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Joseph Smith

RiseUp Podcast – Polygamy and Joseph Smith

September 11, 2014 by NickGalieti

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Joseph_Smith_first_vision_stained_glassDr. Greg L Smith practices medicine near his home in Canada. Aside from medicine, Brother Smith studies the history and doctrine of polygamy. If you have questions, Greg Smith has answers.

Did Joseph Smith Practice Polygamy or Plural Marriage?
Did he marry other men’s wives?
Did he marry under age girls?
Did he force women to marry him?
These questions and more are answered in this episode of RiseUp.

RiseUp is a podcast for young adults in Seminary and Institute who are looking for answers to difficult or critical questions about the LDS (Mormon) Church, and the courage to share those answers with others.

Filed Under: Podcast, RiseUp Tagged With: Joseph Smith, Polygamy

Article of Faith 11: Neal Rappleye – “War of Words and Tumult of Opinions”: The Battle for Joseph Smith’s Words in Book of Mormon Geography

July 28, 2014 by NickGalieti

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Neal Rappleye is a student at Utah Valley University working toward a BA in History with a minor in Political Science. He is a volunteer with FairMormon, an Editorial Consultant with Interpreter: A Journal of Mormon Scripture, and co-recipient of the 2013 John Taylor Defender of the Faith Award. His main research interests are the foundational events in early Latter-day Saint history and the ancient origins of the Book of Mormon. He blogs about Latter-day Saint topics at http://www.studioetquoquefide.com/

Here is a link to Neal Rappleye’s article in the Interpreter, click here.

Some of the questions addressed in this podcast:

Why does the geographic location of the Book of Mormon matter?

 

Book of Mormon geography. One of the few issues where it seems that there is as much disagreement or discord inside the church as there is outside. In fact, there is a quote that is found in the preface of the book by Thomas Stewart Fergson’s book entitled Cumorah Where? I am paraphrasing Elder John Widtsoe, “If we misconstrue geography of the Book of Mormon we may make an entirely consistent record, appear inconsistent with itself. Worthwhile persons may be dissuaded by our own errors.” Is Elder Widtsoe’s warning coming to pass?

 

Your article in The Interpreter addresses Book of Mormon geography, but not necessarily in the advancement of a particular theory, but rather deals with the review of John Lund’s works, even more specifically it deals with the contrast and rebuttal to the assertions of Rod Meldrum and his F.I.R.M. Foundation with their theory of the Heartland of America as the location of Book of Mormon events. I found myself wondering as I read the article, is this more a commentary on John Lund’s work, or an attack on Meldrum? I would love it if you would correct me on this issue. How would you describe your article?

 

Let’s get to some of the core arguments that have been put out there, or at least some of the one’s being disputed.

 

Prophetic Priority and Geographic Priority. What are these two methods with regards to Book of Mormon Geography and how are they in conflict with each other?

 

What were some of Lund’s conclusions that you disagreed with? Agreed with?

 

You gave a quote, from Matthew Roper who did some research for the Maxwell Institute regarding similar claims upon Joseph Smith’s authority. The quote concludes, “The preponderance of evidence does not support the claim that Joseph Smith’s revelations included details about Book of Mormon geography, but rather suggest that this, as with many other questions, was an issue in which Joseph Smith, as time allowed him to give it attention, followed the dictates of his own judgement and expressed his own opinion.” How does one come to that conclusion? How do we know what was revelation and what was Joseph just going through research of the day?

 

Stylometrics becomes another one of those interesting points where it seems to be a litmus test of your views on Book of Mormon Geography. Could you explain what Sylometrics are and how both sides of this issue have used it with regard to this issue?

 

Neal Rapplye is the author of the article “War of Words and Tumult of Opinions”: The Battle for Joseph Smith’s Words in Book of Mormon Geography found in the Interpreter at MormonInterpreter.com

Filed Under: Hosts, Nick Galieti, Podcast Tagged With: Book of Mormon Geography, Joseph Smith

A Review of Alex Beam’s Treatment of Polygamy

June 20, 2014 by FAIR Staff

brian-hales*Cross posted from Mormon History Guy.

By Brian C. Hales

On June 5, 2014, I downloaded the Kindle version of Alex Beam’s American Crucifixion and reviewed Chapter 5, “Polygamy and Its Discontents.” I immediately identified a few weaknesses of the chapter including the predominant use of secondary sources, quoting of problematic evidences apparently without checking their reliability, ignoring of historical data that contradicts his position, promotion of narrow and often extreme interpretations of available documents, and going beyond the evidence in constructing conclusions.

Two days later in San Antonio, Texas, at the Mormon History Association’s annual meeting, Mr. Beam presented a thoughtful essay and then fielded questions from the audience. As near as I can recall, I took the opportunity to pose the following question: “I’m not trying to put you on the spot but about three-fourths of your sources are secondary. Were you concerned you might be criticized for this?” and I again added: “I’m not trying to put you on the spot.” At this, the audience laughed, and Alex was gracious in acknowledging he was aware of my books, but at that point in the research process, he was not inclined to read another three books on the subject because he was satisfied that he had sufficiently researched the topic. In Alex’s defense, my three volumes (Joseph Smith’s Polygamy: History and Theology with over 1500 pages) were released about the time he had probably just finished his final draft. Few authors would hold up such a project in order to integrate the contents of a new book that dealt with the subject of only one of the chapters. [Read more…] about A Review of Alex Beam’s Treatment of Polygamy

Filed Under: Polygamy Tagged With: Brian Hales, Joseph Smith, Polygamy

Putting Together an Awful Story

May 21, 2014 by Stephen Smoot

picard-facepalm2An anonymous author* writing at the MorningStar Post blog “had an awful time putting [a] story together” on “the number of Latter Day Saints [sic] that are actually considered active,” and that Mormons are, per the title of the post, allegedly “leaving their religion in record numbers around the world.” (Link) What is the cause of this dire situation for the Church, and why was it so awful for the author to write on it? According to the article, which quotes an unnamed “high-ranking leader in Salt Lake City,” it is because “of unprecedented scrutiny of our doctrines and beliefs and stemming from the white washing of our own history, and the rise of social media sites where members and potential converts can learn of our hidden problems.”

This claim has been made before on many websites critical of The Church of Jesus Christ of Latter-day Saints. It is a common trope for critics to say that the Church is nearing extinction because of the supposedly damning real history of Mormonism it has been hiding from its unsuspecting members. Instead of revisiting these claims in general, I want to focus specifically on the content of the blog post published by the MorningStar Post. To put it bluntly, and very charitably, the article is highly problematic. The author’s use of anonymous sources is extremely questionable, and both factual errors and blatant plagiarism also plague the article. In short, the article makes totally dubious and unsubstantiated claims about both LDS Church hierarchy and Mormon history. [Read more…] about Putting Together an Awful Story

Filed Under: Anti-Mormon critics Tagged With: Faith Crisis, Gospel topics, Joseph Smith, magic, Marlin K. Jensen, Mormon history, seer stones, Steven E. Snow

Brian C. Hales Interview – Articles of Faith Show

May 5, 2014 by NickGalieti

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Brian C Hales – Dissenters: Portraying the Church As Wrong So They Can Be Right Without It

Brian C. Hales is a board-certified anesthesiologist in Layton, Utah. He graduated from Utah State University with a B.S. in biology and from the University of Utah, College of Medicine.

He authored Setting the Record Straight: Mormon Fundamentalism (2008) and The Priesthood of Modern Polygamy: An LDS Perspective (1992). Hales has published articles in Mormon Historical Studies, Dialogue: A Journal of Mormon Thought, and the Journal of Mormon History. Brian Hales is also webmaster of www.MormonFundamentalism.com and www.JosephSmithsPolygamy.com.

Brian has also served as president of the Utah Medical Association and as president of the Medical Staff at Davis Hospital and Medical Center. He is the father of four adult children and author of the 3 volume set, Joseph Smith’s Polygamy.

 

Filed Under: Apologetics, Articles of Faith, Hosts, Joseph Smith, LDS History, Nick Galieti, Podcast, Polygamy, Women Tagged With: Joseph Smith, LDS Church History, Ordain Women, Plural Marriage, Polygamy

Joseph Smith’s First Vision Accounts: More Mormon Church Suppression and Cover-Up

May 9, 2012 by Stephen Smoot

The Church is at it again. The different accounts of Joseph Smith’s First Vision, which the Church has been sneaky enough to hide in places like the Ensign and BYU Studies, continues to be suppressed and hid from unsuspecting Church members. The damning contradictions in the Prophet’s different accounts are, in fact, so damaging that the Church thought it wise to talk about them only in a place so obscure and so concealed that nobody would be able to find it without any serious effort. I am speaking, of course, about YouTube. After all, nobody watches the Mormon Messages videos produced by the Church. What better place to hide this information from Church members than in a place that certainly has never been talked about in an official Church magazine or website?

But enough talk. Let’s take a look at the video itself:
[Read more…] about Joseph Smith’s First Vision Accounts: More Mormon Church Suppression and Cover-Up

Filed Under: Anti-Mormon critics, Apologetics, Joseph Smith, LDS History Tagged With: censorship, Church History, First Vision, Joseph Smith, Mark Ashurst-McGee, Mormon Messages

The Gift and Power: Translating the Book of Mormon

Brant Gardner

I confess that I have been more afraid of doing this than I have any other presentation I have done and that’s because we’re talking about topics where you tend not to talk about we get someone embarrassed about the church we can talk about seer stones today. We don’t like to talk about seer stones. We like to talk about the Urim and Thummim and there is a good reason of why we talk about the Urim and Thummim but we try not to call the Urim and Thummim a seer stone it can sound so much more elegant if we call it the Urim and Thummim. So that’s kind of the problem and the basis that we are looking at.

What I want to talk about is the process of translating the Book of Mormon. Brother Brown started that process for us this morning and I was kind of encouraged by some of the questions because some of the questions that were asked of him are some of the ones that I really like to try and answer and that of course makes me nervous because what we really want to see if we can do is talk about how seer stones work and how you would translate with one and believe it or not we’re going to come up with the theory of how that’s going to work.

First what I am not talking about. Kind of have to being with that because as Scott had mentioned we had for a little while a book for sale out there and it’s becoming again at some point in time so this is a topic that I have written book about and there is no way that in this amount of time we’re going to be able to talk about everything that we try to cover in the book, so there is certain things that you can’t cover, one of the things that I didn’t put on the slide that is however very important. One of the things that I couldn’t cover the book and I am not going to cover now is a very important preliminary question to this entire issue of how was the Book of Mormon translated and that is that the question of how the Book of Mormon was translated is completely moot unless it was translated.

So the very first issue that we really ought to know about is can we say that the Book of Mormon was translated and neither here nor there in the book, well I actually address that. I start off in the book and I said no we’re just going to take that as given, so you have to take that as given right now. Now I will also tell you that it’s a given based on information that I have already researched and I have my reasons for having the security of knowing that the Book of Mormon is a translated ancient document. So I have seen the evidence it just not what we are going to talk about now. Now that we have a book that’s a translation what do we do with it? Well the kinds of things we are not going to do with it is I am not going to talk about the stories of translation. There is a lot of interesting things there, how is it that the seer stones became a Urim and Thummim, those are things that I am looking at in the book but again we are in a short period of time, we got to get to the fun stuff.

The next one I don’t want to spend too much time on but I do have to mention a little bit is what kind of translation was it. So we have the question of is it a translation that we are going to table for the moment but then the question becomes what kind of translation. For those of you read anything that people have talked about the nature of the translation of the Book of Mormon, there is all kinds of theories of what the relationship of our English text might have been to the text on the gold plates. One of the concepts is that it’s a literal word for word, very, very close translation.

For those of you familiar with work the Royal Skousen’s done, this is probably closest to what he would call an ironclad type, well actually it’s kind of back from that. He has this concept of an “ironclad translation” this is just absolutely dictated and absolutely controlled and he said that the evidence shows that’s not there. I would call that an inerrant translation and totally agree with him that the evidence is that we don’t have an inerrant, perfect, God-breathed translation, something else happened. What I found is as I was looking through the definitions of what kind of translation it might be I found that the scheme of that Skousen that come up with wasn’t particularly useful because what he defined as a “tight translation” that I would probably say is literal. His actual definition talked about the dictation not the translation and we really want to get to the translation. I want to talk about the relationship between the text in English to the text on the plates, not the text that Joseph spoke.

So what I am looking at is three different ways of translating that are all legitimately used modes of translation, each of which moves slightly farther away from its sourced text. So the literal one is the one that comes the closet to the source text. The functional translation is one that says I am following the text but the vocabulary will be slightly different and modify, the syntax might be modified so that somebody else would understand it. But in general that’s going to follow very closely without being a word for word literal translation.

And the last one a conceptual translation is one where you say, for instance, an idiom. I have to translate this idiom. What does it mean to be in hot water? If I translate that literally I am going to get it wrong. So I have to translate it in some way that conveys the information even though I am getting farther away from the words. And in some areas of a conceptual translation that might even drift a little bit farther away.

When I first started looking at the evidence to try and tell me what kind of translation we had in the Book of Mormon. My operating assumption based on everything that I had seen before was that I was pretty convinced from what I had seen that it was a functional translation. I started looking back through the data again and I started finding some things that told me it just wasn’t that simple. And you’ve heard brother Ricks talk about the names and the fact the names are authentic ancient names.  You know I have to agree with him. He is right. Not because I did the research, they did it and they showed it to me and I said “you guys are right”, those are authentic ancient names. That is not a functional translation. That one is pretty literal. And it’s literal and the connections are such that it’s non random so it’s not one where I could say you know it just so happened you came up with a word that was similar.

Linguists will tell you that there are about a 5% similarity between any two languages that are totally unrelated, where you could find a word in one language and a word in another language that really look the same and might even have the same meaning and the languages aren’t related at all. It just pure happen stance. There is only so many syllables we can pronounce and every once in a while somebody is going to put them together if you get enough languages together.

So one of the options might have been to say that some of these names were pure happenstance there is too many of them, the correlations are too tight. So for names there really is evidence, there is a literal translation. However it’s still the majority of the translation that the evidence that I have seen tells me that it’s more functional rather than literal. What that means is it’s going to follow the plate text but the vocabulary will be different. And one of the things we have to do as we start looking at how the book was translated is to come up with some sort of a theory that will say here is how was translated and here is why names are translated literally. Other things are functional and I’ve got at least two incidences where I think there is some conceptual translation of the Book of Mormon and I think we can talk about what triggered those and how those occurred as well.

All right. Let’s go into the more interesting stuff. What we really do want to talk about are those two questions. How do seer stones work and how do you translate with one? I have been in several conversations with people and I am sure you’ve asked yourself the same kind of thing. Do seer stones work? Really hard question to answer because unfortunately it’s the wrong question. Okay. Do seer stones work? If I really have to answer that question I have to say no, seer stones don’t work.

A seer stone is a rock. We have seer stones. The church still has them, I’ve seen them. At one point in time I remember going on the temple square and going through the museum there and I saw one and I looked at it and I saw a rock. I didn’t see the translation, I didn’t see anything else I saw a rock. I can pretty much guarantee you that the vast majority of us as we would look at that rock would see, a rock. That does not mean that something isn’t working because they were looking at the rock and that’s what we have to look at. What we will be looking at is the idea that this whole concept of the seer stone working “It’s the seer that’s working,” and it’s stone that becomes the trigger that allows the seer to do what the seer does. So that’s kind of step one and we will talk about how that happens.

Step two is once you know how a seer stone works, that isn’t necessarily telling us how you translate with one and so that’s the next question is how do you translate with the seer stone. All right. How do you see in a stone? I won’t read this one, you can read it. This is from a modern seer, a modern scryer. This is from a guy who actually wrote a book on how to see, how to scrye. That’s the word the people use for people who look in crystal balls or seer stones or any number of things. And as you can see there is a number of places where this particular quotation corresponds a lot to what we get for the descriptions of how Joseph Smith used the seer stone. He put them at the crown of his hat and stuck his head down in there.

