huntington—[Joseph] sent word to me by my brother, saying, 'Tell Zina I put it off and put it off till an angel with a drawn sword stood by me and told me if I did not establish that principle upon the earth, I would lost my position and my life.'" [21]

Were women "locked in a room" in order to convince them to accept plural marriage?

While Nancy Rigdon and Martha Brotherton were likely approached about plural marriage in private, it is unlikely that they were locked in rooms or confined against their will

The author of Nauvoo Polygamy:..."but we called it celestial marriage," claims that "…both Nancy [Rigdon] and Martha [Brotherton] were…isolated in a locked room during the...effort" to persuade them to practice plural marriage.[22]

The claims about being "locked in a room," while dramatic, seem unlikely. Much of the evidence hinges on the unreliable and vindictive John C. Bennett, who published the exposé, The History of the Saints, or an Exposé of Joe Smith and Mormonism. While Nancy and Martha were likely approached about plural marriage in private, it is unlikely that they were locked in rooms or confined against their will.

Hyrum Smith touched upon this subject during a Conference talk on April 6, 1842:

He [Hyrum Smith] then spoke in contradiction of a report in circulation about Elder Kimball, B. Young, himself, and others of the Twelve, alledging that a sister had been shut in a room for several days, and that they had endeavored to induce her to believe in having two wives...

Pres't. J. Smith spoke upon the subject of the stories respecting Elder Kimball and others, showing the folly and inconsistency of spending any time in conversing about such stories or hearkening to them, for there is no person that is acquainted with our principles would believe such lies, except Sharp the editor of the "Warsaw Signal."[23]

The claim that Martha was locked in a room for "days" is likely an exaggerated rumor: It was more likely "about ten minutes" while Joseph was summoned

RLDS authors Richard and Pamela Price, who firmly believed that Joseph did not practice plural marriage, uses the Times and Seasons account to assert that Martha "changed her story" regarding the length of time during which she was held in the room:

The records show that Martha changed her story. As Hyrum reported to the Conference, at first she had told that she was locked in a room for days. But since that was such a ridiculous, unbelievable story, she changed it in her St. Louis affidavit to read that Brigham locked her in Joseph's office for only "about ten minutes."

However, we have no access to Martha's original story, so the Prices' assumption that Martha originally claimed that she was held in the room for a number of days cannot be verified. The source of the claim that Martha was held in the room for "days" is likely an exaggeration, however, the source of the rumor cannot be determined. The claim that she was locked in the office for "about ten minutes" while Joseph was summoned seems much more plausible.

The Prices provide additional reasoning against the idea that Martha was in the room for a number of days,

It would have been impossible for Martha to have been imprisoned in any room in the Red Brick Store without it being detected. In fact, she could not have gone up and down the stairs and from room to room without being observed by many. The store was a small, two-story building, and Joseph's office was only about ten feet square. Since dozens of people came to the store daily, her calls for help would have been heard. Martha had but one witness—John Bennett, who asserted in the Sangamo Journal for July 15, 1842, "She was locked up ... I saw her taken into the accursed room."

If Martha's story had been true, there would have been many witnesses, because Joseph' s store was the hub of activity in Nauvoo. People came to the store to buy everything from food to footwear. The store building also housed the headquarters for the Church and the city. There, the people paid their tithing and taxes, and conducted banking and real estate business. The store was alive with people by day and by night, for it was also in constant use as a civic and religious center…."[24]

One suspects Bennett's influence in this part of the story, since Bennett would likewise claim Joseph locked him in a room. In Bennett's case, the story is unworkable and contradicted by a non-LDS eyewitnesses.[25]

See also Brian Hales' discussion
Why did early members of the Church practice polygamy? Were they all dupes? Easily manipulated? Religious fanatics who believed Joseph could do no wrong? This article explores the initial reactions and eventual decisions made by the first generation of polygamists in Nauvoo.

Some critics would have readers believe that Joseph Smith simply had to smile at the young maidens of Nauvoo, and they would readily accept Joseph’s offers of marriage, perhaps acting on hidden desires to be with the handsome young prophet. Others characterize the women as acquiescing because of religious zealousness or coercion, unwilling victims of a lustful prophet wielding his powers of persuasion.

While these make for dramatic stories, the reality was certainly more complex than these colorful narratives would lead one to believe.


Learn more about polygamy and claims of coercion


Notes

  1. "Peace and Violence among 19th-Century Latter-day Saints," Gospel Topics on LDS.org (May 2014)
  2. 2.0 2.1 2.2 2.3 Leland H. Gentry, ""The Danite Band of 1838"," Brigham Young University Studies 14 no. 4 (1974).
  3. John Corrill, A Brief History of the Church of Jesus Christ of Latter-day Saints (Commonly Called Mormons) (1839), 31. Cited in Gentry, "The Danite Band", 423.
  4. 4.0 4.1 Document Containing the Correspondence, Orders &c. in Relation to the Disturbances with the Mormons; And the Evidence Given Before the Hon. Austin A. King, Judge of the Fifth Judicial Circuit of the State of Missouri, at the Court-House in Richmond, in a Criminal Court of Inquiry, Begun November 12, 1838, on the Trial of Joseph Smith, Jr., and Others, for High Treason and Other Crimes Against the State., (1841) U.S. Government Printing Office.
  5. 5.0 5.1 5.2 Leland Homer Gentry and Todd Compton, Fire and the Sword: A History of the Latter-day Saints in Northern Missouri (Greg Kofford Books, 2013), 245.
  6. 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), 3:209–210. Volume 3 link
  7. 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), 3:179. Volume 3 link
  8. B.H. Roberts, The Missouri Persecutions, 1900, p. 220
  9. B. H. Roberts, Life of John Taylor (Salt Lake City, Utah: George Q. Cannon & Sons, Co., 1892), 43-44.
  10. The Journal of Joseph Horne, Jr., 1858-1861: Including His Life Summary. LDS archives, 7. Horne’s account is also cited in Corwin L. Nimer, "Treachery and False Swearing in Missouri: The Rise and Fall of Sampson Avard," Mormon Historical Studies 5, no. 2 (Fall 2004): 37-60.
  11. Brigham Young, Journal of Discourses 12:30.
  12. Brian Hales, "A Response to Concerns Regarding Joseph Smith and the Practice of Plural Marriage in the Church of Jesus Christ of Latter-day Saints," October 17, 2013.
  13. Hales, Joseph Smith's Polygamy Vol. 2, 121n26. See also 1:274–275; 2:31–32, 120–121; 3:230–234.
  14. Todd Compton, In Sacred Loneliness: The Plural Wives of Joseph Smith (Salt Lake City: Signature Books, 1997), 634–635. ( Index of claims ) We have here omitted Eliza Winters, a claim not supportable by the evidence.
  15. Augusta Joyce Crocheron (author and complier), Representative Women of Deseret, a book of biographical sketches to accompany the picture bearing the same title (Salt Lake City: J. C. Graham & Co., 1884).
  16. See 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), 5:12–13. Volume 5 link; Richard S. Van Wagoner, "Mormon Polyandry in Nauvoo," Dialogue: A Journal of Mormon Thought 18/3 (Fall 1985): 77; Van Wagoner, "Joseph and Marriage," Sunstone 10/9 (January 1986): 32.
  17. Jill C. Mulvay, "The Liberal Shall be Blessed: Sarah M. Kimball," Utah Historical Quarterly 44/3 (Summer 1976): 209; citing (221n11) "Jenson dates Hiram's baptism July 20, 1843. Andrew Jenson, Latter-day Saint Biographical Encyclopedia, 4 vols. (Salt Lake City, 1901-36), 2:372. At the end of 1844 Hiram received a patriarchal blessing, an ordinance usually reserved for church members. Patriarchal Blessings, vol. 9, December 25, 1844, manuscript, LDS Archives."
  18. Brian C. Hales, "Encouraging Joseph Smith to Practice Plural Marriage – The Accounts of the Angel with a Drawn Sword," Mormon Historical Studies 11/2 (Fall 2010).
  19. Brian Hales, Joseph Smith's Polygamy: History, 2:187.
  20. Hales, Joseph Smith's Polygamy: History 2:190. Originally quoted in "The Prophet's Birthday," Deseret News, January 12, 1881, 2.
  21. Hales, Joseph Smith's Polygamy: History 2:190. Originally quoted in "Joseph, the Prophet, His Life and Mission as Viewed by Intimate Acquaintances," Salt Lake Herald Church and Farm Supplement, January 12, 1895, 212.
  22. George D. Smith, Nauvoo Polygamy: "...but we called it celestial marriage" (Salt Lake City: Signature Books, 2008), 154. ( Index of claims , (Detailed book review))
  23. Times and Seasons, April 15, 1842 p. 763.
  24. Richard and Pamela Price, Joseph Smith Fought Polygamy—Vision Articles [Subsequent to Volume 1] (From Vision Magazine, Vol. 32, "The Martha Brotherton Case," off-site. FairMormon's consultants cannot endorse the Prices' contention that Joseph Smith did not practice plural marriage.
  25. Bennett, History of the Saints, 287–288. See affidavit from a non-LDS witness denying that Bennett was locked in a room by Joseph: Daniel H. Wells, "[Affidavit], "Times and Seasons 3/19 (1 August 1842): 873–874.

58 - At least 11 of Joseph's wives married to another man

The author(s) of Mormon America: The Power and the Promise make(s) the following claim:

At least 11 of Joseph's wives married to another man. Mormon apologists have attempted to justify polygamy in part because it sheltered single women beyond marriageable age, the facts show otherwise. The vast majority of plural wives were younger than the first wife, often nubile teenagers.

FAIR's Response

Question: Was Joseph Smith married or sealed to women who were already married to other living men?

Joseph Smith was sealed to 11 women who were married to men who were still living. Some of these men were even active members of the Church

Among Joseph's plural marriages and/or sealings, between eight to eleven of them were to women who were already married. Of the eight well-documented cases, five of the husbands were Latter-day Saints, and the other three were either not active in or not associated with the Church. In all cases, these women continued to live with their husbands, most of them doing so until their husbands died. These eternal marriages appear to have had little effect upon the lives of the women involved, with the exception that they would be sealed to Joseph in the afterlife rather than to their earthly husbands. One of the most well-known of these "polyandrous" marriages was to Zina Diantha Huntington Jacobs.[1]

Of all the aspects of Joseph Smith's marital theology, this is the most difficult area to understand, because very little primary evidence exists. As one scholar noted:

Perhaps nothing is less understood than Joseph Smith's sealings to women already married, because the evidence supports conflicting interpretations.[2]

Criticisms related to Joseph Smith's "polyandrous" marriages

These "polyandrous" marriages have given rise to a number of criticisms:

  • Why would Joseph be sealed to other men's wives?
  • What was the nature of these marriages? Were they consummated?
  • Why did these 11 women continue to live with and have children with their husbands even after being sealed to Joseph Smith?
  • One critic of the church notes, "Joseph Smith would frequently approach other men’s wives about being his own plural wives..." [3]

At the time that celestial marriage was introduced, it was possible to be married for time to one person and sealed for eternity to another. These marriages appear to have been performed for the purpose of forming dynastic bonds in the afterlife, as there is no evidence that Joseph ever cohabited or had intimate relations with any of these women. No children from these marriages have ever been identified. These were sealings which would only affect Joseph's association with these women in the afterlife.


The Joseph Smith Papers: "Several later documents suggest that several women who were already married to other men were, like Marinda Hyde, married or sealed to Joseph Smith"

"Nauvoo Journals, December 1841–April 1843," The Joseph Smith Papers:

Several later documents suggest that several women who were already married to other men were, like Marinda Hyde, married or sealed to Joseph Smith. Available evidence indicates that some of these apparent polygynous/polyandrous marriages took place during the years covered by this journal. At least three of the women reportedly involved in these marriages—Patty Bartlett Sessions, Ruth Vose Sayers, and Sylvia Porter Lyon—are mentioned in the journal, though in contexts very much removed from plural marriage. Even fewer sources are extant for these complex relationships than are available for Smith’s marriages to unmarried women, and Smith’s revelations are silent on them. Having surveyed the available sources, historian Richard L. Bushman concludes that these polyandrous marriages—and perhaps other plural marriages of Joseph Smith—were primarily a means of binding other families to his for the spiritual benefit and mutual salvation of all involved.[4]


Improvement Era (1946): "Did Joseph Smith Introduce Plural Marriage?...It is also possible, though the Church does not now permit it, to seal two living people for eternity only, with no association on earth"

"Did Joseph Smith Introduce Plural Marriage?," Improvement Era (November 1946):

Several approaches to eternal marriage may be made: Two living persons may be sealed to each other for time and eternity. A living man may be sealed for eternity to a dead woman; or a living woman to a dead man. Two dead persons may be sealed to each other. It is also possible, though the Church does not now permit it, to seal two living people for eternity only, with no association on earth.

Further, under a divine command to the Prophet Joseph Smith, it was possible for one man to be sealed to more than one woman for time and eternity. Thus came plural marriage among the Latter-day Saints. By another divine command, to Wilford Woodruff, a successor to Joseph Smith, this order of marriage was withdrawn in 1890. Since that time the Church has not sanctioned plural marriages. Anyone who enters into them now is married unlawfully, and is excommunicated from the Church.[5]

Error creating thumbnail: /bin/bash: line 1: /usr/bin/convert: No such file or directory Error code: 127
"Did Joseph Smith Introduce Plural Marriage?," Improvement Era (November 1946)


Question: What was the nature of Joseph Smith's "polyandrous" marriages?

Evidence indicates that Joseph was sealed for eternity to eight to eleven women who were married to other men

The fact that these women continue to live with their earthly husbands and even have children by them indicates that the sealings to Joseph Smith were not marriages in the normal sense.

Joseph's sealing to their wives doesn't appear to have changed anything in their daily lives or their relationship to their current husbands

The relationship between these women and their husbands appear to have not changed even after they were sealed to Joseph Smith. Of the eight well-documented cases, five of the husbands were Latter-day Saints, and the other three were either not active in or not associated with the Church. In all cases, these women continued to live with their husbands, most of them doing so until their husbands died. These eternal marriages appear to have had little effect upon the lives of the women involved, with the exception that they would be sealed to Joseph in the afterlife rather than to their earthly husbands.


Question: Did Joseph Smith consummate any of these marriages with married women?

There is no evidence to indicate that Joseph consumated any polyandrous marriages, with one possible exception for a woman who considered herself divorced

The available evidence also does not support the claim that Joseph had intimate relations with these married women. Fawn Brodie, who repeatedly stated her belief that Joseph had intimate relations with many of his plural wives, identified several individuals that she thought “might” be children of Joseph Smith, Jr. Yet, even Brodie noted that “it is astonishing that evidence of other children than these has never come to light.” Brodie postulated, in spite of a complete lack of evidence, that Joseph must have been able to successfully practice some sort of primitive birth control, or that abortions must have been routinely employed.To date, DNA analysis has ruled out Joseph Smith as the father of any of the children of the women to whom he was sealed who were married to other men.

In 1915, Sylvia Sessions Lyon's daughter, Josephine, signed a statement that in 1882 Sylvia "told me that I was the daughter of the Prophet Joseph Smith"

In 1915, Sylvia Sessions Lyon's daughter, Josephine, signed a statement that in 1882 Sylvia "told me that I was the daughter of the Prophet Joseph Smith, she having been sealed to the Prophet at the time that her husband Mr. Lyon was out of fellowship with the Church." It is not known whether Sylvia was referring to her daughter as being a literal descendant of Joseph Smith, or if she was referring to the fact that she had been sealed to the prophet. In any case, in 2016 the daughter was shown by DNA testing to be definitively not the biological daughter of Joseph Smith.[6]

In an article published in Mormon Historical Studies, Brian C. Hales demonstrates that Sylvia considered herself divorced prior to marrying Joseph polygamously. [7]



59

Claim
It is claimed that Joseph Smith "often" asked close friends for their wives and daughters.


Response


59 - Some of the marriages were the result of pressure or spiritual coercion from the prophet

The author(s) of Mormon America: The Power and the Promise make(s) the following claim:

Some of the marriages were the result of pressure or spiritual coercion from the prophet.

FAIR's Response

Articles about Plural marriage
Doctrinal foundation of plural marriage
Introduction of plural marriage
Plural marriage in Utah
End of plural marriage

Were plural wives forced into the marriage?

