Origin of Latter Day Saint polygamy

Origin of Latter Day Saint polygamy
Mormonism and polygamy
Members of Joseph F. Smith's family, including his sons and daughters, as well as their spouses and children, circa 1900.
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Polygamy, or plural marriage, in the Church of Jesus Christ of Latter Day Saints probably originated with the founder of Mormonism, Joseph Smith, Jr., who taught that polygamy (or at least polygyny) was a divine commandment. Smith practiced it personally, by some accounts marrying as many as 30 women.[1][2][3][4][5][6] Evidence for Smith's position is provided by "sealing" records, public marriage licenses (in many cases notarized), affidavits, letters, journals and diaries,[1] but Smith and the leading church quorums denied that he preached or practiced polygamy.[7][8] Smith's son Joseph Smith III, his widow Emma Smith, and the Reorganized Church of Jesus Christ of Latter Day Saints (RLDS, now called the Community of Christ) challenged the evidence and taught that Joseph Smith had opposed polygamy. They instead claimed that Brigham Young introduced plural marriage.[7][9][10][11]


1830s: origins

When polygamy was introduced into the Latter Day Saint movement is uncertain.[12]

Possible revelation in 1831

A photograph of part of W. W. Phelps' transcript of a claimed 1831 polygamy revelation by Joseph Smith. The original is in the LDS historical department.

Some scholars believe that Smith proclaimed a revelation recommending polygamy on July 17, 1831. This alleged revelation is described in a letter to Brigham Young written in 1861 by an early Mormon convert, William W. Phelps,[13][14][15][16][17] thirty years after the supposed revelation.[1][18] This was during a period when church leaders were justifying the practice and origins of plural marriage, particularly to Mormon splinter groups who did not agree with the practice.[18]

The key portion of the revelation proclaims:[14][19]

[I]t is [Jesus Christ's] will, that in time, ye should take unto you wives of the Lamanites and Nephites [i.e., Native Americans], that their posterity may become white, delightsome, and Just, for even now their females are more virtuous than the gentiles.

This wording is comparable with 2 Nephi 30:5–6 in the 1830 edition of the Book of Mormon, which states that when Native Americans receive the gospel they will become a "white and a delightsome people."[20][21] Unlike the 1831 revelation, the 1830 version of the Book of Mormon does not specify that the Native Americans would become "white and delightsome" through plural marriage. A note from W. W. Phelps in the same document explains how the conversion of the Native Americans coincided with Joseph Smith's plan for a new system of marriage:[1][22]

About three years after this was given [i.e., about 1834], I asked brother Joseph, privately, how "we," that were mentioned in the revelation could take wives of the "natives" as we were all married men? He replied instantly "In the same manner that Abraham took Hagar and Keturah; and Jacob took Rachel, Bilhah and Zilpah; by revelation—the saints of the Lord are always directed by revelation.

A reference was made to this revelation five months after its alleged date in a letter by Mormon apostate Ezra Booth to the Ohio Star on 8 December 1831, in which he refers to the "revelation [that the Mormon Elders] form a matrimonial alliance with the Natives", but the letter makes no reference to polygamy.[17] This letter is important because it confirms the authenticity of the revelation,[1] but some[who?] regard it as problematic because had it mentioned polygamy Booth would have mentioned it in his anti-Mormon agenda.[citation needed] Three authors assert that a second record of the revelation exists, believed to be in the LDS Church Historical Department,[1][14][23] though its existence is not confirmed.[citation needed]

The Church never published Phelps' note or letter, nor has it been canonized as part of Mormon scripture, which was done with many of Smith's other revelations. The Church never had a policy requiring its members to marry Native Americans. Historian Fawn Brodie said in 1943 that the Utah Church historian Joseph F. Smith told her that a revelation foreshadowing polygamy had been written in 1831 but never published, and that although its existence in the church library is acknowledged, "in conformity with the church policy," Brodie would not be permitted to examine it.[24][25]

Though the 1831 revelation is cited by Mormon historians,[26] non-Mormon historians,[1] and critics,[23] there are dissenting opinions, and no consensus has been reached.[27][28][29]

Early teachings and practice

Many early converts, including Brigham Young,[30] Orson Pratt, and Lyman Johnson, said that Joseph Smith was teaching plural marriage as early as 1831 or 1832. Mary Elizabeth Rollins Lightner, Smith's ninth wife[31] claimed that Smith had a private conversation with her in 1831 when she was twelve.[32][33]

[At age 12 in 1831], [Smith] told me about his great vision concerning me. He said I was the first woman God commanded him to take as a plural wife. ... In 1834 he was commanded to take me for a Wife ... [In 1842 age 23] I went forward and was sealed to him. Brigham Young performed the sealing ... for time, and all Eternity. I did just as Joseph told me to do[.]

Pratt reported that Smith told some early members in 1831 and 1832 that plural marriage was a true principle, but that the time to practice it had not yet come.[34] Lyman Johnson also claimed to have heard the doctrine from Smith in 1831.[35] Mosiah Hancock reported that his father was taught about plural marriage in the spring of 1832.[36]

William Clayton, Smith's scribe, recorded early polygamous marriages in 1843, including unions between Smith and Eliza Partridge, Emily Partridge, Sarah Ann Whitney, Helen Kimball and Flora Woodworth.[37][unreliable source?]