Now for those people who think that he might have been reading something like a manuscript that he was hiding in the crown of his hat, how much light did he need? If you are putting your head down in the hat the purpose of that is to cut out light. I am going to have a real hard time seeing anything and the older I get the harder it’s getting for me to see if there isn’t enough light. So I am not getting light into my eyes, I am not seeing something and here is the secret of seer stones. Seer stones are used in ways that make it so you should not be able to see a thing. They create a contradiction in that the person explains what they are seeing at a time when they should not be able to see. And that happens with all of the instruments that they use for Scrying. So what you do with the seer stone? You stick in the hat. That wasn’t only way Joseph used it.

Another way that Joseph used it that we have a record he held it up to a candle. Think about what happens when you hold a seer stone up to a candle. You have this black dot in the middle and the corona of the light on the outside and you’re disrupting your vision. The Romans used to have a sword and they take the sword, the polished blade of the sword and they glint the sun of it and stare at the glint of the sun. Okay that blinds you. So you are not going to see correctly.

The ancient Americans used polished obsidian. They would have concave mirrors and would use polished obsidian. First of all you would see something in it but if it’s concave again something is disrupted there and so all though they were used as mirrors there is something else going on with the reflection that they are seeing. In the Salem witch trial they all began because there were girls who were trying to find out who they were going to marry and one of the ways is to do that was to see them by dropping an egg white into a glass of water. You stare through it and now that’s going to mess up your vision, so everything about seer stones says you are messing up your vision. Okay. Everything about seer stones also tells you that the seer saw. So now we’ve got a problem how do you see when you can’t see.

If we’re going to understand how seer stones work we have to understand a little bit about how the brain operates because these things are happening in a very human brain. Every prophet that I am aware of has been human no matter how divinely touched, no matter how extra and extraordinarily human they might have been. They had a brain and that brain functions in certain ways and in certain cases probably in ways that are slightly different but very similar to our own. One of the important things about vision is that we have to understand that vision does not occur in the eyes, vision occurs in the brain. Although light comes into the eyes we only see what is transmitted to the brain, and is only a very small part of the data that actually comes in through the eyes. Not only that but the brain is creating vision.

For those of you who know something about the optic nerve, at the very back of the eye you have an optic nerve and that optic bundle comes in and attaches to the back of the retina and it creates a blind spot where we cannot see anything. How many of you know exactly where your blind spot is and see it all the time? Nobody. That’s because the brain fills it in, the brain knows how to generate vision so that we see in a place in the brain where technically we can’t see. So the brain is capable of generating the image. We do not see because light takes a picture and somebody inside our brain looks at the picture. The brain creates the vision, sometimes we see less than what’s there.

There is a wonderful story about a group of psychologists that got together and they went in and took this test and they are all competing with each other to see who is going to do the best and so real simple one. They said what we want you to do is I want this group of people to account these three players in black as they pass the basketball around and I want you guys to watch the guys in white as they pass this basketball around and I want you to count how many times they pass the basketball.

So they go through this whole process and they finish it up and everybody is comparing and somebody is one off and they said at the end of this okay now “how many of you saw the gorilla?” And they said “what you mean.” Nobody saw a gorilla. So they played back the tape and in the middle of it the guy walks out in the gorilla suit stands there for one second, beats on his chest and walks off and nobody saw him. Because our brain interprets the information coming in and it saw that irrelevance that “you don’t need that I won’t show it to you.” How does that happen when you are seeing in the brain?

There are certain people that have a brain structure that sees a little bit differently than many of us do. They can see in pictures, I am not one of them. They have what they call an eidetic memory, some people have called a photographic memory and that’s not correct, that’s not what it means. But it does mean that people are able to have and hold in their mind a very detailed picture of something so that when they recall it they can bring up the picture and describe it. And they talk about these people saying when they describe this mental picture that they are seeing that their eyes will move like they are scanning the picture but it’s not there. One of the descriptions of one the man who had this capability, who had this fantastic memory and I am not suggesting the memory part but I am talking about the visual part.

Years able he was able to tell people, out of this grid of numbers, he could give the list down, across, diagonally. Somebody had written it down and tested them a couple of years later. Except for a number or two that were poorly written he got them all right and they said well how did you do that and he said simple I just call up the blackboard, I can see it and I read it off.  Now most of us can’t do that, but there are some people whose visual memory is sufficient that they can see a picture and they can read it. What I am suggesting is that when Joseph Smith uses a seer stone his vision is occluded but he sees in his brain a picture that allows him to describe it in detail that is much more vivid than the rest of us could. Anytime in the pre scientific world when they don’t know how he does this would say that the seer stones made it happen.

Close your eyes and I think you’ve had a pet cat or a pet dog, take a look at the back of your eyeballs and kind of figure out where the spots are, what kind of shape the ears were. Can you do that? The answer is, sure we all can. We can call up an image that we can look at and it’s not particularly vivid in many cases but if somebody says “what shape beagles ears?” You call up the picture of a beagle and start looking at it and then describe it. Okay. So we take this memory of things that we have seen and we store it and we can reverse the process and create a picture when there is nothing coming into our eyes, so the brain can generate an image.

How many of you dreamed last night? Yeah we all do but remembered it or not, right. In your dreams how many of you actually saw action happening. Now some people are good they can dream in color. I have no idea whether I dream in color or not because I am partially color blind, I don’t even seen in color but what happens is you see things happening, I see stories occurring. My eyes are pretty closed about that time but I am seeing something because vision occurs in the brain. So once we know that you can you reverse that process and instead of light coming into the eyes to generate vision we can have something in the brain that will generate vision that we can see when we cannot see, that’s how seer stones work. They all work on the principle that everybody knows who sees that process that you can’t see through your eyes. So what you are describing and seeing has to come through some other means and depending on what culture you are in and when you are there they’ll have different explanation for how that happens. It was the gods, the spirits, it’s something extra and that mechanism is what starts the process for understanding how Joseph is going to use the seer stone.

Now we have had people who have been scrying and using these methods for thousands of years in every culture around the world. This idea that you would see in a stone or see in a blade or see in a blot of ink or a polished thumbnail, all of those things are recorded and they happen in multiple cultures and people know they see these things. It’s not going to be that widespread if it doesn’t happen. This is human nature we’re talking about.

Now we can also know that it’s not normal because people see these and they know that they can’t do it but somebody else does. So that process is there. Regardless of that, none of them have translated the Book of Mormon, just one. If you take away Mosiah translating the plates we have only Joseph Smith whoever translated with that method. Go to Mosiah we got two. So if nobody else has translated how do you translate?

Now we have to talk about language. Where does language come from? One of the questions that was asked earlier of Brother Brown is can you think without language? Amazingly we have a hard time understanding that we can think without language. The problem is we all do, we all think prior to language. One of the things that Steven Pinker that I am quoting up here mention he said “everyone of us have had the experience of saying oh that wasn’t what I meant to say, we’ve said something but whatever came out of mouth wasn’t what we intended.” Which means that there has to be a meant to say before it meant and it just come out of our mouth and I would suggest that in many cases there is meaning that occurs prior to the time that we can express it.

Think of the number of times that people have had spiritual experiences and they know they’ve had them and the burning has been there and it’s been filling their soul and they try to explain it and words fail. That doesn’t mean they didn’t experience it, that doesn’t mean it wasn’t real. It means that there is comprehension and understanding that surpasses language and they haven’t been able to translate it. So we have something that occurs before language is generated and in his terms Pinker calls it “mentalese” say this is how we think, we think in this pre language subset.

Now one of the other things that’s fascinating is that as you see how the brain works that a lot of what we think occurs below the level of consciousness. So that what will happen is somebody will say, “what was the word for that?” And you go “if you hadn’t asked, I would have known. I know the answer to that, come back at about an hour or two and it will come.” And then what happens as you forget about it and a hour or two later all of a sudden you remember. Everybody has done this. That’s because the brain keeps working on this thing in the background and doesn’t tell us about it. It just keeps going, figures it out, puts everything together and goes up to the top and it says Eureka I’ve got it! Because there are all kinds of things that occur prior to the level that we are conscious of them and one of things he is talking about here is this idea of priming and they found out that there are people that will actually recognize sentences that they have not read because they contain words or concepts that they have read.

So we have a brain that is designed to interact with language and produces language but language is not its native storage mechanism, it generates language. Put those things together, how is Joseph Smith ever going to translate? How many of you have been reasonably fluent in more than one language? We should get a whole bunch of foreign missionaries here and a whole bunch of other people that have done it. Now how many of you who are not reasonably fluent with another language have struggled with the dictionary to translate. Okay. For those of you who are reasonably fluent and have trouble struggle with the dictionary you know the difference between those two.

If I am struggling with the dictionary I really don’t know that language and I am dealing with it on a word by word basis, if I know the language I am not even thinking about. I remember one time when I was on a mission they asked me to translate for this one sister we had she was French and our zone conference were in English. And so I was supposed to translate the English into Spanish so that she could hear it in Spanish so that if she needed it she might translate in French which she knew Spanish well enough so she didn’t have to go through that process. But you know when you are translating something live you don’t have a time to think and so that word is this word and I should do it this way and you are concentrating on getting the information across. That’s called translation, but it isn’t translation where you say this word is that word.

Something occurs in your brain that is located in the concept of meaning and you take that meaning and express it in language. How did Joseph Smith translate? First of all did he translate? That’s the question I say we had to pause it because there is no way to demonstrate that other than to take The Book of Mormon and go through it and say is that an authentic ancient record? The answer, I believe, is yes. So therefore he translated. How did he do it? Where do all this information come from.

The only explanation I can give you is the God gave it to him in pure understanding, and that pure understanding goes into his brain in the way that we store pure understanding. It goes into the brain in “mentalese.” How is it then expressed in language? It is expressed in language in the same way that we express “mentalese” is. Into our language through the vocabulary, the sentence structures, the idioms to which we have access, based on our education. So how is it that the Book of Mormon contains revival language? It’s part and parcel of Joseph’s brain, part of his language. As soon as that’s the meaning he is looking for those words come out.

How many of you have ever used a cliché? How many of know that you shouldn’t and do it anyway? Because I come out of your mouth whether you care about it or not? Even if you don’t want to use them they pop out because we have these phrases burned in our brain. They are part of our language and we hit the meaning and we pop them out we don’t even know what the heck we said. Because that language, that meaning triggers that string and we are going to pop out that whole strings. So how does Joseph get that language? It is part and parcel of his brain. Of course he is going to do it that way. But the understanding comes from that which God gave him.

We need to start pulling whole bunch of things together here. Andrew Lang was kind of an interesting anthropologist at the end of the 1800, 1900s. He got interested in this whole idea of scrying and people seeing and stones and crystal balls and all of that. So he bought a crystal ball and in a very unscientific experiment he took his crystal ball and he handed a bunch of his friends and asked them what they saw. A whole bunch of them looked at the crystal ball and didn’t see a darn thing. One of the things he said is you know if you look into a crystal ball he said if you try three or four times and you never see pictures you never going to sorry it just isn’t going to work for you.

He said however several of his friends without any prompting, without being told what was supposed to happen would look into this thing and they would see pictures, so it was working. The one that was really fascinating was the young girl. He gave it to this young girl, the young girl looked at it and what she saw was a paper with writing on it that was so real to her that she turned the ball over to see the paper on the other side. Okay. Now how did she see the paper? Brain created it. What is that have to do with Joseph Smith? Well in the discussion that Brother Brown was doing this morning we were talking about Joseph’s translation the papyrus of John. Several of the descriptions that we have of how Joseph translated talk about him seeing words on Parchment. Where did they come from? Same places the girl saw the paper. How does he see something on paper? The brain generates it. Where do the words come from? Well the “mentalese” translates them, he gets language, the language is translated into something that he reads and he sees the words that he dictates to the scribe.

So people say well did Joseph Smith read the translation? All the evidence says yes. Absolutely he saw it. The question then is if he saw it did he translate? Absolutely the same way I translate from two different languages if I know them well, I understand it and I say it. He understood it and he gave it to us and we have it in his language therefore in his translation. So yes he saw a translation, yes he translated.

Here is the last thing that I was trying to do. What we’ve just been talking about and how does the seer stone work and how do you translate with seer stone. I actually toyed with the idea of reading two chapters and I figured that will put you all to asleep after dinner. So we didn’t do that, but that’s the information and there is a final chapter that says now that we have a theory for how Joseph Smith translated is that a productive theory? Can we use that theory to begin to explain the facets of the Book of Mormon that we see? Can we answer questions and let me do two of them for you?

Let’s start with the hypothesis that the majority of the translation is a functional translation. One that, although it is an authentic translation of an ancient document may not have the precise words that were on the document. I am guessing that there is a very large majority of people here who have not read Allen Christenson translation to the Popol Vuh. I don’t know why you haven’t. The Popol Vuh for those who might not know is a Quiché document. Quiché is sufficiently different language that they use language in ways that don’t translate very neatly into English and so what Allen Christenson did was something absolutely wonderful for people like me that really want to get into this he gave us two translations. He gave us a functional translation, he gave us a literal translation. You read the literal translation you go what and then you read his other translation in nice smooth English and if you go between the two you can tell that he is telling the same story and getting the same information but the sentences are dramatically different.

The Quiché sentences are much smaller, tighter and demonstrate a completely different understanding of literature and how would you turn a phrase, what the meaning might be and they are both translations. The majority of the Book of Mormon reads like a functional translation. It’s nice and it’s smooth. Let’s say that it was some language like Quiché, doesn’t read like that at all, it reads like English. It reads like the King James Bible. Why does it read like King James Bible? The native language to Joseph of course that’s what he is going to produce, it was scripture. Any time he produced scripture and it sounded like King James Bible because that’s a scripture was supposed to sound like.

Again information comes into the brain, comes out. Why functional? Because the “mentalese” that we use to store information is designed to handle the gist and not the words. It comes into a brain that is created in such a way that what we understand is meaning, not specific vocabulary. So of course he’s got meaning and of course in the translation of that meaning it’s going to come out and whatever words Joseph Smith has to be able to communicate that meaning. I suspect that a scholar of a different language might translate it different way. Brigham Young said that if someone other than Joseph  were to translate the Book of Mormon he has no doubt that it would be materially different than the translations we have. Of course it was in Joseph’s words, it was what he knew.

Now that tells us why the majority of it was that way and I will confess that when I first started working on the project I was pretty convinced that Joseph only translated one way and I had to come up with an answer to how he translated. Then I started looking at the data and the data proved me wrong, data are funny things like that. And we have the names well if everything is functional how do you get a name? A name is a very different kind of animal and is stored in different structures in the brain. Names are not nouns, they are proper nouns and we remember them that way. In fact they are just finding out that there is now a cluster of things that all fire together and if we think of a particular person we think of this whole set of things. But still the name is a specific thing so when that fires it is qualitatively different in the brain storage mechanism than these meanings because it is a name not a description. And so why is it that we get this literal translation of names that we can go from that name back to the subject? It’s the way names are stored. It’s not surprising at all that’s how we’re going to get that information.

So far I have been able to go through questions about the translation and apply that theory in concept in ways that begin to answer facets of the text. That doesn’t say that it’s proof. When we were talking about someone in the message boards one of the brilliant anti Mormons said “you mean you’ve got these great theory that you can’t prove.” Yeah, you just can’t prove historical theory, it just doesn’t work. You can find out if it’s productive and if it does something, if it answers the questions, but there is no way to prove this. The only person who really could have told us how he did it was Joseph Smith and I suspect that he did not understand fully how he did it either. But he did know one very, very important thing. He knew that he did not do it alone. So that when he was asked how he did it, the only competent answer he could give was that it was through the gift and power of God and that is what we really need to know. Thank you.

