
FAIR is a non-profit organization dedicated to providing well-documented answers to criticisms of the doctrine, practice, and history of The Church of Jesus Christ of Latter-day Saints.
| Claims made in "Chapter 20: In the Quiver of the Almighty" | A FAIR Analysis of: No Man Knows My History: The Life of Joseph Smith A work by author: Fawn Brodie
|
Claims made in "Chapter 22: The Bennett Explosion" |
The doctrine of polygamy was secretly taught but publicly denied.
It is true that Joseph did not always tell others about plural marriage. One critic of the Church claims, "Joseph Smith publicly lied about his practice of polygamy, and lied to his own wife (Emma) about the practice." [1]
Joseph did, however, make an attempt to teach the doctrine to the Saints. When Joseph tried to teach the doctrine, it was rejected by many Saints, including Emma, his wife. Joseph then began to teach the doctrine privately to those who would obey. A contemporary journal describes the reaction to Joseph's attempt to teach this doctrine:
When the prophet "went to his dinner," [Joseph Lee] Robinson wrote, "as it might be expected several of the first women of the church collected at the Prophet’s house with his wife [and] said thus to the prophet Joseph O mister Smith you have done it now it will never do it is all but Blassphemy you must take back what you have said to day is it is outrageous it would ruin us as a people." So in the afternoon session Smith again took the stand, according to Robinson, and said "Brethren and Sisters I take back what we said this morning and leave it as though there had been nothing said."[2]
Keeping the doctrine private was also necessary because the enemies of the Church would have used it as another justification for their assault on the Saints. Orson Hyde looked back on the Nauvoo days and indicated what the consequences of disclosure would have been:
In olden times they might have passed through the same circumstances as some of the Latter-day Saints had to in Illinois. What would it have done for us, if they had known that many of us had more than one wife when we lived in Illinois? They would have broken us up, doubtless, worse than they did.[3]
It is thus important to realize that the public preaching of polygamy—or announcing it to the general Church membership, thereby informing the public by proxy—was simply not a feasible plan.
This statement refers to Joseph's well-known declaration on 26 May 1844 in his "Address of the Prophet—His Testimony Against the Dissenters at Nauvoo". Significantly, this address was given the day after the Laws sought to have Joseph indicted for adultery in the case of Maria Lawrence. (They also sought to indict him on a charge of perjury.)
Many have criticized or been concerned by the secrecy with which Joseph instituted plural marriage without appreciating the realities of the dangers involved. Illinois law only criminalized adultery or fornication if it was "open". Since Joseph was sealed to his plural wives for either eternity, or for time and eternity, he did not view these relationships as constituting adultery or fornication. Therefore, under Illinois law, as long as Joseph and his plural wives did not live in an "open," or "public," manner, they were not guilty of breaking any civil law then in force in Illinois. Furthermore, this reality explains some of Joseph's public denials, since he could be truthfully said to not be guilty of the charges leveled against him: he was not committing adultery or fornication.
History of The Church 6:410-411:
I had not been married scarcely five minutes, and made one proclamation of the Gospel, before it was reported that I had seven wives. I mean to live and proclaim the truth as long as I can.
This new holy prophet [William Law] has gone to Carthage and swore that I had told him that I was guilty of adultery. This spiritual wifeism! Why, a man dares not speak or wink, for fear of being accused of this.[4]....
A man asked me whether the commandment was given that a man may have seven wives; and now the new prophet has charged me with adultery. I never had any fuss with these men until that Female Relief Society brought out the paper against adulterers and adulteresses.
Dr. Goforth was invited into the Laws' clique, and Dr. Foster and the clique were dissatisfied with that document,[5] and they rush away and leave the Church, and conspire to take away my life; and because I will not countenance such wickedness,[6] they proclaim that I have been a true prophet, but that I am now a fallen prophet.
[Joseph H.] Jackson[7] has committed murder, robbery, and perjury; and I can prove it by half-a-dozen witnesses. Jackson got up and said—"By God, he is innocent," and now swears that I am guilty. He threatened my life.
There is another Law, not the prophet, who was cashiered for dishonesty and robbing the government. Wilson Law also swears that I told him I was guilty of adultery. Brother Jonathan Dunham can swear to the contrary. I have been chained. I have rattled chains before in a dungeon for the truth's sake. I am innocent of all these charges, and you can bear witness of my innocence, for you know me yourselves.
When I love the poor, I ask no favors of the rich. I can go to the cross—I can lay down my life; but don't forsake me. I want the friendship of my brethren.—Let us teach the things of Jesus Christ. Pride goes before destruction, and a haughty spirit before a downfall.
Be meek and lowly, upright and pure; render good for evil. If you bring on yourselves your own destruction, I will complain. It is not right for a man to bare down his neck to the oppressor always. Be humble and patient in all circumstances of life; we shall then triumph more gloriously. What a thing it is for a man to be accused of committing adultery, and having seven wives, when I can only find one.
I am the same man, and as innocent as I was fourteen years ago; and I can prove them all perjurers. I labored with these apostates myself until I was out of all manner of patience; and then I sent my brother Hyrum, whom they virtually kicked out of doors.[8]
Note the rejection of the term "spiritual wifeism". Note that "spiritual wifeism" likely refers to John C. Bennett's pattern of seduction and sexual license, which the Saints were always at pains to deny.
In light of the circumstances under which they were spoken, Joseph's words were carefully chosen. Joseph was not merely bluffing, nor was he lying—he literally could prove that the Laws were perjuring themselves on this point in the charges brought only the day before.