Jacob Cochran

LDS historical sources indicate that as early as 1832, Mormon missionaries were converting followers of polygamist religious leader Jacob Cochran, who went into hiding in 1830 to escape imprisonment for supporting polygamy. Mormons held two conferences at Saco, Maine, the center of Cochranism, on June 13, 1834,[38] and August 21, 1835. At the latter conference at least seven newly-ordained Mormon apostles were in attendance,[39][40][41] including Brigham Young. Young became acquainted with Cochran's followers as he made several missionary journeys through Cochranite territory from Boston to Saco,[42] and later married Augusta Adams Cobb, a former Cochranite.[43][44] Others who spent time among the Cochranites were Orson Hyde and Joseph Smith, Jr.'s younger brother, Samuel H. Smith.[45]

Among Cochran's marital innovations was 'spiritual wifery'. Ridlon wrote in 1895, "tradition assumes that [Cochran] received frequent consignments of spiritual consorts, and that such were invariably the most robust and attractive women in the community."[46] Some new Cochranites remained polygamists, and moved from the east coast to the Mormon community of Kirtland, Ohio.[47] Rumors of polygamy associated with Mormons began to become public, enough to be denied in Mormon publications[48][49][50] and mentioned in Mormon scripture in 1835, which noted:

"Inasmuch as this Church of Christ has been reproached with the crime of fornication and polygamy, we declare that we believe that one man should have one wife, and one woman but one husband, except in the case of death, when either is at liberty to marry again."[51]

1840s: development and fallout

1843 revelation

On July 12, 1843, Joseph Smith is said to have received a revelation that is much more widely accepted by historians. The revelation was supposedly dictated by Smith to his scribe William Clayton, and was shared with Emma Smith that day. Clayton wrote that day in his journal:

Wednesday 12th This A.M, I wrote a Revelation consisting of 10 pages on the order of the priesthood, showing the designs in Moses, Abraham, David and Solomon having many wives & concubines &c. After it was wrote Prests. Joseph & Hyrum presented it and read it to [Emma] who said she did not believe a word of it and appeared very rebellious. [Joseph]...appears much troubled about [Emma][52][unreliable source?]

In the text of the revelation,[53] Christ commands the practice of polygamy or plural marriage in a "new and an everlasting covenant" and declares that anyone who rejects the new practices will suffer damnation and will not "be permitted to enter into my glory."[54] The 1843 revelation also states that the first wife's consent should be sought before a man married another wife, but also declares that Christ will "destroy" the first wife if she does not consent to the plural marriage, and that the husband is exempt from asking his wife's consent in the future.[55]

The revelation states that plural wives "are given unto him to multiply and replenish the earth, according to my commandment, and to fulfill the promise which was given by my Father before the foundation of the world, and for their exaltation in the eternal worlds, that they may bear the souls of men."[56]

The revelation was not made public to the LDS church as a whole until Brigham Young revealed it in 1852. Young claimed that the original had been burned by Smith's widow Emma Smith,[57] though Emma denied that the document ever existed and said of the story told by Young: "It is false in all its parts, made out of whole cloth, without any foundation in truth."[58] Published affidavits by eyewitnesses accusing Church leaders of following the teaching and engaging in polygamy[59] had resulted in Smith's murder by a mob in 1844. The revelation was codified in Mormon canon as part of the Doctrine and Covenants 132 in the 1870s, though it was rejected by the RLDS Church as not originating with Smith.[60] Emma Smith said that the first she knew of the 1843 revelation was when she read of it in Orson Pratt's booklet The Seer in 1853.[61]

Before Smith's death

Records show that Smith publicly preached and wrote against the doctrine of plural marriage;[62] however, historians wrote that Smith performed dozens of plural marriages.[3][63] Allegedly, "several were still pubescent girls, such as fourteen-year-old Helen Mar Kimball".[64] Kimball, Smith's 28th wife,[65] wrote of her experience of celestial marriage in 1843–44,[3]

[My father] asked me if I would be sealed to Joseph ... [Smith explained] the principle of Celestial marriage ... After which he said to me, 'If you will take this step, it will ensure your eternal salvation & exaltation and that of your father's household & all of your kindred.[‘] This promise was so great that I willingly gave myself to purchase so glorious a reward. ... I felt quite sore about [not being allowed to go out and dance] and thought it a very unkind act in father to allow William to go and enjoy the dance unrestrained with other of my companions, and fetter me down, for no girl danced better than I did, and I really felt it was too much to bear. It made the dull school more dull, and like a wild bird I longed for the freedom that was denied me; and thought to myself an abused child, and that it was pardonable if I did not murmur ... Besides my father was very kind and indulgent in other ways, and always took me with him when mother could not go, and it was not a very long time before I became satisfied that I was blessed in being under the control of so good and wise a parent who had taken counsel and thus saved me from evils.

Written accounts of Smith's alleged liaisons are recorded as early as 1831, including Smith's relationship with Fanny Alger (age 16),[66][67] and with Marinda Nancy Johnson (age 16) in 1831,[67]

In the summer of 1831 the Johnson family took Joseph and Emma Smith into their home as boarders, and soon thereafter the prophet purportedly bedded young Marinda. Unfortunately, the story goes that the liaison did not go unnoticed, and a gang of indignant Ohioans—including a number of Mormons—resolved to castrate Joseph so that he would be disinclined to commit such acts of depravity in the future.

Smith's marriages

Poor documentation has led to estimates of the number of Smith's wives ranging from 0 to 33[68] to 48.[69][70][71] Among the more notable women are Fanny Alger and Eliza R. Snow. Historians conclude that Smith had multiple wives, but as Compton states little is known of these marriages after the sealing ceremony. Allegations that Smith had at least one child born to a plural wife remain unproven.[72] Statements by William Law and Eliza R. Snow indicate that at least some of the marriages included sexual intimacy.[73][74]

Some of the tallies include proxy sealings that occurred after Smith's death.[75] The use of the term 'sealing' (which is a LDS priesthood ordinance that binds individuals together in the eternities), and a 'marriage' (a social tradition in which the man and woman agree to be husband and wife in this life) may indicate that the participants did not understand sealing to equate to marriage. In those early days, common practices and doctrines were not yet well-defined. Many of the women, perhaps all but Emma, did not join Smith in a family unit.[citation needed]

After Smith's death

Smith was also sealed to individuals during his life and after his death by proxy.[3] Latter Day Saint denominations disagree as to the impact and meaning of these records. In the latter part of his life, Smith taught that all humans must be united or sealed to each other. He taught that a marriage that extends after death is also called "sealing" and that the power to perform such ceremonies was initially held only by him; members of The Church of Jesus Christ of Latter-day Saints (LDS Church) believe that Smith passed the authority to others.

