Abstract: This is the second of two articles discussing Missouri’s requisitions to extradite Joseph Smith to face criminal charges and the Prophet’s recourse to English habeas corpus practice to defend himself. In the first article, the author discussed the English nature of pre-Civil War habeas corpus practice in America and the anachronistic modern idea that the Nauvoo Municipal Court did not have jurisdiction to consider interstate habeas corpus matters. In this article, he analyzes the conduct of Governor Thomas Reynolds in the matter of Missouri’s requisitions for the extradition of Joseph Smith in light of 1840s legal ethics in America. That analysis follows the discovery that Governor Reynolds had dismissed the underlying 1838 charges against Joseph Smith when he was a Missouri Supreme Court judge. It also responds to the revelation that Missouri reissued indictments based on the same underlying facts in June 1843 despite the existence of a double-jeopardy provision in the Missouri Constitution of 1820.
Abstract: This is the first of two articles discussing Missouri’s requisitions to extradite Joseph Smith to face criminal charges and the Prophet’s recourse to English habeas corpus practice to defend himself. In this article, the author presents research rejecting the suggestion that the habeas corpus powers of the Nauvoo City Council were irregular and explains why the idea that the Nauvoo Municipal Court lacked jurisdiction to consider interstate habeas corpus matters is anachronistic. In the second article, the author analyzes the conduct of Missouri Governor Thomas Reynolds in relation to the requisitions for Joseph Smith’s extradition. Even by the standards of the day, given what he knew, his conduct was unethical.
Abstract: Nephite missionaries in the first century BC had significant difficulty preaching the gospel among Nephites and Lamanites who followed Zoramite and Nehorite teaching. Both of these groups built synagogues and other places of worship suggesting that some of their beliefs originated in Israelite practice, but both denied the coming or the necessity of a Messiah. This article explores the nature of Zoramite and Nehorite beliefs, identifies how their beliefs and practices differed from orthodox Nephite teaching, and suggests that some of these religious differences are attributable to cultural and political differences that resonate in the present. Continue reading
Abstract: Alma 13:3–4 is often interpreted as Book of Mormon confirmation of the doctrine that all those who are ordained to the Priesthood on the earth were foreordained to receive that Priesthood in the pre-existence as a result of their exceeding faith and good works. That interpretation is inconsistent with the 1978 revelation on Priesthood. A contextual reading of the account of Alma2’s ministry to the people of Ammonihah also suggests that Alma2 was not telling the men of Ammonihah that they (or anyone else) had been foreordained to receive the Priesthood. Rather, Alma2 was teaching that what we now call worthiness was ordained as the standard for ordination to the Priesthood before the foundations of this earth were laid. If the people of Ammonihah demonstrated their worthiness by repenting of their sins, they could qualify to receive the ordinances of the Melchizedek Priesthood and enter into the rest of the Lord as many of the ancients had done. The manner in which men were ordained to the Priesthood and in which its ordinances were administered was intended to show the people how they should look to Christ for redemption. Continue reading
Abstract: Brian Hales has observed that we cannot understand Joseph Smith’s marriage practices in Nauvoo without understanding the related theology. However, he implies that we are hampered in coming to a complete understanding of that theology because the only primary evidence we have of that theology is the revelation now recorded as Section 132 of the Doctrine and Covenants and a few entries in William Clayton’s journal. This paper argues that we have more primary evidence about Joseph Smith’s sealing theology than we realize. The accounts we have of the First Vision and of Moroni’s first visits in 1823 have references to the sealing power embedded in them, ready for Joseph to unpack when he was spiritually educated enough to ask the right questions. Continue reading