Bradshaw cites a portion of Joseph's above statement, and then concludes:
A review of Joseph's remarks in light of the circumstances under which they were spoken shows that Joseph's words were carefully chosen. In this speech, Joseph was specifically reacting to the indictments for perjury and adultery that were presented by the grand jury the day earlier. Thus, when Joseph affirmed during the same speech: "I am innocent of all these charges," he was in particular refuting a claim that he and Maria [Lawrence] had openly and notoriously cohabitated, thus committing the statutory offense of adultery. He was also refuting the perjury charge. While the overall tone of Joseph's remarks may seem misleading, it is understandable that Joseph would have taken pains to dodge the plural marriage issue. By keeping his plural marriages in Nauvoo secret, Joseph effectively kept them legal, at least under the Illinois adultery statute.[9]:413
Joseph Smith was, in fact, once charged with adultery under Illinois Law. This occurred shortly before his death, when Robert Foster, William Law (Joseph's former counselor in the First Presidency) and Law's brother Wilson charged Joseph with adultery in the case of Maria Lawrence.[9]:403,414 Joseph took an aggressive stance in the defense of himself and Maria, which would be surprising if Illinois law was as detrimental to his case as many have assumed.
For example, as soon as Joseph was charged, two days later he and his supporters "rode to Carthage, intent on having" the charge "'investigated.'"[9]:404
It is vital to understand, however, that:
Joseph Smith could not have been properly convicted of adultery under the law of Illinois in 1844. Illinois law only criminalized adultery or fornication if it was "open". Had Joseph lived to face trial on this charge, he would have had good reason to expect acquittal because his relationships with his plural wives were not open, but were kept confidential and known by a relative few. Given a fair trial on this indictment, Joseph could have relied on several legal defenses.[9]:402
The same author emphasized:
The term "open" in [the Illinois Criminal Code of the day[10]] is a key element of this crime. The meaning of this term was then and still today is generally understood in law to cover conduct that is "notorious," "exposed to public view," or "visible," and which is "not clandestine." Joseph's relationships with his plural wives did not meet this definition.[9]:408
Two cases decided after Joseph's death but under the same legal regime likewise demonstrate that there was nothing about Maria and Joseph's relationship (regardless of whether or not they had sexual relations) which would have permitted conviction under the Illinois adultery statute. Additionally, Stephen R. Douglas (the famed Illinois judge and later candidate for the presidency of the United States) and Thomas Ford (the governor of Illinois at the time of Joseph's murder) prosecuted adultery cases during their legal careers and both were definitive that an "open" and "notorious" aspect to the cohabitation had to be proven under the statute.[9]:408-411
By contrast, had Joseph been charged by his wife Emma with adultery, this could have served as grounds for divorce, and did not require the stringent requirements of being "open" or "notorious."[11]
Even Joseph's near-contemporaries would later realize that Illinois law would probably support the practice of Latter-day Saint plural marriage, perhaps even if done so openly.
Recognizing the breadth of [the] state constitutional provision [for religious freedom] as it stood in 1844, Illinois adopted a new constitution in 1869 that introduced a number of changes in the clause governing religious liberty, including wording specifically intended to give the state authority to prohibit Mormon polygamy or other religiously-based practices that might be deemed offensive. Comments by certain delegates to the 1869 Illinois Constitutional Convention show taht there was a concern that the Mormon practice of plural marriage could be protected under the state constitution....
Several delegates expressed support for changes in the wording of the Illinois constitution in order to protect the state from what they viewed as extreme forms of worship, including Mormon polygamy. These delegates feared that the more liberal wording of the earlier constitution (in force in Joseph's day) might actually protected practices such as polygamy. One such delegate was Thomas J. Turner...[who] stated:"...Mormonism is a form of religion 'grant it, a false religion' nevertheless, it claims to be the true Christian religion...[d]o we desire that the Mormons shall return to our State, and bring with them polygamy?"[9]:416, 416n45
Critics charge that Joseph Smith and his successors made repeated public statements in which they hid or frankly denied the practice of polygamy, despite knowledge to the contrary. It is argued that this dishonesty is morally dubious and inconsistent with the Church’s purported principles.
The concept of “civil disobedience” is essential to understanding those occasions in which Joseph Smith or other Church members were not forthright about the practice of polygamy.
Like obedience to civil law, honesty and integrity are foundational values to the Church of Jesus Christ. Indeed, the success which critics have in troubling members of the Church with tales of polygamy and its deceptive circumstances is, in a way, a compliment to the Church. If the Church as an institution typically taught its members to have a casual disregard for the truth, a discovery that Joseph Smith had deceived others about polygamy would not be troubling to most. But, because the Church (contrary to the suggestions of some critics) really does teach its members to aspire to live elevated lives of moral rectitude, the discovery that deception was involved with polygamy can come as something of a shock. Disillusionment can ensue if we follow the critics in assuming that because Joseph occasionally misled others in this specific context, he must therefore have lied about everything else, and been absolutely unworthy of trust.
But, as we have seen, the practice of polygamy must be viewed in its moral context as an act of religious devotion which the Saints were unwilling to forego simply because the state or society disapproved.
Summary: Sometime in 1840 Joseph Smith first broached the topic of plural marriage privately to trusted friends. Most of the apostles were in England and thus were unavailable for an introduction to the practice.