Harold Bloom on the Mormon Breakthrough

November 14, 2011 by Stephen Smoot

Harold Bloom, the celebrated Yale literary critic, has offered a recent opinion piece with the New York Times. The topic: Mitt Romney, 19th century vs. 21st century Mormonism, and the “crucial precedent” that has been set by Romney’s progress thus far in the upcoming presidential election. As he usually is with his writings, Bloom is very thoughtful and captivatingly eloquent with this article. This is a refreshing relief, considering the questionable remarks of other recent popular social commentators.

By way of introduction, Harold Bloom has previously written on Mormonism, to which he gives the crowning title “the American religion”.[1] Bloom is positively enamored with Joseph Smith, whom he cordially refers to as an “authentic religious genius”, and is amazed at the power of Joseph Smith’s revelations. Granted, it appears that Bloom’s admiration for Joseph Smith and his revelations is on a sort of quasi-literary level; I don’t think it would be too much of a stretch to say that Bloom would place Joseph’s revelations on the same level as great poetry or literature, but nothing more. Notwithstanding, Bloom is a first-rate intellectual who has given us some probing, albeit somewhat flawed, writings to explore.[2]

[Read more…] about Harold Bloom on the Mormon Breakthrough

Filed Under: Apologetics Tagged With: Harold Bloom, Joseph Smith, Mitt Romney, modern Church, New York Times, presidential election

Joseph the Seer—or Why Did He Translate With a Rock in His Hat?

Brant A. Gardner

Two pictures:

[To the left] The manner of translation was as wonderful as the discovery. By putting his finger on one of the characters and imploring divine aid, then looking through the Urim and Thummim, he would see the import written in plain English on a screen placed before him. After delivering this to his emanuensi,[sic] he would again proceed in the same manner and obtain the meaning of the next character, and so on till he came to the part of the plates which were sealed up.1

Truman Coe, Presbyterian Minister living among the Saints in Kirtland, 1836

[To the right] I cheerfully certify that I was familiar with the manner of Joseph Smith’s translating the book of Mormon. He translated the most of it at my Father’s house. And I often sat by and saw and heard them translate and write for hours together. Joseph never had a curtain drawn between him and his scribe while he was translating. He would place the director in his hat, and then place his [face in his] hat, so as to exclude the light, and then [read] to his scribe the words as they appeared before him.2

Elizabeth Ann Whitmer Cowdery, Oliver Cowdery’s wife, 1870

These two descriptions of Joseph Smith translating the golden plates paint radically different pictures of the same event. It easy to accept the finger-on-the-plates translation, but the rock-in-the-hat feels completely foreign. Nevertheless, it is a much better attested description of the process than the first.

Why do we have both of these pictures if the second better fits the majority of descriptions? To answer that question, there are two stories that must be told: first–why would anyone think of translating with a rock in a hat?–and second–why we are so surprised at that?

Why Do You Look At Rocks in Your Hat?

When the English left their villages and emigrated to the New World, they brought their customs and beliefs with them. Along with the hopeful, the adventurers, and the farmers,-—cunning men and wise women disembarked in the New World.3 To be a cunning man or a wise woman was to play a well defined and important role in pre-industrial villages. Keith Thomas, retired Professor of Modern History at Oxford University, wrote what has become the principle history of folk magic in England from the sixteenth to the nineteenth centuries. He tells how, in the villages, contemporary medicine drove people to the cunning men and wise women who understood herbs. The lack of local police forces made the community depend on cunning folk to find lost or stolen goods.4 These village specialists performed such important functions that Thomas notes that the community was “likely to believe that the cunning folk were taught by God, or that they were helped by angels, or even that they possessed some divinity of their own. The common people, wrote Thomas Cooper, assumed that the power of these wizards came by ‘some extraordinary gift of God’.”5

The cunning men and women exhibited their extraordinary talents in many ways, but there is one that provides the backdrop against which young Joseph Smith is more clearly defined. He belonged to a class of cunning men whose specialty was scrying, or seeing the hidden. It was a specialty with a very long and almost universal history.6 Anthropologist Andrew Lang, writing in 1905, describes the tools of their trade:

Not only is the plain crystal, or its congener the black stone, used, together with its first cousin the mirror, and the primitive substitute of water, but almost any bright object seems to have been employed at one time or another. Thus we find the sword among the Romans; and in mediaeval Europe polished iron . . . lamp-black is sometimes smeared on the hand, or. . . a pool of ink poured into it; visions are seen in smoke and flame, in black boxes, in jugs, and on white paper. . . .7

All of these methods sound strange to our modern ears, but they were not only accepted but revered for most of human history. By the time we find scryers or seers in England between the seventeenth and nineteenth centuries, their tools were often stones and their functions had evolved into two general forms; seeing a hidden future, and seeing the hidden location of things that were lost (or the thief who made them get “lost”). The conservative nature of such practices dictated that when the traditions of the cunning men and wise women are found in the Palmyra area of the 1820s they still performed their traditional functions of telling fortunes and seeing things that were lost, hidden, or stolen.8

Young Joseph Smith was a member of a specialized sub-community with ties to these very old and very respected practices, though by the early 1800s they were respected only by a marginalized segment of society. He exhibited a talent parallel to others in similar communities. Even in Palmyra he was not unique. In D. Michael Quinn’s words: “Until the Book of Mormon thrust young Smith into prominence, Palmyra’s most notable seer was Sally Chase, who used a greenish-colored stone. William Stafford also had a seer stone, and Joshua Stafford had a ‘peepstone which looked like white marble and had a hole through the center.'”9 Richard Bushman adds Chauncy Hart, and an unnamed man in Susquehanna County, both of whom had stones with which they found lost objects.10

There are some reminiscences that tell us how the village seers operated before modern history either forgot or dismissed them.. Lorenzo and Benjamin Saunders gave interviews in 1884 remembering their dealings with the Palmyra seer, Sally Chase. Lorenzo reported:

I tell you when a man willme that anyone can get a stone, & see knowledge of futurity, I say that he is a liar & the truth is not in him. Steve Mungou lost his pocket book in the road with some $50 in money in it. He went right to Sally Chase to get her to look & see where it was; She went & looked. He was drawing wood out of the woods. She said that pocket book lays right at the side off a log in the woods where you loaded that wood. It lays right at the side of the log well we went & hunted & raked the ground over where she said but could not find it. It past along & finally one night got a paper from Canadagua [Canandaigua, New York], & in it was that a pocket book was found & taken to an old Ontario Bank[.] Took it there & the owner could come & describe his book. And he went & found his pocket book at the bank. I lost [a] drag tooth out of my drag, dragging on my brothers premises there; I says: Sally, tell me where is that drag tooth? She told me “it lays in a log heap.” She says I think it lays a little past you will find it.

I went & hunted & hunted but could not find it there. I afterwards found it away over in one corner of the field.11

Benjamin provided a similar story: “My oldest Brother had some Cattle stray away. She claimed she could see them but they were found right in the opposite direction from where she said they were.”12 These accounts portray the way Sally Chase functioned in the community. When things were lost, you went to the seer who consulted her seer stone and described how to find the lost item. The Saunders brothers could have been describing events from an English village of over a hundred years earlier. In the brief descriptions that have survived, we know that Lorenzo consulted her at least twice himself, once to find the drag tooth and once to find lost cattle. He also tells us of another client, Steve Mungou. Both brothers, however, found it necessary to append that, of course, Sally was mistaken in the location she gave, a qualification that apparently didn’t stop them from consulting her again.

Joseph Smith, long before golden plates complicated his position as a local seer, appears to have functioned just as Sally Chase did. Quinn reports that: “E. W. Vanderhoof [writing in 1905] remembered that his Dutch grandfather once paid Smith seventy-five cents to look into his ‘whitish, glossy, and opaque’ stone to locate a stolen mare. The grandfather soon ‘recovered his beast, which Joe said was somewhere on the lake shore and [was] about to be run over to Canada.’ Vanderhoof groused that ‘anybody could have told him that, as it was invariably the way a horse thief would take to dispose of a stolen animal in those days.'”13 While Vanderhoof reported a positive result of the consultation, it is interesting that his statement includes a qualifier that has the same intent as those added by the Saunders’ brothers. By the end of the century, one wouldn’t want to actually credit a village seer when describing their activities. Nevertheless, it isn’t the effectiveness that is important—it is the nature of the consultation. Sally Chase’s clients consulted her to find things which were lost, and Joseph Smith had at least one client who did the same.

The social expectations of the village seer also explain two contradictory statements about what Joseph Smith did as a village seer. The first statement comes from Henry Harris in 1833: “Joseph Smith, Jr. the pretended Prophet, used to pretend to tell fortunes; he had a stone which he used to put in his hat, by means of which he professed to tell people’s fortunes.”14 Compare that statement to a story Lorenzo Saunders told to Edmund L. Kelley during his 1884 interview:

We went to Smiths one day, it was a rainy day; We went into the old mans shop, he was a cooper, and the old man had a shirt on it was the raggedest & dirtyest shirt, and all full of holes. & we got Jo. Smith to look & tell us what color our Girls hair was. well you see by & by some of them says go to Jo. says he Jo. come look into futurity & tell us how it is there? Jo. says I can not do that, I can not look into futurity I can not look into anything that is holy. The old man stood there and says: “I guess he can not look into my shirt then.15

Both Henry Harris and Lorenzo Saunders expected that Joseph Smith told fortunes. Of course they would have that expectation, because everyone knew that was one of the typical functions of the seer. However, where Harris may simply be repeating the assumption, Saunders describes what happened when he asked Joseph to act on that assumption. At least in this case, Joseph refused. The fact that the joke in the account depends upon young Joseph’s comment about not looking at that which is Holy and his father’s holey shirt suggests that this was a remembered incident and that Joseph Smith, Jr. actually had refused. I suspect that the refusal tells us about the spheres in which Joseph believed that particular talent operated. That refusal suggests Joseph made a distinction between that which was holy (which I believe he classified as religion) and his other functions (which I believe he classified as a talent).

What the modern world tends to know about the village seers is the result of only one of the ways in which their talents were put to use. Since they could see that which was hidden, local seers became involved in the mania of digging for lost treasure. As with the other functions of the cunning men and wise women, the idea of digging for treasure traced its roots to England, including much of the accompanying lore. In England, the semi-scientific root of treasure seeking was the habit of the wealthy burying their goods for safe-keeping in the absence of a deposit banking system.16 In the New World, the plausible explanation was based on the riches reputedly buried by Spaniards or pirates. It is probable that everyone could cite cases of people who had struck it rich through their digging, though none of them had, nor anyone they personally knew.17

In English tradition, seers were invited to assist the diggers in locating the buried goods. As Thomas explains: “There was not necessarily anything magical about the search for treasure as such, but in practice the assistance of a conjurer or wizard was very frequently invoked. This was partly because it was thought that special divining tools might help, such as the ‘Mosaical Rods’ for which many contemporary formulae survive.”18

It is therefore no surprise that we see the Palmyra seers engaged in the local mania for treasure digging. As with the English practice, however, it is important to note that money-digging didn’t require the seer. They were simply seen as useful. Note the relationship of the diggers to their guides in this series of descriptions Ronald W. Walker compiled:

The adepts often played a major role in money digging. The two men who in 1827 sought neatly boxed Spanish dollars below the old pier at New London, Connecticut, were directed by an elderly wise woman. Seeking pirate treasure in Maine, three men imported from Connecticut, a “far-famed and wonderfully skillful rodsman” to assist them. In turn, treasure-hungry farmers of Rose, New York, sought the help of a “medium,” while the 1825 expedition to the Susquehanna hills began with a “peeper” named Odle, whose power of “seeing underground” piqued William Hale’s interest. Moreover, the longtime diggers around Bristol, Vermont, made use of expert advice. They consulted a series of “prophets,” including two women, an “old Frenchman” east of the mountains, and finally a conjuror who promised that by removing a few rocks and “shunning the solid ledge” the long-sought cave might be entered.19

This places an important context around the best-known case of Joseph Smith, Junior’s participation in treasure-digging. Josiah Stowell, Sr., believed that he had found a lost Spanish silver mine and had his hired hands dig for it in 1825. When they were unable to find it, he hired Joseph Smith, Jr. to help them find what they had dug for and missed.20 This incident was the reason that in 1826, Stowell’s wife’s nephew took Joseph to court as a “disorderly person,” a term that was then defined in such a way that we might consider it a case of fraud.21 Presumably, Peter Bridgeman believed that Joseph had defrauded his uncle because he used a seer stone. This would not be the last time that Joseph’s activities with a seer stone were described as fraud. In terms coined only later, Joseph would be accused of being a “confidence man.”22 One of Joseph Smith’s biographers, Dan Vogel, picks up and continues this theme. As Vogel describes the reason why one might see Joseph as a con man, he also provides the information that allows us to see the important ways in which that label is a distortion of the actual historical situation:

A typical confidence scheme in Smith’s time involved a transient who entered an area that was known for its tales of lost treasures and the charlatan’s magical powers could be put to good advantage. Using a “peep” stone or mineral rod, he would lead the credulous to a remote spot where he had previously deposited a few coins and was able to impress them by “finding” the coins. In the ensuing excitement, he would ask to be paid for his services or, more boldly, suggest that a company be established and that shares be sold. Thereupon, he would disappear with the money. On the other hand, he might string the people along by leading them to subsequent spots, then offer magical explanations for the failure to locate or secure the treasure. For instance, he might tell them that the treasure was protected by an evil spirit or that they had not precisely followed the magical formula he had given them. Eventually he would suggest that the undertaking be abandoned, whereupon he would slip out of town with the money.23

The implication is that since Joseph used a peep stone, he must be seen in the same category as those who ran a scam with one. Clearly the 1826 court appearance tells us that some contemporaries considered him in that category. However, although the evidence is complex, it appears that Joseph was acquitted of the charge at that time.24 Should he also be redeemed from the continuing charges?

Undoubtedly there were those who preyed upon the folk beliefs of the too-trusting rural communities. However, the fact that the communities would be willing to follow the confidence scheme simply tells us that there was an existing belief system in which seer stones were considered effective and acceptable. The confidence men played off inherited traditions. Nevertheless, the fact that there are dishonest pretenders in any profession does not suggest that the entire profession is designed for dishonesty. Scams were run concerning seer stones not because seer stones were novel, but precisely because they were a traditional and respected method of finding that which was hidden.

There are two critical differences between the con men and the village seers. First, the charlatans were transients and the village seers were residential. The second is that the con man elicited money for his talents, and the village seers were consulted. We have at least three descriptions of how Joseph related to his clients, including Josiah Stowell, and in each case the client came to him with their problem.25 The con men created the scam for money and left so they would not have to deal with the consequences. The true village seers were part of the community, and remained so through success and failure. Their clients came to them because of a cumulative reputation. Against the records of a few scam artists we have the long tradition of village seers stretching back to England and covering hundreds of years of respectable service in their communities.

It is this traditional context of a finder of lost things, a see-er of the unseen, that explains how rocks in the hat figure in to the story of Joseph Smith and the translation of the Book of Mormon. The plates were accompanied by the Nephite Interpreters, which were two stones set in a silver bow.26 These stones appear to have functioned in a way Joseph understood from his experience with a seer stone. Although he began translation with the Nephite Interpreters, the record indicates that he changed to using his own seer stone. Why put the stone in a hat to translate? That part of the picture is easy. That was how such a stone was used. For Joseph’s community, that aspect was not unusual at all.27

Why translate with a stone? The conceptual link in Joseph’s mind would have been that he had been able to see that which was hidden, and the meaning of the script on the plates was certainly hidden to understanding. Nevertheless, this wasn’t a simple transition from seer to translator, even for Joseph. Joseph’s talent was for the mundane, but his gift was for the Holy. Joseph understood the difference between the two when Benjamin Saunders wanted him to see into futurity. Joseph understood that when he was asked to translate, he was being asked to do something very different from what village seers did. He was being asked to do something very different from what learned men did (2 Ne. 27:15-18).

