Polygamy book/Illegal marriages in Ohio

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Joseph Smith's performance of marriages in Ohio

Polygamy book, a work by author: Gregory L. Smith

Joseph Smith's performance of marriages in Ohio

Summary: Critics charge that Joseph Smith performed monogamous marriages for time of already-married members, violating Ohio law in Kirtland. Such claims are false and represent a misunderstanding about the marriage and divorce law of the day.

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Note: This material is part of a collection of draft essays on LDS plural marriage. They are provided for the use of FairMormon and its readers. (C) 2007-2017 Gregory L. Smith. No other reproduction is authorized.

Question: Did Joseph Smith violate marriage laws in Ohio by performing marriages?

Joseph did not knowingly violate marriage laws in Ohio, and seems to have used his prophetic gifts to spare victims of the nineteenth-century's legal and bureaucratic immaturity unnecessary suffering

Joseph did not knowingly violate marriage laws in Ohio, and seems to have used his prophetic gifts to spare victims of the nineteenth-century's legal and bureaucratic immaturity unnecessary suffering. The secular powers honored Joseph's marriages, and provided documentation to ratify his acts. As happens so often, critics condemn Joseph Smith and the early Saints without providing the proper context for their legal choices or moral actions. As we consider the wider implementation of plural marriage in Nauvoo, such context will become increasingly important.

Plural marriage would eventually involve a complex collision of religious belief, secular law, and personal conscience. Many historians have presumed that Joseph Smith always had a cavalier attitude toward civil laws which conflicted with his marital concepts. Even before the broad implementation of plural marriage, critics point to marriages performed by Joseph in Ohio as evidence that he would readily violate secular laws.

As John Brooke put it:

Specifically prohibited from performing the marriage ceremony by the local county court, Smith brushed aside a state-licensed church elder to perform the rites of marriage between Newel [Knight] and Lydia [Bailey] himself. She was not divorced from her non-Mormon husband, so this technically bigamous marriage also challenged a broader moral code…Over the next two months Joseph Smith performed five more illegal marriages.[1]

Brooke claims Joseph was forbidden to perform marriages, that he performed a bigamous marriage, and that he repeatedly disobeyed state marriage laws.

Michael Quinn makes the same type of claim when he opines that

in November 1835 [Joseph] announced a doctrine I call “theocratic ethics.” He used this theology of justify his violation of Ohio’s marriage laws by performing a marriage for Newel Knight and the undivorced Lydia Goldthwaite without legal authority to do so…Theocratic ethics justified LDS leaders and (by extension) regular Mormons in actions which were contrary to conventional ethics and sometimes in violation of criminal laws.[2]

Quinn's introduction of the expression "theocratic ethics" is an excellent example of his regrettable tendency to coin an expression, and then proceed as if his act of definition proves that the phenomenon he has labeled actually exists.[3] In another context, one non-LDS reviewer of Quinn regretted this use of "rather artificial categories that acquire an aura of scholarly respectability through the magic of 'Quinnspeak.'"[4]

Quinn's vocabulary implies that Joseph was using a different sort of ethical standard as most people—and, the term "theocratic" is loaded, since it generally has negative associations. Quinn also makes the entirely unwarranted conclusion "by extension" that Joseph's supposed irregular actions meant that a "regular Mormon" would be likewise justified in following a novel ethical scheme.

Despite such confident claims, the historical record regarding Ohio marriages disagrees with this portrait in almost every particular.[5] Newel Knight, a young widower, wished to marry Lydia Bailey. Lydia was married to an abusive drunkard, who had abandoned her years before. Sidney Rigdon had been refused a license to marry as a Mormon minister, and so many concluded that Mormon elders would not receive state sanction to perform marriages.

Because Seymour Brunson had been a preacher prior to being a Mormon, he held a license to solemnize marriages. Brunson was thus about to perform the Knight-Bailey wedding. In what Van Wagoner calls "a bold display of civil disobedience,"[6] Joseph Smith stepped forward and announced that he would perform the marriage.

The Knight-Bailey wedding was not illegal, since Newel Knight obtained a marriage license from the secular authorities

On the surface, it appears that the critics are justified in arguing that Joseph had no right to perform marriages, and chose to do so anyway. Scott Bradshaw's research, however, found that refusing Rigdon permission to marry was "not justifiable from a legal point of view." Such a legal decision in Ohio "was rare in the 1830s, perhaps even unheard of."[7] The court's refusal to grant Rigdon a license to marry as a Mormon minister likely stemmed from religious prejudice.