Notes
It is true that Joseph did not always tell others about plural marriage. One critic of the Church claims, "Joseph Smith publicly lied about his practice of polygamy, and lied to his own wife (Emma) about the practice." [1]
Joseph did, however, make an attempt to teach the doctrine to the Saints. When Joseph tried to teach the doctrine, it was rejected by many Saints, including Emma, his wife. Joseph then began to teach the doctrine privately to those who would obey. A contemporary journal describes the reaction to Joseph's attempt to teach this doctrine:
When the prophet "went to his dinner," [Joseph Lee] Robinson wrote, "as it might be expected several of the first women of the church collected at the Prophet’s house with his wife [and] said thus to the prophet Joseph O mister Smith you have done it now it will never do it is all but Blassphemy you must take back what you have said to day is it is outrageous it would ruin us as a people." So in the afternoon session Smith again took the stand, according to Robinson, and said "Brethren and Sisters I take back what we said this morning and leave it as though there had been nothing said."[2]
Keeping the doctrine private was also necessary because the enemies of the Church would have used it as another justification for their assault on the Saints. Orson Hyde looked back on the Nauvoo days and indicated what the consequences of disclosure would have been:
In olden times they might have passed through the same circumstances as some of the Latter-day Saints had to in Illinois. What would it have done for us, if they had known that many of us had more than one wife when we lived in Illinois? They would have broken us up, doubtless, worse than they did.[3]
It is thus important to realize that the public preaching of polygamy—or announcing it to the general Church membership, thereby informing the public by proxy—was simply not a feasible plan.
This statement refers to Joseph's well-known declaration on 26 May 1844 in his "Address of the Prophet—His Testimony Against the Dissenters at Nauvoo". Significantly, this address was given the day after the Laws sought to have Joseph indicted for adultery in the case of Maria Lawrence. (They also sought to indict him on a charge of perjury.)
Many have criticized or been concerned by the secrecy with which Joseph instituted plural marriage without appreciating the realities of the dangers involved. Illinois law only criminalized adultery or fornication if it was "open". Since Joseph was sealed to his plural wives for either eternity, or for time and eternity, he did not view these relationships as constituting adultery or fornication. Therefore, under Illinois law, as long as Joseph and his plural wives did not live in an "open," or "public," manner, they were not guilty of breaking any civil law then in force in Illinois. Furthermore, this reality explains some of Joseph's public denials, since he could be truthfully said to not be guilty of the charges leveled against him: he was not committing adultery or fornication.
History of The Church 6:410-411:
I had not been married scarcely five minutes, and made one proclamation of the Gospel, before it was reported that I had seven wives. I mean to live and proclaim the truth as long as I can.
This new holy prophet [William Law] has gone to Carthage and swore that I had told him that I was guilty of adultery. This spiritual wifeism! Why, a man dares not speak or wink, for fear of being accused of this.[4]....
A man asked me whether the commandment was given that a man may have seven wives; and now the new prophet has charged me with adultery. I never had any fuss with these men until that Female Relief Society brought out the paper against adulterers and adulteresses.
Dr. Goforth was invited into the Laws' clique, and Dr. Foster and the clique were dissatisfied with that document,[5] and they rush away and leave the Church, and conspire to take away my life; and because I will not countenance such wickedness,[6] they proclaim that I have been a true prophet, but that I am now a fallen prophet.
[Joseph H.] Jackson[7] has committed murder, robbery, and perjury; and I can prove it by half-a-dozen witnesses. Jackson got up and said—"By God, he is innocent," and now swears that I am guilty. He threatened my life.
There is another Law, not the prophet, who was cashiered for dishonesty and robbing the government. Wilson Law also swears that I told him I was guilty of adultery. Brother Jonathan Dunham can swear to the contrary. I have been chained. I have rattled chains before in a dungeon for the truth's sake. I am innocent of all these charges, and you can bear witness of my innocence, for you know me yourselves.
When I love the poor, I ask no favors of the rich. I can go to the cross—I can lay down my life; but don't forsake me. I want the friendship of my brethren.—Let us teach the things of Jesus Christ. Pride goes before destruction, and a haughty spirit before a downfall.
Be meek and lowly, upright and pure; render good for evil. If you bring on yourselves your own destruction, I will complain. It is not right for a man to bare down his neck to the oppressor always. Be humble and patient in all circumstances of life; we shall then triumph more gloriously. What a thing it is for a man to be accused of committing adultery, and having seven wives, when I can only find one.
I am the same man, and as innocent as I was fourteen years ago; and I can prove them all perjurers. I labored with these apostates myself until I was out of all manner of patience; and then I sent my brother Hyrum, whom they virtually kicked out of doors.[8]
Note the rejection of the term "spiritual wifeism". Note that "spiritual wifeism" likely refers to John C. Bennett's pattern of seduction and sexual license, which the Saints were always at pains to deny.
In light of the circumstances under which they were spoken, Joseph's words were carefully chosen. Joseph was not merely bluffing, nor was he lying—he literally could prove that the Laws were perjuring themselves on this point in the charges brought only the day before.
Bradshaw cites a portion of Joseph's above statement, and then concludes:
A review of Joseph's remarks in light of the circumstances under which they were spoken shows that Joseph's words were carefully chosen. In this speech, Joseph was specifically reacting to the indictments for perjury and adultery that were presented by the grand jury the day earlier. Thus, when Joseph affirmed during the same speech: "I am innocent of all these charges," he was in particular refuting a claim that he and Maria [Lawrence] had openly and notoriously cohabitated, thus committing the statutory offense of adultery. He was also refuting the perjury charge. While the overall tone of Joseph's remarks may seem misleading, it is understandable that Joseph would have taken pains to dodge the plural marriage issue. By keeping his plural marriages in Nauvoo secret, Joseph effectively kept them legal, at least under the Illinois adultery statute.[9]:413
Joseph Smith was, in fact, once charged with adultery under Illinois Law. This occurred shortly before his death, when Robert Foster, William Law (Joseph's former counselor in the First Presidency) and Law's brother Wilson charged Joseph with adultery in the case of Maria Lawrence.[9]:403,414 Joseph took an aggressive stance in the defense of himself and Maria, which would be surprising if Illinois law was as detrimental to his case as many have assumed.
