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{{:Question: What were banks like at the time that the Kirtland Safety Society was established?}} | |||
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Joseph Smith, Jr. |
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Some attack Joseph Smith over the Kirtland Safety Society (KSS) on multiple grounds:
To see citations to the critical sources for these claims, [[../CriticalSources|click here]]
Some attack Joseph Smith over the Kirtland Safety Society (KSS) on multiple grounds:
To see citations to the critical sources for these claims, [[../CriticalSources|click here]]
Template loop detected: Question: What was the Kirtland Safety Society "anti-bank"?
Template loop detected: Question: Why were properties in the name of Joseph Smith?
After presenting a timeline of events associated with the KSS, this article will discuss:
The criticisms will then be addressed.
Template loop detected: Question: What were banks like at the time that the Kirtland Safety Society was established?
There is no evidence that the KSS was a “wildcat bank.” It was located in Kirtland, a large and thriving town in Ohio. The bank did not decline to exchange scrip for specie. In fact, this willingness to honor its notes created trouble for the bank early on, since they had insufficient funds to honor their notes after only about two weeks.
Starting operations without a charter was clearly an unwise decision. It is doubtful that Joseph and associates had time to receive detailed legal advice between the time their first charter application was denied and the beginning of banking operations,[4] but the documents creating the KSS clearly bear the marks of being drafted by legal counsel.[5] There are also marked differences between the documents prepared for a bank with a charter, and for the subsequent "anti-banking society," suggesting that Church leaders did not simply "rewrite" the original legal documents:
Joseph Smith, Sidney Rigdon and others directly involved were closely counseled by lawyers on the creation of the bank. The two organizing documents, of 2 November 1836, and 2 January 1837, respectively, are unlikely products of a lay hand. Quite plainly, they were drawn by counsel. Moreover, the differences between the two documents indicate legal craftsmanship, even more strongly than the style and content of the documents themselves. The organization of the Society, its form and legality, were matters upon which Joseph Smith obviously had close legal counsel and assistance. It is our conclusion that the legal advice he received was incorrect, or at best poor. It seems likely that Benjamin Bissell was the lawyer who counseled Joseph Smith concerning the bank, and who drew the organizing documents in both versions. It was Bissell who had been implicitly repealed by the Ohio legislature in 1824, and who unsuccessfully defended Joseph Smith and Sidney Rigdon in the litigation contesting the legality of the bank.[6]
Furthermore, there was considerable debate as to whether the anti-banking laws were even constitutional.
A second charter application was made with the support of Joseph Smith’s non-LDS lawyer, Benjamin Bissell, and other non-Mormons. The bank’s supporters probably hoped that they could eventually get a charter when the political circumstances were more favorable, and the support of legal and political personalities probably encouraged them in their course of action.
Clearly, Joseph and his supporters did not simply set out to be reckless; they had both political and legal perspectives which gave them cause for optimism.
Even with a charter the Kirtland bank likely would have failed during the economic turmoil of 1837. At best a charter would have allowed the bank to survive a few months longer to close without raising a flurry of law suits and apostasy and to be known by posterity as a simple business failure rather than as a shady venture. It is also clear that with or without the bank the economic turmoil that began in 1837 would have wrecked the Mormon community in Kirtland because of its highly levered position and the extremely short term nature of its debts…painful as it was the bank affair probably did little to alter the course of Mormon history.[7]
In short, the KSS was found by a jury to be an illegal bank. The leaders of the Church made a sincere effort to solve the pressing financial problems which beset them, and were probably hasty and somewhat naïve about the undertaking. There does not seem to have been a willful effort to deceive or extort. And, the legal issues are not entirely clear, even in retrospect:
The question whether the activities of the Society in 1837 were indeed unlawful under Ohio law requires considerable and fairly sophisticated legal analysis. Although we are now satisfied that the activities of the Society did indeed violate the proscriptions of the 1816 Ohio Statute, that conclusion is not entirely free from doubt, even with the benefit of hindsight. It must have been much less clear in 1837, when Joseph Smith was faced with a decision as to how to proceed in the face of the refusal of the Ohio Legislature to grant a charter.[8]
In any case, the financial crisis of 1837 likely could not have been averted even if all the legalities had been observed.