Smith's alleged children

The question of progeny from Smith's alleged wives has been raised since his death. Smith has not been proven to have had children other than those born to Emma Smith. As of 2007, there are at least twelve early individuals who, based on historical documents and circumstantial evidence, had been identified as children of women sealed to Smith at the time of the births.

In 2005 and 2007 studies, a geneticist with the Sorenson Molecular Genealogy Foundation showed that five of these individuals were in fact not Smith descendants: Mosiah Hancock (son of Clarissa Reed Hancock), Oliver Buell (son of Prescindia Huntington Buell), Moroni Llewellyn Pratt (son of Mary Ann Frost Pratt), Zebulon Jacobs (son of Zina Diantha Huntington Jacobs Smith), and Orrison Smith (son of Fanny Alger).[76][77][78][79] The remaining seven have yet to be tested, including Josephine Lyon, for whom current DNA testing cannot provide conclusive evidence either way. Lyon's mother, Sylvia Sessions Lyon, left her daughter a deathbed affidavit telling her she was Smith's daughter.[76] Research into this history is complicated by Y-DNA genetic testing only being possible for descendants with an unbroken male line, and because two candidates died as infants.[79]

Smith was accused by Sarah Pratt in an 1886 interview with "vitriolic anti-Mormon journalist W. Wyl"[80] of allowing John C. Bennett, a medical doctor, to perform abortions on polygamous wives who were legally single, which Pratt alleged limited Smith's progeny from these wives.[81] She based this on statements made to her by Bennett.[82][83] Orson Pratt, Sarah Pratt's husband, later considered Bennett a liar.[84] Sarah Pratt said, "[I] know that the principle statements in John C. Bennett's book on Mormonism are true."[85]

1842 scandal and the new vocabulary

Joseph Smith broke with short-lived church leader John C. Bennett in 1841 over the public scandal that arose when Bennett's practice of 'spiritual wifery' became known, and Nauvoo, Illinois "rocked with tales that connected Joseph with Bennett's scandals."[86] Bennett accused Smith of subsequently introducing new code words for polygamy—'celestial marriage', 'plurality of wives', 'spiritual wifeism'—to conceal the controversial practice,[87] which Smith and the leadership of the church repeatedly publicly denied. Sarah Pratt claimed in an 1886 interview that while in Nauvoo over forty years earlier Smith was attracted to her and intended to make her "one of his spiritual wives."[84][88][89][90] According to Bennett, while Pratt's husband Orson was in England on missionary service, Smith proposed to Pratt by invoking the 1843 polygamy revelation: "Sister Pratt, the Lord has given you to me as one of my spiritual wives. I have the blessings of Jacob granted me, as he granted holy men of old, and I have long looked upon you with favor, and hope you will not repulse or deny me", to which Bennett claimed Pratt replied: "Am I called upon to break the marriage covenant ... to my lawful husband! I never will. I care not for the blessings of Jacob, and I believe in NO SUCH revelations, neither will I consent under any circumstances. I have one good husband, and that is enough for me."[88]

Published allegations of adultery against Sarah Pratt and Bennett appeared in local and church publications[91] with signed affidavits from her neighbors Stephen and Zeruiah Goddard and others. Dr. Robert D. Foster made the following allegation against Bennett and Pratt:

Alas, none but the seduced join the seducer [Dr. Bennett]; those only who have been arraigned before a just tribunal for the same unhallowed conduct can be found to give countenance to any of his black hearted lies, and they, too, detest him for his seduction, these are the ladies to whom he refers his hearers to substantiate his assertions. Mrs. White, Mrs. Pratt, Niemans, Miller, Brotherton, and others.[92]

Pratt later claimed that Zeruiah Goddard told her these testimonies were made under threat from Joseph's brother Hyrum Smith:

It is not my fault; Hyrum Smith came to our house, with the affidavits all written out, and forced us to sign them. Joseph and the Church must be saved, said he. We saw that resistance was useless, they would have ruined us; so we signed the papers.[84][88]

Van Wagoner concluded that the adultery charges against Sarah Pratt are "highly improbable" and could "be dismissed as slander."[84] In addition to Pratt, Van Wagoner states that Nancy Rigdon and Martha Brotherton "also suffered slanderous attacks because they exposed the Church's private polygamy posture."[93] Orson Pratt stood by his wife in preference to the denials of Smith, who told his disciple Orson that "If [Orson] did believe his wife and follow her suggestions he would go to hell".[94] Wilford Woodruff stated that "Dr. John Cook Bennett was the ruin of Orson Pratt".[95] Van Wagoner and Walker note that, on August 20, 1842, "after four days of fruitless efforts at reconciliation, the Twelve excommunicated Pratt for 'insubordination' and Sarah for 'adultery'".[96] However, after a brief period of estrangement from Smith and the church in 1842, Orson Pratt labeled Bennett a liar:

J.C. Bennett has published lies concerning myself & family & the people with which I am connected....His book I have read with the greatest disgust. No candid honest man can or will believe it. He has disgraced himself in eyes of all civilized society who will despise his very name.[84]