Joseph learned from his community how to operate as a village seer, but he didn’t begin to understand how to be God’s seer until Moroni appeared to him. He did not fully make that transition until the sacred interpreters helped him move from finding lost objects to finding a lost people and lost gospel. Then, having learned to see that which was Holy, Joseph never returned to the mundane functions of the village seer. Eventually, he learned that he could use a seer stone just as well as the Interpreters. Only when he learned to see that which was Holy could he translate–and then it didn’t matter the lens through which he saw.

It is at this point that some might wonder if I believe that all seers saw things in their seer stones. I believe that seers believed that that they saw things in their seer stones. Do I believe that the seer stone prepared Joseph to translate?28 Only in that it allowed him to believe that he had a God-given talent that could be used for the purpose. Nothing in the world view of the seers prepared him for translating. He didn’t originally believe that his secular stones could translate, only the sacred interpreters. Even later when he learned that he could also translate through his own seer stone, he consistently said that the translation was done through the gift and power of God, not through any kind of rock. He knew that no other village seer could do it; he knew that he could not do it, save God alone intervened. Translating the plates was beyond the realm of the village seer and firmly and exclusively in the realm of God’s Seer.

Why Are We Surprised that Joseph Used a Rock in His Hat to Translate?

If we can find a context in which Joseph translating with a seer stone makes sense, why do we have to look so hard to find it? Why isn’t it as natural for us as it was for Joseph? That story also requires that we delve into history; in this case, the history of the interconnections between what we understand to be religion and what we understand to be magic.

Judeo-Christian religion shared the cultural cradle of the ancient Middle East. Dr. Shawna Dolansky, Assistant Professor of Religious Studies at Northeastern University, notes: “Evidence from ancient Egypt and Mesopotamia suggests that the dichotomy between magic and religion that is the starting point for many discussions of magic by contemporary scholars was not necessarily evident in biblical times. The fact is, in these civilizations that were contemporary with biblical Israel, magic and religion were only beginning to be differentiated. Evidence especially from Mesopotamia shows that this dichotomy is not an inherent one, but one that gradually develops over a period of time and is intimately tied to increasing social complexity.”29

Many of the Old Testament stories that we accept as religion have much in common with magical practices. They are difficult to separate because their differentiation depended not upon the things that were done, but the way those things were perceived. Sarah Iles Johnston, professor of Greek and Latin at Ohio State University explains:

The modern scholarly quest to establish a division between magic and religion does have some roots in antiquity, insofar as both ancient and modern discussions hinge on terminology: what one chooses to call any particular activity (and, it follows, who is doing the choosing) determines whether the activity is understood as acceptable or discredited, pious or blasphemous, religion or magic. In antiquity, magic (a term that I use as a shorthand way of referring to a variety of ancient Mediterranean words) almost always referred to someone else’s religious practices; it was a term that distanced those practices from the norm–that is, from one’s own practices, which constituted religion.30

Stated simply, “what I do is religion, what you do is magic.”31

Although it is difficult to see without close examination, the Old Testament exhibits this internal/external dichotomy between religion and magic. On the one hand, it is clearly antagonistic to people who perform certain acts. For example, we find in Exodus 22:18 the verse that underlay so many later tragedies: “Thou shalt not suffer a witch to live.” Deuteronomy 18:10-12 provides a list of magical practices that should be avoided: “There shall not be found among you any one that maketh his son or his daughter to pass through the fire, or that useth divination, or an observer of times, or an enchanter, or a witch, or a charmer, or a consulter with familiar spirits, or a wizard, or a necromancer. For all that do these things are an abomination unto the Lord.”

In spite of these obvious prohibitions, Dolansky notes that when you examine the nature of the practices, it isn’t the magic but the magician that is the problem. She concludes that “magic in the Hebrew Bible refers to the mediation of divine power; and in the hands of priests and prophets it is perfectly legal.”32 It is not the act, but the actor that creates the separation between religion and magic.33 David Frankfurter, Professor of Religious Studies and History at the University of New Hampshire, notes that: “people in their own cultural systems use such descriptive labels for political, sectarian, or simply taxonomic reasons, even with little reality behind the labels. Practically any practice, that is, might be labeled ‘magical’ or ‘sorcery’ under certain conditions.”34

Because these terms and concepts were socially constructed, they played an important role when social relationships changed. The division between religion and magic that affected Joseph Smith’s world (and which is perpetuated in ours), followed the tremendous social disruption of the Protestant Reformation and the Age of Enlightenment. As the Western world emerged from the Middle Ages, the Catholic Church had become the sole repository of answers to questions about how the world worked. As the Church had grown and conquered new territories, it often incorporated local religious practices into its own doctrines and understandings. In particular, local concepts of sacred space and sacred ritual often retained their sacrality while nominally moving from pagan to Christian spheres.35 The Protestant Reformation changed the definition of what was to be considered religion and what was deemed magic, and with that change, triggered massive social realignments—first in England and later in the Americas.

Where the Catholic tradition had accepted all types of sacred place and practice, the Reformation severely limited both. In redefining religion, it labeled as magic many of the aspects of Catholic sacred space and ritual.36 Richard Bushman has noted that “The Enlightenment drained Christianity of its belief in the miraculous, except for Bible miracles. Everything else was attributed to ignorant credulity.”37 Nevertheless, Jon Butler of the Department of History at Yale University points out:

By traditional accounts, magic and occultism died out in the eighteenth century: the rise of enlightenment philosophy, skepticism, and experimental science, the spread of evangelical Christianity, the continuing opposition from English Protestant denominations, the rise in literacy associated with Christian catechizing, and the cultural, economic, and political maturation of the colonies simply destroyed the occult practice and belief of the previous century in both Europe and America. Yet significant evidence suggests that the folklorization of magic occurred as much in America as in England. As in England, colonial magic and occultism did not so much disappear everywhere as they disappeared among certain social classes and became confined to poorer, more marginal segments of early American society.38

It is precisely this folklorization that created the social dichotomy in practices that were accepted by, in Butler’s terms, the more marginal segments of early American society. This separation with parallel persistence is what anthropologist Robert Redfield of the University of Chicago called a Little and Great Tradition. He explained:

Let us begin with a recognition, long present in discussions of civilizations, of the difference between a great tradition and a little tradition. . . In a civilization there is a great tradition of the reflective few, and there is a little tradition of the largely unreflective many. The great tradition is cultivated in schools or temples; the little tradition works itself out and keeps itself going in the lives of the unlettered in their village communities. The tradition of the philosopher, theologian, and literary man is a tradition consciously cultivated and handed down; that of the little people is for the most part taken for granted and not submitted to much scrutiny or considered refinement and improvement.39

Although some aspects of Redfield’s separation of the traditions have been criticized,40 the basic idea of the two separate but interrelated aspects of religion in a culture has great explanatory power. Irving Hexham, professor of Religion at the University of Calgary, describes the complex modern religious history of Korea in terms of the intertwining of a Little and Great Tradition:

When a Great Tradition is in decline its Little Tradition can continue with a vigorous religious life until another Great Tradition seeks to impose its beliefs as the religion of the people. This situation of religious change is well illustrated by the course of religious history in Korea, where the shamanism of the Silla kings was officially replaced by Buddhism. But with the decline of Buddhism and the imposition of Confucian rituals by the Yi Dynasty shamanism once more emerged as the enduring Little Tradition. Later in the nineteenth century when Confucianism declined, Christianity entered Korea and shamanism once more reasserted its traditional role.41

It is this ability to persist parallel to and intertwined with the Great Tradition that tells us how the social complex of the cunning men and wise women not only crossed the ocean from England, but formed a vibrant part of a defined segment of American society. The duality of traditions also explains the mutual antagonism between them. As competing explanations of reality, the two are uneasy bedfellows at best and feuding relatives at worst. D. Michael Quinn noted this division in approaches to the Little and Great Traditions: “Early Americans who did not share the magic world view condemned such beliefs and practices as irrational and anti-religious, but intelligent and religious Americans who perceived reality from a magic view regarded such beliefs and practices as both rational and religious.”42

Almost by definition, we perceive history through the eyes of the Great Tradition; the tradition with the greater social and economic standing and the tradition with greater ability to create a written legacy through the Enlightenment’s association with education. The Great Tradition writes the history that colors our perception of the Little Tradition. In the case of what we call magic, the anti-magical stance of the Great Tradition makes the folk magic Little Tradition an embarrassment. Andrew Lang, a British anthropologist of the last generation, provides a fascinating example of what happens when the Great Tradition expectation meets the Little Tradition reality: “‘I am glad to say my people are not superstitious,’ said a worthy Welsh clergyman to a friend of mine, a good folklorist, now, alas, no more, and went on to explain that there were no ghosts in the parish. His joy was damped, it is true, half-an-hour later, when his guest inquired of the school children which of them could tell him where a bwggan was to be seen, and found there was not a child in the school but could put him on the track of one.”43

The disdain of the Great Tradition for the Little Tradition is evident in an account of a trial for fraud, held in Kent, England, in 1850: “The defendant, who had the appearance of an agricultural labourer, resided at Rolvenden, where he enjoyed the reputation of being ‘a cunning man’, able to cure diseases, to explain dreams, to foretell events, to tell fortunes, and to recover lost property. He was resorted to as a wizard by the people of miles around, principally by the ignorant, but also by parties who might have been expected to know better.”44 The facts of the case are that many in the community consulted this cunning man. Of course, they had to have been ignorant folk. Nevertheless, there were some who didn’t appear so ignorant, although even they–should have known better.

Alan Taylor, a fellow at the Institute of Early American History and Culture, Williamsburg, Virginia, and an assistant professor at the College of William and Mary, explains the chasm between the Great and Little Tradition by focusing on Martin Harris:

[Martin Harris] was an honest, hard-working, astute man honored by his townsmen with substantial posts as fence-viewer and overseer of highways but never with the most prestigious offices: selectman, moderator, or assemblyman. In the previous generation in rural towns like Palmyra substantial farmers like Harris would have reaped the highest status and most prestigious offices. But Harris lived in the midst of explosive cultural change as the capitalist market and its social relationships rode improved internal transportation into the most remote corners of the American countryside. The agents of that change were the newly arrived lawyers, printers, merchants, and respectable ministers who clustered in villages and formed a new elite committed to “improving” their towns and their humbler neighbors. The village elites belonged to a new self-conscious “middle class,” simultaneously committed to commercial expansion and moral reform. Because of their superior contacts with and knowledge of the wider world, the new village elites reaped higher standing and prestigious posts from their awed neighbors.

Utterly self-confident in their superior rationality and access to urban ideas, the village elites disdained rural folk notions as ignorant, if not vicious, superstitions that obstructed commercial and moral “improvement.” Through ridicule and denunciation, the village middle class aggressively practiced a sort of cultural imperialism that challenged the folk beliefs held by farmers like Martin Harris. Harris’s material prosperity was comparable to the village elite’s but, because of his hard physical labor and limited education, culturally he shared more with hardscrabble families like the Smiths. A village lawyer needed only scan Harris’s gray homespun attire and large stiff hat to conclude that a farmer had come to town.45

We should not expect that because the Little Tradition is associated with the less educated that they were therefore simple or naÔve. Martin Harris might have been a participant and believer in the Little Tradition, but that doesn’t mean that he threw caution to the wind. The new elite might have seen Martin Harris as an ignorant and credulous farmer, but he would have seen himself as a cautious believer. His credulity allowed for true seers, but his caution told him that there were charlatans abroad. He pointedly told Joseph: “I said, Joseph, you know my doctrine, that cursed is every one that putteth his trust in man, and maketh flesh his arm; and we know that the devil is to have great power in the latter days to deceive if possible the very elect; and I don’t know that you are one of the elect. Now you must not blame me for not taking your word.”46

To resolve his question of whether or not he should support the Book of Mormon, Martin tested Joseph. When a pin Martin was using to pick his teeth fell into straw around his feet, he first attempted to find it. Not succeeding, he asked Joseph to use his seer stone to find the pin. Joseph did, bolstering Martin’s confidence that Joseph had the talent he professed.47 I find it particularly apt that the nature of the test was to find something lost. That is, of course, what a seer did.

Nevertheless, believing in Joseph as a true prophet and true seer had Martin straddling two traditions. The village seer belonged to the Little Tradition and a true prophet belonged the Great Tradition. Those in the Little Tradition understood that their quotidian practices were not religion (though they certainly didn’t consider them un-Christian). They even understood that their village practices were not respected by the Great Tradition. This is the reason that so many of those who participated in the Little Tradition attempted to separate themselves from it when they were later part of the Great Tradition, or when an interviewer from the Great Tradition asked about the old days. Richard Bushman demonstrates how this pressure affected the reminiscences of some of Joseph Smith’s neighbors:

The forces of eighteenth-century rationalism were never quite powerful enough to suppress the belief in supernatural powers aiding and opposing human enterprise. The educated representatives of enlightened thought, newspaper editors and ministers particularly, scoffed at the superstitions of common people without completely purging them. The scorn of the polite world put the Palmyra and Manchester money diggers in a dilemma. They dared not openly describe their resort to magic for fear of ridicule from the fashionably educated, and yet they could not overcome their fascination with the lore that seeped through to them from the past. Their embarrassment shows in the affidavits Hurlbut collected. William Stafford, who admitted participation in two “nocturnal excursions,” claimed he thought the idea visionary all along, but “being prompted by curiosity, I at length accepted of their invitations.” Peter Ingersoll made much more elaborate excuses. One time he went along became it was lunchtime, his oxen were eating, and he was at leisure. Secretly, though he claimed to be laughing up his sleeve: “This was rare sport for me.”48

Not only does understanding the Great and Little Traditions explain the antagonism we see in the Great Tradition histories, but the dual traditions also help explain one of the features or a Little Tradition religion when it is transformed into a Great Tradition religion. That shift in social acceptance and expectation triggers a responsive shift in the way the new religion sees itself and its history.

Morton Smith, a professor of History at Columbia University, examined this tendency in early Christianity, which began as a Little Tradition religion, but became a Great Tradition religion. Smith notes that the earliest forms of Christianity had a strong affinity with magical practices—practices that remain in descriptions of the healing miracles and turning water to wine. By the time of the gospels, however, that history was being written to remove references to magic. He concludes:

What evidence did the Christian tradition, as presented in the gospels, have in common with the picture of Jesus the magician? Since the authors of the gospels wished to defend Jesus against the charge of magic, we should expect them to minimize those elements of the tradition that ancient opinion. . . would take to be evidence for it, and to maximize those that could be used against it.

This expectation is, in the main, confirmed. The evangelists could not eliminate Jesus’ miracles because those were essential to their case, but John cut down the number of them, and Matthew and Luke got rid of the traces of physical means that Mark had incautiously preserved.49

The New Testament presented its message to, and participated in, a Great Tradition that Morton Smith notes was: “hostile to magic.”50 So also did the modern Saints tell their story within and to a Great Tradition that was hostile to magic.

As the early saints transitioned from a collection of believers into a formal religion, they began to see themselves within the Great Tradition. As with early Christianity, the stories they told of themselves naturally were recast to distance themselves from their Little Tradition heritage and provide an acceptable Great Tradition history. One of the obvious places to see this process in action is with the tools of the translation. We all know that Joseph used the Urim and Thummim to translate the Book of Mormon—except he didn’t. The Book of Mormon mentions interpreters, but not the Urim and Thummim. It was the Book of Mormon interpreters which were given to Joseph with the plates. When Moroni took back the interpreters after the loss of the 116 manuscript pages, Joseph completed the translation with one of his seer stones. Until after the translation of the Book of Mormon, the Urim and Thummim belonged to the Bible and the Bible only.51 The Urim and Thummim became part of the story when it was presented within and to the Great Tradition. Eventually, even Joseph Smith used Urim and Thummim indiscriminately as labels generically representing either the Book of Mormon interpreters or the seer stone used during translation.52

The Urim and Thummim were traditionally divinatory rocks, but most importantly, they were biblically acceptable divinatory rocks.53 From the Great Tradition perspective, their presence in the Bible made them religion, not magic. I suspect that the two interpreters made a natural comparison to the two stones, one Urim and one Thummim, from the Bible. Calling the biblical divinatory tools “rocks” instead of Urim and Thummim seems to demean them. The reverse process, calling the interpreters and seer stones Urim and Thummim, places them in a more appropriate religious category where they belong because of the sacred use to which they were put in translating the Book of Mormon.