Plural wives were not forced into marriage

Brian Hales:

Some writers affirm that Joseph Smith put pressure on women to marry him. They portray him almost as a predator gallivanting about Nauvoo seeking new wives, even marrying other men’s spouses. While it makes for an entertaining storyline, it does not square with the historical record. One of Joseph’s plural wives, Lucy Walker, remembered the Prophet's counsel: "A woman would have her choice, this was a privilege that could not be denied her." The Prophet taught that eternal marriage was necessary for exaltation and encouraged all those he taught to comply, but he always respected their agency and choices in the matter.[8]

How many Mormon women refused offers of plural marriage?

It is difficult to know how many women refused plural marriage—if they said nothing, then we may have no way of knowing if they refused. Some cited in LDS sources include:

  • Sarah Granger Kimball
  • Rachel Ivins (Grant)
  • Lydia Moon
  • Cordelia C. Morley (Cox)
  • Esther M. Johnson
  • Nancy Rigdon - daughter of Sidney Rigdon
  • Sarah Pratt - wife of Orson Pratt[9]

Anti-Mormon sources list several other possibilities, but it is hard to know how far to trust them. As Compton notes, "Some ... are fairly well documented; others are sensationalist and badly documented." These include:

  • Jane Silverthorne (Law) - wife of William Law
  • Leonora Cannon (Taylor) - wife of John Taylor
  • Melissa Schindle
  • Emeline White
  • Mrs. Robert Foster
  • Pamela Michael
  • Mrs. Caroline Grant Smith
  • Lucy Smith Milligan (or Miliken)
  • Lavina Smith
  • Miss Marks - daughter of William Marks
  • Athalia Rigdon[10]

Source(s) of the criticism
Critical sources
  • Watchman Fellowship, The Watchman Expositor (Page 3)

Did any woman suffer consequences for turning down Joseph's proposal?

Two women afterward attacked Joseph's character and misrepresented his offer, to which Joseph responded. Those who did not were left strictly alone

There are numerous accounts of women to whom Joseph proposed plural marriage, who turned him down.

Two women afterward attacked Joseph's character and misrepresented his offer. He responded. Those who did not were left strictly alone. There were no consequences to these women. Sarah Kimball reported Joseph's mild reaction to the rejection:

Early in the year 1842, Joseph Smith taught me the principle of marriage for eternity, and the doctrine of plural marriage. He said that in teaching this he realized that he jeopardized his life; but God had revealed it to him many years before as a privilege with blessings, now God had revealed it again and instructed him to teach it with commandment, as the Church could travel (progress) no further without the introduction of this principle. I asked him to teach it to some one else. He looked at me reprovingly, and said, 'Will you tell me who to teach it to? God required me to teach it to you, and leave you with the responsibility of believing or disbelieving.‘ He said, 'I will not cease to pray for you, and if you will seek unto God in prayer you will not be led into temptation.'[11]

(Sarah's husband was not a member of the Church until 1843. There was some tension between him and Joseph as a result of this episode, but he seems to have resolved any animosity he held for the prophet.[12] They were later to go Utah with the Saints, where Sarah assumed a prominent role in the Relief Society. Her husband died while en route to a mission in Hawaii.[13]

Other women loudly trumpeted the plural marriage doctrine in Nauvoo and the hostile press. These women's testimony and character were generally attacked to try to discredit them in an effort to preserve the secrecy which surrounded plural marriage. (This factor is complicated by the fact that at least some were guilty of inappropriate behavior (e.g., likely Sarah Pratt). Despite attacks on their character, some remained in Nauvoo and likewise suffered no physical harm (e.g., Nancy Rigdon).

Were women put under "tremendous pressure" to accept a proposal of plural marriage?

Given that the Saints believed Joseph was a prophet, any command from him would carry significant weight

  • No one was coerced or forced into marriage (see above). However, given that the Saints believed Joseph was a prophet, any command from him would carry significant weight.
  • Despite this, the reported initial reactions are all negative: these women were strong-minded, and did not simply obey because Joseph told them to.
  • Because of their distaste for the idea, many plural wives reported divine revelations that confirmed the truth of plural marriage. Joseph encouraged women to seek for such divine confirmation.

Did Joseph Smith give a woman only one day to decide about entering a plural marriage, and would refusal mean terrible consequences?

One woman was told that the opportunity for plural marriage would expire in twenty-four hours. She was not threatened with damnation or physical consequences

This claim distorts the account of Lucy Walker. Joseph offered to teach Lucy about plural marriage, but she angrily refused:

When the Prophet Joseph Smith first mentioned the principle of plural marriage to me I became very indignant and told him emphatically that I did not wish him to ever mention it to me again....and so expressed myself to him....He counseled me, however, to pray to the Lord for light and understanding in relation thereto, and promised me if I would do so sincerely, I should receive a testimony of the correctness of the principle. Before praying I felt gloomy and downcast; in fact, I was so entirely given up to despair that I felt tired of life...."

Joseph then said nothing more to her for at least four months (and possibly as long as sixteen). Lucy continues:

[I] was so unwilling to consider the matter favorably that I fear I did not ask in faith for light. Gross darkness instead of light took possession of my mind. I was tempted and tortured beyond endurance until life was not desirable....

The Prophet discerned my sorrow. He saw how unhappy I was, and sought an opportunity of again speaking to me on this subject....

[He said] "I have no flattering words to offer. It is a command of God to you. I will give you until tomorrow to decide this matter. If you reject this message the gate will be closed forever against you."

– Lucy Walker, italics added

Lucy was told that the opportunity for plural marriage would expire in twenty-four hours. She was not threatened with damnation or physical consequences. Yet, she did not meekly obey:

This aroused every drop of scotch in my veins...I felt at this moment that I was called to place myself upon the altar a living Sacrafice, perhaps to brook the world in disgrace and incur the displeasure and contempt of my youthful companions; all my dreams of happiness blown to the four winds, this was too much, the thought was unbearable.... I...at last found utterance and said, "Although you are a prophet of God you could not induce me to take a step of so great importance, unless I knew that God approved my course. I would rather die. I have tried to pray but received no comfort, no light....The same God who has sent this message is the Being I have worshipped from my early childhood and He must manifest His will to me."

Joseph's response:

He walked across the room, returned, and stood before me. With the most beautiful expression of countenance, he said, "God almighty bless you. You shall have a manifestation of the will of God concerning you; a testimony that you can never deny. I will tell you what it shall be. It shall be that peace and joy that you never knew."

That night, Lucy reported:

It was near after another sleepless night when my room was lighted up by a heavenly influence. To me it was, in comparison, like the brilliant sun bursting through the darkest cloud. The words of the Prophet were indeed fulfilled. My soul was filled with a calm, sweet peace that "I never knew." Supreme happiness took possession of me, and I received a powerful and irresistible testimony of the truth of plural marriage, which has been like an anchor to the soul through all the trials of life. I felt that I must go out into the morning air and give vent to the joy and gratitude that filled my soul. As I descended the stairs, President Smith opened the door below, took me by the hand and said, "Thank God, you have the testimony. I too have prayed." He led me to a chair, placed his hands upon my head, and blessed me with every blessing my heart could possibly desire.

– Lucy Walker

Even with Lucy's revelation and consent, Joseph then sought the permission of her oldest male relative in Nauvoo, her brother William Holmes Walker. He said:

The Prophet invited me to hitch up my horse with one of his...and to ride with him....On this occasion the subject of celestial, or plural marriage, was introduced to me. As we returned home he remarked, 'If there was anything I did not understand to hold on a little, and I would understand it."....

In the spring of 1843, my father, being away on a mission, the Prophet asked my consent, for my sister Lucy in Marriage. I replied that if it was her free will and choice, I had no objection....

When father returned from his mission, the matter being fully explained in connection with the doctrine, received his endorsement and all parties concerned received his approbation.

— William Holmes Walker

This is the only case of any kind of deadline being given, and it only came because Joseph saw how unhappy Lucy was as she hesitated with a decision over a period of months.

Did Joseph claim that an angel threatened him with a "drawn sword" or "flaming sword" if a woman refused to marry him?

The references to the "angel with a sword" refer to Joseph's postponement of the initiation of polygamy

Zina Diantha Huntington Jacobs said that Joseph mentioned an angel with a drawn sword.[14] The account of a "flaming" sword came from Eliza Snow and Orson F. Whitney.

The "angel with a sword" reference refers to Joseph's postponement of the practice of polygamy. Brian Hales notes that,

"Twenty-one accounts by nine polygamy insiders left recollections that the Prophet told of one specific reason: an angel with a sword who threatened him if he did not proceed. All nine witnesses could have heard the statement from the Prophet himself; however, the narratives themselves suggest that Benjamin F. Johnson and Eliza R. Snow may have been repeating information gathered from other people. Joseph Lee Robinson's narrative is difficult to date and his actual source is not clear. Lorenzo Snow, Erastus Snow, and Mary Elizabeth Rollins Lightner quote the Prophet directly and Mary Elizabeth provides details not available elsewhere. Unfortunately, with the possible exception of the Robinson account, all of the reminiscences date to at least twenty to thirty years after the event." [15]

Here are the quotes attributed to Zina on the matter:

1881: Zina Huntington—Zina D. Young told of Bro. Joseph's remark in relation to the revelation on celestial marriage. How an angel came to him with a drawn sword, and said if he did not obey this law he would lost his priesthood; and in the keeping of it he, Joseph, did not know but it would cost him his life. [16]

1894: Zina Huntington—[Joseph] sent word to me by my brother, saying, 'Tell Zina I put it off and put it off till an angel with a drawn sword stood by me and told me if I did not establish that principle upon the earth, I would lost my position and my life.'" [17]

Were women "locked in a room" in order to convince them to accept plural marriage?

While Nancy Rigdon and Martha Brotherton were likely approached about plural marriage in private, it is unlikely that they were locked in rooms or confined against their will

The author of Nauvoo Polygamy:..."but we called it celestial marriage," claims that "…both Nancy [Rigdon] and Martha [Brotherton] were…isolated in a locked room during the...effort" to persuade them to practice plural marriage.[18]

The claims about being "locked in a room," while dramatic, seem unlikely. Much of the evidence hinges on the unreliable and vindictive John C. Bennett, who published the exposé, The History of the Saints, or an Exposé of Joe Smith and Mormonism. While Nancy and Martha were likely approached about plural marriage in private, it is unlikely that they were locked in rooms or confined against their will.

Hyrum Smith touched upon this subject during a Conference talk on April 6, 1842:

He [Hyrum Smith] then spoke in contradiction of a report in circulation about Elder Kimball, B. Young, himself, and others of the Twelve, alledging that a sister had been shut in a room for several days, and that they had endeavored to induce her to believe in having two wives...

Pres't. J. Smith spoke upon the subject of the stories respecting Elder Kimball and others, showing the folly and inconsistency of spending any time in conversing about such stories or hearkening to them, for there is no person that is acquainted with our principles would believe such lies, except Sharp the editor of the "Warsaw Signal."[19]

The claim that Martha was locked in a room for "days" is likely an exaggerated rumor: It was more likely "about ten minutes" while Joseph was summoned

RLDS authors Richard and Pamela Price, who firmly believed that Joseph did not practice plural marriage, uses the Times and Seasons account to assert that Martha "changed her story" regarding the length of time during which she was held in the room:

The records show that Martha changed her story. As Hyrum reported to the Conference, at first she had told that she was locked in a room for days. But since that was such a ridiculous, unbelievable story, she changed it in her St. Louis affidavit to read that Brigham locked her in Joseph's office for only "about ten minutes."

However, we have no access to Martha's original story, so the Prices' assumption that Martha originally claimed that she was held in the room for a number of days cannot be verified. The source of the claim that Martha was held in the room for "days" is likely an exaggeration, however, the source of the rumor cannot be determined. The claim that she was locked in the office for "about ten minutes" while Joseph was summoned seems much more plausible.

The Prices provide additional reasoning against the idea that Martha was in the room for a number of days,

It would have been impossible for Martha to have been imprisoned in any room in the Red Brick Store without it being detected. In fact, she could not have gone up and down the stairs and from room to room without being observed by many. The store was a small, two-story building, and Joseph's office was only about ten feet square. Since dozens of people came to the store daily, her calls for help would have been heard. Martha had but one witness—John Bennett, who asserted in the Sangamo Journal for July 15, 1842, "She was locked up ... I saw her taken into the accursed room."

If Martha's story had been true, there would have been many witnesses, because Joseph' s store was the hub of activity in Nauvoo. People came to the store to buy everything from food to footwear. The store building also housed the headquarters for the Church and the city. There, the people paid their tithing and taxes, and conducted banking and real estate business. The store was alive with people by day and by night, for it was also in constant use as a civic and religious center…."[20]

One suspects Bennett's influence in this part of the story, since Bennett would likewise claim Joseph locked him in a room. In Bennett's case, the story is unworkable and contradicted by a non-LDS eyewitnesses.[21]

See also Brian Hales' discussion
Why did early members of the Church practice polygamy? Were they all dupes? Easily manipulated? Religious fanatics who believed Joseph could do no wrong? This article explores the initial reactions and eventual decisions made by the first generation of polygamists in Nauvoo.

Some critics would have readers believe that Joseph Smith simply had to smile at the young maidens of Nauvoo, and they would readily accept Joseph’s offers of marriage, perhaps acting on hidden desires to be with the handsome young prophet. Others characterize the women as acquiescing because of religious zealousness or coercion, unwilling victims of a lustful prophet wielding his powers of persuasion.

While these make for dramatic stories, the reality was certainly more complex than these colorful narratives would lead one to believe.


Learn more about polygamy and claims of coercion


Notes

  1. Samuel Katich, "A Tale of Two Marriage Systems: Perspectives on Polyandry and Joseph Smith," Foundation for Apologetic Information and Research, 2003.
  2. Kathryn M. Daynes, More Wives than One: Transformation of the Mormon Marriage System, 1840–1910 (Urbana, Illinois: University of Illinois Press, 2001), 29. ISBN 0252026810.
  3. John Dehlin, "Questions and Answers," Mormon Stories Podcast (25 June 2014)
  4. "Nauvoo Journals, December 1841–April 1843," The Joseph Smith Papers
  5. "Did Joseph Smith Introduce Plural Marriage?," Improvement Era (November 1946)
  6. http://www.deseretnews.com/article/865656112/Joseph-Smith-apparently-was-not-Josephine-Lyons-father-Mormon-History-Association-speaker-says.html?pg=all "Joseph Smith apparently was not Josephine Lyon's father, Mormon History Association speaker says,"] Deseret News (13 June 2016)
  7. See: Hales, Brian C. "The Joseph Smith-Sylvia Sessions Plural Sealing: Polyandry or Polygyny?" Mormon Historical Studies 9/1 (Spring 2008): 41–57.] DNA research is ongoing but it is rendered more difficult since the Y chromosome evidence of paternal lineage is not present in females.
  8. Brian Hales, "A Response to Concerns Regarding Joseph Smith and the Practice of Plural Marriage in the Church of Jesus Christ of Latter-day Saints," October 17, 2013.
  9. Hales, Joseph Smith's Polygamy Vol. 2, 121n26. See also 1:274–275; 2:31–32, 120–121; 3:230–234.
  10. Todd Compton, In Sacred Loneliness: The Plural Wives of Joseph Smith (Salt Lake City: Signature Books, 1997), 634–635. ( Index of claims ) We have here omitted Eliza Winters, a claim not supportable by the evidence.
  11. Augusta Joyce Crocheron (author and complier), Representative Women of Deseret, a book of biographical sketches to accompany the picture bearing the same title (Salt Lake City: J. C. Graham & Co., 1884).
  12. See 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), 5:12–13. Volume 5 link; Richard S. Van Wagoner, "Mormon Polyandry in Nauvoo," Dialogue: A Journal of Mormon Thought 18/3 (Fall 1985): 77; Van Wagoner, "Joseph and Marriage," Sunstone 10/9 (January 1986): 32.
  13. Jill C. Mulvay, "The Liberal Shall be Blessed: Sarah M. Kimball," Utah Historical Quarterly 44/3 (Summer 1976): 209; citing (221n11) "Jenson dates Hiram's baptism July 20, 1843. Andrew Jenson, Latter-day Saint Biographical Encyclopedia, 4 vols. (Salt Lake City, 1901-36), 2:372. At the end of 1844 Hiram received a patriarchal blessing, an ordinance usually reserved for church members. Patriarchal Blessings, vol. 9, December 25, 1844, manuscript, LDS Archives."
  14. Brian C. Hales, "Encouraging Joseph Smith to Practice Plural Marriage – The Accounts of the Angel with a Drawn Sword," Mormon Historical Studies 11/2 (Fall 2010).
  15. Brian Hales, Joseph Smith's Polygamy: History, 2:187.
  16. Hales, Joseph Smith's Polygamy: History 2:190. Originally quoted in "The Prophet's Birthday," Deseret News, January 12, 1881, 2.
  17. Hales, Joseph Smith's Polygamy: History 2:190. Originally quoted in "Joseph, the Prophet, His Life and Mission as Viewed by Intimate Acquaintances," Salt Lake Herald Church and Farm Supplement, January 12, 1895, 212.
  18. George D. Smith, Nauvoo Polygamy: "...but we called it celestial marriage" (Salt Lake City: Signature Books, 2008), 154. ( Index of claims , (Detailed book review))
  19. Times and Seasons, April 15, 1842 p. 763.
  20. Richard and Pamela Price, Joseph Smith Fought Polygamy—Vision Articles [Subsequent to Volume 1] (From Vision Magazine, Vol. 32, "The Martha Brotherton Case," off-site. FairMormon's consultants cannot endorse the Prices' contention that Joseph Smith did not practice plural marriage.
  21. Bennett, History of the Saints, 287–288. See affidavit from a non-LDS witness denying that Bennett was locked in a room by Joseph: Daniel H. Wells, "[Affidavit], "Times and Seasons 3/19 (1 August 1842): 873–874.
Articles about Plural marriage
Doctrinal foundation of plural marriage
Introduction of plural marriage
Plural marriage in Utah
End of plural marriage

Were plural wives forced into the marriage?