For example, as soon as Joseph was charged, two days later he and his supporters "rode to Carthage, intent on having" the charge "'investigated.'"[9]:404
It is vital to understand, however, that:
Joseph Smith could not have been properly convicted of adultery under the law of Illinois in 1844. Illinois law only criminalized adultery or fornication if it was "open". Had Joseph lived to face trial on this charge, he would have had good reason to expect acquittal because his relationships with his plural wives were not open, but were kept confidential and known by a relative few. Given a fair trial on this indictment, Joseph could have relied on several legal defenses.[9]:402
The same author emphasized:
The term "open" in [the Illinois Criminal Code of the day[10]] is a key element of this crime. The meaning of this term was then and still today is generally understood in law to cover conduct that is "notorious," "exposed to public view," or "visible," and which is "not clandestine." Joseph's relationships with his plural wives did not meet this definition.[9]:408
Two cases decided after Joseph's death but under the same legal regime likewise demonstrate that there was nothing about Maria and Joseph's relationship (regardless of whether or not they had sexual relations) which would have permitted conviction under the Illinois adultery statute. Additionally, Stephen R. Douglas (the famed Illinois judge and later candidate for the presidency of the United States) and Thomas Ford (the governor of Illinois at the time of Joseph's murder) prosecuted adultery cases during their legal careers and both were definitive that an "open" and "notorious" aspect to the cohabitation had to be proven under the statute.[9]:408-411
By contrast, had Joseph been charged by his wife Emma with adultery, this could have served as grounds for divorce, and did not require the stringent requirements of being "open" or "notorious."[11]
Even Joseph's near-contemporaries would later realize that Illinois law would probably support the practice of Latter-day Saint plural marriage, perhaps even if done so openly.
Recognizing the breadth of [the] state constitutional provision [for religious freedom] as it stood in 1844, Illinois adopted a new constitution in 1869 that introduced a number of changes in the clause governing religious liberty, including wording specifically intended to give the state authority to prohibit Mormon polygamy or other religiously-based practices that might be deemed offensive. Comments by certain delegates to the 1869 Illinois Constitutional Convention show taht there was a concern that the Mormon practice of plural marriage could be protected under the state constitution....
Several delegates expressed support for changes in the wording of the Illinois constitution in order to protect the state from what they viewed as extreme forms of worship, including Mormon polygamy. These delegates feared that the more liberal wording of the earlier constitution (in force in Joseph's day) might actually protected practices such as polygamy. One such delegate was Thomas J. Turner...[who] stated:"...Mormonism is a form of religion 'grant it, a false religion' nevertheless, it claims to be the true Christian religion...[d]o we desire that the Mormons shall return to our State, and bring with them polygamy?"[9]:416, 416n45
Critics charge that Joseph Smith and his successors made repeated public statements in which they hid or frankly denied the practice of polygamy, despite knowledge to the contrary. It is argued that this dishonesty is morally dubious and inconsistent with the Church’s purported principles.
The concept of “civil disobedience” is essential to understanding those occasions in which Joseph Smith or other Church members were not forthright about the practice of polygamy.
Like obedience to civil law, honesty and integrity are foundational values to the Church of Jesus Christ. Indeed, the success which critics have in troubling members of the Church with tales of polygamy and its deceptive circumstances is, in a way, a compliment to the Church. If the Church as an institution typically taught its members to have a casual disregard for the truth, a discovery that Joseph Smith had deceived others about polygamy would not be troubling to most. But, because the Church (contrary to the suggestions of some critics) really does teach its members to aspire to live elevated lives of moral rectitude, the discovery that deception was involved with polygamy can come as something of a shock. Disillusionment can ensue if we follow the critics in assuming that because Joseph occasionally misled others in this specific context, he must therefore have lied about everything else, and been absolutely unworthy of trust.
But, as we have seen, the practice of polygamy must be viewed in its moral context as an act of religious devotion which the Saints were unwilling to forego simply because the state or society disapproved.
Summary: Sometime in 1840 Joseph Smith first broached the topic of plural marriage privately to trusted friends. Most of the apostles were in England and thus were unavailable for an introduction to the practice.
Notes
It is true that Joseph did not always tell others about plural marriage. One critic of the Church claims, "Joseph Smith publicly lied about his practice of polygamy, and lied to his own wife (Emma) about the practice." [1]
Joseph did, however, make an attempt to teach the doctrine to the Saints. When Joseph tried to teach the doctrine, it was rejected by many Saints, including Emma, his wife. Joseph then began to teach the doctrine privately to those who would obey. A contemporary journal describes the reaction to Joseph's attempt to teach this doctrine:
When the prophet "went to his dinner," [Joseph Lee] Robinson wrote, "as it might be expected several of the first women of the church collected at the Prophet’s house with his wife [and] said thus to the prophet Joseph O mister Smith you have done it now it will never do it is all but Blassphemy you must take back what you have said to day is it is outrageous it would ruin us as a people." So in the afternoon session Smith again took the stand, according to Robinson, and said "Brethren and Sisters I take back what we said this morning and leave it as though there had been nothing said."[2]
Keeping the doctrine private was also necessary because the enemies of the Church would have used it as another justification for their assault on the Saints. Orson Hyde looked back on the Nauvoo days and indicated what the consequences of disclosure would have been:
In olden times they might have passed through the same circumstances as some of the Latter-day Saints had to in Illinois. What would it have done for us, if they had known that many of us had more than one wife when we lived in Illinois? They would have broken us up, doubtless, worse than they did.[3]
It is thus important to realize that the public preaching of polygamy—or announcing it to the general Church membership, thereby informing the public by proxy—was simply not a feasible plan.
This statement refers to Joseph's well-known declaration on 26 May 1844 in his "Address of the Prophet—His Testimony Against the Dissenters at Nauvoo". Significantly, this address was given the day after the Laws sought to have Joseph indicted for adultery in the case of Maria Lawrence. (They also sought to indict him on a charge of perjury.)