Joseph did not profit personally from the bank, and withdrew his support before the failure. Joseph probably suffered more legal repercussions than anyone from the event. There is no evidence that Joseph was “getting rich,” or attempting to do so, from the bank. He paid more for his stock in the bank than 85% of the subscribers, and he put more of his own money into the bank than anyone else, save one person.[9]
In June 1837, Kirtland land values had increased by 800% in just one year, so the idea of backing the bank with land does not seem unreasonable.
Furthermore, the bank's weakness became a drain on Joseph, and he expended considerable resources trying to save it—including obtaining three new loans—which only worsened his position in the end.[10]
Joseph was left with debts of $100,000. He had that value in goods and land, but it was difficult to convert these to cash. (Ironically, it was this very issue which had led to the bank's formation in the first place.)
Joseph fled for fear of his life, but also left creditors behind. Admirably, even as late as 1843, he continued to work to settle his Kirtland debts, even though he was far away in Nauvoo and effectively beyond the reach of his creditors.[11] In a 23 June 1874 speech, Brigham Young indicated that "some of his [Joseph's] debts had to be settled afterwards; and I am thankful to say that they were settled up."[12]
Joseph did not record or claim a revelation on the formation of the Kirtland Safety Society. It seems, rather, to have been his attempt to solve a complex and serious problem that probably had no good solution given the financial tools available to him. His anxiety to solve the Church’s financial problems led to difficulty, but Joseph was not alone: hundreds of thousands of frontier settlers had to resort to similar tactics:
Joseph insisted that a prophet was only a prophet when he was acting as such. The Kirtland Bank episode is a good example of fallible men doing their best to solve an intractable problem. (Joseph also emphasized that there was no expectation of success if members did not follow his counsel--which they did not.)
Brigham Young described an incident from his own life that speaks to the KSS period:
Thus, Brigham did not deny the error, or insist that it could not happen. But, he did not allow himself to be distracted by it.
The Kirtland Safety Society Anti-Banking Company is an important part of our church history, having, as it did, a significant role in the Kirtland apostasy. Yet, to date, it has received much more attention from anti-Mormons, or “the other guys”, than from our own scholars and apologists. As a result, there are a large number of myths about the Safety Society that the other guys use to criticize Joseph Smith and destroy faith.
Today, I’m going to lay the episode wide open. We’ll see the myths that have sprung from the creative minds of interested parties, the facts will be laid bare, and in doing so, we’ll see why the Prophet deserves a good name.
Some attack Joseph Smith over the Kirtland Safety Society (KSS) on multiple grounds:
To see citations to the critical sources for these claims, [[../CriticalSources|click here]]
Template loop detected: Question: What was the Kirtland Safety Society "anti-bank"?
Template loop detected: Question: Why were properties in the name of Joseph Smith?
After presenting a timeline of events associated with the KSS, this article will discuss:
The criticisms will then be addressed.
Template loop detected: Question: What were banks like at the time that the Kirtland Safety Society was established?
There is no evidence that the KSS was a “wildcat bank.” It was located in Kirtland, a large and thriving town in Ohio. The bank did not decline to exchange scrip for specie. In fact, this willingness to honor its notes created trouble for the bank early on, since they had insufficient funds to honor their notes after only about two weeks.
Starting operations without a charter was clearly an unwise decision. It is doubtful that Joseph and associates had time to receive detailed legal advice between the time their first charter application was denied and the beginning of banking operations,[18] but the documents creating the KSS clearly bear the marks of being drafted by legal counsel.[19] There are also marked differences between the documents prepared for a bank with a charter, and for the subsequent "anti-banking society," suggesting that Church leaders did not simply "rewrite" the original legal documents:
Joseph Smith, Sidney Rigdon and others directly involved were closely counseled by lawyers on the creation of the bank. The two organizing documents, of 2 November 1836, and 2 January 1837, respectively, are unlikely products of a lay hand. Quite plainly, they were drawn by counsel. Moreover, the differences between the two documents indicate legal craftsmanship, even more strongly than the style and content of the documents themselves. The organization of the Society, its form and legality, were matters upon which Joseph Smith obviously had close legal counsel and assistance. It is our conclusion that the legal advice he received was incorrect, or at best poor. It seems likely that Benjamin Bissell was the lawyer who counseled Joseph Smith concerning the bank, and who drew the organizing documents in both versions. It was Bissell who had been implicitly repealed by the Ohio legislature in 1824, and who unsuccessfully defended Joseph Smith and Sidney Rigdon in the litigation contesting the legality of the bank.[20]
Furthermore, there was considerable debate as to whether the anti-banking laws were even constitutional.