Plural wives were not forced into marriage

Brian Hales:

Some writers affirm that Joseph Smith put pressure on women to marry him. They portray him almost as a predator gallivanting about Nauvoo seeking new wives, even marrying other men’s spouses. While it makes for an entertaining storyline, it does not square with the historical record. One of Joseph’s plural wives, Lucy Walker, remembered the Prophet's counsel: "A woman would have her choice, this was a privilege that could not be denied her." The Prophet taught that eternal marriage was necessary for exaltation and encouraged all those he taught to comply, but he always respected their agency and choices in the matter.[1]

How many Mormon women refused offers of plural marriage?

It is difficult to know how many women refused plural marriage—if they said nothing, then we may have no way of knowing if they refused. Some cited in LDS sources include:

  • Sarah Granger Kimball
  • Rachel Ivins (Grant)
  • Lydia Moon
  • Cordelia C. Morley (Cox)
  • Esther M. Johnson
  • Nancy Rigdon - daughter of Sidney Rigdon
  • Sarah Pratt - wife of Orson Pratt[2]

Anti-Mormon sources list several other possibilities, but it is hard to know how far to trust them. As Compton notes, "Some ... are fairly well documented; others are sensationalist and badly documented." These include:

  • Jane Silverthorne (Law) - wife of William Law
  • Leonora Cannon (Taylor) - wife of John Taylor
  • Melissa Schindle
  • Emeline White
  • Mrs. Robert Foster
  • Pamela Michael
  • Mrs. Caroline Grant Smith
  • Lucy Smith Milligan (or Miliken)
  • Lavina Smith
  • Miss Marks - daughter of William Marks
  • Athalia Rigdon[3]

Source(s) of the criticism
Critical sources
  • Watchman Fellowship, The Watchman Expositor (Page 3)

Did any woman suffer consequences for turning down Joseph's proposal?

Two women afterward attacked Joseph's character and misrepresented his offer, to which Joseph responded. Those who did not were left strictly alone

There are numerous accounts of women to whom Joseph proposed plural marriage, who turned him down.

Two women afterward attacked Joseph's character and misrepresented his offer. He responded. Those who did not were left strictly alone. There were no consequences to these women. Sarah Kimball reported Joseph's mild reaction to the rejection:

Early in the year 1842, Joseph Smith taught me the principle of marriage for eternity, and the doctrine of plural marriage. He said that in teaching this he realized that he jeopardized his life; but God had revealed it to him many years before as a privilege with blessings, now God had revealed it again and instructed him to teach it with commandment, as the Church could travel (progress) no further without the introduction of this principle. I asked him to teach it to some one else. He looked at me reprovingly, and said, 'Will you tell me who to teach it to? God required me to teach it to you, and leave you with the responsibility of believing or disbelieving.‘ He said, 'I will not cease to pray for you, and if you will seek unto God in prayer you will not be led into temptation.'[4]

(Sarah's husband was not a member of the Church until 1843. There was some tension between him and Joseph as a result of this episode, but he seems to have resolved any animosity he held for the prophet.[5] They were later to go Utah with the Saints, where Sarah assumed a prominent role in the Relief Society. Her husband died while en route to a mission in Hawaii.[6]

Other women loudly trumpeted the plural marriage doctrine in Nauvoo and the hostile press. These women's testimony and character were generally attacked to try to discredit them in an effort to preserve the secrecy which surrounded plural marriage. (This factor is complicated by the fact that at least some were guilty of inappropriate behavior (e.g., likely Sarah Pratt). Despite attacks on their character, some remained in Nauvoo and likewise suffered no physical harm (e.g., Nancy Rigdon).

Were women put under "tremendous pressure" to accept a proposal of plural marriage?

Given that the Saints believed Joseph was a prophet, any command from him would carry significant weight

  • No one was coerced or forced into marriage (see above). However, given that the Saints believed Joseph was a prophet, any command from him would carry significant weight.
  • Despite this, the reported initial reactions are all negative: these women were strong-minded, and did not simply obey because Joseph told them to.
  • Because of their distaste for the idea, many plural wives reported divine revelations that confirmed the truth of plural marriage. Joseph encouraged women to seek for such divine confirmation.

Did Joseph Smith give a woman only one day to decide about entering a plural marriage, and would refusal mean terrible consequences?

One woman was told that the opportunity for plural marriage would expire in twenty-four hours. She was not threatened with damnation or physical consequences

This claim distorts the account of Lucy Walker. Joseph offered to teach Lucy about plural marriage, but she angrily refused:

When the Prophet Joseph Smith first mentioned the principle of plural marriage to me I became very indignant and told him emphatically that I did not wish him to ever mention it to me again....and so expressed myself to him....He counseled me, however, to pray to the Lord for light and understanding in relation thereto, and promised me if I would do so sincerely, I should receive a testimony of the correctness of the principle. Before praying I felt gloomy and downcast; in fact, I was so entirely given up to despair that I felt tired of life...."

Joseph then said nothing more to her for at least four months (and possibly as long as sixteen). Lucy continues:

[I] was so unwilling to consider the matter favorably that I fear I did not ask in faith for light. Gross darkness instead of light took possession of my mind. I was tempted and tortured beyond endurance until life was not desirable....

The Prophet discerned my sorrow. He saw how unhappy I was, and sought an opportunity of again speaking to me on this subject....

[He said] "I have no flattering words to offer. It is a command of God to you. I will give you until tomorrow to decide this matter. If you reject this message the gate will be closed forever against you."

– Lucy Walker, italics added

Lucy was told that the opportunity for plural marriage would expire in twenty-four hours. She was not threatened with damnation or physical consequences. Yet, she did not meekly obey:

This aroused every drop of scotch in my veins...I felt at this moment that I was called to place myself upon the altar a living Sacrafice, perhaps to brook the world in disgrace and incur the displeasure and contempt of my youthful companions; all my dreams of happiness blown to the four winds, this was too much, the thought was unbearable.... I...at last found utterance and said, "Although you are a prophet of God you could not induce me to take a step of so great importance, unless I knew that God approved my course. I would rather die. I have tried to pray but received no comfort, no light....The same God who has sent this message is the Being I have worshipped from my early childhood and He must manifest His will to me."

Joseph's response:

He walked across the room, returned, and stood before me. With the most beautiful expression of countenance, he said, "God almighty bless you. You shall have a manifestation of the will of God concerning you; a testimony that you can never deny. I will tell you what it shall be. It shall be that peace and joy that you never knew."

That night, Lucy reported:

It was near after another sleepless night when my room was lighted up by a heavenly influence. To me it was, in comparison, like the brilliant sun bursting through the darkest cloud. The words of the Prophet were indeed fulfilled. My soul was filled with a calm, sweet peace that "I never knew." Supreme happiness took possession of me, and I received a powerful and irresistible testimony of the truth of plural marriage, which has been like an anchor to the soul through all the trials of life. I felt that I must go out into the morning air and give vent to the joy and gratitude that filled my soul. As I descended the stairs, President Smith opened the door below, took me by the hand and said, "Thank God, you have the testimony. I too have prayed." He led me to a chair, placed his hands upon my head, and blessed me with every blessing my heart could possibly desire.

– Lucy Walker

Even with Lucy's revelation and consent, Joseph then sought the permission of her oldest male relative in Nauvoo, her brother William Holmes Walker. He said:

The Prophet invited me to hitch up my horse with one of his...and to ride with him....On this occasion the subject of celestial, or plural marriage, was introduced to me. As we returned home he remarked, 'If there was anything I did not understand to hold on a little, and I would understand it."....

In the spring of 1843, my father, being away on a mission, the Prophet asked my consent, for my sister Lucy in Marriage. I replied that if it was her free will and choice, I had no objection....

When father returned from his mission, the matter being fully explained in connection with the doctrine, received his endorsement and all parties concerned received his approbation.

— William Holmes Walker

This is the only case of any kind of deadline being given, and it only came because Joseph saw how unhappy Lucy was as she hesitated with a decision over a period of months.

Did Joseph claim that an angel threatened him with a "drawn sword" or "flaming sword" if a woman refused to marry him?

The references to the "angel with a sword" refer to Joseph's postponement of the initiation of polygamy

Zina Diantha Huntington Jacobs said that Joseph mentioned an angel with a drawn sword.[7] The account of a "flaming" sword came from Eliza Snow and Orson F. Whitney.

The "angel with a sword" reference refers to Joseph's postponement of the practice of polygamy. Brian Hales notes that,

"Twenty-one accounts by nine polygamy insiders left recollections that the Prophet told of one specific reason: an angel with a sword who threatened him if he did not proceed. All nine witnesses could have heard the statement from the Prophet himself; however, the narratives themselves suggest that Benjamin F. Johnson and Eliza R. Snow may have been repeating information gathered from other people. Joseph Lee Robinson's narrative is difficult to date and his actual source is not clear. Lorenzo Snow, Erastus Snow, and Mary Elizabeth Rollins Lightner quote the Prophet directly and Mary Elizabeth provides details not available elsewhere. Unfortunately, with the possible exception of the Robinson account, all of the reminiscences date to at least twenty to thirty years after the event." [8]

Here are the quotes attributed to Zina on the matter:

1881: Zina Huntington—Zina D. Young told of Bro. Joseph's remark in relation to the revelation on celestial marriage. How an angel came to him with a drawn sword, and said if he did not obey this law he would lost his priesthood; and in the keeping of it he, Joseph, did not know but it would cost him his life. [9]

1894: Zina Huntington—[Joseph] sent word to me by my brother, saying, 'Tell Zina I put it off and put it off till an angel with a drawn sword stood by me and told me if I did not establish that principle upon the earth, I would lost my position and my life.'" [10]

Were women "locked in a room" in order to convince them to accept plural marriage?

While Nancy Rigdon and Martha Brotherton were likely approached about plural marriage in private, it is unlikely that they were locked in rooms or confined against their will

The author of Nauvoo Polygamy:..."but we called it celestial marriage," claims that "…both Nancy [Rigdon] and Martha [Brotherton] were…isolated in a locked room during the...effort" to persuade them to practice plural marriage.[11]

The claims about being "locked in a room," while dramatic, seem unlikely. Much of the evidence hinges on the unreliable and vindictive John C. Bennett, who published the exposé, The History of the Saints, or an Exposé of Joe Smith and Mormonism. While Nancy and Martha were likely approached about plural marriage in private, it is unlikely that they were locked in rooms or confined against their will.

Hyrum Smith touched upon this subject during a Conference talk on April 6, 1842:

He [Hyrum Smith] then spoke in contradiction of a report in circulation about Elder Kimball, B. Young, himself, and others of the Twelve, alledging that a sister had been shut in a room for several days, and that they had endeavored to induce her to believe in having two wives...

Pres't. J. Smith spoke upon the subject of the stories respecting Elder Kimball and others, showing the folly and inconsistency of spending any time in conversing about such stories or hearkening to them, for there is no person that is acquainted with our principles would believe such lies, except Sharp the editor of the "Warsaw Signal."[12]

The claim that Martha was locked in a room for "days" is likely an exaggerated rumor: It was more likely "about ten minutes" while Joseph was summoned

RLDS authors Richard and Pamela Price, who firmly believed that Joseph did not practice plural marriage, uses the Times and Seasons account to assert that Martha "changed her story" regarding the length of time during which she was held in the room:

The records show that Martha changed her story. As Hyrum reported to the Conference, at first she had told that she was locked in a room for days. But since that was such a ridiculous, unbelievable story, she changed it in her St. Louis affidavit to read that Brigham locked her in Joseph's office for only "about ten minutes."

However, we have no access to Martha's original story, so the Prices' assumption that Martha originally claimed that she was held in the room for a number of days cannot be verified. The source of the claim that Martha was held in the room for "days" is likely an exaggeration, however, the source of the rumor cannot be determined. The claim that she was locked in the office for "about ten minutes" while Joseph was summoned seems much more plausible.

The Prices provide additional reasoning against the idea that Martha was in the room for a number of days,

It would have been impossible for Martha to have been imprisoned in any room in the Red Brick Store without it being detected. In fact, she could not have gone up and down the stairs and from room to room without being observed by many. The store was a small, two-story building, and Joseph's office was only about ten feet square. Since dozens of people came to the store daily, her calls for help would have been heard. Martha had but one witness—John Bennett, who asserted in the Sangamo Journal for July 15, 1842, "She was locked up ... I saw her taken into the accursed room."

If Martha's story had been true, there would have been many witnesses, because Joseph' s store was the hub of activity in Nauvoo. People came to the store to buy everything from food to footwear. The store building also housed the headquarters for the Church and the city. There, the people paid their tithing and taxes, and conducted banking and real estate business. The store was alive with people by day and by night, for it was also in constant use as a civic and religious center…."[13]

One suspects Bennett's influence in this part of the story, since Bennett would likewise claim Joseph locked him in a room. In Bennett's case, the story is unworkable and contradicted by a non-LDS eyewitnesses.[14]

See also Brian Hales' discussion
Why did early members of the Church practice polygamy? Were they all dupes? Easily manipulated? Religious fanatics who believed Joseph could do no wrong? This article explores the initial reactions and eventual decisions made by the first generation of polygamists in Nauvoo.

Some critics would have readers believe that Joseph Smith simply had to smile at the young maidens of Nauvoo, and they would readily accept Joseph’s offers of marriage, perhaps acting on hidden desires to be with the handsome young prophet. Others characterize the women as acquiescing because of religious zealousness or coercion, unwilling victims of a lustful prophet wielding his powers of persuasion.

While these make for dramatic stories, the reality was certainly more complex than these colorful narratives would lead one to believe.