Many have criticized or been concerned by the secrecy with which Joseph instituted plural marriage without appreciating the realities of the dangers involved. Illinois law only criminalized adultery or fornication if it was "open". Since Joseph was sealed to his plural wives for either eternity, or for time and eternity, he did not view these relationships as constituting adultery or fornication. Therefore, under Illinois law, as long as Joseph and his plural wives did not live in an "open," or "public," manner, they were not guilty of breaking any civil law then in force in Illinois. Furthermore, this reality explains some of Joseph's public denials, since he could be truthfully said to not be guilty of the charges leveled against him: he was not committing adultery or fornication.
History of The Church 6:410-411:
I had not been married scarcely five minutes, and made one proclamation of the Gospel, before it was reported that I had seven wives. I mean to live and proclaim the truth as long as I can.
This new holy prophet [William Law] has gone to Carthage and swore that I had told him that I was guilty of adultery. This spiritual wifeism! Why, a man dares not speak or wink, for fear of being accused of this.[4]....
A man asked me whether the commandment was given that a man may have seven wives; and now the new prophet has charged me with adultery. I never had any fuss with these men until that Female Relief Society brought out the paper against adulterers and adulteresses.
Dr. Goforth was invited into the Laws' clique, and Dr. Foster and the clique were dissatisfied with that document,[5] and they rush away and leave the Church, and conspire to take away my life; and because I will not countenance such wickedness,[6] they proclaim that I have been a true prophet, but that I am now a fallen prophet.
[Joseph H.] Jackson[7] has committed murder, robbery, and perjury; and I can prove it by half-a-dozen witnesses. Jackson got up and said—"By God, he is innocent," and now swears that I am guilty. He threatened my life.
There is another Law, not the prophet, who was cashiered for dishonesty and robbing the government. Wilson Law also swears that I told him I was guilty of adultery. Brother Jonathan Dunham can swear to the contrary. I have been chained. I have rattled chains before in a dungeon for the truth's sake. I am innocent of all these charges, and you can bear witness of my innocence, for you know me yourselves.
When I love the poor, I ask no favors of the rich. I can go to the cross—I can lay down my life; but don't forsake me. I want the friendship of my brethren.—Let us teach the things of Jesus Christ. Pride goes before destruction, and a haughty spirit before a downfall.
Be meek and lowly, upright and pure; render good for evil. If you bring on yourselves your own destruction, I will complain. It is not right for a man to bare down his neck to the oppressor always. Be humble and patient in all circumstances of life; we shall then triumph more gloriously. What a thing it is for a man to be accused of committing adultery, and having seven wives, when I can only find one.
I am the same man, and as innocent as I was fourteen years ago; and I can prove them all perjurers. I labored with these apostates myself until I was out of all manner of patience; and then I sent my brother Hyrum, whom they virtually kicked out of doors.[8]
Note the rejection of the term "spiritual wifeism". Note that "spiritual wifeism" likely refers to John C. Bennett's pattern of seduction and sexual license, which the Saints were always at pains to deny.
In light of the circumstances under which they were spoken, Joseph's words were carefully chosen. Joseph was not merely bluffing, nor was he lying—he literally could prove that the Laws were perjuring themselves on this point in the charges brought only the day before.
Bradshaw cites a portion of Joseph's above statement, and then concludes:
A review of Joseph's remarks in light of the circumstances under which they were spoken shows that Joseph's words were carefully chosen. In this speech, Joseph was specifically reacting to the indictments for perjury and adultery that were presented by the grand jury the day earlier. Thus, when Joseph affirmed during the same speech: "I am innocent of all these charges," he was in particular refuting a claim that he and Maria [Lawrence] had openly and notoriously cohabitated, thus committing the statutory offense of adultery. He was also refuting the perjury charge. While the overall tone of Joseph's remarks may seem misleading, it is understandable that Joseph would have taken pains to dodge the plural marriage issue. By keeping his plural marriages in Nauvoo secret, Joseph effectively kept them legal, at least under the Illinois adultery statute.[9]:413
Joseph Smith was, in fact, once charged with adultery under Illinois Law. This occurred shortly before his death, when Robert Foster, William Law (Joseph's former counselor in the First Presidency) and Law's brother Wilson charged Joseph with adultery in the case of Maria Lawrence.[9]:403,414 Joseph took an aggressive stance in the defense of himself and Maria, which would be surprising if Illinois law was as detrimental to his case as many have assumed.
For example, as soon as Joseph was charged, two days later he and his supporters "rode to Carthage, intent on having" the charge "'investigated.'"[9]:404
It is vital to understand, however, that:
Joseph Smith could not have been properly convicted of adultery under the law of Illinois in 1844. Illinois law only criminalized adultery or fornication if it was "open". Had Joseph lived to face trial on this charge, he would have had good reason to expect acquittal because his relationships with his plural wives were not open, but were kept confidential and known by a relative few. Given a fair trial on this indictment, Joseph could have relied on several legal defenses.[9]:402
The same author emphasized:
The term "open" in [the Illinois Criminal Code of the day[10]] is a key element of this crime. The meaning of this term was then and still today is generally understood in law to cover conduct that is "notorious," "exposed to public view," or "visible," and which is "not clandestine." Joseph's relationships with his plural wives did not meet this definition.[9]:408
Two cases decided after Joseph's death but under the same legal regime likewise demonstrate that there was nothing about Maria and Joseph's relationship (regardless of whether or not they had sexual relations) which would have permitted conviction under the Illinois adultery statute. Additionally, Stephen R. Douglas (the famed Illinois judge and later candidate for the presidency of the United States) and Thomas Ford (the governor of Illinois at the time of Joseph's murder) prosecuted adultery cases during their legal careers and both were definitive that an "open" and "notorious" aspect to the cohabitation had to be proven under the statute.[9]:408-411
By contrast, had Joseph been charged by his wife Emma with adultery, this could have served as grounds for divorce, and did not require the stringent requirements of being "open" or "notorious."[11]
Even Joseph's near-contemporaries would later realize that Illinois law would probably support the practice of Latter-day Saint plural marriage, perhaps even if done so openly.
