Sustaining the Law: Joseph Smith's Legal Encounters

Title

Sustaining the Law: Joseph Smith's Legal Encounters

Publication Type

Book

Year of Publication

2014

Editors

Madsen, Gordon A. (Secondary), Walker, Jeffrey N. (Secondary), and Welch, John W. (Secondary)

Number of Pages

563

Publisher

BYU Studies

City

Provo, UT

ISBN Number

978-1938896705

Terms of use

Items in the BMC Archive are made publicly available for non-commercial, private use. Inclusion within the BMC Archive does not imply endorsement. Items do not represent the official views of The Church of Jesus Christ of Latter-day Saints or of Book of Mormon Central.

Bibliographic Citation

Abstract

Joseph Smith believed in sustaining the law. This book presents his main legal encounters in the context of his day. Party to more than two hundred suits in the courts of New York, Ohio, Missouri, Illinois, and elsewhere, he faced criminal charges as well as civil claims and collection matters. In the end, he was never convicted of any crime, and he paid his debts. These incidents were significant institutionally as well as personally.
 
Eleven legal scholars analyze these legal encounters. Topics cover constitutional law, copyright, disorderly conduct, association, assault, marriage, banking, land preemptive rights, treason, municipal charters, bankruptcy, guardianship, habeas corpus, adultery, and freedom of the press.
 
A 53-page legal chronology presents key information about Joseph’s life in the law. An appendix provides biographies of sixty lawyers and judges with whom he was involved, some being the best legal minds of his day. This book is for anyone interested in the life of Joseph Smith, whether general readers, historians, lawyers, or law students. Each chapter tells a fascinating story based on controlling legal documents—many just recently discovered—that allow detailed legal analysis and accurate understanding.

Table of Contents

23 Chapters

Preface
Walker, Jeffrey N. | pp. v-vii
Introduction
Madsen, Gordon A. | pp. ix-xix
Joseph Smith and the Constitution
Welch, John W. | pp. 1-38
The Smiths and Religious Freedom: Jesse Smith's 1814 Church Tax Protest
Welch, John W. | pp. 39-50
Standing as a Credible Witness in 1819
Walker, Jeffrey N. | pp. 51-70
Being Acquitted of a "Disorderly Person" Charge in 1826
Madsen, Gordon A. | pp. 71-92
Securing the Book of Mormon Copyright in 1829
Wadsworth, Nathaniel Hinckley | pp. 93-112
Organizing the Church as a Religious Association in 1830
Stott, David Keith | pp. 113-139
Winning against Hurlbut's Assault in 1834
Grua, David W. | pp. 141-154
Performing Legal Marriages in Ohio in 1835
Bradshaw, Scott | pp. 155-177
Looking Legally at the Kirtland Safety Society
Walker, Jeffrey N. | pp. 179-226
Tabulating the Impact of Litigation on the Kirtland Economy
Madsen, Gordon A. | pp. 227-246
Losing Land Claims and the Missouri Conflict in 1838
Walker, Jeffrey N. | pp. 247-270
Imprisonment by Austin King's Court of Inquiry in 1838
Madsen, Gordon A. | pp. 271-295
Protecting Nauvoo by Illinois Charter in 1840
Kimball, James L. | pp. 297-307
Suffering Shipwreck and Bankruptcy in 1842 and Beyond
Bentley, Joseph I. | pp. 309-328
Serving as Guardian under the Lawrence Estate, 1842-1844
Madsen, Gordon A. | pp. 329-356
Invoking Habeas Corpus in Missouri and Illinois
Walker, Jeffrey N. | pp. 357-399
Defining Adultery under Illinois and Nauvoo Law
Bradshaw, Scott | pp. 401-426
Legally Supressing the Nauvoo Expositor in 1844
Oaks, Dallin H. | pp. 427-459
Legal Chronology of Joseph Smith
Madsen, Gordon A. | pp. 461-514
Lawyers and Judges in the Legal Cases of Joseph Smith
Madsen, Gordon A. | pp. 515-545
Glossary of Early Nineteenth-Century Legal Terms
Madsen, Gordon A. | pp. 546-554
Legal

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