Learn more about polygamy and claims of coercion


Notes

  1. Brian Hales, "A Response to Concerns Regarding Joseph Smith and the Practice of Plural Marriage in the Church of Jesus Christ of Latter-day Saints," October 17, 2013.
  2. Hales, Joseph Smith's Polygamy Vol. 2, 121n26. See also 1:274–275; 2:31–32, 120–121; 3:230–234.
  3. Todd Compton, In Sacred Loneliness: The Plural Wives of Joseph Smith (Salt Lake City: Signature Books, 1997), 634–635. ( Index of claims ) We have here omitted Eliza Winters, a claim not supportable by the evidence.
  4. Augusta Joyce Crocheron (author and complier), Representative Women of Deseret, a book of biographical sketches to accompany the picture bearing the same title (Salt Lake City: J. C. Graham & Co., 1884).
  5. See 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), 5:12–13. Volume 5 link; Richard S. Van Wagoner, "Mormon Polyandry in Nauvoo," Dialogue: A Journal of Mormon Thought 18/3 (Fall 1985): 77; Van Wagoner, "Joseph and Marriage," Sunstone 10/9 (January 1986): 32.
  6. Jill C. Mulvay, "The Liberal Shall be Blessed: Sarah M. Kimball," Utah Historical Quarterly 44/3 (Summer 1976): 209; citing (221n11) "Jenson dates Hiram's baptism July 20, 1843. Andrew Jenson, Latter-day Saint Biographical Encyclopedia, 4 vols. (Salt Lake City, 1901-36), 2:372. At the end of 1844 Hiram received a patriarchal blessing, an ordinance usually reserved for church members. Patriarchal Blessings, vol. 9, December 25, 1844, manuscript, LDS Archives."
  7. Brian C. Hales, "Encouraging Joseph Smith to Practice Plural Marriage – The Accounts of the Angel with a Drawn Sword," Mormon Historical Studies 11/2 (Fall 2010).
  8. Brian Hales, Joseph Smith's Polygamy: History, 2:187.
  9. Hales, Joseph Smith's Polygamy: History 2:190. Originally quoted in "The Prophet's Birthday," Deseret News, January 12, 1881, 2.
  10. Hales, Joseph Smith's Polygamy: History 2:190. Originally quoted in "Joseph, the Prophet, His Life and Mission as Viewed by Intimate Acquaintances," Salt Lake Herald Church and Farm Supplement, January 12, 1895, 212.
  11. George D. Smith, Nauvoo Polygamy: "...but we called it celestial marriage" (Salt Lake City: Signature Books, 2008), 154. ( Index of claims , (Detailed book review))
  12. Times and Seasons, April 15, 1842 p. 763.
  13. Richard and Pamela Price, Joseph Smith Fought Polygamy—Vision Articles [Subsequent to Volume 1] (From Vision Magazine, Vol. 32, "The Martha Brotherton Case," off-site. FairMormon's consultants cannot endorse the Prices' contention that Joseph Smith did not practice plural marriage.
  14. Bennett, History of the Saints, 287–288. See affidavit from a non-LDS witness denying that Bennett was locked in a room by Joseph: Daniel H. Wells, "[Affidavit], "Times and Seasons 3/19 (1 August 1842): 873–874.
Articles about Plural marriage
Doctrinal foundation of plural marriage
Introduction of plural marriage
Plural marriage in Utah
End of plural marriage

Were plural wives forced into the marriage?

Plural wives were not forced into marriage

Brian Hales:

Some writers affirm that Joseph Smith put pressure on women to marry him. They portray him almost as a predator gallivanting about Nauvoo seeking new wives, even marrying other men’s spouses. While it makes for an entertaining storyline, it does not square with the historical record. One of Joseph’s plural wives, Lucy Walker, remembered the Prophet's counsel: "A woman would have her choice, this was a privilege that could not be denied her." The Prophet taught that eternal marriage was necessary for exaltation and encouraged all those he taught to comply, but he always respected their agency and choices in the matter.[1]

How many Mormon women refused offers of plural marriage?

It is difficult to know how many women refused plural marriage—if they said nothing, then we may have no way of knowing if they refused. Some cited in LDS sources include:

  • Sarah Granger Kimball
  • Rachel Ivins (Grant)
  • Lydia Moon
  • Cordelia C. Morley (Cox)
  • Esther M. Johnson
  • Nancy Rigdon - daughter of Sidney Rigdon
  • Sarah Pratt - wife of Orson Pratt[2]

Anti-Mormon sources list several other possibilities, but it is hard to know how far to trust them. As Compton notes, "Some ... are fairly well documented; others are sensationalist and badly documented." These include:

  • Jane Silverthorne (Law) - wife of William Law
  • Leonora Cannon (Taylor) - wife of John Taylor
  • Melissa Schindle
  • Emeline White
  • Mrs. Robert Foster
  • Pamela Michael
  • Mrs. Caroline Grant Smith
  • Lucy Smith Milligan (or Miliken)
  • Lavina Smith
  • Miss Marks - daughter of William Marks
  • Athalia Rigdon[3]

Source(s) of the criticism
Critical sources
  • Watchman Fellowship, The Watchman Expositor (Page 3)

Did any woman suffer consequences for turning down Joseph's proposal?

Two women afterward attacked Joseph's character and misrepresented his offer, to which Joseph responded. Those who did not were left strictly alone

There are numerous accounts of women to whom Joseph proposed plural marriage, who turned him down.

Two women afterward attacked Joseph's character and misrepresented his offer. He responded. Those who did not were left strictly alone. There were no consequences to these women. Sarah Kimball reported Joseph's mild reaction to the rejection:

Early in the year 1842, Joseph Smith taught me the principle of marriage for eternity, and the doctrine of plural marriage. He said that in teaching this he realized that he jeopardized his life; but God had revealed it to him many years before as a privilege with blessings, now God had revealed it again and instructed him to teach it with commandment, as the Church could travel (progress) no further without the introduction of this principle. I asked him to teach it to some one else. He looked at me reprovingly, and said, 'Will you tell me who to teach it to? God required me to teach it to you, and leave you with the responsibility of believing or disbelieving.‘ He said, 'I will not cease to pray for you, and if you will seek unto God in prayer you will not be led into temptation.'[4]

(Sarah's husband was not a member of the Church until 1843. There was some tension between him and Joseph as a result of this episode, but he seems to have resolved any animosity he held for the prophet.[5] They were later to go Utah with the Saints, where Sarah assumed a prominent role in the Relief Society. Her husband died while en route to a mission in Hawaii.[6]

Other women loudly trumpeted the plural marriage doctrine in Nauvoo and the hostile press. These women's testimony and character were generally attacked to try to discredit them in an effort to preserve the secrecy which surrounded plural marriage. (This factor is complicated by the fact that at least some were guilty of inappropriate behavior (e.g., likely Sarah Pratt). Despite attacks on their character, some remained in Nauvoo and likewise suffered no physical harm (e.g., Nancy Rigdon).

Were women put under "tremendous pressure" to accept a proposal of plural marriage?

Given that the Saints believed Joseph was a prophet, any command from him would carry significant weight

  • No one was coerced or forced into marriage (see above). However, given that the Saints believed Joseph was a prophet, any command from him would carry significant weight.
  • Despite this, the reported initial reactions are all negative: these women were strong-minded, and did not simply obey because Joseph told them to.
  • Because of their distaste for the idea, many plural wives reported divine revelations that confirmed the truth of plural marriage. Joseph encouraged women to seek for such divine confirmation.

Did Joseph Smith give a woman only one day to decide about entering a plural marriage, and would refusal mean terrible consequences?

One woman was told that the opportunity for plural marriage would expire in twenty-four hours. She was not threatened with damnation or physical consequences

This claim distorts the account of Lucy Walker. Joseph offered to teach Lucy about plural marriage, but she angrily refused:

When the Prophet Joseph Smith first mentioned the principle of plural marriage to me I became very indignant and told him emphatically that I did not wish him to ever mention it to me again....and so expressed myself to him....He counseled me, however, to pray to the Lord for light and understanding in relation thereto, and promised me if I would do so sincerely, I should receive a testimony of the correctness of the principle. Before praying I felt gloomy and downcast; in fact, I was so entirely given up to despair that I felt tired of life...."

Joseph then said nothing more to her for at least four months (and possibly as long as sixteen). Lucy continues:

[I] was so unwilling to consider the matter favorably that I fear I did not ask in faith for light. Gross darkness instead of light took possession of my mind. I was tempted and tortured beyond endurance until life was not desirable....

The Prophet discerned my sorrow. He saw how unhappy I was, and sought an opportunity of again speaking to me on this subject....

[He said] "I have no flattering words to offer. It is a command of God to you. I will give you until tomorrow to decide this matter. If you reject this message the gate will be closed forever against you."

– Lucy Walker, italics added

Lucy was told that the opportunity for plural marriage would expire in twenty-four hours. She was not threatened with damnation or physical consequences. Yet, she did not meekly obey:

This aroused every drop of scotch in my veins...I felt at this moment that I was called to place myself upon the altar a living Sacrafice, perhaps to brook the world in disgrace and incur the displeasure and contempt of my youthful companions; all my dreams of happiness blown to the four winds, this was too much, the thought was unbearable.... I...at last found utterance and said, "Although you are a prophet of God you could not induce me to take a step of so great importance, unless I knew that God approved my course. I would rather die. I have tried to pray but received no comfort, no light....The same God who has sent this message is the Being I have worshipped from my early childhood and He must manifest His will to me."

Joseph's response:

He walked across the room, returned, and stood before me. With the most beautiful expression of countenance, he said, "God almighty bless you. You shall have a manifestation of the will of God concerning you; a testimony that you can never deny. I will tell you what it shall be. It shall be that peace and joy that you never knew."

That night, Lucy reported:

It was near after another sleepless night when my room was lighted up by a heavenly influence. To me it was, in comparison, like the brilliant sun bursting through the darkest cloud. The words of the Prophet were indeed fulfilled. My soul was filled with a calm, sweet peace that "I never knew." Supreme happiness took possession of me, and I received a powerful and irresistible testimony of the truth of plural marriage, which has been like an anchor to the soul through all the trials of life. I felt that I must go out into the morning air and give vent to the joy and gratitude that filled my soul. As I descended the stairs, President Smith opened the door below, took me by the hand and said, "Thank God, you have the testimony. I too have prayed." He led me to a chair, placed his hands upon my head, and blessed me with every blessing my heart could possibly desire.

– Lucy Walker

Even with Lucy's revelation and consent, Joseph then sought the permission of her oldest male relative in Nauvoo, her brother William Holmes Walker. He said:

The Prophet invited me to hitch up my horse with one of his...and to ride with him....On this occasion the subject of celestial, or plural marriage, was introduced to me. As we returned home he remarked, 'If there was anything I did not understand to hold on a little, and I would understand it."....

In the spring of 1843, my father, being away on a mission, the Prophet asked my consent, for my sister Lucy in Marriage. I replied that if it was her free will and choice, I had no objection....

When father returned from his mission, the matter being fully explained in connection with the doctrine, received his endorsement and all parties concerned received his approbation.

— William Holmes Walker

This is the only case of any kind of deadline being given, and it only came because Joseph saw how unhappy Lucy was as she hesitated with a decision over a period of months.

Did Joseph claim that an angel threatened him with a "drawn sword" or "flaming sword" if a woman refused to marry him?

The references to the "angel with a sword" refer to Joseph's postponement of the initiation of polygamy

Zina Diantha Huntington Jacobs said that Joseph mentioned an angel with a drawn sword.[7] The account of a "flaming" sword came from Eliza Snow and Orson F. Whitney.

The "angel with a sword" reference refers to Joseph's postponement of the practice of polygamy. Brian Hales notes that,

"Twenty-one accounts by nine polygamy insiders left recollections that the Prophet told of one specific reason: an angel with a sword who threatened him if he did not proceed. All nine witnesses could have heard the statement from the Prophet himself; however, the narratives themselves suggest that Benjamin F. Johnson and Eliza R. Snow may have been repeating information gathered from other people. Joseph Lee Robinson's narrative is difficult to date and his actual source is not clear. Lorenzo Snow, Erastus Snow, and Mary Elizabeth Rollins Lightner quote the Prophet directly and Mary Elizabeth provides details not available elsewhere. Unfortunately, with the possible exception of the Robinson account, all of the reminiscences date to at least twenty to thirty years after the event." [8]

Here are the quotes attributed to Zina on the matter:

1881: Zina Huntington—Zina D. Young told of Bro. Joseph's remark in relation to the revelation on celestial marriage. How an angel came to him with a drawn sword, and said if he did not obey this law he would lost his priesthood; and in the keeping of it he, Joseph, did not know but it would cost him his life. [9]

1894: Zina Huntington—[Joseph] sent word to me by my brother, saying, 'Tell Zina I put it off and put it off till an angel with a drawn sword stood by me and told me if I did not establish that principle upon the earth, I would lost my position and my life.'" [10]

Were women "locked in a room" in order to convince them to accept plural marriage?

While Nancy Rigdon and Martha Brotherton were likely approached about plural marriage in private, it is unlikely that they were locked in rooms or confined against their will

The author of Nauvoo Polygamy:..."but we called it celestial marriage," claims that "…both Nancy [Rigdon] and Martha [Brotherton] were…isolated in a locked room during the...effort" to persuade them to practice plural marriage.[11]

The claims about being "locked in a room," while dramatic, seem unlikely. Much of the evidence hinges on the unreliable and vindictive John C. Bennett, who published the exposé, The History of the Saints, or an Exposé of Joe Smith and Mormonism. While Nancy and Martha were likely approached about plural marriage in private, it is unlikely that they were locked in rooms or confined against their will.

Hyrum Smith touched upon this subject during a Conference talk on April 6, 1842:

He [Hyrum Smith] then spoke in contradiction of a report in circulation about Elder Kimball, B. Young, himself, and others of the Twelve, alledging that a sister had been shut in a room for several days, and that they had endeavored to induce her to believe in having two wives...

Pres't. J. Smith spoke upon the subject of the stories respecting Elder Kimball and others, showing the folly and inconsistency of spending any time in conversing about such stories or hearkening to them, for there is no person that is acquainted with our principles would believe such lies, except Sharp the editor of the "Warsaw Signal."[12]

The claim that Martha was locked in a room for "days" is likely an exaggerated rumor: It was more likely "about ten minutes" while Joseph was summoned

RLDS authors Richard and Pamela Price, who firmly believed that Joseph did not practice plural marriage, uses the Times and Seasons account to assert that Martha "changed her story" regarding the length of time during which she was held in the room:

The records show that Martha changed her story. As Hyrum reported to the Conference, at first she had told that she was locked in a room for days. But since that was such a ridiculous, unbelievable story, she changed it in her St. Louis affidavit to read that Brigham locked her in Joseph's office for only "about ten minutes."

However, we have no access to Martha's original story, so the Prices' assumption that Martha originally claimed that she was held in the room for a number of days cannot be verified. The source of the claim that Martha was held in the room for "days" is likely an exaggeration, however, the source of the rumor cannot be determined. The claim that she was locked in the office for "about ten minutes" while Joseph was summoned seems much more plausible.

The Prices provide additional reasoning against the idea that Martha was in the room for a number of days,

It would have been impossible for Martha to have been imprisoned in any room in the Red Brick Store without it being detected. In fact, she could not have gone up and down the stairs and from room to room without being observed by many. The store was a small, two-story building, and Joseph's office was only about ten feet square. Since dozens of people came to the store daily, her calls for help would have been heard. Martha had but one witness—John Bennett, who asserted in the Sangamo Journal for July 15, 1842, "She was locked up ... I saw her taken into the accursed room."

If Martha's story had been true, there would have been many witnesses, because Joseph' s store was the hub of activity in Nauvoo. People came to the store to buy everything from food to footwear. The store building also housed the headquarters for the Church and the city. There, the people paid their tithing and taxes, and conducted banking and real estate business. The store was alive with people by day and by night, for it was also in constant use as a civic and religious center…."[13]

One suspects Bennett's influence in this part of the story, since Bennett would likewise claim Joseph locked him in a room. In Bennett's case, the story is unworkable and contradicted by a non-LDS eyewitnesses.[14]

See also Brian Hales' discussion
Why did early members of the Church practice polygamy? Were they all dupes? Easily manipulated? Religious fanatics who believed Joseph could do no wrong? This article explores the initial reactions and eventual decisions made by the first generation of polygamists in Nauvoo.

Some critics would have readers believe that Joseph Smith simply had to smile at the young maidens of Nauvoo, and they would readily accept Joseph’s offers of marriage, perhaps acting on hidden desires to be with the handsome young prophet. Others characterize the women as acquiescing because of religious zealousness or coercion, unwilling victims of a lustful prophet wielding his powers of persuasion.

While these make for dramatic stories, the reality was certainly more complex than these colorful narratives would lead one to believe.