The Knight-Bailey wedding was not illegal, since Newel Knight obtained a marriage license from the secular authorities. The state of Ohio did not contest Joseph's performance of the marriage, since it then issued a marriage certificate for the Knights' marriage. Joseph later performed other marriages in Ohio, and these couples likewise received marriage certificates after Joseph submitted the necessary paperwork.

A review of Ohio state law demonstrates that Joseph's decision to perform marriages was correct

A review of Ohio state law demonstrates that Joseph's decision to marry—and his prophesy that he had the right to marry, and that his enemies would never prosecute him for marrying—was correct. Ohio's 1824 marriage law stated that "a religious society…could perform marriages without a license so long as the ceremony was done ‘agreeable to the rules and regulations of their respective churches.’"[8]

The "rules and regulations" regarding marriage for the Church had been established since the publication of what was then D&C 101 in September 1835.[9] The Knight-Bailey wedding did not occur until 24 November 1835, and Joseph Smith surely had the authority to perform weddings in the Church if anyone did, especially since D&C 101 declared that marriage "should be performed by a presiding high priest, bishop, elder, or priest."[10]

When applying to the county clerk for marriage certificates of other marriages which he performed, Joseph specifically noted that they were solemnized "agreeably to the rules and regulations of the Church…on matrimony," a clear reference to the 1824 Ohio statute.


Note: This material is part of a collection of draft essays on LDS plural marriage. They are provided for the use of FairMormon and its readers. (C) 2007-2017 Gregory L. Smith. No other reproduction is authorized.

Question: When Joseph Smith performed the marriage of Newel Knight and Lydia Bailey, were they guilty of bigamy since Lydia had not been formally divorced from her previous husband?

Lydia and Newel were aware of the prohibition on bigamy, and Lydia refused to marry Newel until they approached Joseph for his counsel

Joseph's decision to solemnize marriages was in accord with Ohio state law. Because Lydia Bailey was not divorced, however, the critics have also charged Joseph with permitting a bigamous marriage, and thus flaunting the law.

Lydia and Newel were aware of the prohibition on bigamy, and Lydia refused to marry Newel until they approached Joseph for his counsel:

Broth[er] Joseph after p[ray]or & reflecting a little or in other words enquiring [of the] Lord Said it is all right, She is his & the sooner they [are] married the better. Tell them no law shall hurt [them]. They need not fear either the law of God or man for [it] shall not touch them; & the Lord bless them. This [is the] will of the Lord concerning the matter.[11]

Ohio law had, until just prior to their wedding, allowed spouses to remarry without formal divorce if they had been abandoned for three years

Ohio law had, until just prior to their wedding, allowed spouses to remarry without formal divorce if they had been abandoned for three years. This described Lydia's case, and Newel tried to so persuade her before speaking with Joseph. Lydia's concern about remarriage seems to have been motivated mainly by spiritual worries that it was wrong in the sight of God to remarry, even if the law might allow it.[12]

It was doubtless because of abandonment that Newel obtained the marriage license.[13] He was likely unaware—as, perhaps, were those who granted the license—that the law had recently changed the abandonment period to five years, and so the marriage might have been illegal on those grounds.

The Knights' predicament highlights an aspect of early nineteenth-century marriage which modern readers often ignore

The Knights' predicament highlights an aspect of early nineteenth-century marriage which modern readers often ignore. Communication in this period was difficult, travel was slow, and record keeping requirements varied widely across the United States. As a result, technical "bigamy" was a common state of affairs for all social classes at this period in American history.[14] This made the prosecution of bigamy rare, and in cases of abandonment some spouses had to simply remarry since obtaining a formal divorce was difficult or impossible:

Since bigamy was only prosecuted on the complaint of a spouse (one whose honor had been offended or for whom the loss of support was irremediable) and when the offending spouse could be found by summons, most bigamists were probably never arrested...From the standpoint of the legal historian, it is perhaps surprising that anyone prosecuted bigamy at all. Given the confusion over conflicting state laws on marriage, there were many ways to escape notice, if not conviction.[15]

Ohio law also required that persons seeking a divorce apply to the state supreme court, and be state residents for two years—so, on these terms Lydia would have been in violation of the law. But, it is not clear that she, Newel, or those who granted the marriage license were aware of this technicality.