Recognizing the breadth of [the] state constitutional provision [for religious freedom] as it stood in 1844, Illinois adopted a new constitution in 1869 that introduced a number of changes in the clause governing religious liberty, including wording specifically intended to give the state authority to prohibit Mormon polygamy or other religiously-based practices that might be deemed offensive. Comments by certain delegates to the 1869 Illinois Constitutional Convention show taht there was a concern that the Mormon practice of plural marriage could be protected under the state constitution....
Several delegates expressed support for changes in the wording of the Illinois constitution in order to protect the state from what they viewed as extreme forms of worship, including Mormon polygamy. These delegates feared that the more liberal wording of the earlier constitution (in force in Joseph's day) might actually protected practices such as polygamy. One such delegate was Thomas J. Turner...[who] stated:"...Mormonism is a form of religion 'grant it, a false religion' nevertheless, it claims to be the true Christian religion...[d]o we desire that the Mormons shall return to our State, and bring with them polygamy?"[9]:416, 416n45
Critics charge that Joseph Smith and his successors made repeated public statements in which they hid or frankly denied the practice of polygamy, despite knowledge to the contrary. It is argued that this dishonesty is morally dubious and inconsistent with the Church’s purported principles.
The concept of “civil disobedience” is essential to understanding those occasions in which Joseph Smith or other Church members were not forthright about the practice of polygamy.
Like obedience to civil law, honesty and integrity are foundational values to the Church of Jesus Christ. Indeed, the success which critics have in troubling members of the Church with tales of polygamy and its deceptive circumstances is, in a way, a compliment to the Church. If the Church as an institution typically taught its members to have a casual disregard for the truth, a discovery that Joseph Smith had deceived others about polygamy would not be troubling to most. But, because the Church (contrary to the suggestions of some critics) really does teach its members to aspire to live elevated lives of moral rectitude, the discovery that deception was involved with polygamy can come as something of a shock. Disillusionment can ensue if we follow the critics in assuming that because Joseph occasionally misled others in this specific context, he must therefore have lied about everything else, and been absolutely unworthy of trust.
But, as we have seen, the practice of polygamy must be viewed in its moral context as an act of religious devotion which the Saints were unwilling to forego simply because the state or society disapproved.
Summary: Sometime in 1840 Joseph Smith first broached the topic of plural marriage privately to trusted friends. Most of the apostles were in England and thus were unavailable for an introduction to the practice.
Notes
Joseph is claimed to have published a pamphlet called "The Peace Maker" supporting plural marriage in 1842, but then later denounced it.
Author's sources: Udney Hay Jacob, "An Israelite, and a shepherd of Israel," An Extract from a Manuscript entitled The Peacemaker, or the Doctrines of the Millennium, being a treatise on religion and jurisprudence, or a new system of religion and politicks (Nauvoo, Illinois, 1842)
Joseph Smith is claimed to have written a pro-polygamy pamphlet called "The Peace Maker" in 1842, despite the fact that he denied doing so. In a variant version, the pamphlet is claimed to have been published by Joseph (though written by another) as a "trial balloon" for polygamy, but Joseph denied any connection with it.
The Peace Maker's doctrines are different from Joseph's, its creation dates to at least 1840, its author had a poor opinion of the Mormons initially, and a private letter makes it clear that Jacobs and Joseph had had no contact or introduction even after its publication. A later letter to Brigham Young makes it clear that Jacob wrote the pamphlet on his own for a non-LDS audience, and once a member of the Church considered it something best left in the past. There is little reason to think that Joseph Smith or the Church had anything to with the publication of The Peace Maker.
NOTICE
There was a book printed at my office, a short time since, written by Udney H. Jacobs, on marriage, without my knowledge; and had I been apprised of it, I should not have printed it; not that I am opposed to any man enjoying his privileges; but I do not wish to have my name associated with the authors, in such an unmeaning rigmarole of nonsence [nonsense], folly, and trash. JOSEPH SMITH. [1]
The pamphlet also contained a number of ideas which Joseph certainly would not have sanctioned, including the claim that Udney was the prophet Elijah (2), the person spoken of in Isaiah 66:7-8 (25), and the prophet who would stop the mouth of kings (22). There is little that parallels Latter-day Saint ideas. [2]
Furthermore, Udney would write to the President of the United States on 19 March 1840,
I hold in my hands a manuscript, which if it was published seasonably, and sufficiently circulated, would I humbly conceive be the certain means of insuring your Election. Of this I have no doubt. I am thorily acquainted with the religious principals and minds, of every sect, and denomination of men in this land. And I now offer to place this almighty power for the time being at your disposal: merely, by a publication of the book alluded to.... I remember you in the Citty of Hudson when a Lawyer there. And I now reside in Hancock Co. Illinois, in the vicinity of the Mormons who have by their delegates visited you this winter past. These Mormons know but very little of me; but Sir, I know them—and I know them to be a deluded and dangerous set of fanatics, dangerous I say, as far as their influence goes. [Joseph] Smith has returned home [from Washington, D.C.], and I am informed is determined to throw his weight with all his deluded followers into the scale against you. They are at this time in the United States a large body rapidly increasing. J. Smith and Rigdon hold their [the Saints'] consciences. Now Sir, a system of religious, as well as political truth. Supported by irresistible and admitted Testimony, calculated to cut it's own way to the very center of any rational mind; be their oppinions what they may; and compelling them to believe verily, that by their coming votes their own destiny, not only for time but for an endless Eternity is absolutely involved, would produce a tremendious effect. This my dear Sir can be done, even by your humble Servant. Observe, I do not pretend to say that every vote in the Union shall be thus influenced. But, I say this. That by the means which I hold in my power [my manuscript] if assisted reasonably by your aid. It [the book] shall throw such a weight into the right scale as shall bring the other infallibly to kick the beam [tip the scales]. [3]
Jacobs clearly does not think much of the Mormons. When the president declined to help him publish, Jacobs seems to have turned to the Nauvoo press near the end of 1842.