Sidney Rigdon wrote a letter to the Messenger and Advocate in 1844 condemning the conduct of the Quorum of the Twelve,

It is a fact so well known that the Twelve and their adherents have endeavored to carry on this spiritual wife business ... and have gone to the most shameful and desperate lengths to keep from the public. First, insulting innocent females, and when they resented the insult, these monsters in human shape would assail their characters by lying, and perjuries, with a multitude of desperate men to help them effect the ruin of those whom they insulted, and all this to enable them to keep these corrupt practices from the world.[85]

According to Van Wagoner,

[Smith's] most pointed denial of plural marriage occurred on 5 October 1843 in instructions pronounced publicly in the streets of Nauvoo. Willard Richards wrote in Smith's diary that Joseph "gave instructions to try those who were preaching, teaching, or practicing the doctrine of plurality of wives...Joseph forbids it and the practice thereof. No man shall have but one wife".[97]

The Nauvoo Expositor

Rumours of Smith's involvement with polygamy continued to circulate in Nauvoo, to which Smith responded on May 26, 1844:

A man asked me whether the commandment was given that a man may have seven wives...I am innocent of all these charges, and you can bear witness of my innocence, for you know me yourselves...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..."[98]

A group of former church members were in open conflict with Smith for various economic and political reasons, and because Smith had disciplined some of them in church courts for adultery, thievery, and other crimes. William Law, a member of the First Presidency, became the head of this group. Accusations of church leader polygamy were published by the group in the Nauvoo Expositor on June 7, 1844, in which several signed and notarized affidavits from eyewitnesses about the revelation were reproduced. The affidavit by Law stated, "Hyrum Smith [read] a revelation from God, he said that he was with Joseph when it was received. ... The revelation (so called) authorized certain men to have more wives than one at a time."[59] The affidavit by Austin Cowles stated "In the latter part of the summer, 1843, the Patriarch, Hyrum Smith, did in the High Council, of which I was a member, introduce what he said was a revelation given through the Prophet [containing] the doctrine of a plurality of wives."[59]

Both Joseph and his brother Hyrum, days before their murder by a mob, spoke about the accusations at a Nauvoo city council meeting of June 8, 1844.[99][100][101][102] The meeting's purpose was ostensibly to address the Nauvoo Expositor's accusations of Mormon licentiousness, though after two days of consultation, Smith and the Nauvoo city council voted on June 10, 1844 to declare the paper a public nuisance and ordered the paper's printing press destroyed.[103] The published minutes quote Hyrum stating references "to the Revelation read to the High Council of the Church, which has caused so much talk about multiplicity of wives; that said Revelation was in answer to a question concerning things which transpired in former days, and had no reference to the present time[99][100][101][102] [original emphasis]. Following Hyrum, Joseph Smith said[102] "they make a criminality for a man to have a wife on earth while he has one in heaven" and that "the Revelation was given in view of eternity":[99][102] 'He received for answer, men in this life must marry in view of eternity, otherwise they must remain as angels, or be single in heaven, which was the amount of the Revelation referred to[.]'".[99][102]

In author H. Michael Marquardt's opinion, "this was an attempt by Smith to obscure the real intent of the revelatory message,"[99] and W. E. La Rue emphasizes the contradiction between the statements of the two brothers.[104] J. L. Clark writes that Hyrum's statement "appeared in the Nauvoo Neighbor of June 19, 1844, but was omitted from [B.H. Roberts' book] History of the Church, published years later in Utah."[101][105]

Joseph and Hyrum Smith were subsequently jailed and charged with treason against the state of Illinois for declaring martial law in Nauvoo. On June 27, 1844, in spite of a promise of protection from Illinois governor Thomas Ford, a mob attacked the prison and killed both brothers, an event that prompted Smith's successor Brigham Young to lead the Mormon Exodus to Utah in 1846–47.

1850s: official sanction

The Mormon doctrine of plural wives was officially announced by Orson Pratt and Brigham Young, Smith's successor, at a special conference at the Mormon Tabernacle on August 28, 1852, and reprinted in an extra edition of the Deseret News,[106] where Pratt stated:

It is well known, however, to the congregation before me, that the Latter-day Saints have embraced the doctrine of a plurality of wives, as part of their religious faith. ... I think, if I am not mistaken, that the Constitution gives the privilege to all inhabitants of this country, of the free exercise of their religious notions, and the freedom of their faith, and the practice of it. Then if it can be proven ... that the Latter-day Saints have actually embraced, as a part and portion of their religion, the doctrine of a plurality of wives, it is constitutional. ... There will be many who will not hearken, there will be the foolish among the wise who will not receive the new and everlasting covenant [plural marriage] in its fullness, and they never will attain to their exaltation, they never will be counted worthy to hold the sceptre of power over a numerous progeny, that shall multiply themselves without end, like the sand upon the seashore.

Young expounded on Pratt's words later that day. Young's proclamation began:

The doctrine which Orson Pratt discoursed upon this morning was the subject of a revelation anterior to the death of Joseph Smith. It is in opposition to what is received by a small minority of the world; but our people have for many years believed it, though it may not have been practiced by the elders. The original of this revelation has been burnt. William Clayton wrote it down from the Prophet's mouth; it found its way into the hands of Bishop Whitney [father of Smith's 16th wife Sarah Ann Whitney], who obtained Joseph Smith's permission to copy it. Sister Emma burnt the original. I mention this to you because such of you as are aware of the revelation, suppose that it no longer exists. I prophesy to you that the principle of polygamy will make its way, and will triumph over the prejudices and all the priestcraft of the day; it will be embraced by the most intelligent parts of the world as one of the best doctrines ever proclaimed to any people. You have no reason whatever to be uneasy; there is no occasion for your fearing that a vile mob will come hither to trample underfoot the sacred liberty which, by the Constitution of our country, is guaranteed to us. It has been a long time publicly known, and in fact was known during his life, that Joseph had more than one wife. A Senator, a member of Congress, was well aware of it, and was not the less our friend for all that; so much so, as to say that were this principle not adopted by the United States, we would live to see human life reduced to a maximum of thirty years. He said openly that Joseph had hit upon the best plan for re-invigorating men, and assuring a long life to them; and, also, that the Mormons are very good and very virtuous. We could not have proclaimed this principle a few years ago; everything must abide its time, but I am now ready to proclaim it. This revelation has been in my possession for many years, and who knew it? No one, except those whose business it was to know it. I have a patent lock to my writing-desk, and nothing gets out of it that ought not to get out of it. Without the doctrine which this revelation makes known to us, no one could raise himself high enough to become a god.[citation needed]

Pratt and Young's words came nine years after Smith's purported original revelation and five years after the Mormon Exodus to Utah.

Expansion and repudiation

Under Young, the practice of polygamy spread among Utah Mormons for 40 years. A maximum of 20–25% of LDS adults were members of polygamist households. One third of the women of marriageable age and nearly all of the church leadership were involved in the practice.[107] In 1890, the church repealed the practice of polygamy while under pressure by the United States government. The repeal was ostensibly directed by divine revelation to Wilford Woodruff and published as the 1890 Manifesto. Polygamy was finally effectively ended with the Second Manifesto.

Stance of other Latter Day Saint sects

Though the LDS church teaches that Joseph Smith taught plural marriage, other branches of the Latter Day Saint movement reject this position. The strongest rejection comes from the Reorganized Church of Jesus Christ of Latter Day Saints (RLDS). In the late nineteenth century, the origin of polygamy was one issue among many that RLDS and LDS used to assert one organization's legitimacy over the other. Joseph F. Smith, sixth president of the LDS Church, stated in responding to the claim that polygamy originated with Brigham Young rather than Joseph Smith, Jr.:

A careful reading of the revelation on plural marriage should convince any honest man that it was never written by Brigham Young, as it contains references to Joseph Smith himself, and his family, which would be utterly nonsensical and useless if written by President Young. The fact is, we have the affidavit of Joseph C. Kingsbury, certifying that he copied the original manuscript of the revelation within three days after the date on which it was written. I knew Joseph C. Kingsbury well. Furthermore, the revelation was read by Hyrum Smith to a majority of the members of the High Council, in Nauvoo, at about the time it was given, to which fact we have the sworn statements of the members of the High Council[108][109]

RLDS - Joseph Smith III

The first RLDS leader was Joseph Smith's oldest son Joseph Smith III. Smith III's ideas about his father and polygamy evolved throughout his life.[110]

Smith III was an ardent opponent of plural marriage. Throughout his tenure as Prophet-President, Smith denied his father's involvement and attributed it instead to Brigham Young. Smith III served many missions to the western United States where he met with associates and women who claimed to be his father's widows. In the end, Smith concluded that he was "not positive nor sure that [his father] was innocent" and that if, indeed, the elder Smith had been involved, it was still a false practice.[111]

Historical RLDS

From the 1880s to the 1960s, official RLDS publications maintained Smith's complete uninvolvement in polygamy.[112] This official position contradicted the testimony of earlier RLDS members who lived in Nauvoo during Joseph Smith's lifetime. It also overlooked disagreement within the ranks of the RLDS hierarchy on this issue.

One of the founders of the Reorganization, Jason W. Briggs, a presiding elder in Wisconsin during the early 1840s, maintained throughout his life that Joseph Smith, Jr. had originated polygamy and that God would punish Smith for his "transgressions." Briggs said that the church needed to simply deal with the issue and move on.[113] The editor of the earliest official RLDS periodical, Isaac Sheen, similarly affirmed Smith's involvement. He wrote that Joseph Smith, Jr. gave a revelation and committed polygamy, but repented of this "sin" before his death.[114] Sheen's statement was affirmed by William Marks, the stake president of Nauvoo during Joseph Smith, Jr.'s lifetime and a close counselor to Joseph Smith III. Marks claimed to have seen Hyrum Smith read the polygamy revelation to the High Council in 1843.[115][116] Marks also affirmed that Joseph Smith, Jr. had repented of the practice two to three weeks before his death in 1844.[2][117] Similarly, James Whitehead, an RLDS member and clerk for Joseph Smith, Jr. affirmed that Emma Smith gave plural wives to Joseph Smith, Jr. on several occasions that he witnessed.[118] Early in his life, Joseph Smith III could not affirm Marks and Whitehead despite the eye-witness nature of their statements.[citation needed]

Modern RLDS Restorationists

Modern RLDS Restorationists (such as the Restoration Branches) contend that polygamy originated with Brigham Young and not Joseph Smith, Jr., which was the official RLDS stance in the late nineteenth century. They note that the revelation endorsing polygamy and attributed to Smith was first presented by Young to his followers eight years after Smith's death as evidence that the revelation did not originate with Smith. They often cite Smith's own critical words on the subject of polygamy in official church publications as further evidence. They do not see the isolated statements to the contrary by early church reorganization leaders such as Isaac Sheen, William Marks, or Jason W. Briggs as credible,[119] and they deny the legitimacy and truthfulness of sources that are commonly cited to prove that Joseph Smith Jr. was practicing or promoting plural and celestial marriage.