Learn more about polygamy and claims of coercion


Notes

  1. Brian Hales, "A Response to Concerns Regarding Joseph Smith and the Practice of Plural Marriage in the Church of Jesus Christ of Latter-day Saints," October 17, 2013.
  2. Hales, Joseph Smith's Polygamy Vol. 2, 121n26. See also 1:274–275; 2:31–32, 120–121; 3:230–234.
  3. Todd Compton, In Sacred Loneliness: The Plural Wives of Joseph Smith (Salt Lake City: Signature Books, 1997), 634–635. ( Index of claims ) We have here omitted Eliza Winters, a claim not supportable by the evidence.
  4. Augusta Joyce Crocheron (author and complier), Representative Women of Deseret, a book of biographical sketches to accompany the picture bearing the same title (Salt Lake City: J. C. Graham & Co., 1884).
  5. See 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), 5:12–13. Volume 5 link; Richard S. Van Wagoner, "Mormon Polyandry in Nauvoo," Dialogue: A Journal of Mormon Thought 18/3 (Fall 1985): 77; Van Wagoner, "Joseph and Marriage," Sunstone 10/9 (January 1986): 32.
  6. Jill C. Mulvay, "The Liberal Shall be Blessed: Sarah M. Kimball," Utah Historical Quarterly 44/3 (Summer 1976): 209; citing (221n11) "Jenson dates Hiram's baptism July 20, 1843. Andrew Jenson, Latter-day Saint Biographical Encyclopedia, 4 vols. (Salt Lake City, 1901-36), 2:372. At the end of 1844 Hiram received a patriarchal blessing, an ordinance usually reserved for church members. Patriarchal Blessings, vol. 9, December 25, 1844, manuscript, LDS Archives."
  7. Brian C. Hales, "Encouraging Joseph Smith to Practice Plural Marriage – The Accounts of the Angel with a Drawn Sword," Mormon Historical Studies 11/2 (Fall 2010).
  8. Brian Hales, Joseph Smith's Polygamy: History, 2:187.
  9. Hales, Joseph Smith's Polygamy: History 2:190. Originally quoted in "The Prophet's Birthday," Deseret News, January 12, 1881, 2.
  10. Hales, Joseph Smith's Polygamy: History 2:190. Originally quoted in "Joseph, the Prophet, His Life and Mission as Viewed by Intimate Acquaintances," Salt Lake Herald Church and Farm Supplement, January 12, 1895, 212.
  11. George D. Smith, Nauvoo Polygamy: "...but we called it celestial marriage" (Salt Lake City: Signature Books, 2008), 154. ( Index of claims , (Detailed book review))
  12. Times and Seasons, April 15, 1842 p. 763.
  13. Richard and Pamela Price, Joseph Smith Fought Polygamy—Vision Articles [Subsequent to Volume 1] (From Vision Magazine, Vol. 32, "The Martha Brotherton Case," off-site. FairMormon's consultants cannot endorse the Prices' contention that Joseph Smith did not practice plural marriage.
  14. Bennett, History of the Saints, 287–288. See affidavit from a non-LDS witness denying that Bennett was locked in a room by Joseph: Daniel H. Wells, "[Affidavit], "Times and Seasons 3/19 (1 August 1842): 873–874.
Articles about Plural marriage
Doctrinal foundation of plural marriage
Introduction of plural marriage
Plural marriage in Utah
End of plural marriage

Were plural wives forced into the marriage?

Plural wives were not forced into marriage

Brian Hales:

Some writers affirm that Joseph Smith put pressure on women to marry him. They portray him almost as a predator gallivanting about Nauvoo seeking new wives, even marrying other men’s spouses. While it makes for an entertaining storyline, it does not square with the historical record. One of Joseph’s plural wives, Lucy Walker, remembered the Prophet's counsel: "A woman would have her choice, this was a privilege that could not be denied her." The Prophet taught that eternal marriage was necessary for exaltation and encouraged all those he taught to comply, but he always respected their agency and choices in the matter.[1]

How many Mormon women refused offers of plural marriage?

It is difficult to know how many women refused plural marriage—if they said nothing, then we may have no way of knowing if they refused. Some cited in LDS sources include:

  • Sarah Granger Kimball
  • Rachel Ivins (Grant)
  • Lydia Moon
  • Cordelia C. Morley (Cox)
  • Esther M. Johnson
  • Nancy Rigdon - daughter of Sidney Rigdon
  • Sarah Pratt - wife of Orson Pratt[2]

Anti-Mormon sources list several other possibilities, but it is hard to know how far to trust them. As Compton notes, "Some ... are fairly well documented; others are sensationalist and badly documented." These include:

  • Jane Silverthorne (Law) - wife of William Law
  • Leonora Cannon (Taylor) - wife of John Taylor
  • Melissa Schindle
  • Emeline White
  • Mrs. Robert Foster
  • Pamela Michael
  • Mrs. Caroline Grant Smith
  • Lucy Smith Milligan (or Miliken)
  • Lavina Smith
  • Miss Marks - daughter of William Marks
  • Athalia Rigdon[3]

Source(s) of the criticism
Critical sources
  • Watchman Fellowship, The Watchman Expositor (Page 3)

Did any woman suffer consequences for turning down Joseph's proposal?

Two women afterward attacked Joseph's character and misrepresented his offer, to which Joseph responded. Those who did not were left strictly alone

There are numerous accounts of women to whom Joseph proposed plural marriage, who turned him down.

Two women afterward attacked Joseph's character and misrepresented his offer. He responded. Those who did not were left strictly alone. There were no consequences to these women. Sarah Kimball reported Joseph's mild reaction to the rejection:

Early in the year 1842, Joseph Smith taught me the principle of marriage for eternity, and the doctrine of plural marriage. He said that in teaching this he realized that he jeopardized his life; but God had revealed it to him many years before as a privilege with blessings, now God had revealed it again and instructed him to teach it with commandment, as the Church could travel (progress) no further without the introduction of this principle. I asked him to teach it to some one else. He looked at me reprovingly, and said, 'Will you tell me who to teach it to? God required me to teach it to you, and leave you with the responsibility of believing or disbelieving.‘ He said, 'I will not cease to pray for you, and if you will seek unto God in prayer you will not be led into temptation.'[4]

(Sarah's husband was not a member of the Church until 1843. There was some tension between him and Joseph as a result of this episode, but he seems to have resolved any animosity he held for the prophet.[5] They were later to go Utah with the Saints, where Sarah assumed a prominent role in the Relief Society. Her husband died while en route to a mission in Hawaii.[6]

Other women loudly trumpeted the plural marriage doctrine in Nauvoo and the hostile press. These women's testimony and character were generally attacked to try to discredit them in an effort to preserve the secrecy which surrounded plural marriage. (This factor is complicated by the fact that at least some were guilty of inappropriate behavior (e.g., likely Sarah Pratt). Despite attacks on their character, some remained in Nauvoo and likewise suffered no physical harm (e.g., Nancy Rigdon).

Were women put under "tremendous pressure" to accept a proposal of plural marriage?

Given that the Saints believed Joseph was a prophet, any command from him would carry significant weight

  • No one was coerced or forced into marriage (see above). However, given that the Saints believed Joseph was a prophet, any command from him would carry significant weight.
  • Despite this, the reported initial reactions are all negative: these women were strong-minded, and did not simply obey because Joseph told them to.
  • Because of their distaste for the idea, many plural wives reported divine revelations that confirmed the truth of plural marriage. Joseph encouraged women to seek for such divine confirmation.

Did Joseph Smith give a woman only one day to decide about entering a plural marriage, and would refusal mean terrible consequences?

One woman was told that the opportunity for plural marriage would expire in twenty-four hours. She was not threatened with damnation or physical consequences

This claim distorts the account of Lucy Walker. Joseph offered to teach Lucy about plural marriage, but she angrily refused:

When the Prophet Joseph Smith first mentioned the principle of plural marriage to me I became very indignant and told him emphatically that I did not wish him to ever mention it to me again....and so expressed myself to him....He counseled me, however, to pray to the Lord for light and understanding in relation thereto, and promised me if I would do so sincerely, I should receive a testimony of the correctness of the principle. Before praying I felt gloomy and downcast; in fact, I was so entirely given up to despair that I felt tired of life...."

Joseph then said nothing more to her for at least four months (and possibly as long as sixteen). Lucy continues:

[I] was so unwilling to consider the matter favorably that I fear I did not ask in faith for light. Gross darkness instead of light took possession of my mind. I was tempted and tortured beyond endurance until life was not desirable....

The Prophet discerned my sorrow. He saw how unhappy I was, and sought an opportunity of again speaking to me on this subject....

[He said] "I have no flattering words to offer. It is a command of God to you. I will give you until tomorrow to decide this matter. If you reject this message the gate will be closed forever against you."

– Lucy Walker, italics added

Lucy was told that the opportunity for plural marriage would expire in twenty-four hours. She was not threatened with damnation or physical consequences. Yet, she did not meekly obey:

This aroused every drop of scotch in my veins...I felt at this moment that I was called to place myself upon the altar a living Sacrafice, perhaps to brook the world in disgrace and incur the displeasure and contempt of my youthful companions; all my dreams of happiness blown to the four winds, this was too much, the thought was unbearable.... I...at last found utterance and said, "Although you are a prophet of God you could not induce me to take a step of so great importance, unless I knew that God approved my course. I would rather die. I have tried to pray but received no comfort, no light....The same God who has sent this message is the Being I have worshipped from my early childhood and He must manifest His will to me."

Joseph's response:

He walked across the room, returned, and stood before me. With the most beautiful expression of countenance, he said, "God almighty bless you. You shall have a manifestation of the will of God concerning you; a testimony that you can never deny. I will tell you what it shall be. It shall be that peace and joy that you never knew."

That night, Lucy reported:

It was near after another sleepless night when my room was lighted up by a heavenly influence. To me it was, in comparison, like the brilliant sun bursting through the darkest cloud. The words of the Prophet were indeed fulfilled. My soul was filled with a calm, sweet peace that "I never knew." Supreme happiness took possession of me, and I received a powerful and irresistible testimony of the truth of plural marriage, which has been like an anchor to the soul through all the trials of life. I felt that I must go out into the morning air and give vent to the joy and gratitude that filled my soul. As I descended the stairs, President Smith opened the door below, took me by the hand and said, "Thank God, you have the testimony. I too have prayed." He led me to a chair, placed his hands upon my head, and blessed me with every blessing my heart could possibly desire.

– Lucy Walker

Even with Lucy's revelation and consent, Joseph then sought the permission of her oldest male relative in Nauvoo, her brother William Holmes Walker. He said:

The Prophet invited me to hitch up my horse with one of his...and to ride with him....On this occasion the subject of celestial, or plural marriage, was introduced to me. As we returned home he remarked, 'If there was anything I did not understand to hold on a little, and I would understand it."....

In the spring of 1843, my father, being away on a mission, the Prophet asked my consent, for my sister Lucy in Marriage. I replied that if it was her free will and choice, I had no objection....

When father returned from his mission, the matter being fully explained in connection with the doctrine, received his endorsement and all parties concerned received his approbation.

— William Holmes Walker

This is the only case of any kind of deadline being given, and it only came because Joseph saw how unhappy Lucy was as she hesitated with a decision over a period of months.

Did Joseph claim that an angel threatened him with a "drawn sword" or "flaming sword" if a woman refused to marry him?

The references to the "angel with a sword" refer to Joseph's postponement of the initiation of polygamy

Zina Diantha Huntington Jacobs said that Joseph mentioned an angel with a drawn sword.[7] The account of a "flaming" sword came from Eliza Snow and Orson F. Whitney.

The "angel with a sword" reference refers to Joseph's postponement of the practice of polygamy. Brian Hales notes that,

"Twenty-one accounts by nine polygamy insiders left recollections that the Prophet told of one specific reason: an angel with a sword who threatened him if he did not proceed. All nine witnesses could have heard the statement from the Prophet himself; however, the narratives themselves suggest that Benjamin F. Johnson and Eliza R. Snow may have been repeating information gathered from other people. Joseph Lee Robinson's narrative is difficult to date and his actual source is not clear. Lorenzo Snow, Erastus Snow, and Mary Elizabeth Rollins Lightner quote the Prophet directly and Mary Elizabeth provides details not available elsewhere. Unfortunately, with the possible exception of the Robinson account, all of the reminiscences date to at least twenty to thirty years after the event." [8]

Here are the quotes attributed to Zina on the matter:

1881: Zina Huntington—Zina D. Young told of Bro. Joseph's remark in relation to the revelation on celestial marriage. How an angel came to him with a drawn sword, and said if he did not obey this law he would lost his priesthood; and in the keeping of it he, Joseph, did not know but it would cost him his life. [9]

1894: Zina Huntington—[Joseph] sent word to me by my brother, saying, 'Tell Zina I put it off and put it off till an angel with a drawn sword stood by me and told me if I did not establish that principle upon the earth, I would lost my position and my life.'" [10]

Were women "locked in a room" in order to convince them to accept plural marriage?

While Nancy Rigdon and Martha Brotherton were likely approached about plural marriage in private, it is unlikely that they were locked in rooms or confined against their will

The author of Nauvoo Polygamy:..."but we called it celestial marriage," claims that "…both Nancy [Rigdon] and Martha [Brotherton] were…isolated in a locked room during the...effort" to persuade them to practice plural marriage.[11]

The claims about being "locked in a room," while dramatic, seem unlikely. Much of the evidence hinges on the unreliable and vindictive John C. Bennett, who published the exposé, The History of the Saints, or an Exposé of Joe Smith and Mormonism. While Nancy and Martha were likely approached about plural marriage in private, it is unlikely that they were locked in rooms or confined against their will.

Hyrum Smith touched upon this subject during a Conference talk on April 6, 1842:

He [Hyrum Smith] then spoke in contradiction of a report in circulation about Elder Kimball, B. Young, himself, and others of the Twelve, alledging that a sister had been shut in a room for several days, and that they had endeavored to induce her to believe in having two wives...

Pres't. J. Smith spoke upon the subject of the stories respecting Elder Kimball and others, showing the folly and inconsistency of spending any time in conversing about such stories or hearkening to them, for there is no person that is acquainted with our principles would believe such lies, except Sharp the editor of the "Warsaw Signal."[12]

The claim that Martha was locked in a room for "days" is likely an exaggerated rumor: It was more likely "about ten minutes" while Joseph was summoned

RLDS authors Richard and Pamela Price, who firmly believed that Joseph did not practice plural marriage, uses the Times and Seasons account to assert that Martha "changed her story" regarding the length of time during which she was held in the room:

The records show that Martha changed her story. As Hyrum reported to the Conference, at first she had told that she was locked in a room for days. But since that was such a ridiculous, unbelievable story, she changed it in her St. Louis affidavit to read that Brigham locked her in Joseph's office for only "about ten minutes."

However, we have no access to Martha's original story, so the Prices' assumption that Martha originally claimed that she was held in the room for a number of days cannot be verified. The source of the claim that Martha was held in the room for "days" is likely an exaggeration, however, the source of the rumor cannot be determined. The claim that she was locked in the office for "about ten minutes" while Joseph was summoned seems much more plausible.

The Prices provide additional reasoning against the idea that Martha was in the room for a number of days,

It would have been impossible for Martha to have been imprisoned in any room in the Red Brick Store without it being detected. In fact, she could not have gone up and down the stairs and from room to room without being observed by many. The store was a small, two-story building, and Joseph's office was only about ten feet square. Since dozens of people came to the store daily, her calls for help would have been heard. Martha had but one witness—John Bennett, who asserted in the Sangamo Journal for July 15, 1842, "She was locked up ... I saw her taken into the accursed room."

If Martha's story had been true, there would have been many witnesses, because Joseph' s store was the hub of activity in Nauvoo. People came to the store to buy everything from food to footwear. The store building also housed the headquarters for the Church and the city. There, the people paid their tithing and taxes, and conducted banking and real estate business. The store was alive with people by day and by night, for it was also in constant use as a civic and religious center…."[13]

One suspects Bennett's influence in this part of the story, since Bennett would likewise claim Joseph locked him in a room. In Bennett's case, the story is unworkable and contradicted by a non-LDS eyewitnesses.[14]

See also Brian Hales' discussion
Why did early members of the Church practice polygamy? Were they all dupes? Easily manipulated? Religious fanatics who believed Joseph could do no wrong? This article explores the initial reactions and eventual decisions made by the first generation of polygamists in Nauvoo.

Some critics would have readers believe that Joseph Smith simply had to smile at the young maidens of Nauvoo, and they would readily accept Joseph’s offers of marriage, perhaps acting on hidden desires to be with the handsome young prophet. Others characterize the women as acquiescing because of religious zealousness or coercion, unwilling victims of a lustful prophet wielding his powers of persuasion.

While these make for dramatic stories, the reality was certainly more complex than these colorful narratives would lead one to believe.