There is also evidence that Jacob and Joseph had never met, even after publication of his pamphlet in 1842. In January 1844, Jacob wrote to Joseph:
I hope you will not consider this letter an intrusion—I have not to be sure the pleasure of a personal acquaintance with you nor do I know that I am worthy of that favor; yet I believe that I am worth saving.... [4]
Jacob would later join the Church, and in 1851 wrote Brigham Young about another matter:
I cannot imagine why you suspected me unless it was that I wrote a pamphlet some years since entitled the Peace Maker--you have certainly a wrong idea of that matter. I was not then a member of this Church, and that pamphlet was not written for this people but for the citizens of the United States who professed to believe the Bible. [5]
This is a private letter, not written for public consumption. Jacob was trying to disabuse Brigham (now his priesthood leader) of suspicion in some matter, and he takes pains to assure Brigham that he is not guilty of the matter under consideration, and that he did write the Peace Maker—but hastens to add that this had nothing to do with the Church and (presumably) he is not now advancing those ideas.
Brigham was in favor of polygamy—why would Jacob be trying to reassure him if the Church had been in on Joseph's "trial balloon" for polygamy all along?
And, why did these private letters go unpublished or unheralded if their intent was to throw us off the scent? Why were their contents not trumpeted by Joseph or Brigham if Jacobs was involved in some complex plot to hide Joseph's involvement with The Peace Maker?
Joseph was sealed to women who were already married.
Among Joseph's plural marriages and/or sealings, between eight to eleven of them were to women who were already married. Of the eight well-documented cases, five of the husbands were Latter-day Saints, and the other three were either not active in or not associated with the Church. In all cases, these women continued to live with their husbands, most of them doing so until their husbands died. These eternal marriages appear to have had little effect upon the lives of the women involved, with the exception that they would be sealed to Joseph in the afterlife rather than to their earthly husbands. One of the most well-known of these "polyandrous" marriages was to Zina Diantha Huntington Jacobs.[6]
Of all the aspects of Joseph Smith's marital theology, this is the most difficult area to understand, because very little primary evidence exists. As one scholar noted:
Perhaps nothing is less understood than Joseph Smith's sealings to women already married, because the evidence supports conflicting interpretations.[7]
These "polyandrous" marriages have given rise to a number of criticisms:
At the time that celestial marriage was introduced, it was possible to be married for time to one person and sealed for eternity to another. These marriages appear to have been performed for the purpose of forming dynastic bonds in the afterlife, as there is no evidence that Joseph ever cohabited or had intimate relations with any of these women. No children from these marriages have ever been identified. These were sealings which would only affect Joseph's association with these women in the afterlife.
"Nauvoo Journals, December 1841–April 1843," The Joseph Smith Papers:
Several later documents suggest that several women who were already married to other men were, like Marinda Hyde, married or sealed to Joseph Smith. Available evidence indicates that some of these apparent polygynous/polyandrous marriages took place during the years covered by this journal. At least three of the women reportedly involved in these marriages—Patty Bartlett Sessions, Ruth Vose Sayers, and Sylvia Porter Lyon—are mentioned in the journal, though in contexts very much removed from plural marriage. Even fewer sources are extant for these complex relationships than are available for Smith’s marriages to unmarried women, and Smith’s revelations are silent on them. Having surveyed the available sources, historian Richard L. Bushman concludes that these polyandrous marriages—and perhaps other plural marriages of Joseph Smith—were primarily a means of binding other families to his for the spiritual benefit and mutual salvation of all involved.[9]
"Did Joseph Smith Introduce Plural Marriage?," Improvement Era (November 1946):
Several approaches to eternal marriage may be made: Two living persons may be sealed to each other for time and eternity. A living man may be sealed for eternity to a dead woman; or a living woman to a dead man. Two dead persons may be sealed to each other. It is also possible, though the Church does not now permit it, to seal two living people for eternity only, with no association on earth.
Further, under a divine command to the Prophet Joseph Smith, it was possible for one man to be sealed to more than one woman for time and eternity. Thus came plural marriage among the Latter-day Saints. By another divine command, to Wilford Woodruff, a successor to Joseph Smith, this order of marriage was withdrawn in 1890. Since that time the Church has not sanctioned plural marriages. Anyone who enters into them now is married unlawfully, and is excommunicated from the Church.[10]

The term "polyandry" is derived from the Greek roots "poly" ("many") and "andros" ("men") to describe marriages in which one woman is married to more than one man. The term does not account for the concept of marriage after this life. Therefore, describing some of Joseph Smith's marriages as "polyandrous" implies that he was married to these women in this life, with all that is involved in such a relationship. Evidence does not bear this out, however. In fact, the existing evidence indicates that these women continued to associate with their current husbands. Therefore, by stating that Joseph "married" other men's wives without making the distinction that these sealings applied only to the next life, critics can draw many lascivious conclusions from Joseph's actions. The faithful member may feel uneasy because he has no ready "alibi" for the polyandry material which the gleeful critic insists is a "smoking gun" for Joseph's base motives.
The fact that these women continue to live with their earthly husbands and even have children by them indicates that the sealings to Joseph Smith were not marriages in the normal sense.