A second charter application was made with the support of Joseph Smith’s non-LDS lawyer, Benjamin Bissell, and other non-Mormons. The bank’s supporters probably hoped that they could eventually get a charter when the political circumstances were more favorable, and the support of legal and political personalities probably encouraged them in their course of action.
Clearly, Joseph and his supporters did not simply set out to be reckless; they had both political and legal perspectives which gave them cause for optimism.
Even with a charter the Kirtland bank likely would have failed during the economic turmoil of 1837. At best a charter would have allowed the bank to survive a few months longer to close without raising a flurry of law suits and apostasy and to be known by posterity as a simple business failure rather than as a shady venture. It is also clear that with or without the bank the economic turmoil that began in 1837 would have wrecked the Mormon community in Kirtland because of its highly levered position and the extremely short term nature of its debts…painful as it was the bank affair probably did little to alter the course of Mormon history.[21]
In short, the KSS was found by a jury to be an illegal bank. The leaders of the Church made a sincere effort to solve the pressing financial problems which beset them, and were probably hasty and somewhat naïve about the undertaking. There does not seem to have been a willful effort to deceive or extort. And, the legal issues are not entirely clear, even in retrospect:
The question whether the activities of the Society in 1837 were indeed unlawful under Ohio law requires considerable and fairly sophisticated legal analysis. Although we are now satisfied that the activities of the Society did indeed violate the proscriptions of the 1816 Ohio Statute, that conclusion is not entirely free from doubt, even with the benefit of hindsight. It must have been much less clear in 1837, when Joseph Smith was faced with a decision as to how to proceed in the face of the refusal of the Ohio Legislature to grant a charter.[22]
In any case, the financial crisis of 1837 likely could not have been averted even if all the legalities had been observed.
Joseph did not profit personally from the bank, and withdrew his support before the failure. Joseph probably suffered more legal repercussions than anyone from the event. There is no evidence that Joseph was “getting rich,” or attempting to do so, from the bank. He paid more for his stock in the bank than 85% of the subscribers, and he put more of his own money into the bank than anyone else, save one person.[23]
In June 1837, Kirtland land values had increased by 800% in just one year, so the idea of backing the bank with land does not seem unreasonable.
Furthermore, the bank's weakness became a drain on Joseph, and he expended considerable resources trying to save it—including obtaining three new loans—which only worsened his position in the end.[24]
Joseph was left with debts of $100,000. He had that value in goods and land, but it was difficult to convert these to cash. (Ironically, it was this very issue which had led to the bank's formation in the first place.)
Joseph fled for fear of his life, but also left creditors behind. Admirably, even as late as 1843, he continued to work to settle his Kirtland debts, even though he was far away in Nauvoo and effectively beyond the reach of his creditors.[25] In a 23 June 1874 speech, Brigham Young indicated that "some of his [Joseph's] debts had to be settled afterwards; and I am thankful to say that they were settled up."[26]
Joseph did not record or claim a revelation on the formation of the Kirtland Safety Society. It seems, rather, to have been his attempt to solve a complex and serious problem that probably had no good solution given the financial tools available to him. His anxiety to solve the Church’s financial problems led to difficulty, but Joseph was not alone: hundreds of thousands of frontier settlers had to resort to similar tactics:
Joseph insisted that a prophet was only a prophet when he was acting as such. The Kirtland Bank episode is a good example of fallible men doing their best to solve an intractable problem. (Joseph also emphasized that there was no expectation of success if members did not follow his counsel--which they did not.)
Brigham Young described an incident from his own life that speaks to the KSS period:
Thus, Brigham did not deny the error, or insist that it could not happen. But, he did not allow himself to be distracted by it.
The Kirtland Safety Society Anti-Banking Company is an important part of our church history, having, as it did, a significant role in the Kirtland apostasy. Yet, to date, it has received much more attention from anti-Mormons, or “the other guys”, than from our own scholars and apologists. As a result, there are a large number of myths about the Safety Society that the other guys use to criticize Joseph Smith and destroy faith.