Learn more about polygamy and claims of coercion


Notes

  1. Brian Hales, "A Response to Concerns Regarding Joseph Smith and the Practice of Plural Marriage in the Church of Jesus Christ of Latter-day Saints," October 17, 2013.
  2. Hales, Joseph Smith's Polygamy Vol. 2, 121n26. See also 1:274–275; 2:31–32, 120–121; 3:230–234.
  3. Todd Compton, In Sacred Loneliness: The Plural Wives of Joseph Smith (Salt Lake City: Signature Books, 1997), 634–635. ( Index of claims ) We have here omitted Eliza Winters, a claim not supportable by the evidence.
  4. Augusta Joyce Crocheron (author and complier), Representative Women of Deseret, a book of biographical sketches to accompany the picture bearing the same title (Salt Lake City: J. C. Graham & Co., 1884).
  5. See 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), 5:12–13. Volume 5 link; Richard S. Van Wagoner, "Mormon Polyandry in Nauvoo," Dialogue: A Journal of Mormon Thought 18/3 (Fall 1985): 77; Van Wagoner, "Joseph and Marriage," Sunstone 10/9 (January 1986): 32.
  6. Jill C. Mulvay, "The Liberal Shall be Blessed: Sarah M. Kimball," Utah Historical Quarterly 44/3 (Summer 1976): 209; citing (221n11) "Jenson dates Hiram's baptism July 20, 1843. Andrew Jenson, Latter-day Saint Biographical Encyclopedia, 4 vols. (Salt Lake City, 1901-36), 2:372. At the end of 1844 Hiram received a patriarchal blessing, an ordinance usually reserved for church members. Patriarchal Blessings, vol. 9, December 25, 1844, manuscript, LDS Archives."
  7. Brian C. Hales, "Encouraging Joseph Smith to Practice Plural Marriage – The Accounts of the Angel with a Drawn Sword," Mormon Historical Studies 11/2 (Fall 2010).
  8. Brian Hales, Joseph Smith's Polygamy: History, 2:187.
  9. Hales, Joseph Smith's Polygamy: History 2:190. Originally quoted in "The Prophet's Birthday," Deseret News, January 12, 1881, 2.
  10. Hales, Joseph Smith's Polygamy: History 2:190. Originally quoted in "Joseph, the Prophet, His Life and Mission as Viewed by Intimate Acquaintances," Salt Lake Herald Church and Farm Supplement, January 12, 1895, 212.
  11. George D. Smith, Nauvoo Polygamy: "...but we called it celestial marriage" (Salt Lake City: Signature Books, 2008), 154. ( Index of claims , (Detailed book review))
  12. Times and Seasons, April 15, 1842 p. 763.
  13. Richard and Pamela Price, Joseph Smith Fought Polygamy—Vision Articles [Subsequent to Volume 1] (From Vision Magazine, Vol. 32, "The Martha Brotherton Case," off-site. FairMormon's consultants cannot endorse the Prices' contention that Joseph Smith did not practice plural marriage.
  14. Bennett, History of the Saints, 287–288. See affidavit from a non-LDS witness denying that Bennett was locked in a room by Joseph: Daniel H. Wells, "[Affidavit], "Times and Seasons 3/19 (1 August 1842): 873–874.


60 - The “comely sixteen-year-old Fanny Alger” became Joseph's plural wife in 1833

The author(s) of Mormon America: The Power and the Promise make(s) the following claim:

The “comely sixteen-year-old Fanny Alger” became Joseph's plural wife in 1833.

FAIR's Response

Articles about Plural marriage
Doctrinal foundation of plural marriage
Introduction of plural marriage
Plural marriage in Utah
End of plural marriage

What do we know about Joseph Smith's first plural wife Fanny Alger?

There are no first-hand accounts of the relationship between Joseph Smith and Fanny Alger

One of the wives about whom we know relatively little is Fanny Alger, Joseph's first plural wife, whom he came to know in early 1833 when she stayed at the Smith home as a house-assistant of sorts to Emma (such work was common for young women at the time). There are no first-hand accounts of their relationship (from Joseph or Fanny), nor are there second-hand accounts (from Emma or Fanny's family). All that we do have is third hand (and mostly hostile) accounts, most of them recorded many years after the events.

Unfortunately, this lack of reliable and extensive historical detail leaves much room for critics to claim that Joseph Smith had an affair with Fanny and then later invented plural marriage as way to justify his actions which, again, rests on dubious historical grounds. The problem is we don't know the details of the relationship or exactly of what it consisted, and so are left to assume that Joseph acted honorably (as believers) or dishonorably (as critics).

There is some historical evidence that Joseph Smith knew as early as 1831 that plural marriage would be restored, so it is perfectly legitimate to argue that Joseph's relationship with Fanny Alger was such a case. Mosiah Hancock (a Mormon) reported a wedding ceremony; and apostate Mormons Ann Eliza Webb Young and her father Chauncery both referred to Fanny's relationship as a "sealing." Ann Eliza also reported that Fanny's family was very proud of Fanny's relationship with Joseph, which makes little sense if it was simply a tawdry affair. Those closest to them saw the marriage as exactly that—a marriage.

Did Joseph Smith marry Fanny Alger as his first plural wife in 1833?

Joseph Smith met Fanny Alger in 1833 when she was a house-assistant to Emma

Joseph Smith came to know Fanny Alger in early 1833 when she stayed at the Smith home as a house-assistant to Emma. Neither Joseph nor Fanny ever left any first-hand accounts of their relationship. There are no second-hand accounts from Emma or Fanny's family. All that we do have is third hand accounts from people who did not directly observe the events associated with this first plural marriage, and most of them recorded many years after the events.

Joseph said that the "ancient order of plural marriage" was to again be practiced at the time that Fanny was living with his family

Benjamin F. Johnson stated that in 1835 he had "learned from my sister’s husband, Lyman R. Sherman, who was close to the Prophet, and received it from him, 'that the ancient order of Plural Marriage was again to be practiced by the Church.' This, at the time did not impress my mind deeply, although there lived then with his family (the Prophet’s) a neighbor’s daughter, Fannie Alger, a very nice and comely young woman about my own age, toward whom not only myself, but every one, seemed partial, for the amiability for her character; and it was whispered even then that Joseph loved her."[1]

Joseph asked the brother-in-law of Fanny's father to make the request of Fanny's father, after which a marriage ceremony was performed

Mosiah Hancock discusses the manner in which the proposal was extended to Fanny, and states that a marriage ceremony was performed. Joseph asked Levi Hancock, the brother-in-law of Samuel Alger, Fanny’s father, to request Fanny as his plural wife:

Samuel, the Prophet Joseph loves your daughter Fanny and wishes her for a wife. What say you?" Uncle Sam says, "Go and talk to the old woman [Fanny’s mother] about it. Twill be as she says." Father goes to his sister and said, "Clarissy, Brother Joseph the Prophet of the most high God loves Fanny and wishes her for a wife. What say you?" Said she, "Go and talk to Fanny. It will be all right with me." Father goes to Fanny and said, "Fanny, Brother Joseph the Prophet loves you and wishes you for a wife. Will you be his wife?" "I will Levi," said she. Father takes Fanny to Joseph and said, "Brother Joseph I have been successful in my mission." Father gave her to Joseph, repeating the ceremony as Joseph repeated to him.[2]

How could Joseph and Fanny have been married in 1831 if the sealing power had not yet been restored?

There is historical evidence that Joseph Smith knew as early as 1831 that plural marriage would be restored

There is historical evidence that Joseph Smith knew as early as 1831 that plural marriage would be restored. Mosiah Hancock (a Mormon) reported a wedding ceremony in Kirtland, Ohio in 1833.

Apostate Mormons Ann Eliza Webb Young and her father Chauncery both referred to Fanny's relationship as a "sealing." Ann Eliza also reported that Fanny's family was very proud of Fanny's relationship with Joseph, which makes little sense if it was simply a tawdry affair. Those closest to them saw the marriage as exactly that—a marriage.

Joseph and Fanny's marriage was a plural marriage, not an eternal marriage

Some have wondered how the first plural marriages (such as the Alger marriage) could have occurred before the 1836 restoration of the sealing keys in the Kirtland temple (see D&C 110). This confusion occurs because we tend to conflate several ideas. They were not all initially wrapped together in one doctrine:

  1. plural marriage - the idea that one could be married (in mortality) to more than one woman: being taught by 1831.
  2. eternal marriage - the idea that a man and spouse could be sealed and remain together beyond the grave: being taught by 1835.
  3. "celestial" marriage - the combination of the above two ideas, in which all marriages—plural and monogamous—could last beyond the grave via the sealing powers: implemented by 1840-41.

Thus, the marriage to Fanny would have occurred under the understanding #1 above. The concept of sealing beyond the grave came later. Therefore, the marriage of Joseph and Fanny would have been a plural marriage, but it would not have been a marriage for eternity.

Perhaps it is worth mentioning that priesthood power already gave the ability to ratify certain ordinances as binding on heaven and earth (D&C 1:8), that the sealing power was given mention in earlier revelations such as Helaman 10:7, and that the coming of Elijah and his turning of the hearts of children and fathers was prophesied in 3 Nephi 25:5-6. This supports the view that it is unlikely that Joseph was just making up the sealing power and priesthood power extemporaneously to justify getting married to Fanny and having sexual relations with her.

Did some of Joseph Smith's associates believe that he had an affair with Fanny Alger?

Oliver Cowdery perceived the relationship between Joseph and Fanny as a "dirty, nasty, filthy affair"

Some of Joseph's associates, most notably Oliver Cowdery, perceived Joseph's association with Fanny as an affair rather than a plural marriage. Oliver, in a letter to his brother Warren, asserted that "in every instance I did not fail to affirm that which I had said was strictly true. A dirty, nasty, filthy affair of his and Fanny Alger's was talked over in which I strictly declared that I had never deserted from the truth in the matter, and as I supposed was admitted by himself."[3]

Gary J. Bergera, an advocate of the "affair" theory, wrote:

I do not believe that Fanny Alger, whom [Todd] Compton counts as Smith’s first plural wife, satisfies the criteria to be considered a "wife." Briefly, the sources for such a "marriage" are all retrospective and presented from a point of view favoring plural marriage, rather than, say, an extramarital liaison…Smith’s doctrine of eternal marriage was not formulated until after 1839–40. [4]

There are several problems with this analysis. While it is true that sources on Fanny are all retrospective, the same is true of many early plural marriages. Fanny's marriage has more evidence than some. Bergera says that all the sources about Fanny's marriage come "from a point of view favoring plural marriage," but this claim is clearly false.

Even hostile accounts of the relationship between Joseph and Fanny report a marriage or sealing

For example, Fanny's marriage was mentioned by Ann Eliza Webb Young, a later wife of Brigham Young's who divorced him, published an anti-Mormon book, and spent much of her time giving anti-Mormon, anti-polygamy lectures. Fanny stayed with Ann Eliza's family after leaving Joseph and Emma's house, and both Ann Eliza and her father Chauncey Webb [5] refer to Joseph's relationship to Fanny as a "sealing." [6] Eliza also noted that the Alger family "considered it the highest honor to have their daughter adopted into the prophet's family, and her mother has always claimed that she [Fanny] was sealed to Joseph at that time." [7] This would be a strange attitude to take if their relationship was a mere affair. And, the hostile Webbs had no reason to invent a "sealing" idea if they could have made Fanny into a mere case of adultery.

It seems clear, then, that Joseph, Fanny's family, Levi Hancock, and even hostile witnesses saw their relationship as a marriage, albeit an unorthodox one. The witness of Chauncey Webb and Ann Eliza Webb Young make it untenable to claim that only a later Mormon whitewash turned an affair into a marriage.

See also Brian Hales' discussion
It appears that shortly after the April 3 vision, Joseph Smith recorded a first-hand account of the vision in his own personal journal or notes. That original record has not been found and is probably lost. Nonetheless, these important visitations were documented in other contemporaneous records. Within a few days, the Prophet’s secretary Warren Cowdery transcribed Joseph’s first-hand account into a third-hand account to be used in the Church history then being composed.

Despite the importance of Elijah and the Kirtland Temple visitations, Joseph Smith did not publicly teach eternal marriage for perhaps six years after he received the authority to perform those ordinances.

Sometime in late 1835 or early 1836, in a priesthood ceremony performed by Levi Hancock, Joseph secretly married Fanny Alger, a domestic living in the Smith home. When Oliver Cowdery and Emma Smith learned of the relationship, they did not consider it a legitimate marriage. Joseph was unable to convince them the polygamous marriage was approved of God. Fanny left the area and married a non-member a few months later and never returned to the Church. Her family and other who were close to her remained true to Joseph Smith, following him to Nauvoo and later migrating with the Saints to Utah.

Source(s) of the criticism
Critical sources

Did Emma Smith discover her husband Joseph with Fanny Alger in a barn?

William McLellin claimed to have heard a story that Fanny and Joseph were in the barn and Emma had observed them

In 1872, William McLellin (then an apostate excommunicated nearly 34 years prior) wrote a letter to Emma and Joseph's son, Joseph Smith III:

Now Joseph I will relate to you some history, and refer you to your own dear Mother for the truth. You will probably remember that I visited your Mother and family in 1847, and held a lengthy conversation with her, retired in the Mansion House in Nauvoo. I did not ask her to tell, but I told her some stories I had heard. And she told me whether I was properly informed. Dr. F. G. Williams practiced with me in Clay Co. Mo. during the latter part of 1838. And he told me that at your birth your father committed an act with a Miss Hill [sic]—a hired girl. Emma saw him, and spoke to him. He desisted, but Mrs. Smith refused to be satisfied. He called in Dr. Williams, O. Cowdery, and S. Rigdon to reconcile Emma. But she told them just as the circumstances took place. He found he was caught. He confessed humbly, and begged forgiveness. Emma and all forgave him. She told me this story was true!! Again I told her I heard that one night she missed Joseph and Fanny Alger. She went to the barn and saw him and Fanny in the barn together alone. She looked through a crack and saw the transaction!!! She told me this story too was verily true. [8]

Some critics interpret "transaction" to mean intercourse in this case and that Emma caught Joseph in the very act. But McLellin reported on the event again three years afterwards in 1875 to J. H. Beadle and makes it clear that he is talking about the wedding or sealing ceremony:

He [McLellin] was in the vicinity during all the Mormon troubles in Northern Missouri, and grieved heavily over the suffering of his former brethren. He also informed me of the spot where the first well authenticated case of polygamy took place in which Joseph Smith was "sealed" to the hired girl. The "sealing" took place in a barn on the hay mow, and was witnessed by Mrs. Smith through a crack in the door! The Doctor was so distressed about this case, (it created some scandal at the time among the Saints,) that long afterwards when he visited Mrs. Emma Smith at Nauvoo, he charged her as she hoped for salvation to tell him the truth about it. And she then and there declared on her honor that it was a fact—"saw it with her own eyes." [9]

Ann Eliza Webb, who was born 11 years after Joseph's marriage to Fanny, claimed that Emma threw Fanny out of the house

Ann Eliza Webb, who was born in 1844, was not even alive at the time of these events, could only only comment based upon what her father told her about Joseph and Fanny. Ann apostatized from the Church and wrote an "expose" called Wife No. 19, or The story of a Life in Bondage. She described Fanny as follows:

Mrs. Smith had an adopted daughter, a very pretty, pleasing young girl, about seventeen years old. She was extremely fond of her; no mother could be more devoted, and their affection for each other was a constant object of remark, so absorbing and genuine did it seem. Consequently is was with a shocked surprise that people heard that sister Emma had turned Fanny out of the house in the night.[10]

Did Fanny Alger have a child by Joseph Smith?

A suggestion that Fanny was pregnant by Joseph surfaced in an 1886 anti-Mormon book with a claim that Emma "drove" Fanny out of the house

The first mention of a pregnancy for Fanny is in an 1886 anti-Mormon work, citing Chauncey Webb, with whom Fanny reportedly lived after leaving the Smith home.[11] Webb claimed that Emma "drove" Fanny from the house because she "was unable to conceal the consequences of her celestial relation with the prophet." If Fanny was pregnant, it is curious that no one else remarked upon it at the time, though it is possible that the close quarters of a nineteenth-century household provided Emma with clues. If Fanny was pregnant by Joseph, the child never went to term, died young, or was raised under a different name.