This recasting of history was a story the Saints told themselves as much as what they presented to the world. I doubt that there was any conscious attempt to reconcile their history with Great Tradition expectations, let alone any attempt at deception. It was simply the natural response to their self-definition as a religion rather than a folk belief. It was a story told in a way that they subliminally knew was appropriate for a Great Tradition religion. The new history did not deny the past or alter the facts, but recolored them with a new vocabulary.54

Why, then, are we so surprised to learn that Joseph translated with a rock in his hat? That is a Little Tradition description and we are now firmly in the Great Tradition. We share the Great Tradition antipathy to those elements of the Little Tradition. Time has made the gap even greater than it was in Joseph’s day. Why do we have the two pictures with which we began? The more accurate, but more uncomfortable picture is a Little Tradition image. The other is a Great Tradition image. We have both because we can tell the story from two different perspectives.

Regardless of the perspective from which we tell the story, the essential fact of the translation is unchanged. How was the Book of Mormon translated? As Joseph continually insisted, the only real answer, from any perspective, is that it was translated by the gift and power of God.

Notes

1 Truman Coe to Mr. Editor, Hudson Ohio Observer, August 11, 1836 cited in Dan Vogel, Early Mormon Documents, 5 vols. (Salt Lake City: Signature Books, 1998), 1:47.

2 Elizabeth Ann Whitmer Cowdery, “Elizabeth Ann Whitmer Cowdery Affidavit, 15 February 1870,” in Early Mormon Documents, ed. Dan Vogel, 5 vols. (Salt Lake City, UT: Signature Books, 1870), 5:260.

3 Catherine L. Albanese, A Republic of Mind and Spirit: A Cultural History of American Metaphysical Religion (New Haven, CT: Yale University Press, 2007), 68. Also Jon Butler, Awash in a Sea of Faith: Christianizing the American People (Cambridge, Mass.: Harvard University Press, 1992), 67.

4 Keith Thomas, Religion and the Decline of Magic (New York: Charles Scribner’s Sons, 1971), 649-50.

5 Ibid., 266.

6 Deanna J. Conway, Crystal Enchantments: A Complete Guide to Stones and Their Magical Properties (Berkeley. Calif.: The Crossing Press, 1999), 291-3.

7 Andrew Lang, Crystal Gazing: Its History and Practice, with a Discussion of the Evidence for Telepathic Scrying (New York: Dodge Publishing Company, 1905), 32.

8 For the practices, see Thomas, Religion and the Decline of Magic, 656. Herbert Passin and John W. Bennett, “Changing Agricultural Magic in Southern Illinois: A Systematic Analysis of Folk-Urban Transition,” (reprint of a 1943 article) in The Study of Folklore, edited by Alan Dunces (Englewood Cliffs, New Jersey, 1965), 316-17, discuss agricultural magic in an Illinois town as collected in 1939, when the practices were beginning to fade. They note that they were practices that followed the Old English pattern.

9 D. Michael Quinn, Early Mormonism and the Magic World View (Salt Lake City: Signature Books, 1987), 38.

10 Richard L. Bushman, Joseph Smith and the Beginnings of Mormonism (Urbana and Chicago: University of Illinois Press, 1984), 70.

11 Lorenzo Saunders, “Lorenzo Saunders Interview, 12 November 1884,” in Early Mormon Documents, ed. Dan Vogel, 5 vols. (Salt Lake City, UT: Signature Books, 1884), 2:154-55.

12 Benjamin Saunders, “Benjamin Saunders Interview, Circa September 1884,” in Early Mormon Documents, ed. Dan Vogel, 5 vols. (Salt Lake City, UT: Signature Books, 1884), 2:139.

13 Quinn, Early Mormonism and the Magic World View, 39.

14 Henry Harris, “Henry Harris Statement, Circa 1833,” in Early Mormon Documents, ed. Dan Vogel, 5 vols. (Salt Lake City, UT: Signature Books, 1833), 2:75.

15 Lorenzo Saunders, interviewed by E. L Kelley, 12 November 1884, “Miscellany,” E. L. Kelley Papers, RLDS Church Library-Archives, Independence, Missouri, p. 11, in Early Mormon Documents, ed. Dan Vogel, 5 vols. (Salt Lake City, UT: Signature Books, 1833), 2:155.

16 Keith Thomas, Religion and the Decline of Magic, 234.

17 Ronald W. Walker, “The Persisting Idea of American Treasure Digging,” BYU Studies, 24, no. 4 (Fall 1984):433, notes: “The reality of actual treasure finds hardly explains the power and tenacity of the reassure myth “Finds’ were never commensurate with actual digging and were more a matter of accidental discovery than conscious magical enterprise. Even the discovery of mines, allegedly the most successful of the diggers’ pursuits, evoked skepticism and lacked documented results.”

18 Thomas, Religion and the Decline of Magic, 236.

19 Walker, “The Persisting Idea of American Treasure Hunting,” 439-40.

20 Richard L. Bushman, Joseph Smith: Rough Stone Rolling (New York: Alfred A. Knopf, 2005), 48.

21 Bruce A. Van Orden, “Joseph Smith’s Developmental Years, 1823-29 (JS ñ H 50-67),” In Studies in Scripture, Vol. 2: The Pearl of Great Price, edited by Robert L. Millet and Kent P. Jackson, (Salt Lake City: Randall Book, 1985),373.

22 Dale R. Broadhurst, “Joseph Smith: Nineteenth Century Con Man?” accessed July 2009 from http://sidneyrigdon.com/criddle/Smith-ConMan.htm, provides a long and nicely documented piece that clearly argues that Joseph Smith was precisely a con man, and was described as one. That he would have been seen as a con man by the writers from the Great Tradition is certainly understandable (see later in this paper). However, seem from inside his own social and economic class, the term is unwarranted and inaccurate. It is a historically accurate misrepresentation, but a misrepresentation nonetheless.

23 Vogel, Joseph Smith: The Making of a Prophet, xiv.

24 Previous records of what happened at the hearing have been supplemented by the discovery of court documents that have allowed a more complete legal analysis of the conclusions. The discussion of what happened at this hearing is beyond the scope of this papers. Sources to be consulted are: Marvin S. Hill, “Joseph Smith and the 1826 Trial: New Evidence and New Difficulties,” BYU Studies 12, no. 2 (1972):223-33, Gordon A. Madsen, “Joseph Smith’s 1826 Trial: The Legal Setting,” BYU Studies 30, no. 2 (1990):91-108, “Just the Facts: The 1826 Trial (Hearing) of Joseph Smith,” Accessed July 2009 from http://www.lightplanet.com/response/1826Trial/facts.html.

25 Vanderhoof’s grandfather came to Joseph to ask about the lost mare. Josiah Stowell came to Joseph to hire him to help find the silver mine. Martin Harris asks Joseph to find the pin he dropped in the straw (discussed below).

26 J. W. Peterson, “William Smith Interview with J W. Peterson and W. S.Pender, 1890,” in Early Mormon Documents, ed. Dan Vogel, 5 Vols., vol. 1 (Salt Lake City, UT: Signature Books, 09/03/23 1890), 508. A. W. Benton, “Mormonites,” Evangelical Magazine and Gospel Advocate 2:15 (April 9, 1840), 201, as quoted in Stephen D. Ricks, Joseph Smith’s Means and Methods of Translating the Book of Mormon (Provo, UT: Foundation for Ancient Research and Mormon Studies, 1986), 3.

27 “Palmyra Reflector, 1 February 1831,” in Early Mormon Documents, ed. Dan Vogel, 5 vols., (Salt Lake City, UT: Signature Books), 2:243, “‘Peep stones’ or pebbles, taken promiscuously from the brook or field, were placed in a hat or other situation excluded from light, when some wizzard or witch (for these performances were not confined to either sex) applied their eyes, and nearly starting [staring?] their [eye] balls from their sockets, declared they saw all the wonders of nature, including of course, ample stores of silver and gold.” Bracketed text retained from Vogel.

28 Mark Ashurst-McGee appears to see a developmental path from Joseph’s use of folk magic into his abilities as a prophet. Clearly there is a connection, but I seem to see a greater separation than he does. Mark Ashurst-McGee, A Pathway To Prophethood: Joseph Smith Junior As Rodsman, Village Seer, And Judeo-Christian Prophet, Master’s Thesis (Logan, Utah: Utah State University, 2000), iii, “For the most part, I present Joseph Smith’s divinatory development as he himself experienced it. Dowsing with a rod, seeing things in stones, and receiving heavenly revelations were as real to Smith as harvesting wheat. In order to understand his progression from rodsman to seer to prophet, one must first understand his worldview. The mental universe of early American water witches and village seers forms one of the historical and cultural contexts in which Joseph Smith developed his divinatory abilities.” Reacting specifically to this statement, my objection would be that Joseph Smith did not “develop his divinatory abilities,” but rather that they were bestowed upon him a s a gift from God, leveraging a talent he already had into the confidence to do what otherwise he would never have believed he could have done.
Alan Taylor also indicates a developmental path: Taylor, “Rediscovering the Context of Joseph Smith’s Treasure Seeking,” 21, “Indeed, I would argue that Joseph Smith, Jr.’s transition from treasure-seeker to Mormon prophet was natural, easy, and incremental and that it resulted from the dynamic interaction of two simultaneous struggles: first, of seekers grappling with supernatural beings after midnight in the hillsides, and, second, of seekers grappling with hostile rationalists in the village streets during the day.” Although these factors certainly contributed to the development of Joseph Smith the person, I do not see them as foundational for Joseph the Prophet. I see Moroni’s visit as creating a fundamental shift in his worldview, requiring that he relearn his place and reassign his talent to the Lord. It may not have been world-wrenching, but it still was dramatically different from the context of his daily life prior to that event.

29 Shawna Dolansky, Now You See It, Now You Don’t: Biblical Perspectives on the Relationship Between Magic and Religion (Winona Lake, Indiana: Eisenbrauns, 2008), 21.

30 Sarah Iles Johnston, “Magic,” in Religions of the Ancient World: A Guide, ed. Sarah Iles Johnston (Cambridge, Mass.: Harvard University Press, 2004), 140. Dolansky, Now You See It, Now You Don’t, 15, “In the case of the ancient world, it is difficult to find firm divisions between magical and religious activities until the time of classical Greece, and then those categories refer to social rather than substantive distinctions.”

31 Dolansky, Now You See It, Now You Don’t, 4: “The problem of differentiating between actions that are magical and those that are religious is important in the fields of anthropology and religious studies. Both magic and religion claim access to realms outside of ordinary reality and attempt to manipulate supernatural forces for desired outcomes in the natural world. Scholars have approached the categories of magic and religion from a variety of perspectives, distinguishing them on the basis of their techniques, social effects, and the status of their chief proponents. Some have suggested that there is no real difference, that the categories merely denote social conventions (“what I do is religion, what you do is magic”) and that the terms themselves should be dissolved altogether.

“The problem of defining magic has been a major portion of most LDS responses to the accusation that Joseph Smith participates in magic or the occult. In all cases, the problem is not with the facts, but with the connotations of the labels. See the following discussions of the use of the term “magic,” and to what it might apply: John Gee, “Abracadabra, Isaac and Jacob,” A review of “The Use of Egyptian Magical Papyri to Authenticate the Book of Abraham: A Critical Review” by Edward H. Ashment, FARMS Review, 7, no. 1, (1995): 47-67, John Gee, “Early Mormonism and the Magic World View, revised and enlarged edition,” A review of “Early Mormonism and the Magic World View, revised and enlarged edition” by D. Michael Quinn, FARMS Review, 12, no. 2, (2000):2-6, William J. Hamblin, “That Old Black Magic,” A review of “Early Mormonism and the Magic World View, revised and enlarged edition” by D. Michael Quinn, FARMS Review, : 12,no. 2 (2000 ): 3-9, Rhett S. James, “Writing History Must Not Be an Act of ‘Magic,'” A review of “Early Mormonism and the Magic World View, revised and enlarged edition” by D. Michael Quinn, FARMS Review, 12, no. 2 (2000):2-4.

32Dolansky, Now You See It, Now You Don’t, 99.

33 Ibid., 99-100.

34 David Frankfurter, “Dynamics of Ritual Expertise in Antiquity and Beyond: Towards a New Taxonomy of “Magicians”,” in Magic and Ritual in the Ancient World, ed. Paul Mirecki and Marvin Meyer (Leiden, The Netherlands: Brill, 2001), 159.

35 Karen Louise Jolly, “Magic, Miracle, and Popular Practice in the Early Medieval West: Anglo-Saxon England,” in Religion, Science, and Magic: In Concert and in Conflict, ed. Jacob Neusner, Ernest S. Fredrichs and Paul Virgil McCracken Flesher (New York and Oxford: Oxford University Press, 1989), 176, “Although there was conflict in early medieval society between the extremes of magic and religion–a product of the Christianizing process in which the converted and the church hierarchy redefined the acceptable and unacceptable–there were also gray areas of assimilation in which practices stemming from a similar outlook were transformed into something acceptable. The Christian Church, though openly countering magic with miracle, was not blind to this assimilation process as another means of conversion.

“The extremes of magic and religion or science, although well defined in most cultures, would necessarily have such gray areas between them, a product of the influences of change over time, as the acceptable and the unacceptable were redefined.”

36 Keith Thomas, Religion and the Decline of Magic, chapter 3, “The Impact of the Reformation,” provides extensive examples of the way in which this process moved through the Protestant rejection of Roman Catholicism. He concludes (75-76): “Protestantism thus presented itself as a deliberate attempt to take the magical elements out of religion, to eliminate the idea that the rituals of the church had about them a mechanical efficacy, and to abandon the effort to endow physical objects with supernatural qualities by special formulae of consecration and exorcism.”

37 Richard L. Bushman, Joseph Smith and the Beginnings of Mormonism, 7.

38 Butler, Awash in a Sea of Faith, 83

39 Robert Redfield, The Little Community and Peasant Society and Culture (Chicago: University of Chicago Press, 1960, rpt 1989.), 41-42.

40 Edith Badone, “Introduction,” in Religious Orthodoxy and Popular Faith in European Society, ed. Edith Badone (Princeton: Princeton University Press, 1990), 6: “Redfield’s work is in the tradition of the “two-tiered” models of religion that Brown seeks to escape. Like the term popular religion itself, the great tradition-little tradition distinction has helped to perpetuate the misconception that popular religion is always rural, primitive, unreflective, and traditional, as opposed to the urban, civilized, intellectual, and modern religion of the elite.” Stanley Brandes, “Conclusion: Reflections on the Study of Religious Orthodoxy and Popular Faith in Europe,” in Religious Orthodoxy and Popular Faith in European Society, ed. Edith Badone (Princeton, NJ: Princeton University Press, 1990), 187: “Despite these theoretical advances, Redfield and his followers–like the evolutionists before them–implicitly denigrated the religion of the masses. Not only did they view popular religion as less reflective and creative–in other words, more reactive–than that of the elite but they also believed that popular religion lagged behind elite religion temporally; elite beliefs and practices of one century might be discovered among the peasantry of the next.”

41 Irving Hexham, “Modernity or Reaction in South Africa: The Case of Afrikaner Religion,” in Modernity and Religion: Papers Presented at the Consultation on Modernity and Religion Held at the University of British Columbia, Dec. 15-18, 1981, ed. William Nicholls (Waterloo, Ontario: Wilfrid Laurier University Press, 1988), 81.