Community of Christ

The Community of Christ, formerly the RLDS, has not made a definitive statement that Smith taught and practiced polygamy. Instead, their approach has been to stress their historical abhorrence of polygamy, that members of the church and the leadership are open to continue their "ongoing quest for truth", and that "the Community of Christ takes into account the growing body of scholarly research and publications depicting the polygamous teachings and practices of the Nauvoo period of church history (1840–1846)". Further,

The research findings seem to increasingly point to Joseph Smith Jr. as a significant source for plural marriage teaching and practice at Nauvoo. However, several of Joseph Smith’s associates later wrote that he repudiated the plural marriage system and began to try to stop its practice shortly before his death in June 1844.[120]

A segment of church members vehemently deny Smith's complicity, although the church no longer sees the issue as important. For people concerned about the topic and related to the RLDS tradition, the issue remains as much about current liberal versus conservative church politics as it does an issue of history.[121]

See also


  1. ^ a b c d e f g Foster 1981
  2. ^ a b Quinn 1994
  3. ^ a b c d Compton 1997
  4. ^ Launius 1988
  5. ^ Van Wagoner 1989
  6. ^ Newell 1994
  7. ^ a b Times and Seasons, Volume 5 No.6 page 423 "As we have lately been credibly informed, that an Elder of the Church of Jesus Christ, of Latter-day Saints, by the name of Hiram Brown, has been preaching Polygamy, and other false and corrupt doctrines, in the county of Lapeer, state of Michigan."
  8. ^ Roberts, B. H. (1912), History of the Church, 6, Deseret News, pp. p. 411, http://books.google.com/?id=pGi-iiz6juYC, "What a thing it is for a man to be accused of committing adultery, and having seven wives, when I can only find one." 
  9. ^ Whitmer 1887
  10. ^ Times and Seasons, Volume 5 No. 3 page 474
  11. ^ The Latter-Day Saints' Millennial Star 4 [January 1844]: 144
  12. ^ "It is difficult to determine exactly when Joseph Smith first felt compelled to practice polygamy." (Van Wagoner 1989, pp. 3)
  13. ^ Foster 1981, pp. 135
  14. ^ a b c Marquardt 1999
  15. ^ Arrington 1992, pp. 195
  16. ^ "A photograph of W. W. Phelps' copy of the alleged 1831 revelation which commands Mormons to marry Indians so that their posterity would become "white."". Archived from the original on 2008-06-24. http://web.archive.org/web/20080624205300/http://www.ldsfreedom.org/PAGES/TOPICS_PAGES/Polyandry_Data/indianpolygamyp230bshadow.gif. Retrieved 2008-06-20. "A photograph of the important part of W. W. Phelps' copy of the alleged 1831 revelation which commands Mormons to marry Indians so that their posterity would become "white." The original is in the LDS historical department." 
  17. ^ a b Ezra Booth, letter dated 6 December 1831, Ohio Star (Ravenna, Ohio), 8 December 1831. Text at Saints Without Halos. Reprinted in (Howe 1834). "… it has been made known by revelation, that it will be pleasing to the Lord, should they [the Mormons] form a matrimonial alliance with the Natives; and by this means the Elders, who comply with the thing so pleasing to the Lord, and for which the Lord has promised to bless those who do it abundantly, gain a residence in the Indian territory, independent of the agent. It has been made known to one, who has left his wife in the state of N.Y. that he is entirely free from his wife, and he is at liberty to take him a wife from among the Lamanites."
  18. ^ a b Whittaker 1985
  19. ^ A fuller version of Phelp's handwritten transcript of the 1831 polygamy revelation reads:
    Part of a revelation by Joseph Smith Jr. given over the boundary, west of Jackson Co. Missouri, on Sunday morning, July 17, 1831, when Seven Elders, viz: Joseph Smith, Jr., Oliver Cowdery, W. W. Phelps, Martin Harris, Joseph Coe, Ziba Peterson, and Joshua Lewis united their hearts in prayer, in a private place, to inquire of the Lord who should preach the first sermon to the remnants of the Lamanites and Nephites [Native Americans], and the people of that Section, that should assemble that day in the Indian country, to hear the gospel, and the revelations according to the Book of Mormon.
    Among the company, there being neither pen, ink or paper, Joseph [Smith, Jr.] remarked that the Lord could preserve his words as he had ever done, till the time appointed, and proceeded:
    Verily, verily, saith the Lord your Redeemer, even Jesus Christ, the light and the life of the world, ye can not discerne with your natural eyes, the design and the purpose of your Lord and your God, in bringing you thus far into the wilderness for a trial of your faith, and to be especial witnesses, to bear testimony of this land, upon which the Zion of God shall be built up in the last days, when it is redeemed. ...
    [I]t is my will, that in time, ye should take unto you wives of the Lamanites and Nephites, that their posterity may become white, delightsome, and Just, for even now their females are more virtuous than the gentiles.
    Gird up your loins and be prepared for the mighty work of the Lord to prepare the world for my second coming to meet the tribes of Israel according to the predictions of all the holy prophets since the beginning; ...
    Be patient, therefore, possessing your souls in peace and love, and keep the faith that is now delivered unto you for the gathering of scattered Israel, and lo, I am with you, though ye cannot see me, till I come: even so. Amen.
  20. ^ Smith 1830
  21. ^ Campbell 1996, pp. 119–135
  22. ^ Arrington 1992
  23. ^ a b Tanner 1987
  24. ^ Brodie 1971, pp. 184
  25. ^ Tanner 1987, pp. 91