The relationship between these women and their husbands appear to have not changed even after they were sealed to Joseph Smith. Of the eight well-documented cases, five of the husbands were Latter-day Saints, and the other three were either not active in or not associated with the Church. In all cases, these women continued to live with their husbands, most of them doing so until their husbands died. These eternal marriages appear to have had little effect upon the lives of the women involved, with the exception that they would be sealed to Joseph in the afterlife rather than to their earthly husbands.
The available evidence also does not support the claim that Joseph had intimate relations with these married women. Fawn Brodie, who repeatedly stated her belief that Joseph had intimate relations with many of his plural wives, identified several individuals that she thought “might” be children of Joseph Smith, Jr. Yet, even Brodie noted that “it is astonishing that evidence of other children than these has never come to light.” Brodie postulated, in spite of a complete lack of evidence, that Joseph must have been able to successfully practice some sort of primitive birth control, or that abortions must have been routinely employed.To date, DNA analysis has ruled out Joseph Smith as the father of any of the children of the women to whom he was sealed who were married to other men.
In 1915, Sylvia Sessions Lyon's daughter, Josephine, signed a statement that in 1882 Sylvia "told me that I was the daughter of the Prophet Joseph Smith, she having been sealed to the Prophet at the time that her husband Mr. Lyon was out of fellowship with the Church." It is not known whether Sylvia was referring to her daughter as being a literal descendant of Joseph Smith, or if she was referring to the fact that she had been sealed to the prophet. In any case, in 2016 the daughter was shown by DNA testing to be definitively not the biological daughter of Joseph Smith.[11]
In an article published in Mormon Historical Studies, Brian C. Hales demonstrates that Sylvia considered herself divorced prior to marrying Joseph polygamously. [12]
| Mother | Brodie’s claim [13] | Modern evidence |
|---|---|---|
Buell |
Brodie claims that “the physiognomy revealed in a rare photograph of Oliver Buell seems to weight the balance overwhelmingly on the side of Joseph’s paternity.” | Oliver Buell is not the son of Joseph Smith, Jr.
DNA research in 2007 confirmed Presendia Huntington Buell’s son Oliver, born sometime in 1838-1839, was the son of Norman Buell.[14] "Only 9 of the 23 genetic markers match when comparing the inferred Oliver Buell haplotype to that of Joseph Smith. Such a low degree of correlation between the two haplotypes provides strong evidence that they belong to two unrelated paternal lineages, thus excluding with high likelihood Joseph Smith Jr. as the biological father of Oliver N. Buell. Further weight is given to this observation by the close match of the inferred haplotype of Owen F. Buell to the independent Buell record in the SMGF data base, which genetic relationship dates back prior to Joseph Smith's era. Additionally, the two genetic profiles were run through a haplogroup predictor algorithm that assigned the Smith haplotypes to a cluster known as R1b and the cluster for the Buell's haplotypes to I1b2a, two deeply divergent clades that separated anciently, thus providing further evidence that the Oliver Buell and Joseph Smith lineages are not closely related" [15] |
Alger |
Brodie states that “[t]here is some evidence that Fannie Alger bore Joseph a child in Kirtland.” | DNA research in 2005 confirmed Fanny Alger’s son Orrison Smith is not the son of Joseph Smith, Jr.[16] |
Hancock |
”Legend among the descendants of Levi W. Hancock points to another son of the prophet. If the legend is true, the child was probably John Reed Hancock, born April 19, 1841.” | Nothing is yet known regarding the patrilineage John Reed Hancock.
John Reed's brother Mosiah is not the son of Joseph Smith, Jr. DNA research in 2007 confirmed Clarissa Hancock's son Mosiah, born 9 April 1834, was the son of Levi Hancock.[17] "A 12-marker haplotype was already available for a paternal descendant of Mosiah Hancock, generated by an independent commercial laboratory. A comparison of the 12 markers to the shortened Joseph Smith haplotype showed only 5 matches, indicating a low likelihood of a biological relationship between Mosiah and Joseph. Additionally, we queried the SMGF database with the 12 Ycs Hancock markers. Six independent records returned matching all 12 markers, all having the surname Hancock with documented connections to Mosiah's grandfather Thomas Hancock III." [18] |
Lightner |
The son of Mary Rollins Lightner “may as easily have been the prophet’s son as that of Adam Lightner.” | George Algernon Lightner, born March 22, 1842, died as an infant and therefore had no descendants. DNA testing cannot help determine paternity. |
Hyde |
Mrs. Orson Hyde’s sons Orson and Frank “could have been Joseph’s sons.” | Orson Washington Hyde, born November 9, 1843, died as an infant and therefore had no descendants. DNA testing cannot help determine paternity. |
Pratt |
Mrs. Parley P. Pratt’s son Moroni “might also be added to this list.” | Moroni Llewellyn Pratt is not the son of Joseph Smith, Jr.
DNA research in 2005 confirmed Mary Ann Frost Pratt's son Moroni, born 7 December 1844, was the son of Parley P. Pratt.[19] |
Snow |
”According to tradition,” Emma beat Eliza Snow and caused her to abort Joseph’s child. | Both LDS and non-LDS reviewers have found several flaws in the story about Eliza.[20] Emma's biographers note that "Eliza continued to teach school for a month after her abrupt departure from the Smith household. Her own class attendance record shows that she did not miss a day during the months she taught the Smith children, which would be unlikely had she suffered a miscarriage."[21] |
Jacobs |
Zina was “about seven months pregnant with Jacobs' child at the time of her marriage to the prophet.” [22] John D. Lee and William Hall stated that Zina had been “pregnant by Smith.” | Zebulon Jacobs is not the son of Joseph Smith, Jr.
DNA research in 2005 confirmed Zina Diantha Huntington Jacobs's son Zebulon was the son of Henry Bailey Jacobs.[23] |

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