42 Quinn, Early Mormonism and the Magic World View, 225.

43 Lang, Crystal Gazing, 1.

44 David Vincent, Literacy and Popular Culture: England 1750-1914, Cambridge Studies in Oral and Literate Culture, ed. Peter Burke and Ruth Finnegan, vol. 19 (Cambridge, England: Cambridge University Press, 1993), 172.

45 Alan Taylor, “Rediscovering the Context of Joseph Smith’s Treasure Seeking,” Dialogue: A Journal of Mormon Thought, 19, no. 4 (Winter 1986):21. Internal references silently removed.

46 Martin Harris interview with Joel Tiffany, Tiffany’s Monthly, V , 169.

47 Ibid., 164.

48 Bushman, Joseph Smith and the Beginnings of Mormonism, 71-72.

49 Morton Smith, Jesus the Magician (New York: Barnes & Noble, 1978), 92.

50 Ibid., 146. As might be expected, Morton Smith’s presentation of Jesus as a magician is even more controversial than calling Joseph Smith a magician. John Gee, “‘An Obstacle to Deeper Understanding’.” Review of D. Michael Quinn, Early Mormonism and the Magic World View, revised and enlarged edition, in FARMS Review of Books, 12 no. 2 (2000):188 notes that Morton Smith’s idea that there were itinerant Greek magicians has been discredited. Gee does note (p. 186), “If Jesus can be seen in such a context [as a magician], why not Joseph Smith?”

51 J. V. Coombs, Religious Delusions: Studies of the False Faiths of To-Day (Cincinnati: The Standard Publishing Company, 1904), 61-62, “Dr. Wyl says that the name Urim and Thummim was first used by W. W. Phelps about the time of the publication of the Book of Commandments. This is ten years after Moroni’s visit. In the interim the work of translating is done by seer stones and stone spectacles! What a blessed thing it is that the more dignified instrument came soon enough to get into the second edition of the revelations, at the same time belated Moroni makes his advent!”

52 Richard Van Wagoner and Steve Walker, “Joseph Smith: ‘The Gift of Seeing'”, Dialogue: A Journal of Mormon Thought vol. 15, no. 2 (Summer 1982):62, “These stones could not have been the Nephite interpreters, yet Joseph specifically calls them ‘Urim and Thummim.’ The most obvious explanation for such wording is that he used the term generically to include any device with the potential for ‘communicating light perfectly, and intelligence perfectly, through a principle that God has ordained for that purpose,’ as John Taylor would later put it.” See also Mark Ashurst-McGee, “Moroni as Angel and as Treasure Guardian,” FARMS Review 18, no. 1 (2006):42.

53 This is an intentional distillation of the tradition, which would never have accepted the crude designation of “rocks” for the tradition stones the Urim and Thummim represented. There is a long tradition that they were associated with the gems on the ephod. See Cornelis Van Dam, The Urim and Thummim: A Means of Revelation in Ancient Israel (Winona Lake, Indiana: Eisenbruans, 1997), 16-23, 27-31.

54 The saints themselves would not have perceived a great division in their participation in the two cultural spheres. For them, the transition was likely imperceptible, even though they began to see themselves from the perspective of the religion they had joined. Bill Hamblin notes that they never did label themselves with any of the terms that the Great Tradition would have used to describe their Little Tradition practices. William J. Hamblin, “That Old Black Magic,” Review of D. Michael Quinn, Early Mormonism and the Magic World View, revised and enlarged edition, in FARMS Review of Books 12 no. 2 (2000): 233, makes this point in reference to Quinn’s association of the terms with Joseph Smith and his peers: “Joseph Smith never called himself a magician, sorcerer, occultist, mystic, alchemist, kabbalist, necromancer, or wizard. He did not ’embrace’ this ‘self-definition.’ Nor did any of his followers.”

Legal Trials of the Prophet: Joseph Smith’s Life in Court

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Question
Did Joseph Smith face many lawsuits and criminal charges?
 
Short Answer
Yes. During his lifetime, Joseph Smith was involved in approximately 175 legal proceedings, including civil lawsuits, criminal prosecutions, extradition attempts, bankruptcy proceedings, property disputes, and cases connected to the growth of the Church. According to Joseph Smith Papers research discussed by Joseph I. Bentley, roughly 50 of those cases involved criminal charges that could have threatened Joseph’s liberty or even his life.
Key Takeaways
  • Joseph Smith’s prophetic ministry was marked by continual legal opposition, with approximately 175 legal proceedings documented during his lifetime.
  • Many of the legal cases reflected broader religious, political, and social conflicts rather than ordinary criminal activity.
  • Early court proceedings, including the 1826 “glass looker” hearing and the 1830 New York trials, ended with Joseph Smith being discharged or acquitted according to the evidence presented.
  • Bentley argues that Joseph Smith’s life cannot be fully understood without recognizing how deeply legal conflict shaped his ministry, leadership, and ultimate sacrifice.

Summary

Summary

In “Legal Trials of the Prophet: Joseph Smith’s Life in Court,” Joseph I. Bentley examines the legal history of Joseph Smith’s ministry, arguing that the Prophet’s life cannot be understood apart from the nearly constant legal challenges he faced. Drawing on research from the Joseph Smith Papers Project and decades of legal scholarship, Bentley surveys approximately 175 legal proceedings involving Joseph Smith, including criminal prosecutions, civil lawsuits, extradition attempts, financial disputes, and municipal legal controversies. He demonstrates that these cases consumed enormous amounts of Joseph’s time and resources while often reflecting the growing religious, political, and social tensions surrounding the Restoration.

Chronological Legal Journey

The presentation follows Joseph Smith’s legal journey chronologically, beginning with the 1826 “glass looker” hearing and continuing through the New York trials, the Kirtland Safety Society litigation, the breakdown of law in Missouri, Liberty Jail, the Nauvoo Charter, multiple extradition attempts, and the legal controversy surrounding the Nauvoo Expositor. Bentley highlights how legal institutions sometimes protected Joseph through acquittals and successful habeas corpus proceedings, while at other times failed to restrain mob violence and political hostility.

Law + Faith

Bentley also explores the intersection of law and faith. He shows how Joseph Smith continued to build the Church, receive revelation, and press forward with temple work despite repeated arrests, financial hardship, imprisonment, and threats on his life. The revelations received in Liberty Jail stand as a powerful example of how profound spiritual insight emerged from periods of intense legal persecution.

Ultimately, Bentley concludes that Joseph Smith’s legal experiences were not merely historical footnotes but central to understanding his prophetic mission and martyrdom. By placing the Prophet’s court cases within their historical and legal context, the presentation illustrates both the extraordinary pressures Joseph endured and the resilience with which he continued to lead the Restoration despite persistent opposition.

TL;DR

TL;DR (Too Long; Didn’t Read)

Joseph I. Bentley examines the major legal challenges Joseph Smith faced throughout his life, from his 1826 hearing in New York to the events leading to his martyrdom in 1844. Drawing on research from the Joseph Smith Papers Project, Bentley argues that legal conflict was a constant feature of Joseph’s ministry and often reflected broader religious, political, and social tensions.

The presentation explores early court cases, Missouri persecutions, Liberty Jail, the Nauvoo Charter, extradition attempts, the Nauvoo Expositor, and the final legal events preceding Carthage. Bentley concludes that Joseph Smith’s life cannot be understood without understanding the extraordinary legal pressures he endured.

Note About the Slides in this Presentation

Note on Visuals:

The original slides from Brother Bentley’s presentation were not not good quality. The visuals included here were sharpened using AI. Every effort has been made to accurately reflect the speaker’s intent; however, any errors or oversimplifications are our own.

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 Introduction: Joseph Smith and the Legal Trials of His Life

Well, have you learned enough about Adam? I don’t believe I’ve heard that much in my whole life. And I’m looking forward to reading it again.

But we also need to know more and think more about the spiritual father of our own time. And so I hope you’re not tired of hearing about Joseph Smith. We’ll have some unique aspects here today that we can consider.

But first we look back on last year and we see that it was really quite a time for Joseph. Before 2005, I suspect that Brigham Young was far better known than Joseph Smith, certainly to historians and to those who read western books.

But 2005 changed all of that. Starting with a series of seminars, the Library of Congress being most notable, studies of Joseph went around the world literally. He made the cover of Time and Newsweek magazines. Wonderful books were written during the year.

Claudia Bushman, who’s been here throughout the day, actually was one of those responsible for mounting a heroic bronze statue in a very prominent place in a park in Manhattan, of all places.

So he is now being known for good and evil throughout the world as he never has been before.

Well, from my years of research, as you’ve just heard, I’ve gained a new and deeper appreciation for what he had to endure despite years of unrelenting legal proceedings.

A Life Shadowed by Legal Proceedings

Let’s do this.

Now he, as you know, faced many tribulations throughout his life and, in fact, his ministry was shadowed the entire time through a series of legal proceedings which resulted in his incarceration and ultimately his death.

The team that I’m on with the Joseph Smith Papers, and some of the members are here in our group, have identified approximately 175 lawsuits that he was involved in in one way or another—suits brought against him, or that he had to bring against others, or that he was a witness in some cases, or as judge.

Yes, in Nauvoo he was the presiding judge of the municipal court and was the justice of the peace for the mayor’s court.

So all of these took time and assets and a great deal of attention. Any of you who have ever been involved in a lawsuit, or have friends or family who have been, know that it is draining, totally all-consuming.

Lawyers spend night and day preparing for their cases. And while it was different 150 years ago—you could have a charge brought one day and the case heard the same day or the next day—still, it was a very demanding process.

We’ll focus just a little bit. Now, this is a panoramic survey. Really, we don’t have time to spend a lot of detail on any of these cases.

But there were approximately 50 cases which he had to defend that were brought against him as criminal charges that could have taken his liberty or his life and actually finally did.

Early Warnings and Afflictions

From the very beginning, the Lord warned Joseph when he was called to the ministry that he would need to be patient in his afflictions, for he would have many, and that he should keep the commandments and he would be glorified even if he should be slain.

And finally, “even if they should do unto you as they have done unto me, blessed are you, for you will be crowned with glory.”

Now, that’s quite a way to start your mission.

He said he got used to swimming in deep water, and that was certainly true from the legal aspect.

The 1826 “Glass Looker” Case

The first of the cases brought against Joseph actually started the year before his ministry. You might say his ministry actually began when Moroni visited and then brought the plates.

Here he is at age 20 in 1826. And this is a rather notable case. A lot of print has been spilled on this case, and it’s thought by some even today that it turned out badly for Joseph.

There are three accounts of this case, and two of them were by medical doctors who were bystanders, and one was by the justice himself, the justice of the peace who kept some notes.

His niece inherited those, and they were finally published about 50 years later during the peak of the polygamy persecutions.

This case came in Harmony when he was living in Harmony, Pennsylvania. That’s one of several oxymorons that I’ll mention here.

And earlier someone mentioned the cases, the documents that have been found in a basement in a New York jail.

A justice of the peace named Neely first made a record of People versus Joseph Smith and described him as the “glass looker.”

Now, that was not the criminal charge, but actually it was a form of disorderly conduct, a misdemeanor under the statute of the time. It was for falsely pretending to discover lost goods.

Now, in one of the versions, actually the one that the niece inherited from the justice, the way it supposedly comes out is that he was arrested, posted bail, jumped bail, had to be rearrested, brought back, was convicted, and then either exiled or allowed to escape.

Treasure Digging for Spanish Gold

Joseph himself, before we get to Constable DeZeng, kept an account saying that for some period during this winter of 1826, he and his father were hired by Josiah Stowell, who had an old Spanish treasure map and knew that these men were good hard workers, but also heard that Joseph had some supernatural gifts—the ability to discover things that had been lost.

After about a month of working hard looking for this treasure, Joseph, according to his mother’s history, finally discouraged Josiah Stowell and he gave the whole thing up.

While they didn’t discover that buried treasure, he discovered his greatest treasure in life, which was his wife Emma. He was then living with the Hales.

Now, according to Dr. Purple, one of the two medical doctors who also published his version of this, what Constable DeZeng actually meant by what he said here—serving a warrant on Joseph and 12 witnesses and then attending with the prisoner for two days and then 10 miles of travel with a mittimus to take him—wasn’t to take him out of the jurisdiction and exile or expel him, but to take him to the hearing. 1

Now, the result of this, according to Dr. Purple, is that these 12 witnesses testified, including Joseph and his father and Josiah Stowell and several others.

Josiah Stowell’s Testimony

Stowell was the last witness, and he was supposed to clinch the case for the one who brought the charges, a disgruntled nephew who thought that Joseph was cheating his uncle.

But Josiah Stowell turned the tables and came to Joseph’s defense, vindicated him as a hard worker who never did what he wasn’t paid to do.

And so he was discharged according to Dr. Purple.

We think that he was vindicated and discharged. Gordon Madsen has spent a lot of time studying this case, and he has 10 other reasons why he thinks he was acquitted and not convicted.

This was the first case and the closest call, you might say, to a criminal conviction.

The 1830 Arrests Following the First Baptisms

The next year, Joseph received the plates. The ministry begins at age 21, and the next case is the following year.

There is not time to discuss the intricacies of that case, a very interesting case. We know that the first 116 pages were lost. They were taken by Martin Harris to show people that had to be convinced that he was not wasting his time or money.

One of those was his wife, Lucy Harris. And as it turns out, she’s the one who sues Joseph for cheating her husband. But I won’t get into that one.

The Church is now restored in April of 1830, and just two months later—and we have the priesthood restored and the first baptisms, which did not include Emma, as she was still back at Disharmony, or Harmony, Pennsylvania.

And so Joseph goes down to baptize her and the Joseph Knight family and several others in the same area.

So this next case comes when they had just completed the baptisms. The mob, about 50 vigilantes, had torn out a dam where they had performed the baptisms, and they were successful in disrupting the confirmations.

Joseph once said that you might as well baptize a bale of hay as to baptize a person without the confirmation for the gift of the Holy Ghost.

Now a constable came with a writ to arrest Joseph for, again, disorderly conduct, disturbing the peace, and this time it includes setting the countryside in an uproar by preaching the Book of Mormon.

A Courageous Constable

Now the constable was part of a plan to do some harm to Joseph. He was supposed to get Joseph away from his friends and put him in a wagon. Then, as they got out of sight around a bend, he was to slow down. So, those who were lying in wait could come out and ambush him.

But as so often happened, the constable was impressed by Joseph. He actually came to like him and was impressed that he was not at all what he had been told.

So, instead of slowing the wagon down as they came around that bend, he whipped the horses into a faster pace. They were making good time as they ran away from the mob, who were now saddling up and trying to come in hot pursuit.

The wagon loses a wheel just at this moment, though. I’m not making this up.

So Joseph is propping up the wagon while the constable is putting the wheel back on, and here comes the mob riding as fast as they can.

They get back in the wagon. These must have been really good horses because they outran the mob, and they get to the end where the court will be held the next day.

Lack of Formal Courthouses

Back in those days they didn’t have really formal courthouses for the most part. They were held in justice of the peace parlors. Or, if it needed a larger place, then in a tavern or an inn. And that’s where they went this time.

I mentioned that this constable was quite courageous because he not only ran away from the mob, but he told Joseph:

“Now there’s only one bed in this room. You take the bed. I’ll lie here on the floor with my musket beside me, and I’ll prop my feet against the door so they can’t get in and you can try to get a good night’s sleep.”

The First Trial

The court started the next morning at 10:00 a.m. This is about midnight now. Okay, you hadn’t prepared your case. You hardly know what the case is. But Joseph Smith so often relied on others to finance these defenses and to bring these lawsuits.

Two farmer friends of the Knight family, John Reid and James Davidson, who also happened to be lawyers, were impressed into duty.

So at 10:00 the next morning, the court begins. And again, twelve witnesses, similar charges to what he had before. And it had nothing to do with treasure seeking this time. It was just:

  • general disorderly conduct,
  • vagrancy statutes,
  • lack of visible means of support.