  26. ^ BYU history professor Hyrum Andrus, who writes "the Prophet understood the principle of plural marriage as early as 1831. … [a]ccording to Elder Phelps, the revelation then indicated that in due time the brethren would be required to take plural wives." (Andrus 1973)
  27. ^ (Arrington 1992) Historians Leonard Arrington and Davis Bitton refer to the Phelps' document as "a copy of a purported revelation," and conclude that "obviously possibilities [for polygamy] were being considered in the early 1830's [sic]."
  28. ^ (Van Wagoner 1989) Richard Van Wagoner questioned the thirty year gap between the revelation and Phelps' later recollection: "... the Phelps letter has been widely touted as the earliest source documenting the advocacy of Mormon polygamy, [but] it is not without its problems. For example, Phelps himself, in a 16 September 1835 letter to his wife, Sally, demonstrated no knowledge of church-sanctioned polygamy: 'I have no right to any other woman in this world nor in the world to come according to the law of the celestial kingdom.'"
  29. ^ (Whittaker 1985) David J. Whittaker contends that in 1861 it is "possible that Phelps added his own understanding thirty years later, Ezra Booth confirms early talk about marrying Indians, but the reasons for doing so probably did not include polygamy or even changing skin color, but rather facilitating entrance into the reservation for missionary work."
  30. ^ Journal History, 26 August 1857; cited by Hyrum Leslie Andrus, Doctrines of the Kingdom (Salt Lake City, Utah: Desert Book Co., 1999), 489n436 (Andrus 1973)
  31. ^ Wife recognized by The Church of Jesus Christ of Latter-day Saints as shown in Joseph Smith's genealogical record at the LDS church's website FamilySearch ("FamilySearch". http://www.familysearch.org/Eng/Search/AF/individual_record.asp?recid=7762167. Retrieved 2008-07-01. )[unreliable source?] Compton 1997, Smith 1994, pp. 13–15, and Brodie 1971.
  32. ^ Newell 1994, pp. 65, link.
  33. ^ Mary Elizabeth Rollins Lightner to Emmeline B. Wells, Summer 1905, LDS Archives.
  34. ^ Orson Pratt, "Celestial Marriage," Journal of Discourses, reported by David W. Evans (7 October 1869), Vol. 13 (London: Latter-day Saint's Book Depot, 1871), 192–93.
  35. ^ Lyman Johnson as recounted by Orson Pratt, "Report of Elders Orson Pratt and Joseph F. Smith," The Latter-day Saints' Millennial Star, vol. 40, no. 50 (16 December 1878): 788.
  36. ^ Todd M. Compton, In Sacred Loneliness: The Plural Wives of Joseph Smith (Salt Lake City: Signature Books, 1997), 644; citing Mosiah Hancock Autobiography, 61–62.
  37. ^ Clayton relates: "On the 1st day of May, 1843, I officiated in the office of an Elder by marrying Lucy Walker to the Prophet Joseph Smith, at his own residence. During this period the Prophet Joseph took several other wives. Amongst the number I well remember Eliza Partridge, Emily Partridge, Sarah Ann Whitney, Helen Kimball and Flora Woodworth. These all, he acknowledged to me, were his lawful, wedded wives, according to the celestial order. His wife Emma was cognizant of the fact of some, if not all, of these being his wives, and she generally treated them very kindly." - Clayton Affidavit - as quoted at http://www.webcitation.org/query?url=http://www.geocities.com/Athens/Delphi/3750/Clayton_intro.html&date=2009-10-25+05:57:47
  38. ^ The Evening and the Morning Star 2 [August 1834]: 181
  39. ^ Latter Day Saints' Messenger and Advocate 2 [October 1835]: 204-207 states that "On August 21, 1835, nine of the Twelve met in conference at Saco, Maine"
  40. ^ RLDS History of the Church 1:583
  41. ^ LDS History of the Church 2:252
  42. ^ Times and Seasons 6 [November 1, 1845]
  43. ^ Stewart, J.J. (1961) Brigham Young and His Wives, at 85
  44. ^ Carter, K.B. (1973) Our pioneer heritage 6, 187-189
  45. ^ Journal of Orson Hyde and the Missionary Journal of Samuel Harrison Smith 1832, LDS Church Historical Department, Salt Lake City]
  46. ^ Ridlon, G.T. Cochran Delusion/Mormon Invasion, in Saco Valley Settlements and Families: Historical, Biographical, Genealogical, Traditional, and Legendary (Rutland, Vermont: Charles E. Tuttle, 1895), 269 ff..
  47. ^ Miller, T. (2005) Social roots of the Mormon United Order, Center for Studies on New Religions, University of Kansas
  48. ^ Latter Day Saints' Messenger and Advocate [August 1835]: 163
  49. ^ History of the Church (1835) 2: 247
  50. ^ History of the Church (1836) 5:30
  51. ^ Doctrine and Covenants [1835 Edition] 101:4
  52. ^ William Clayton Journal, entry for July 12, 1843 - excerpts can be found online at http://www.webcitation.org/query?url=http://www.geocities.com/Athens/Delphi/3750/Clayton_intro.html&date=2009-10-25+05:57:47
  53. ^ The 1843 polygamy revelation was proclaimed by Church leader Brigham Young on 29 August 1852 in the Tabernacle of Salt Lake City and codified in the 1870s in Mormon Doctrine and Covenants, 132:1–4, 19, 20, 24, 34, 35, 38, 39, 52, 60–66 which states in part that:
    Verily, thus saith the Lord unto you my servant Joseph, that inasmuch as you have inquired of my hand to know and understand wherein I, the Lord, justified my servants Abraham, Isaac, and Jacob, as also Moses, David and Solomon, my servants, as touching the principle and doctrine of their having many wives and concubines—
    Behold, and lo, I am the Lord thy God, and will answer thee as touching this matter.
    Therefore, prepare thy heart to receive and obey the instructions which I am about to give unto you; for all those who have this law revealed unto them must obey the same.
    For behold, I reveal unto you a new and an everlasting covenant; and if ye abide not that covenant, then are ye damned; for no one can reject this covenant and be permitted to enter into my glory. ...