Today, I’m going to lay the episode wide open. We’ll see the myths that have sprung from the creative minds of interested parties, the facts will be laid bare, and in doing so, we’ll see why the Prophet deserves a good name.
After presenting a timeline of events associated with the KSS, this article will discuss:
The criticisms will then be addressed.
Some attack Joseph Smith over the Kirtland Safety Society (KSS) on multiple grounds:
To see citations to the critical sources for these claims, [[../CriticalSources|click here]]
Template loop detected: Question: What was the Kirtland Safety Society "anti-bank"?
Template loop detected: Question: Why were properties in the name of Joseph Smith?
After presenting a timeline of events associated with the KSS, this article will discuss:
The criticisms will then be addressed.
Template loop detected: Question: What were banks like at the time that the Kirtland Safety Society was established?
There is no evidence that the KSS was a “wildcat bank.” It was located in Kirtland, a large and thriving town in Ohio. The bank did not decline to exchange scrip for specie. In fact, this willingness to honor its notes created trouble for the bank early on, since they had insufficient funds to honor their notes after only about two weeks.
Starting operations without a charter was clearly an unwise decision. It is doubtful that Joseph and associates had time to receive detailed legal advice between the time their first charter application was denied and the beginning of banking operations,[35] but the documents creating the KSS clearly bear the marks of being drafted by legal counsel.[36] There are also marked differences between the documents prepared for a bank with a charter, and for the subsequent "anti-banking society," suggesting that Church leaders did not simply "rewrite" the original legal documents:
Joseph Smith, Sidney Rigdon and others directly involved were closely counseled by lawyers on the creation of the bank. The two organizing documents, of 2 November 1836, and 2 January 1837, respectively, are unlikely products of a lay hand. Quite plainly, they were drawn by counsel. Moreover, the differences between the two documents indicate legal craftsmanship, even more strongly than the style and content of the documents themselves. The organization of the Society, its form and legality, were matters upon which Joseph Smith obviously had close legal counsel and assistance. It is our conclusion that the legal advice he received was incorrect, or at best poor. It seems likely that Benjamin Bissell was the lawyer who counseled Joseph Smith concerning the bank, and who drew the organizing documents in both versions. It was Bissell who had been implicitly repealed by the Ohio legislature in 1824, and who unsuccessfully defended Joseph Smith and Sidney Rigdon in the litigation contesting the legality of the bank.[37]
Furthermore, there was considerable debate as to whether the anti-banking laws were even constitutional.
A second charter application was made with the support of Joseph Smith’s non-LDS lawyer, Benjamin Bissell, and other non-Mormons. The bank’s supporters probably hoped that they could eventually get a charter when the political circumstances were more favorable, and the support of legal and political personalities probably encouraged them in their course of action.
Clearly, Joseph and his supporters did not simply set out to be reckless; they had both political and legal perspectives which gave them cause for optimism.
Even with a charter the Kirtland bank likely would have failed during the economic turmoil of 1837. At best a charter would have allowed the bank to survive a few months longer to close without raising a flurry of law suits and apostasy and to be known by posterity as a simple business failure rather than as a shady venture. It is also clear that with or without the bank the economic turmoil that began in 1837 would have wrecked the Mormon community in Kirtland because of its highly levered position and the extremely short term nature of its debts…painful as it was the bank affair probably did little to alter the course of Mormon history.[38]
In short, the KSS was found by a jury to be an illegal bank. The leaders of the Church made a sincere effort to solve the pressing financial problems which beset them, and were probably hasty and somewhat naïve about the undertaking. There does not seem to have been a willful effort to deceive or extort. And, the legal issues are not entirely clear, even in retrospect:
The question whether the activities of the Society in 1837 were indeed unlawful under Ohio law requires considerable and fairly sophisticated legal analysis. Although we are now satisfied that the activities of the Society did indeed violate the proscriptions of the 1816 Ohio Statute, that conclusion is not entirely free from doubt, even with the benefit of hindsight. It must have been much less clear in 1837, when Joseph Smith was faced with a decision as to how to proceed in the face of the refusal of the Ohio Legislature to grant a charter.[39]
In any case, the financial crisis of 1837 likely could not have been averted even if all the legalities had been observed.