This went on till about midnight, and Justice Chamberlain uttered those words that they waited to hear:

“Not guilty.”

Immediately as they walked out the front door of the courthouse—or the little tavern—John Reid, the attorney, said that they were seized by some fiends from hell from the next county over.

So the case is not over. Now it’s time to go to Colesville, Broome County.

The Second Trial in Colesville

Well, this constable is not nearly as considerate as the last one. He actually chained himself to Joseph. He fed him bread and water, and that’s all he had.

And as they tried to rest, whenever Joseph would move, he would jerk him to make sure he wasn’t trying to get away.

Now this time the charges are very similar. Except they added to it “casting out a devil” as a version of disorderly conduct.

Newel Knight was the recipient of that benefit.

And one of the questions that was put to Knight as they had this exchange was:

“Well, Mr. Knight, is it true that the devil was cast out of you?”

And he said, “Well, that’s correct.”

“Well then, did you see the devil?”

“Yes, sir, I did.”

“Well, would you please describe the devil to this court?”

He said, “Well, maybe I could first ask you a question.”

There’s objection, of course, and, “You need to answer the question.”

He says,

“I’ll answer the question if you’ll first answer my question. Do you believe in spiritual things that cannot be seen with a visible eye?”

And he said,

“Well, of course not. I’m a lawyer.”

And so he said,

“Well, then it would do no good to describe the devil to you because it would only be discerned by those who can see things spiritually.”

So they changed the subject and went on with 40 other witnesses.

Josiah Stowell came back, and many others.

Forty Hours of Testimony

And this went on for 18 hours. So it’s now been a total of 40 hours in a period of two days. And again, the result this time from a three-judge panel was “Not guilty.”

So this time the disgruntled participants decided that they needed to administer their own version of rough justice.

So they’re out front fashioning something to apply their own version to Joseph. And the two lawyers, and by now the repentant constable and the judge, hatch a plan.

So what they’ll do: one lawyer will go out front with the constable and detain the mob, while the other lawyer and the judge will go to the back room, open the window, and let Joseph and Oliver out through the woods.

And so they run the rest of the night, arriving home the remaining 15 miles, totally exhausted and ready to get out of New York.

Leaving New York

I guess although Joseph was exonerated in both trials, malicious rumors came to Emma’s parents, and they invited them to leave.

They basically disowned Emma and Joseph, and she never saw her parents again.

So here is where all of this happened. Harmony is the lower dot, and then just across the border is South Bainbridge, and Colesville is right next to it.

Palmyra is upstate, as you know.

The Move to Ohio

I didn’t mean to hit that one quite yet.

So it’s now time to start the westward movement. On New Year’s Day of 1831, the Lord told Joseph it’s time to go to Ohio, and there He will endow him with power and reveal the law of the Lord.

So now we’re in Ohio, and how did things go there?

During the seven years that Joseph and most of the Saints lived in Ohio, things went very well. The lawsuits that they brought and defended were done very successfully, but there were more suits there than anywhere during Joseph’s life.

A total of 66 if you count all the suits against the Kirtland Temple Committee.

Legal Successes in Kirtland

And these are just a few examples, ranging from performing marriages without a license to having to evict an armed mob from the temple.

They were charged with riot and assault. This is Joseph Sr. and some of the other family members, and they were acquitted by a justice of the peace named Oliver CCowdery, which was helpful.

The next week there was an arson of the printing press and the bookbindery next door.

Some mob was brought in, and not all cases were brought successfully. They did not have sufficient evidence to convict those five men.

The Kirtland Safety Society

The most serious case, though—the business disaster of Joseph’s life—involved another oxymoron: the Kirtland Safety Society. 2

This is a copy of the bank note that I have in my possession, March 9, 1837.

Now, this resulted from very difficult times on the western frontier. Credit was tight. Many banks were being formed that could issue their own bank notes so that there was more currency.

And like the others, the Saints got their own bank and got their press and started printing their notes. But unlike the others, they did not get a license. It was denied to them at the very last minute.

So they just stamped “Anti-Banking Safety Society,” and that was not quite sufficient.

A private suit was brought against them for banking without a license.

Six Lawsuits in a Single Day

And before I get to this, I need to tell you about while they were waiting for the case to be heard.

On the 27th of July, six suits were brought the same day against Joseph. And four of the six were actually heard that same day.

Here’s how he described the last thing that happened during the day as they were leaving town, having disposed of five of these:

“At sunset, I got into my son’s carriage to return home. At this moment, the sheriff sprang into our carriage, seized my lines, and served another writ on me, sworn out by a man who just a few weeks previous had brought a new-fashioned cooking stove to Kirtland and wished me to test it for him.”

That man thought that now would be a good time to get paid for it.

“I had to give my watch up to the officer for security, and then we all returned home.”

And as far as we know, he did not go through Painesville again. He found a way to circumvent Painesville, having endured that much harassment.

The Aftermath of the Safety Society Case

Now the next October is when this Safety Society case was heard.

It was apparently resolved against Joseph and some of the other officers, but they appealed the case. And while it was still pending, they moved from Ohio to Missouri.

It finally ended up in a default judgment against the assets of the Church that remained at that time. Through a various sequence of things, that included the Kirtland Temple. And some 25 years later, through this suit, it actually passed hands to the present owners in possession of the temple.

Often a charge that’s made against Joseph and the Saints is that the reason they fled out of Kirtland the way they did was to avoid their debts.

And it’s true that they were huge. $52,000 back then was a huge amount. 3

But Gordon Madsen and Jeff Walker, who work on our team, have determined that over 90% of that was paid, much of it long after they had left Ohio and their beloved temple.

Missouri: From Courts to Mob Rule

So now it’s on to Missouri. And you can see that this is a sweep across six states. How did things go in Missouri? Well, not very well.

We call it mob rule. They called it people in action, popular sovereignty.

The Mormons were very unpopular for a lot of reasons in Missouri.

  • They were considered religious fanatics.
  • They were taking the place over, coming in very large numbers.
  • They felt threatened in every possible way.
  • But the last straw was probably the fact that they were Northerners in a slave state.

The Destruction of the Morning and Evening Star

And in July of 1833, the publisher of the Morning and Evening Star published an issue describing the requirements for bringing freed-state slaves into Missouri.

The Missourians did not take kindly to that. This was an affront to their culture. It was certainly not illegal to bring freed slaves there, but they did not take well to that.

And so they took some matters into their own hands and decided that they would do this to the press and to the entire building. They dragged Bishop Partridge around. They tarred and feathered him, dragged him around the town square.

A Hollow Court Victory

So, the closest that the Church came to any success in court while they were in Missouri the entire time—and they brought many cases.

None were ever brought against them, by the way. There was no need. They simply took things into their own hands.

But the closest the Church came was when Bishop Partridge and W. W. Phelps sued the perpetrators of this civic action. And they went to court. And as usual, the defendants claimed self-defense.

The lawyers properly pointed out that there were two men against about 200. And that’s not much of a self-defense. So the judge had to agree that that’s correct.

And on the merits, then, they were upheld on their arguments. But they were awarded a total of one penny plus a peppercorn, which is the legal equivalent of an insult.

In other words, “We agree with you. You’re right on the law and on the merits, but get out. We don’t like you.”

Expulsion from Missouri

So from Jackson County they were expelled that same year. Actually, they were expelled twice from Missouri:

  • once from Jackson County,
  • and then later from the entire state.

These other locations were all really quite friendly to them.

Clay County, Ray County, Caldwell County was a county formed for themselves. It was a quarantine for the Mormons. Go there and maybe people won’t bother you if you stay put.

But they kept going, and many settled in Daviess County. So that was formed in that territory.

The Road to Liberty Jail

They formed Daviess County. And the real trouble that put Joseph in Liberty Jail (there’s another oxymoron) was Election Day in Daviess County. The first election in Gallatin. We won’t go through all of the details there.

But the short of it was Joseph and about 15 others had heard that after the Election Day riots, some of the Mormons were killed and left to rot, and no one could move the bodies. They would be picked clean by the buzzards.

And they did not take well to that. So they retaliated in a form that was peaceable, all parties thought. And yet they were sued and brought before an old enemy of theirs named Austin A. King from Jackson County.

And this was the beginning, really, of the so-called Mormon War of 1838.

The 1838 Mormon War and the Extermination Order

Through a series of events, this then resulted in the Extermination Order of October 27th. Almost everything really bad after Jackson County happened in a three-month period in 1838.

Here is Governor Boggs’s order to the commander of the Northern Militia after several hearings and false affidavits from disaffected leaders of the Church.

And here’s the famous statement:

“The Mormons must be treated as enemies and exterminated or driven from the state.”

That was rescinded, by the way, in 1976, exactly 30 years ago, by Governor Bond.

Haun’s Mill and the Fall of Far West

Now, just three days later, we had the Haun’s Mill Massacre. Then we had the siege of Far West on Halloween Day, appropriately, just the next day.

It wasn’t enough to have the Haun’s Mill Massacre. Now we need to surround the city and threaten total destruction of the entire city and everyone in it unless peace could be made.

And through various means, Joseph was captured with Hyrum and several of the leaders. They were ordered to be shot the next day.

Their former lawyer, who defended them in some of this action there in Missouri, Alexander Doniphan, was the one commanded to shoot them at the town square at noon the next day.

His answer was:

“What you have ordered is cold-blooded murder, and I will not perform it. And should you do that, I will see you brought before the judgment bar of God. So help me God.”

And so he backed down and remanded everyone over to that same Austin King. He then saw that they had a comfortable lodging in Richmond and then in Liberty.

Liberty Jail

Now, Liberty, of course, was a horrible place. But it was a bigger jail than they had anywhere else in Missouri at that time.

And so that’s where they spent almost six months. The worst six months of Joseph’s life, I would say, the longest time he was incarcerated. The entire First Presidency of the Church was in jail.

And why wasn’t the Twelve in jail? Well, because they were considered irrelevant.

A Prison and a Sacred Place

While Joseph was there, though, in this horrible prison, a dungeon of a prison, he also considered it a sacred place. And some of the most inspiring revelations came while he was there.

He wrote a 16-page letter home that became Sections 121, 122, and 123 of the Doctrine and Covenants.

And if you ever feel sorry for yourself:

  • feel like life is not fair
  • and it’s not treating you right
  • and it should do you better

read any of those sections and you’ll have a second thought.

Many of the lessons Joseph learned endured through the end and sustained him in Illinois.

The Saints Flee Missouri

Now, leadership, such as it was, was being provided by the Twelve. And who was the head of the Twelve after Thomas B. Marsh was gone?

Well, Brigham Young. And he had the experience of the first mass evacuation of the Saints. He was in charge, and they went east.

The thought was always to go west, but circumstances did not allow that. Joseph had talked about it. Brigham had planned for it. It was not to be. They went east, back across the river to Quincy, where again kind people received them.

Joseph Escapes and Rejoins the Saints

Well, now Joseph gets to escape during a change of venue from Liberty up to Boone County.

He finally gets to this new settlement that had been arranged by Brigham and Joseph and several others, this bend in the river.

And we know much about that. It’s not so much legal as physical and spiritual.

Nauvoo and a New Beginning

The next year, 1840, was probably Joseph’s best year of his life. He didn’t have a single lawsuit all year. He was out of jail.

They did not have a lot of success going to D.C. to get some redress from the federal government. But they got the Nauvoo Charter before the end of that year. And this was an amazing thing.

Three other cities had similar charters. But none of them implemented it quite as effectively as Nauvoo did.

They were basically given their own army, a local militia 3,000 strong. The Nauvoo Legion was the terror of southern Illinois. Now, it was never utilized except for ceremonial things, but it was always armed and dangerous, ready for action. Joseph saw to that, and this was well known.

The Power of Habeas Corpus

They were given their own independent judiciary.

And legally speaking, this is probably the most important thing in the city charter. Because they had the power of habeas corpus, which simply means if you’re arrested by somebody that you think is going to kill you or do you some serious harm, you send word.

You have one of your colleagues go to the nearest court that has this power. And that court can issue a writ of habeas corpus, which means stop everything. “Bring the body here”. We want to talk to this prisoner to see if he’s been falsely arrested and see what this is all about.

So, it’s a chance to have a second examination.

And this was used effectively over and over by Joseph, much to the chagrin of the neighbors, and was the main reason they wanted to repeal the Nauvoo Charter.

A City-State on the Mississippi

They were given their own mayor, John C. Bennett. (That’s another story.)

We have a city council. We even had a University of Nauvoo. This was really a very complete program. A little city-state is what we had in Nauvoo.

John C. Bennett and William Law

And legally things went very, very well. Starting with this man, John C. Bennett, who started off quite well. He was given some great promises in Section 124, but all of them were highly conditional.

And as it turns out, he was a saintly scoundrel. He was Joseph’s Judas.

Now, he was companioned with this man, who went to the First Presidency the very same week that John C. Bennett became the mayor. These two were kindred spirits.

And Joseph later, one week before he died, said that “all of our sorrows as a family have arisen through the influence of that one man.”

I had always attributed more to John C. Bennett than I had to William Law.

The man was converted to the gospel by John Taylor, who later said he was one of the most calculating and deceptive, but gracious and courteous, men that you would ever meet.

Internal Corrosion in Nauvoo

So we’ll put him out of the picture for now. Back to better things.

Those two were the start of the internal corrosion that finally brought the end of the Saints, Joseph, and Nauvoo.

But they were successful in electing their own man for governor. A good-looking man, very fair Supreme Court justice, far better than any governor they’d had before, Tom Ford.

Stephen A. Douglas and the First Extradition Case

They also were treated well judicially. Here’s Stephen A. Douglas. He’s the one on your right, not the left. This habeas corpus was not only used in Nauvoo, but it was also effectively applied when they were outside of Nauvoo.

On one occasion, Joseph was seized on the old writs that I told you about when they were still in Missouri. He left under the cover of night and got back across the river. So now they wanted him extradited back to Missouri.

Joseph had good legal counsel that made an effective case before Judge Douglas, and he acquitted Joseph. Joseph thanked him and then later blessed him and prophesied some famous things.

He said:

“Judge, you’re a good man. You’ve been a friend of the Saints. The day will come that you will aspire to the presidency of the United States. But if you should ever lift your hand against me or the Latter-day Saint people, the Almighty, you will feel the weight of the hand of the Almighty upon you, and you will remember this conversation to your final days.”

This was the first extradition case, and it did happen just that way when, in 1860, he ran against Lincoln. He was highly favored. Lincoln was a nobody, and Douglas finished fourth in a field of four.

The Steamboat Case and Joseph’s Bankruptcy

Now, not all the cases turned out well. The one that Elder Oaks and I researched for 10 years, starting when I was a third-year student at the University of Chicago Law School, started off harmlessly enough.

It was a simple business transaction in 1840 at Commerce.

Joseph and Hyrum and two others, including the Presiding Bishop, cosigned as guarantors for a businessman’s obligation to buy a steamboat.

The one who sold the steamboat was Robert E. Lee, who was then in charge of the river engineers to dredge the Mississippi.

With tensions growing over the war with Mexico, Lee was sent east to West Point and to New York Harbor, I should say. And he was told to auction off all of his equipment.

So the Mormons bought it. This was to be the first Mormon enterprise.

Unfortunately, before the note for $5,000 came due the next spring, the steamboat was sunk, and with it sank the fortunes of Joseph Smith financially.

The Bankruptcy Proceedings

About the same time that note came due, a bankruptcy law was passed. The first bankruptcy law in the history of the world where a person could go in and voluntarily rid himself of his own debts. And Joseph was amazed.

But the lawyer said, “It’s true. Everyone’s doing it. All of the people that owe you money are getting discharged. So you need to do this to protect yourself.”

So Joseph and about 26 others went to Springfield and they filed for bankruptcy. And all the others were released. Joseph was the only one that was singled out to not receive a discharge in bankruptcy.