Fawn Brodie claimed that Fanny's son Orrison was the son of Joseph Smith, but this was disproven by DNA research

Fawn Brodie, in her critical work No Man Knows My History: The Life of Joseph Smith, claimed that "there is some evidence that Fannie Alger bore Joseph a child in Kirtland."[12] However, DNA research in 2005 confirmed Fanny Alger’s son Orrison Smith is not the son of Joseph Smith, Jr.[13]


Notes

  1. Dean Zimmerman, I Knew the Prophets: An Analysis of the Letter of Benjamin F. Johnson to George F. Gibbs, Reporting Doctrinal Views of Joseph Smith and Brigham Young (Bountiful, Utah: Horizon, 1976), 38; punctuation and spelling standardized. Cited in Brian Hales, "Fanny Alger," josephsmithspolygamy.org. off-site
  2. Levi Ward Hancock, "Autobiography with Additions in 1896 by Mosiah Hancock," 63, MS 570, Church History Library, punctuation and spelling standardized; cited portion written by Mosiah. Cited in Brian Hales, "Fanny Alger," josephsmithspolygamy.org. off-site
  3. Richard Bushman, Rough Stone Rolling, 323–25, 347–49.
  4. Gary James Bergera, "Identifying the Earliest Mormon Polygamists, 1841–44," Dialogue: A Journal of Mormon Thought 38 no. 3 (Fall 2005), 30n75.
  5. Wilhelm Wyl, [Wilhelm Ritter von Wymetal], Mormon Portraits Volume First: Joseph Smith the Prophet, His Family and Friends (Salt Lake City, Utah: Tribune Printing and Publishing Company, 1886), 57; Ann Eliza Young, Wife No. 19, or the Story of a Life in Bondage, Being a Complete Exposé of Mormonism, and Revealing the Sorrows, Sacrifices and Sufferings of Women in Polygamy (Hartford, Conn.: Custin, Gilman & Company, 1876), 66–67; discussed in Danel W. Bachman, "A Study of the Mormon Practice of Polygamy before the Death of Joseph Smith" (Purdue University, 1975), 140 and Compton, In Sacred Loneliness, 34–35.
  6. Ann Eliza would have observed none of the Fanny marriage at first hand, since she was not born until 1840. The Webbs’ accounts are perhaps best seen as two versions of the same perspective.
  7. Young, Wife No. 19, 66–67; discussed by Bachman, "Mormon Practice of Polygamy", 83n102; see also Ann Eliza Webb Young to Mary Bond, 24 April 1876 and 4 May 1876, Myron H. Bond collection, P21, f11, RLDS Archives cited by Compton, In Sacred Loneliness, 34 and commentary in Todd Compton, "A Trajectory of Plurality: An Overview of Joseph Smith's Thirty-Three Plural Wives," Dialogue: A Journal of Mormon Thought 29/2 (Summer 1996): 30.
  8. William McLellin, Letter to Joseph Smith III, July 1872, Community of Christ Archives
  9. William McClellin, quoted in J. H. Beadle, "Jackson County," 4
  10. Ann Eliza Webb Young, Wife No. 19, or The story of a Life in Bondage, 66.
  11. Wilhelm Wyl, Mormon Portraits Volume First: Joseph Smith the Prophet, His Family and Friends (Salt Lake City: Tribune Printing and Publishing Co., 1886), 57. Ann Eliza Young, Wife No. 19, or the Story of a Life in Bondage, Being a Complete Exposé of Mormonism, and Revealing the Sorrows, Sacrifices and Sufferings of Women in Polygamy (Hartford, Conn.: Custin, Gilman & Company, 1876), 66–67. Discussed in Bachman, "Mormon Practice of Polygamy," 140. Also in Compton, In Sacred Loneliness, 34–35.
  12. Fawn Brodie, No Man Knows My History.
  13. Ugo A. Perego, Natalie M. Myers, and Scott R. Woodward, "Reconstructing the Y-Chromosome of Joseph Smith Jr.: Genealogical Applications, Journal of Mormon History Vol. 32, No. 2 (Summer 2005) 70-88.

60 - W.W. Phelps introduced an anti-polygamy resolution in Oliver Cowdery's handwriting while Joseph was away, which was adopted by the Church

The author(s) of Mormon America: The Power and the Promise make(s) the following claim:

W.W. Phelps introduced an anti-polygamy resolution in Oliver Cowdery's handwriting while Joseph was away, which was adopted by the Church.

Author's sources: Fawn M. Brodie, No Man Knows My History: The Life of Joseph Smith (New York: Alfred A. Knopf, 1945), 185. ( Index of claims )

FAIR's Response

Articles about Plural marriage
Doctrinal foundation of plural marriage
Introduction of plural marriage
Plural marriage in Utah
End of plural marriage

Articles about the Doctrine and Covenants

Why did the 1835 Doctrine and Covenants include a statement of marriage that denied the practice of polygamy at a time when some were actually practicing it?

Polygamy was not being taught to the general Church membership at that time

The Article on Marriage was printed in the 1835 D&C as section 101 and in the 1844 D&C as section 109. The portion of the Article on Marriage relevant to polygamy states:

Inasmuch as this church of Christ has been reproached with the crime of fornication, and polygamy: we declare that we believe, that one man should have one wife; and one woman, but one husband, except in case of death, when either is at liberty to marry again. [1]

This was true—the Church membership generally was not being taught plural marriage, and were not living it at that time.

The statement itself was not changed between the 1835 and 1844 editions of the D&C

In fact, the statement remained in the D&C until the 1876 edition, even though plural marriage had been taught to specific individuals since at least 1831, practiced in secret since 1836, and practiced openly since 1852. The matter of not removing it in 1852 was simply due to the fact that a new edition of the D&C was not published until 1876.

The available evidence suggests that Joseph Smith supported its publication

While some have suggested that the article was published against Joseph's wishes or without his knowledge, the available evidence suggests that he supported its publication. It was likely included to counter the perception that the Mormon's practice of communal property (the "law of consecration") included a community of wives.

The statement was not a revelation given to Joseph Smith - it was written by Oliver Cowdery

This statement was not a revelation given to Joseph Smith—it was written by Oliver Cowdery and introduced to a conference of the priesthood at Kirtland on 17 August 1835. Cowdery also wrote a statement of belief on government that has been retained in our current edition of the D&C as section 134. Both were sustained at the conference and included in the 1835 D&C, which was already at the press and ready to be published. Joseph Smith was preaching in Michigan at the time Oliver and W.W. Phelps introduced these two articles to the conference; it is not known if he approved of their addition to the D&C at the time, although he did retain them in the 1844 Nauvoo edition, which argues that he was not opposed to them. (Phelps read the article on marriage, while Cowdery read the one on government.) [2]

Some have suggested that the manner in which the conference was called suggests that Joseph was not the instigator of it, since it seems to have been done quite quickly, with relatively few high church leaders in attendance:

The General Assembly, which may have been announced on only twenty-four hours' notice, was held Monday, August 17[, 1835]. Its spur-of-the-moment nature is demonstrated by observing that a puzzling majority of Church leaders were absent. Missing from the meeting were all of the Twelve Apostles, eight of the twelve Kirtland High Council members nine of the twelve Missouri High Council members, three of the seven Presidents of the Quorum of Seventy, Presiding Bishop Partridge, and...two of the three members of the First Presidency. [3]

However, there is also some evidence that an article on marriage was already anticipated, and cited four times in the new D&C's index, which was prepared under Joseph's direction and probably available prior to his departure. Thus, "if a disagreement existed, it was resolved before the Prophet left for Pontiac." [4]

Was Oliver Cowdery aware that some in the Church were practicing polygamy in 1835 at the time he authored the "Article on Marriage"?

Oliver Cowdery, the author of the 1835 "Article on Marriage," was aware that some in the Church were practicing polygamy at the time that the statement was published

On July 7, 1878, Joseph F. Smith discussed Oliver's awareness of polygamy at the time of this publication:

To put this matter more correctly before you, I here declare that the principle of plural marriage was not first revealed on the 12th day of July, 1843. It was written for the first time on that date, but it had been revealed to the Prophet many years before that, perhaps as early as 1832. About this time, or subsequently, Joseph, the Prophet, intrusted this fact to Oliver Cowdery; he abused the confidence imposed in him, and brought reproach upon himself, and thereby upon the church by "running before he was sent," and "taking liberties without license," so to speak, hence the publication, by O. Cowdery, about this time, of an article on marriage, which was carefully worded, and afterwards found its way into the Doctrine and Covenants without authority. This article explains itself to those who understand the facts, and is an indisputable evidence of the early existence of the knowledge of the principle of patriarchal marriage by the Prophet Joseph, and also by Oliver Cowdery. [5]

However, there continues to be debate about whether Oliver Cowdery knew about--or prematurely practiced--plural marriage in the 1830s. [6] Oliver would learn about the Fanny Alger marriage, but his reaction at the time seems to have been wholly negative.

The original D&C 101 article outlined the general practice of performing a Latter-day Saint wedding, explained LDS beliefs about the marriage relationship, and denied that the Saints were practicing polygamy.

Was the practice of polygamy general knowledge among Latter-day Saints in 1835 when the "Article on Marriage" was published?

Knowledge of the practice of polygamy among the Saints was limited prior to the 1840s

Some have argued that rumors of "polygamy" may already have been circulating as a result of the Prophet teaching the concept to some of his close associates. However, Brian Hales has argued that there are few if any extant attacks on Joseph or the Saints about polygamy prior to the 1840s:

...if the article was designed to neutralize reports about Joseph Smith and his alleged "crimes," polygamy would not have been included because that allegation was not made then nor at any other time during the Kirtland period according to any documentation currently available. In other words, assuming that the denial of polygamy in the "Marriage" article [of D&C 101] was specifically tied to rumors of Joseph Smith's behavior is problematic, unless other corroborating evidence can be located. [7]

Charges of polygamy or "free love" or having wives in common were often made against new or little-known religious or social groups

On the other hand, charges of polygamy or "free love" or having wives in common were often made against new or little-known religious or social groups. As Hales reports:

Some [nineteenth-century utopian societies] experimented with novel marital and sexual practices, which focused suspicion on all the groups....Accordingly, early Latter-day Saint efforts to live the law of consecration, even though it sustained traditional monogamy, were instantly misunderstood....

John L. Brooke...wrote: "Among the non-Mormons in Ohio there were suspicions that the community of property dictated in the 'Law of Consecration' included wives."...

It seems plausible, even likely, that beginning in 1831, some uninformed individuals assumed that the law of consecration included a community of wives as one of its tenets, even publishing such claims, although there is no indication that this is how the Mormons themselves interpreted the law of consecration. Understandably, Church leaders would actively seek to deny such untrue allegations in a document on marriage to be included in the 1835 Doctrine and Covenants. [8]

Gilbert Scharffs notes:

The original Section 101 (never claimed as a revelation but approved as a statement of belief) did state that monogamy was the practice of the Church at that time. The section was not written by Joseph Smith and was voted upon by members in his absence. Perhaps the section was intended to prevent members from getting involved with plural marriage until such a time as the practice would be authorized by the Lord Church-wide. When that became the fact, the current Section 132 replaced the old Section 101. [9]

Learn more about polygamy: 1835 Doctrine and Covenants

Source(s) of the criticism
Critical sources

Notes

  1. Doctrine and Covenants, 1835 edition, Section 101.
  2. History of the Church, 2:246–247. Volume 2 link
  3. Brian C. Hales, Joseph Smith's Polygamy Volume 1: History (Salt Lake City, Utah: Greg Kofford Books, 2013), 154.
  4. Hales, Joseph Smith's Polygamy Vol. 1, 173, see pp. 171–1731 for full details.
  5. Joseph F. Smith, Journal of Discourses 20:29.
  6. Hales, Joseph Smith's Polygamy Vol. 1, 156–158.
  7. Hales, Joseph Smith's Polygamy Vol. 1, 161–162.
  8. Hales, Joseph Smith's Polygamy Vol. 1, 166, 168.
  9. Gilbert Scharffs, "Marriage Is Ordained of God", The Truth About "The God Makers" off-site
Articles about Plural marriage
Doctrinal foundation of plural marriage
Introduction of plural marriage
Plural marriage in Utah
End of plural marriage

Articles about the Doctrine and Covenants

Why did the 1835 Doctrine and Covenants include a statement of marriage that denied the practice of polygamy at a time when some were actually practicing it?

Polygamy was not being taught to the general Church membership at that time

The Article on Marriage was printed in the 1835 D&C as section 101 and in the 1844 D&C as section 109. The portion of the Article on Marriage relevant to polygamy states:

Inasmuch as this church of Christ has been reproached with the crime of fornication, and polygamy: we declare that we believe, that one man should have one wife; and one woman, but one husband, except in case of death, when either is at liberty to marry again. [1]

This was true—the Church membership generally was not being taught plural marriage, and were not living it at that time.

The statement itself was not changed between the 1835 and 1844 editions of the D&C

In fact, the statement remained in the D&C until the 1876 edition, even though plural marriage had been taught to specific individuals since at least 1831, practiced in secret since 1836, and practiced openly since 1852. The matter of not removing it in 1852 was simply due to the fact that a new edition of the D&C was not published until 1876.

The available evidence suggests that Joseph Smith supported its publication

While some have suggested that the article was published against Joseph's wishes or without his knowledge, the available evidence suggests that he supported its publication. It was likely included to counter the perception that the Mormon's practice of communal property (the "law of consecration") included a community of wives.

The statement was not a revelation given to Joseph Smith - it was written by Oliver Cowdery

This statement was not a revelation given to Joseph Smith—it was written by Oliver Cowdery and introduced to a conference of the priesthood at Kirtland on 17 August 1835. Cowdery also wrote a statement of belief on government that has been retained in our current edition of the D&C as section 134. Both were sustained at the conference and included in the 1835 D&C, which was already at the press and ready to be published. Joseph Smith was preaching in Michigan at the time Oliver and W.W. Phelps introduced these two articles to the conference; it is not known if he approved of their addition to the D&C at the time, although he did retain them in the 1844 Nauvoo edition, which argues that he was not opposed to them. (Phelps read the article on marriage, while Cowdery read the one on government.) [2]

Some have suggested that the manner in which the conference was called suggests that Joseph was not the instigator of it, since it seems to have been done quite quickly, with relatively few high church leaders in attendance:

The General Assembly, which may have been announced on only twenty-four hours' notice, was held Monday, August 17[, 1835]. Its spur-of-the-moment nature is demonstrated by observing that a puzzling majority of Church leaders were absent. Missing from the meeting were all of the Twelve Apostles, eight of the twelve Kirtland High Council members nine of the twelve Missouri High Council members, three of the seven Presidents of the Quorum of Seventy, Presiding Bishop Partridge, and...two of the three members of the First Presidency. [3]

However, there is also some evidence that an article on marriage was already anticipated, and cited four times in the new D&C's index, which was prepared under Joseph's direction and probably available prior to his departure. Thus, "if a disagreement existed, it was resolved before the Prophet left for Pontiac." [4]

Was Oliver Cowdery aware that some in the Church were practicing polygamy in 1835 at the time he authored the "Article on Marriage"?

Oliver Cowdery, the author of the 1835 "Article on Marriage," was aware that some in the Church were practicing polygamy at the time that the statement was published

On July 7, 1878, Joseph F. Smith discussed Oliver's awareness of polygamy at the time of this publication:

To put this matter more correctly before you, I here declare that the principle of plural marriage was not first revealed on the 12th day of July, 1843. It was written for the first time on that date, but it had been revealed to the Prophet many years before that, perhaps as early as 1832. About this time, or subsequently, Joseph, the Prophet, intrusted this fact to Oliver Cowdery; he abused the confidence imposed in him, and brought reproach upon himself, and thereby upon the church by "running before he was sent," and "taking liberties without license," so to speak, hence the publication, by O. Cowdery, about this time, of an article on marriage, which was carefully worded, and afterwards found its way into the Doctrine and Covenants without authority. This article explains itself to those who understand the facts, and is an indisputable evidence of the early existence of the knowledge of the principle of patriarchal marriage by the Prophet Joseph, and also by Oliver Cowdery. [5]

However, there continues to be debate about whether Oliver Cowdery knew about--or prematurely practiced--plural marriage in the 1830s. [6] Oliver would learn about the Fanny Alger marriage, but his reaction at the time seems to have been wholly negative.

The original D&C 101 article outlined the general practice of performing a Latter-day Saint wedding, explained LDS beliefs about the marriage relationship, and denied that the Saints were practicing polygamy.

Was the practice of polygamy general knowledge among Latter-day Saints in 1835 when the "Article on Marriage" was published?