Joseph did not profit personally from the bank, and withdrew his support before the failure. Joseph probably suffered more legal repercussions than anyone from the event. There is no evidence that Joseph was “getting rich,” or attempting to do so, from the bank. He paid more for his stock in the bank than 85% of the subscribers, and he put more of his own money into the bank than anyone else, save one person.[40]
In June 1837, Kirtland land values had increased by 800% in just one year, so the idea of backing the bank with land does not seem unreasonable.
Furthermore, the bank's weakness became a drain on Joseph, and he expended considerable resources trying to save it—including obtaining three new loans—which only worsened his position in the end.[41]
Joseph was left with debts of $100,000. He had that value in goods and land, but it was difficult to convert these to cash. (Ironically, it was this very issue which had led to the bank's formation in the first place.)
Joseph fled for fear of his life, but also left creditors behind. Admirably, even as late as 1843, he continued to work to settle his Kirtland debts, even though he was far away in Nauvoo and effectively beyond the reach of his creditors.[42] In a 23 June 1874 speech, Brigham Young indicated that "some of his [Joseph's] debts had to be settled afterwards; and I am thankful to say that they were settled up."[43]
Joseph did not record or claim a revelation on the formation of the Kirtland Safety Society. It seems, rather, to have been his attempt to solve a complex and serious problem that probably had no good solution given the financial tools available to him. His anxiety to solve the Church’s financial problems led to difficulty, but Joseph was not alone: hundreds of thousands of frontier settlers had to resort to similar tactics:
Joseph insisted that a prophet was only a prophet when he was acting as such. The Kirtland Bank episode is a good example of fallible men doing their best to solve an intractable problem. (Joseph also emphasized that there was no expectation of success if members did not follow his counsel--which they did not.)
Brigham Young described an incident from his own life that speaks to the KSS period:
Thus, Brigham did not deny the error, or insist that it could not happen. But, he did not allow himself to be distracted by it.
The Kirtland Safety Society Anti-Banking Company is an important part of our church history, having, as it did, a significant role in the Kirtland apostasy. Yet, to date, it has received much more attention from anti-Mormons, or “the other guys”, than from our own scholars and apologists. As a result, there are a large number of myths about the Safety Society that the other guys use to criticize Joseph Smith and destroy faith.
Today, I’m going to lay the episode wide open. We’ll see the myths that have sprung from the creative minds of interested parties, the facts will be laid bare, and in doing so, we’ll see why the Prophet deserves a good name.
There is no evidence that the KSS was a “wildcat bank.” It was located in Kirtland, a large and thriving town in Ohio. The bank did not decline to exchange scrip for specie. In fact, this willingness to honor its notes created trouble for the bank early on, since they had insufficient funds to honor their notes after only about two weeks.
Starting operations without a charter was clearly an unwise decision. It is doubtful that Joseph and associates had time to receive detailed legal advice between the time their first charter application was denied and the beginning of banking operations,[46] but the documents creating the KSS clearly bear the marks of being drafted by legal counsel.[47] There are also marked differences between the documents prepared for a bank with a charter, and for the subsequent "anti-banking society," suggesting that Church leaders did not simply "rewrite" the original legal documents:
Joseph Smith, Sidney Rigdon and others directly involved were closely counseled by lawyers on the creation of the bank. The two organizing documents, of 2 November 1836, and 2 January 1837, respectively, are unlikely products of a lay hand. Quite plainly, they were drawn by counsel. Moreover, the differences between the two documents indicate legal craftsmanship, even more strongly than the style and content of the documents themselves. The organization of the Society, its form and legality, were matters upon which Joseph Smith obviously had close legal counsel and assistance. It is our conclusion that the legal advice he received was incorrect, or at best poor. It seems likely that Benjamin Bissell was the lawyer who counseled Joseph Smith concerning the bank, and who drew the organizing documents in both versions. It was Bissell who had been implicitly repealed by the Ohio legislature in 1824, and who unsuccessfully defended Joseph Smith and Sidney Rigdon in the litigation contesting the legality of the bank.[48]
Furthermore, there was considerable debate as to whether the anti-banking laws were even constitutional.