Despite potentially violating some legal niceties, however, Lydia almost certainly did not engage in bigamy since her previous husband had died

Despite potentially violating some legal niceties, however, Lydia almost certainly did not engage in bigamy. Shortly after the Knights' marriage, she learned that her wastrel husband had died. The Knights viewed this as vindication of Joseph's prophetic gifts, since he had promised them that there was no moral or legal impediment to their marriage—and, he was right.[16]


See also

Mormonism and divorce in the nineteenth century

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Divorce among Mormons in the 19th century

Summary: Some critics like to emphasize that some LDS members did not receive civil divorces before remarrying—either monogamously or polygamously. They either state or imply that this shows the Saints' cavalier attitude toward the law.

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Some 19th century Mormons did not receive civil divorces before remarrying

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Joseph Smith's performance of marriages in Ohio

Summary: Critics charge that Joseph Smith performed monogamous marriages for time of already-married members, violating Ohio law in Kirtland. Such claims are false and represent a misunderstanding about the marriage and divorce law of the day.

Jump to Subtopic:


To see citations to the critical sources for these claims, click here

Notes

  1. John L. Brooke, The Refiner's Fire : The Making of Mormon Cosmology, 1644-1844 (Cambridge ; New York: Cambridge University Press, 1994), 212.
  2. D. Michael Quinn, The Mormon Hierarchy: Origins of Power (Signature Books, 1994), 88.
  3. For a critique of Quinn's concept of "theocratic ethics," see Dean C. Jessee, "Review of D. Michael Quinn's the Mormon Hierarchy: Origins of Power," Journal of Mormon History 22/2 (Fall 1996): 163–165. Jessee also treats the matter of Joseph Smith performing marriages in Ohio on pp. 166–167.
  4. Klaus J. Hansen, "Quinnspeak (Review of Same-Sex Dynamics among Nineteenth-Century Americans: A Mormon Example by D. Michael Quinn)," FARMS Review of Books 10/1 (1998): 132–140. off-site
  5. Unless otherwise indicated, the facts in this chapter are drawn from M. Scott Bradshaw, "Joseph Smith’s Performance of Marriages in Ohio," Brigham Young University Studies 39 no. 4 (2000), 7–22. See also William G. Hartley, "Newel and Lydia Bailey Knight’s Kirtland Love Story and Historic Wedding," Brigham Young University Studies 39 no. 4 (2000), 22–69.
  6. Richard S. Van Wagoner, Mormon Polygamy: A History (Salt Lake City: Signature Books, 1989), 7.
  7. Bradshaw, "Joseph Smith’s Performance of Marriages in Ohio," 43, 45.
  8. Ohio's "Act Regulating Marriages," (1824); cited in Hartley, "Newel and Lydia Bailey Knight’s Kirtland Love Story and Historic Wedding," 18.
  9. See Doctrine and Covenants (1835 edition), Section CI. . (In 1876, this section was eventually removed, and replaced with the plural marriage revelation as D&C 132.) We must remember that at this point in Church history, the concept of a "temple sealing" or "eternal" marriage was certainly not being taught, and may well not have even been known to Joseph Smith. All Church marriages at the time were what modern members would call "civil marriages," such as those performed by an LDS bishop today.
  10. Doctrine and Covenants (1835 edition), Section CI [DC 101:1].
  11. Newel Knight, Autobiography and Journal, LDS Church Archives, folder one, [45] in Hartley, "Newel and Lydia Bailey Knight’s Kirtland Love Story and Historic Wedding," 18.
  12. Lydia's history says that Newel "endeavour[ed] to show her that according to the law she was a free woman, having been deserted for three years with nothing provided for her support." – See Hartley, "Newel and Lydia Bailey Knight’s Kirtland Love Story and Historic Wedding," 15; citing Susa Young Gates [as "Homespun"], Lydia Knight's History: The First Book of the Noble Women's Lives Series (Salt Lake City, Utah: Juvenile Instructor Office, 1883), 28.
  13. See Hartley, "Newel and Lydia Bailey Knight’s Kirtland Love Story and Historic Wedding," page [citation needed]
  14. See Hendrik Harlog, Man & Wife in America: A History (Cambridge, Massachusetts: Harvard University Press, 2000), 87; cited in Allen L. Wyatt, "Zina and Her Men: An Examination of the Changing Marital State of Zina Diantha Huntington Jacobs Smith Young," (Mesa, Arizona: FAIR, 2006 FAIR Conference).
  15. Beverly J. Schwartzberg, Grass Widows, Barbarians, and Bigamists: Fluid Marriage in Late Nineteenth-Century America (Santa Barbara, California: University of California at Santa Barbara Ph.D. dissertation, 2001), 51–52; cited in Wyatt, "Zina and Her Men."
  16. Hartley, "Newel and Lydia Bailey Knight’s Kirtland Love Story and Historic Wedding," 18.