Knowledge of the practice of polygamy among the Saints was limited prior to the 1840s

Some have argued that rumors of "polygamy" may already have been circulating as a result of the Prophet teaching the concept to some of his close associates. However, Brian Hales has argued that there are few if any extant attacks on Joseph or the Saints about polygamy prior to the 1840s:

...if the article was designed to neutralize reports about Joseph Smith and his alleged "crimes," polygamy would not have been included because that allegation was not made then nor at any other time during the Kirtland period according to any documentation currently available. In other words, assuming that the denial of polygamy in the "Marriage" article [of D&C 101] was specifically tied to rumors of Joseph Smith's behavior is problematic, unless other corroborating evidence can be located. [7]

Charges of polygamy or "free love" or having wives in common were often made against new or little-known religious or social groups

On the other hand, charges of polygamy or "free love" or having wives in common were often made against new or little-known religious or social groups. As Hales reports:

Some [nineteenth-century utopian societies] experimented with novel marital and sexual practices, which focused suspicion on all the groups....Accordingly, early Latter-day Saint efforts to live the law of consecration, even though it sustained traditional monogamy, were instantly misunderstood....

John L. Brooke...wrote: "Among the non-Mormons in Ohio there were suspicions that the community of property dictated in the 'Law of Consecration' included wives."...

It seems plausible, even likely, that beginning in 1831, some uninformed individuals assumed that the law of consecration included a community of wives as one of its tenets, even publishing such claims, although there is no indication that this is how the Mormons themselves interpreted the law of consecration. Understandably, Church leaders would actively seek to deny such untrue allegations in a document on marriage to be included in the 1835 Doctrine and Covenants. [8]

Gilbert Scharffs notes:

The original Section 101 (never claimed as a revelation but approved as a statement of belief) did state that monogamy was the practice of the Church at that time. The section was not written by Joseph Smith and was voted upon by members in his absence. Perhaps the section was intended to prevent members from getting involved with plural marriage until such a time as the practice would be authorized by the Lord Church-wide. When that became the fact, the current Section 132 replaced the old Section 101. [9]

Learn more about polygamy: 1835 Doctrine and Covenants

Source(s) of the criticism
Critical sources

Notes

  1. Doctrine and Covenants, 1835 edition, Section 101.
  2. History of the Church, 2:246–247. Volume 2 link
  3. Brian C. Hales, Joseph Smith's Polygamy Volume 1: History (Salt Lake City, Utah: Greg Kofford Books, 2013), 154.
  4. Hales, Joseph Smith's Polygamy Vol. 1, 173, see pp. 171–1731 for full details.
  5. Joseph F. Smith, Journal of Discourses 20:29.
  6. Hales, Joseph Smith's Polygamy Vol. 1, 156–158.
  7. Hales, Joseph Smith's Polygamy Vol. 1, 161–162.
  8. Hales, Joseph Smith's Polygamy Vol. 1, 166, 168.
  9. Gilbert Scharffs, "Marriage Is Ordained of God", The Truth About "The God Makers" off-site
Articles about Plural marriage
Doctrinal foundation of plural marriage
Introduction of plural marriage
Plural marriage in Utah
End of plural marriage

Articles about the Doctrine and Covenants

Why did the 1835 Doctrine and Covenants include a statement of marriage that denied the practice of polygamy at a time when some were actually practicing it?

Polygamy was not being taught to the general Church membership at that time

The Article on Marriage was printed in the 1835 D&C as section 101 and in the 1844 D&C as section 109. The portion of the Article on Marriage relevant to polygamy states:

Inasmuch as this church of Christ has been reproached with the crime of fornication, and polygamy: we declare that we believe, that one man should have one wife; and one woman, but one husband, except in case of death, when either is at liberty to marry again. [1]

This was true—the Church membership generally was not being taught plural marriage, and were not living it at that time.

The statement itself was not changed between the 1835 and 1844 editions of the D&C

In fact, the statement remained in the D&C until the 1876 edition, even though plural marriage had been taught to specific individuals since at least 1831, practiced in secret since 1836, and practiced openly since 1852. The matter of not removing it in 1852 was simply due to the fact that a new edition of the D&C was not published until 1876.

The available evidence suggests that Joseph Smith supported its publication

While some have suggested that the article was published against Joseph's wishes or without his knowledge, the available evidence suggests that he supported its publication. It was likely included to counter the perception that the Mormon's practice of communal property (the "law of consecration") included a community of wives.

The statement was not a revelation given to Joseph Smith - it was written by Oliver Cowdery

This statement was not a revelation given to Joseph Smith—it was written by Oliver Cowdery and introduced to a conference of the priesthood at Kirtland on 17 August 1835. Cowdery also wrote a statement of belief on government that has been retained in our current edition of the D&C as section 134. Both were sustained at the conference and included in the 1835 D&C, which was already at the press and ready to be published. Joseph Smith was preaching in Michigan at the time Oliver and W.W. Phelps introduced these two articles to the conference; it is not known if he approved of their addition to the D&C at the time, although he did retain them in the 1844 Nauvoo edition, which argues that he was not opposed to them. (Phelps read the article on marriage, while Cowdery read the one on government.) [2]

Some have suggested that the manner in which the conference was called suggests that Joseph was not the instigator of it, since it seems to have been done quite quickly, with relatively few high church leaders in attendance:

The General Assembly, which may have been announced on only twenty-four hours' notice, was held Monday, August 17[, 1835]. Its spur-of-the-moment nature is demonstrated by observing that a puzzling majority of Church leaders were absent. Missing from the meeting were all of the Twelve Apostles, eight of the twelve Kirtland High Council members nine of the twelve Missouri High Council members, three of the seven Presidents of the Quorum of Seventy, Presiding Bishop Partridge, and...two of the three members of the First Presidency. [3]

However, there is also some evidence that an article on marriage was already anticipated, and cited four times in the new D&C's index, which was prepared under Joseph's direction and probably available prior to his departure. Thus, "if a disagreement existed, it was resolved before the Prophet left for Pontiac." [4]

Was Oliver Cowdery aware that some in the Church were practicing polygamy in 1835 at the time he authored the "Article on Marriage"?

Oliver Cowdery, the author of the 1835 "Article on Marriage," was aware that some in the Church were practicing polygamy at the time that the statement was published

On July 7, 1878, Joseph F. Smith discussed Oliver's awareness of polygamy at the time of this publication:

To put this matter more correctly before you, I here declare that the principle of plural marriage was not first revealed on the 12th day of July, 1843. It was written for the first time on that date, but it had been revealed to the Prophet many years before that, perhaps as early as 1832. About this time, or subsequently, Joseph, the Prophet, intrusted this fact to Oliver Cowdery; he abused the confidence imposed in him, and brought reproach upon himself, and thereby upon the church by "running before he was sent," and "taking liberties without license," so to speak, hence the publication, by O. Cowdery, about this time, of an article on marriage, which was carefully worded, and afterwards found its way into the Doctrine and Covenants without authority. This article explains itself to those who understand the facts, and is an indisputable evidence of the early existence of the knowledge of the principle of patriarchal marriage by the Prophet Joseph, and also by Oliver Cowdery. [5]

However, there continues to be debate about whether Oliver Cowdery knew about--or prematurely practiced--plural marriage in the 1830s. [6] Oliver would learn about the Fanny Alger marriage, but his reaction at the time seems to have been wholly negative.

The original D&C 101 article outlined the general practice of performing a Latter-day Saint wedding, explained LDS beliefs about the marriage relationship, and denied that the Saints were practicing polygamy.

Was the practice of polygamy general knowledge among Latter-day Saints in 1835 when the "Article on Marriage" was published?

Knowledge of the practice of polygamy among the Saints was limited prior to the 1840s

Some have argued that rumors of "polygamy" may already have been circulating as a result of the Prophet teaching the concept to some of his close associates. However, Brian Hales has argued that there are few if any extant attacks on Joseph or the Saints about polygamy prior to the 1840s:

...if the article was designed to neutralize reports about Joseph Smith and his alleged "crimes," polygamy would not have been included because that allegation was not made then nor at any other time during the Kirtland period according to any documentation currently available. In other words, assuming that the denial of polygamy in the "Marriage" article [of D&C 101] was specifically tied to rumors of Joseph Smith's behavior is problematic, unless other corroborating evidence can be located. [7]

Charges of polygamy or "free love" or having wives in common were often made against new or little-known religious or social groups

On the other hand, charges of polygamy or "free love" or having wives in common were often made against new or little-known religious or social groups. As Hales reports:

Some [nineteenth-century utopian societies] experimented with novel marital and sexual practices, which focused suspicion on all the groups....Accordingly, early Latter-day Saint efforts to live the law of consecration, even though it sustained traditional monogamy, were instantly misunderstood....

John L. Brooke...wrote: "Among the non-Mormons in Ohio there were suspicions that the community of property dictated in the 'Law of Consecration' included wives."...

It seems plausible, even likely, that beginning in 1831, some uninformed individuals assumed that the law of consecration included a community of wives as one of its tenets, even publishing such claims, although there is no indication that this is how the Mormons themselves interpreted the law of consecration. Understandably, Church leaders would actively seek to deny such untrue allegations in a document on marriage to be included in the 1835 Doctrine and Covenants. [8]

Gilbert Scharffs notes:

The original Section 101 (never claimed as a revelation but approved as a statement of belief) did state that monogamy was the practice of the Church at that time. The section was not written by Joseph Smith and was voted upon by members in his absence. Perhaps the section was intended to prevent members from getting involved with plural marriage until such a time as the practice would be authorized by the Lord Church-wide. When that became the fact, the current Section 132 replaced the old Section 101. [9]

Learn more about polygamy: 1835 Doctrine and Covenants

Source(s) of the criticism
Critical sources

Notes

  1. Doctrine and Covenants, 1835 edition, Section 101.
  2. History of the Church, 2:246–247. Volume 2 link
  3. Brian C. Hales, Joseph Smith's Polygamy Volume 1: History (Salt Lake City, Utah: Greg Kofford Books, 2013), 154.
  4. Hales, Joseph Smith's Polygamy Vol. 1, 173, see pp. 171–1731 for full details.
  5. Joseph F. Smith, Journal of Discourses 20:29.
  6. Hales, Joseph Smith's Polygamy Vol. 1, 156–158.
  7. Hales, Joseph Smith's Polygamy Vol. 1, 161–162.
  8. Hales, Joseph Smith's Polygamy Vol. 1, 166, 168.
  9. Gilbert Scharffs, "Marriage Is Ordained of God", The Truth About "The God Makers" off-site

60

Claim
Scriptural resolution in D&C against polygamy Phelps/Cowdery “became a scriptural revelation in the Doctrine and Covenants.” This remained until removed in 1876 and replaced by Section 132.


Response


61

Claim
Smith conducted marriage for Newell Knight against law, since the woman was not yet divorced from her non-Mormon husband. Smith said "Gentile law has no power to call me to account for it."

Author's source(s)

Response

  •  The author's claim is false: No law was broken, and marriage certificates were issued by the state of Ohio; no license was required.
  • Any religious leader had a right to perform marriages in Ohio.
  • For a detailed response, see: Ohio marriages illegal?
  • This claim is also made in One Nation Under Gods: p. 129, 529n14-15


61

Claim
His youngest bride, in some ways typical, was fourteen-year-old Helen Mar Kimball.

Author's source(s)

Response


62

Claim
Helen had not grasped that marriage in time would eventually have a sexual component.

Author's source(s)

Response


66

Claim
The Book of Mormon was "conventionally monogamous:" "Behold, David and Solomon truly had many wives and concubines, which thing was abominable before me, Saith the Lord…Hearken to the word of the Lord: For there shall not any man among you have save it be one wife; and concubines he shall have none" (Jacob 2:24, 27)

Author's source(s)

Response


67

Claim
Swedenborg taught “spiritual wifery” in marriage for eternity. Swedenborg was discussed in Smith’s hometown newspaper.

Author's source(s)

Response


67

Claim
1842 declaration of monogamy in the Times and Seasons was signed by Emma and two of Smith’s wives Eliza Snow and Sarah Cleveland.


Response

  • Newell and Avery, Mormon Enigma, pp. 128-129.


Chapter 7: Mormons, Inc.

115

Claim
 Author's quote: "Outsider's money estimates always raise disclaimers from officialdom, presumably because of the danger that fat-looking figures might weaken members' tithing compliance."

Author's source(s)

  • Author's opinion

Response

  • This is a non sequitur and essentially claims to mind-read. The authors appear to have no idea why Latter-day Saints actually pay tithing.


Chapter 10: Families Forever

160

Claim
The author's claim that LDS believe that even God himself is married.

Author's source(s)

  • No source given

Response


161

Claim
Couples are "sealed forever" through secret ritual in a Mormon temple.


Response


Chapter 19: Are Mormons Christian? Are Non-Mormons Christian?

320

Claim
The people of the New World were visited by the "Mormon Jesus."


Response


Dissenters and Exiles

352

Claim
 Author's quote: "The church has often swatted down intellectuals individually"

Author's source(s)

  • Quote by Lavina Fielding Anderson

Response


354 - The Church operates a clipping service called the "Strengthening Church Members Committee" to monitor individual members

The author(s) of Mormon America: The Power and the Promise make(s) the following claim:

The Church operates a clipping service called the "Strengthening Church Members Committee" to monitor individual members, which Lavina Fielding Anderson refers to as "an internal espionage system."

Author's sources: Lavina Fielding Anderson

FAIR's Response

Question: What is the Strengthening Church Members Committee?

The SCMC was originally created as a "clipping service"

The Strengthening Church Members Committee has been described as a "clipping service" which kept track of public statements by Church members who openly criticized the Church in the media. Some have accused the committee of hunting down and exposing historians and intellectuals in order to subject them to Church discipline.

Although a "clipping service" probably made sense back in 1985, in the internet-rich world of the present, it seems somewhat anachronistic. Anyone with Internet access can likely find any information more quickly than it could have been "clipped" from newspapers in 1985.

The following is from the Church News, August 22, 1992 off-site

First Presidency statement cites scriptural mandate for Church committee

Generally, The Church of Jesus Christ of Latter-day Saints does not respond to criticism levied against its work. But in light of extensive publicity recently given to false accusations of so-called secret Church committees and files, the First Presidency has issued the following statement:

"The Church of Jesus Christ of Latter-day Saints was established in 1830 following the appearance of God the Father and Jesus Christ to the Prophet Joseph Smith in upstate New York. This sacred event heralded the onset of the promised `restitution of all things.' Many instructions were subsequently given to the Prophet including Section 123 of the Doctrine and Covenants:" `And again, we would suggest for your consideration the propriety of all the saints gathering up a knowledge of all the facts, and sufferings and abuses put upon them. . . .

" `And also of all the property and amount of damages which they have sustained, both of character and personal injuries. . . .

" `And also the names of all persons that have had a hand in their oppressions, as far as they can get hold of them and find them out.

" `And perhaps a committee can be appointed to find out these things, and to take statements and affidavits; and also to gather up the libelous publications that are afloat;

" `And all that are in the magazines, and in the encyclopedias, and all the libelous histories that are published. . . . (Verses 1-5.)'

"Leaders and members of the Church strive to implement commandments of the Lord including this direction received in 1839. Because the Church has a non-professional clergy, its stake presidents and bishops have varied backgrounds and training. In order to assist their members who have questions, these local leaders often request information from General Authorities of the Church.

"The Strengthening Church Members Committee was appointed by the First Presidency to help fulfill this need and to comply with the cited section of the Doctrine and Covenants. This committee serves as a resource to priesthood leaders throughout the world who may desire assistance on a wide variety of topics. It is a General Authority committee, currently comprised of Elder James E. Faust and Elder Russell M. Nelson of the Quorum of the Twelve Apostles. They work through established priesthood channels, and neither impose nor direct Church disciplinary action.

"Members who have questions concerning Church doctrine, policies, or procedures have been counseled to discuss those concerns confidentially with their local leaders. These leaders are deeply aware of their obligation to counsel members wisely in the spirit of love, in order to strengthen their faith in the Lord and in His great latter-day work."

- The First Presidency


354

Claim
The LDS system of internal discipline "operates more like a small cult than a major denomination."

Author's source(s)

  • Author's opinion

Response


354

Claim
The LDS Church penalizes members for "merely criticizing officialdom or for publishing truthful—if uncomfortable—information," and "shroud their procedures with secrecy."


Response


354

Claim
The LDS Church prosecutes "many more of its members" than other religious groups.


Response



Notes