A second charter application was made with the support of Joseph Smith’s non-LDS lawyer, Benjamin Bissell, and other non-Mormons. The bank’s supporters probably hoped that they could eventually get a charter when the political circumstances were more favorable, and the support of legal and political personalities probably encouraged them in their course of action.
Clearly, Joseph and his supporters did not simply set out to be reckless; they had both political and legal perspectives which gave them cause for optimism.
Even with a charter the Kirtland bank likely would have failed during the economic turmoil of 1837. At best a charter would have allowed the bank to survive a few months longer to close without raising a flurry of law suits and apostasy and to be known by posterity as a simple business failure rather than as a shady venture. It is also clear that with or without the bank the economic turmoil that began in 1837 would have wrecked the Mormon community in Kirtland because of its highly levered position and the extremely short term nature of its debts…painful as it was the bank affair probably did little to alter the course of Mormon history.[49]
In short, the KSS was found by a jury to be an illegal bank. The leaders of the Church made a sincere effort to solve the pressing financial problems which beset them, and were probably hasty and somewhat naïve about the undertaking. There does not seem to have been a willful effort to deceive or extort. And, the legal issues are not entirely clear, even in retrospect:
The question whether the activities of the Society in 1837 were indeed unlawful under Ohio law requires considerable and fairly sophisticated legal analysis. Although we are now satisfied that the activities of the Society did indeed violate the proscriptions of the 1816 Ohio Statute, that conclusion is not entirely free from doubt, even with the benefit of hindsight. It must have been much less clear in 1837, when Joseph Smith was faced with a decision as to how to proceed in the face of the refusal of the Ohio Legislature to grant a charter.[50]
In any case, the financial crisis of 1837 likely could not have been averted even if all the legalities had been observed.
Joseph did not profit personally from the bank, and withdrew his support before the failure. Joseph probably suffered more legal repercussions than anyone from the event. There is no evidence that Joseph was “getting rich,” or attempting to do so, from the bank. He paid more for his stock in the bank than 85% of the subscribers, and he put more of his own money into the bank than anyone else, save one person.[51]
In June 1837, Kirtland land values had increased by 800% in just one year, so the idea of backing the bank with land does not seem unreasonable.
Furthermore, the bank's weakness became a drain on Joseph, and he expended considerable resources trying to save it—including obtaining three new loans—which only worsened his position in the end.[52]
Joseph was left with debts of $100,000. He had that value in goods and land, but it was difficult to convert these to cash. (Ironically, it was this very issue which had led to the bank's formation in the first place.)
Joseph fled for fear of his life, but also left creditors behind. Admirably, even as late as 1843, he continued to work to settle his Kirtland debts, even though he was far away in Nauvoo and effectively beyond the reach of his creditors.[53] In a 23 June 1874 speech, Brigham Young indicated that "some of his [Joseph's] debts had to be settled afterwards; and I am thankful to say that they were settled up."[54]
Joseph did not record or claim a revelation on the formation of the Kirtland Safety Society. It seems, rather, to have been his attempt to solve a complex and serious problem that probably had no good solution given the financial tools available to him. His anxiety to solve the Church’s financial problems led to difficulty, but Joseph was not alone: hundreds of thousands of frontier settlers had to resort to similar tactics:
Joseph insisted that a prophet was only a prophet when he was acting as such. The Kirtland Bank episode is a good example of fallible men doing their best to solve an intractable problem. (Joseph also emphasized that there was no expectation of success if members did not follow his counsel--which they did not.)
Brigham Young described an incident from his own life that speaks to the KSS period:
Thus, Brigham did not deny the error, or insist that it could not happen. But, he did not allow himself to be distracted by it.
The Kirtland Safety Society Anti-Banking Company is an important part of our church history, having, as it did, a significant role in the Kirtland apostasy. Yet, to date, it has received much more attention from anti-Mormons, or “the other guys”, than from our own scholars and apologists. As a result, there are a large number of myths about the Safety Society that the other guys use to criticize Joseph Smith and destroy faith.
Today, I’m going to lay the episode wide open. We’ll see the myths that have sprung from the creative minds of interested parties, the facts will be laid bare, and in doing so, we’ll see why the Prophet deserves a good name.
Notes
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