And the reason was this same obligation.

By now, Robert E. Lee is writing letters saying, “I’m a little embarrassed. The note wasn’t paid. I thought it was well secured. The only one left now is Joseph Smith, who is thought to have the most assets. So, hold him back.”

The one who did that was the U.S. Attorney in Illinois, Justin Butterfield.

And I’ll tell you something about the second extradition case in just a minute that involved Butterfield and the judge who had jurisdiction over bankruptcy, Judge Pope, who was thought to be the best federal judge in Illinois.

The Second Extradition Case

That case came up at the end of 1842. All through May of 1842, a fellow named Boggs was shot in Missouri, and Orin Porter Rockwell was seized and put in jail.

They asked him later if he’s the one who shot Boggs, and he said, “He’s still alive. How could I be the one that shot him? He wouldn’t be alive if I had anything to do with it.”

So writs went out at Boggs’s request.

John C. Bennett was involved. Joseph was to be arrested and hauled back to Missouri as an accomplice before the fact, and Rockwell being the one who pulled the trigger.

It was never proved, but he was in hiding most of that year.

And finally, at the end of the year, he and Governor Ford arranged something where he could go before Judge Pope in the second extradition case and be heard.

And his lawyer, as I say, was Justin Butterfield.

Justin Butterfield’s Defense

Now, Butterfield was quite an effective advocate, as we’ll see. Judge Pope was a good, fair judge, and this was the most notorious case up to then in the history of Illinois.

This was the case to send the Mormon prophet back to Missouri, and everyone knew if he went back, he would be killed. So the town turned out for this show. The courtroom was absolutely packed.

And so the judge said, “I’ll invite all the women in the room to come up and sit by me.” So there were chairs up front in this big, beautiful courthouse. And so all the women are up front, including Mary Todd Lincoln.

So Butterfield, in his opening remarks, steps forward and addresses Judge Pope in this way:

“Your Honor, I come before the judge in the presence of these angels to defend the prophet of the Lord,”

which he did.

And that was a very successful case.

The Third Attempted Extradition

Not quite as happy was the third attempted extradition. Boggs was no longer able to do anything. That was decided by Judge Pope. But now they get a reindictment for those old Missouri charges.

And now Governor Ford agrees that Constable Wilson from Carthage can join with Constable Reynolds from Missouri, and they can take care of Joseph in their own way.

So they happened to seize Joseph while he’s out of his safe harbor in Nauvoo, up visiting family in Dixon in July of 1843.

The word came back in a very hurried way that Joseph had been seized and he was being bundled off to Missouri, and he may even be kidnapped and bound and gagged and on the river as they spoke.

So they sent the Maid of Iowa up and down the river to stop all the boats and search them to see if he was already on board.

And others went by land, out scurrying around.

The Nauvoo Legion Responds

But it was Hyrum who got the Nauvoo Legion mobilized, and they came out in force.

And so what we have here is these two constables who have Joseph in their custody, and the constables are in the custody of the Nauvoo Legion.

So the prisoners are prisoners of the prisoners.

And they all go marching back to Nauvoo except Joseph and Emma, who get to have a nice carriage ride. And when they reach Nauvoo, he goes to court. Of course, the habeas corpus does the usual job, and he is exonerated.

So that’s the third attempt. But at this point, things are really boiling over.

This is July 1843. This is when the word goes out that the Mormons are beyond the law. There is no way that you could ever get Joseph to answer for all his crimes and his past misbehavior as long as that city charter is protecting them.

Building the Temple Amid Increasing Opposition

Now, the other side of Joseph’s spiritual life, though, was focused primarily on the temple.

With all of these other escapades going on in the background, and fearing for his own safety and his well-being, he still pressed ahead with all that he had to build the temple.

And this was a five-year process.

He did not see it through to conclusion.

The King Follett Discourse

But his last general conference was the first week in April 1844. And this is when he preached his monumental King Follett Discourse and had so many spiritual experiences.

It was a beautiful, gorgeous spring day. They were out of doors on the banks of the river. The flowers were budding and the birds were singing.

And Joseph called this “the best and most glorious five consecutive days ever enjoyed by this generation.”

But then later, as he passed the temple on his way to Carthage, he said:

“This is the loveliest place and the best people on earth. Little do they know the trials that await them.”

The Nauvoo Expositor and the Road to Carthage

Well, here are the trials.

Just within days, a trio of brothers were excommunicated. Some already were out, actually.

And this was the Laws, two brothers, the Higbees, who were sons of one of Joseph’s dearest friends, Judge Elias Higbee, who was a revered and honorable man, and then two others, the Fosters.

And right now, one of the projects I have with the Joseph Smith Papers team is to trace a series of suits that these and other disaffected members brought against Joseph that whole year of 1844.

The Reformed Church and the Printing Press

But in April, just after general conference, they, now being cut off from the Church, met and organized their own reformed church with William Law as the president, Wilson as a counselor, and the Fosters were apostles—or one of the Higbees, one of the Fosters.

The next thing they did was to acquire a printing press.

And Francis Higbee said, “We’ll do this so that we’ll cause its own destruction. We want the press destroyed because the moment they lay a hand on the press”—this is his quote—”that will mark the downfall of Joseph Smith and all of Nauvoo.”

Very prophetic.

Now, this was the culmination, as I say, of this series of harassing suits. There were a dozen suits in 1844, all for the purpose of hauling Joseph out of Nauvoo to Carthage, where he could be killed in one way or another.

Joseph in Carthage One Month Earlier

So exactly one month to the day before he was killed, he was in Carthage answering some of these suits.

There were two grand jury indictments, and Francis Higbee had two other cases going, and three other disaffected members you wouldn’t even recognize had suits all going against Joseph at the same time.

So here he is at this Hamilton House, and we’ll get back to that in a little minute here. This is the only hotel in town.

The proprietor at first was thought to be unfriendly to the Mormons because, well, this is Carthage and everyone hates the Mormons here, and he had the patronage of his own people as well as those from out of town.

As we’ll see, though, he was a bit of a hero in his own right, Mr. Hamilton.

On the 27th of May, Joseph was there with Hyrum and others answering these charges, and he was warned that there was a conspiracy afoot to kill him.

The next day he would go to court, and either before or during or afterwards, Joseph Jackson was there with his arms and ammunition, and there were others that were prepared to kill him.

So now Samuel Smith, a member of the city council, gets into action with Hyrum, and they gather the friendly troops, well armed, and they escort Joseph to court.

The case is put over for lack of a witness, and they go back peaceably to Nauvoo.

But they learned, and their enemies learned, some key lessons from that experience.

One month later, of course, he’s back here again, and this house became not only an inn but also a mortuary for Joseph and Hyrum.

The Nauvoo Expositor Crisis

Now, I mentioned that the printing press came. And it was for the purpose of printing as many newspapers as necessary to cause its own destruction. And this didn’t take long.

On June 7th, the one and only issue was printed. The publishers were named right in the paper: the two Laws, the two Fosters, the two Higbees.

The editor was Sylvester Emmons, who actually was a non-member, and he was part of the city council. And Charles Ivins, who’s a distant relative of mine. My middle name is Ivins.

In any case, the city council took this very seriously.

  • They called their best legal counsel.
  • They consulted the legal authorities of the time.
  • They reviewed the cases.
  • They reviewed their own statutes, the State of Illinois, the First Amendment, Blackstone on Law from the Laws of England, the common law.

And their advice was that if they did not suppress the Expositor, there would be a riot, and there would be bloodshed, and there would be commotion. The whole town would be in turmoil. They took it very seriously.

And this issue, while we would read it today and say, “Well, this isn’t so bad,” they thought it was. So the best course, they thought, based on their legal advice, was to suppress it as a public nuisance. And this was done four days later, on the 11th of June.

Arrest Warrants and Habeas Corpus

Now, it didn’t take long to get a warrant for the arrest of Joseph and Hyrum and the entire city council. This writ was sworn out by Francis Higbee in Carthage, and a constable from Carthage, who Joseph called a very wrathful person, came.

And he was wrathful because Joseph said, “Well, we’ll go to our favorite court and have a habeas corpus hearing.”

And so that’s what they did, and the usual result occurred.

At this point, the editor of the Warsaw Signal—now we always think of Carthage because that’s where he was killed. But the real trouble came out of Warsaw, and it was largely because of the editor of the Warsaw Signal.

The same day that they had this habeas corpus hearing where everyone was exonerated, he called for the extermination of all Mormon leaders.

So this is bad.

Judge Jesse Thomas and the Final Hearing

The presiding judge of Illinois for that area at the time was a very great man, as Joseph described him, named Jesse Thomas.

And he said, “Now you’ve gone through your habeas corpus motions, and you see where it got you. I strongly urge you to have a full trial on the merits with witnesses, the whole nine yards, before a non-Mormon outside of Nauvoo.”

And he recommended Daniel H. Wells, who was a very prominent jurist and lived just outside of Nauvoo. And so at his rather stately home, a hearing was held.

He later did join the Church and went with the pioneers west and became Brigham Young’s counselor for 30 years.

But at the end of a very long day, the same decision was reached, and the entire city council was exonerated.

Now the Signal calls for the extermination of all Mormons everywhere in Illinois.

Forces Gathering Against Nauvoo

So here are the principal groups that are bringing this about.

It all starts and, in some ways, ultimately finishes with these three sets of brothers and others, the apostate group. Then we’ve got the media under the charge of this friendly fellow, Thomas Sharp, the Warsaw Signal.

What did he have against Joseph and the Mormons?

Well, I’m indebted to Brother Bushman for this little note in his book. We’re not really sure. He has no great history of this. He bought a losing newspaper, and I’m sure he felt that selling papers was his first charge.

And if you turn people against the Mormons and stir things up, that’ll sell a lot of newspapers. It always does.

Bad news will do that.

Joseph Smith and Thomas Sharp

But here’s something that Bushman put in his book. This is Joseph’s letter to him. He first invites Sharp to the groundbreaking of the Nauvoo Temple. They have a grand ceremony. Everybody’s very excited, and Joseph expects a wonderful column in the Warsaw Signal.

There’s Sharp right on the front row, grandstand seats. He’s wined and dined, literally, at the Smith home.

And then he goes back the next day and prints a very tame column.

He says,

“Well, they had a nice event, but I’m going to keep my eyes on those Mormons because they’re talking political things now. And if church and state are combined, I’m going to see that I can do all in my power to prevent that.”

So reading that, Joseph sends him this letter:

“Sir, you will discontinue my paper. Its contents are calculated to pollute me. To patronize your filthy sheet, that tissue of lies, that sink of iniquity, is disgraceful to any moral man. Yours with utter contempt, Joseph Smith.”

“P.S. Please publish the above in your contemptible paper.”

Well, he did.

Now, do you know anyone that ever won a name-calling contest with a newspaper editor?

So Sharp has his own revelation to give, and he says, “Yes, I will reveal that Joseph Smith has failed to pay for his subscription, the last that he has just cancelled.”

And so it went. The war was declared, and that’s Mr. Sharp.

The Final Days

Then, of course, we have the ever-lurking Missouri enemies.

Boggs is still there, and Bennett’s over there, and they’re stirring things up every way they know how, and they’re starting to come across the river.

Several ministers were very unhappy about the loss of some of their adherents to the Mormons. Actually, one of those who was tried for the murder was a very prominent Baptist minister.

Some politicians were also unhappy with the Mormons. Two of those were tried for the murder. They had been losing votes to the Mormons.

And then you had two businessmen who lost money to the Mormons in various ways. I won’t go into that.

So now things are reaching the end. The winding-up scene is near. Missourians are coming across in a big way, bringing arms, ammunition. Several large cannons seem to have been crossing the river. And then attacks are starting on the outlying settlements.

Joseph Appeals to Governor Ford

So now it’s time to get some help. And Joseph does two things.

One is to write a letter to Governor Ford saying, “You’ve never been to Nauvoo. You need to come and see this place for yourself and help me keep the peace.”

The second thing that he did as an interim measure was to declare martial law, which means it’s now under the charge of the Nauvoo Legion. They’ll keep an eye on everything that’s happening.

Everybody goes to bed at an early hour, off the streets, curfews, the whole thing. That turned out to be a very prudent but fateful move on Joseph’s part.

Conclusion

I cannot go there without emotion, and neither can you.

Well, today, as we go back to Nauvoo, we see that there are better times. That gorgeous temple has been rebuilt and was dedicated in 2002.

And we should all join where President Hinckley went back for that, as he has done so many other things, in saying:

“God be thanked for Joseph Smith and the greatest instrument of our restoration.” 4

The martyrs are in a place where “traitors and tyrants now fight them in vain.”5

Thank you.

Search topics

Joseph Smith legal trials; Joseph Smith lawsuits; Joseph Smith court cases; Joseph Smith criminal charges; Joseph Smith Papers Project; Legal Trials of the Prophet; Joseph I Bentley; glass looker trial; 1826 hearing; Josiah Stowell; South Bainbridge trial; Colesville trial; Newel Knight; Kirtland Safety Society; Kirtland legal cases; Missouri Mormon War; Liberty Jail; Missouri Extermination Order; Haun's Mill Massacre; Alexander Doniphan; Nauvoo Charter; habeas corpus Nauvoo; Nauvoo Legion; Stephen A Douglas and Joseph Smith; extradition cases; Judge Pope; Justin Butterfield; Robert E Lee steamboat case; bankruptcy proceedings; Nauvoo Expositor; Warsaw Signal; Thomas Sharp; Daniel H Wells; Jesse Thomas; Carthage Jail; Joseph Smith martyrdom; legal history of the Restoration

CES Letter; Mormon Church history; Mormon legal controversies; Joseph Smith criticism; anti-Mormon claims; Mormon origins criticism; LDS historical evidence; Mormon apologetics; Joseph Smith court records; Mormon persecution; Mormon Missouri conflict; Mormon Extermination Order; Joseph Smith arrest history; Mormon truth claims; Mormon historical documents; LDS Church history evidence; Mormon restoration claims; Mormon leadership controversies; Carthage conspiracy claims; Mormon historical criticism

FAQ / Common Questions

How many lawsuits was Joseph Smith involved in?

According to research cited by Joseph I. Bentley, Joseph Smith was involved in approximately 175 legal proceedings during his lifetime.

Was Joseph Smith ever convicted of a serious crime?

Bentley argues that Joseph Smith was acquitted, discharged, or otherwise cleared in many of the major criminal proceedings brought against him. The presentation discusses several early cases in New York and later extradition attempts that did not result in criminal convictions.

What was the 1826 "glass looker" case?

The 1826 hearing involved allegations related to treasure seeking and claims that Joseph Smith falsely pretended to discover lost goods. Bentley discusses evidence suggesting Joseph was discharged rather than convicted.

What was the Missouri Extermination Order?

Governor Lilburn W. Boggs issued Missouri Executive Order 44 on October 27, 1838, directing that Mormons be treated as enemies and driven from the state or exterminated. The order remained officially in effect until it was rescinded in 1976.

Why was Joseph Smith imprisoned in Liberty Jail?

Following the 1838 Missouri conflict, Joseph Smith and other Church leaders were arrested and held in Liberty Jail for nearly six months while awaiting legal proceedings.

What was the Nauvoo Charter?

The Nauvoo Charter granted the city significant municipal authority, including a local court system and the ability to issue writs of habeas corpus. These powers became a source of controversy among Nauvoo's opponents.

What was the Nauvoo Expositor?

The Nauvoo Expositor was a newspaper published by former Church members in June 1844. Its suppression by order of the Nauvoo City Council became a major factor in the events leading to Joseph Smith's arrest and death.

Why was Joseph Smith taken to Carthage Jail?

After charges connected to the destruction of the Nauvoo Expositor and subsequent accusations of treason, Joseph Smith surrendered to authorities and was confined in Carthage Jail, where he was killed by a mob on June 27, 1844.

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