    if a man marry a wife by my word, which is my law, and by the new and everlasting covenant, and it is sealed unto them by the Holy Spirit of promise, by him who is anointed, unto whom I have appointed this power and the keys of this priesthood ...
    Then shall they be gods, because they have no end ...
    to know the only wise and true God, and Jesus Christ, whom he hath sent. I am he. Receive ye, therefore, my law. ...
    God commanded Abraham, and Sarah gave Hagar to Abraham to wife. And why did she do it? Because this was the law; and from Hagar sprang many people. This, therefore, was fulfilling, among other things, the promises. ...
    Was Abraham, therefore, under condemnation? Verily I say unto you, Nay; for I, the Lord, commanded it. ...
    Abraham received concubines, and they bore him children; and it was accounted unto him for righteousness, because they were given unto him, and he abode in my law; as Isaac also and Jacob did none other things than that which they were commanded; and because they did none other things than that which they were commanded, they have entered into their exaltation, according to the promises, and sit upon thrones, and are not angels but are gods.
    David also received many wives and concubines, and also Solomon and Moses my servants, as also many others of my servants, from the beginning of creation until this time; and in nothing did they sin save in those things which they received not of me. ...
    David's wives and concubines were given unto him of me ...
    And let mine handmaid, Emma Smith, receive all those that have been given unto my servant Joseph ...br/> Let no one, therefore, set on my servant Joseph; for I will justify him ...
    as pertaining to the law of the priesthood—if any man espouse a virgin, and desire to espouse another, and the first give her consent, and if he espouse the second, and they are virgins, and have vowed to no other man, then is he justified; he cannot commit adultery for they are given unto him; for he cannot commit adultery with that that belongeth unto him and to no one else.
    And if he have ten virgins given unto him by this law, he cannot commit adultery, for they belong to him, and they are given unto him; therefore is he justified. ...
    [T]hen shall she believe and administer unto him, or she shall be destroyed, saith the Lord your God; for I will destroy her; ... if she receive not this law ... she then becomes the transgressor; and he is exempt[.]
  54. ^ Joseph Smith's 12 July 1843 polygamy revelation on plural marriage with the demand that Emma Smith, the first wife, accept all of Joseph Smith's plural wives. See the Doctrine and Covenants, 132:1–4, 19, 20, 24, 34, 35, 38, 39, 52, 60–66.
  55. ^ "... if she receive not this law ... she then becomes the transgressor; and he is exempt[.]" The final portion of D&C 132:65 has been interpreted as meaning that the husband is exempt from asking for his wife's consent in the future.Cherniak, Cetti (2007), "The Theology of Desire", Dialogue: A Journal of Mormon Thought 40 (2), http://dialoguejournal.metapress.com/app/home/contribution.asp?referrer=parent&backto=issue,2,10;journal,5,22;linkingpublicationresults,1:113395,1. 
  56. ^ D&C 132:62-63
  57. ^ "Millenial Star Supplement". Millennial Star Supplement 15: p. 30. 1853. http://contentdm.lib.byu.edu/cdm4/document.php?CISOROOT=/MStar&CISOPTR=7334&REC=16. 
  58. ^ Church History, Volume 3, page 352
  59. ^ a b c William Law (1844-06-07). "Nauvoo Expositor". Nauvoo Expositor. http://www.solomonspalding.com/docs/exposit1.htm. 
  60. ^ Tandy, J. Differences between the RLDS and LDS Doctrine and Covenants on the subject of Marriage
  61. ^ Saints' Herald 65:1044–1045
  62. ^ Times and Seasons, Volume 5, p. 423, see also Volume 5, page 474; Volume 5, pp 490-491
  63. ^ "Remembering the Wives of Joseph Smith". http://www.wivesofjosephsmith.org/home.htm. Retrieved 2008-07-01.  The table of references for these ages are listed at "References for the ages of the Wives of Joseph Smith". http://www.wivesofjosephsmith.org/References.html. Retrieved 2008-07-01. 
  64. ^ Krakauer 2003, pp. 120
  65. ^ Wife recognized by The Church of Jesus Christ of Latter-day Saints as shown in Joseph Smith's genealogical record at the LDS church's website FamilySearch ("FamilySearch". http://www.familysearch.org/Eng/Search/AF/individual_record.asp?recid=7762167. Retrieved 2008-07-01. ),[unreliable source?] Compton 1997, Smith 1994, pp. 13–15, and Brodie 1971.
  66. ^ Brodie 1971
  67. ^ a b Krakauer 2003. Krakauer also quotes Miranda's older brother Luke Johnson,

    "[the mob] had Dr. Dennison there to perform the operation [of castration]; but when he saw the Prophet stripped and stretched on the plank, his heart failed him and he refused to operate."

  68. ^ Compton 1996
  69. ^ Brodie 1971, p. 457
  70. ^ Quinn 1994, p. 587
  71. ^ Smith 1994, p. 14
  72. ^ Compton 1996, p. 17,29
  73. ^ "Joseph was very free in his talk about his women. He told me one day of a certain girl and remarked, that she had given him more pleasure than any girl he had ever enjoyed. I told him it was horrible to talk like this."- Joseph Smith's councilor, William Law (who later betrayed Smith) Interview in Salt Lake Tribune, July 31, 1887
  74. ^ When Heber C. Kimball asked Sister Eliza R. Snow the question if she was not a virgin although married to Joseph Smith, she replied, "I thought you knew Joseph Smith better than that." - Stake President Angus M. Cannon, statement of interview with Joseph III, 23, LDS archives.
  75. ^ Jacobs, Zina Diantha Huntington, Maureen Ursenbach Beecher, ed., "All Things Move in Order in the City: The Nauvoo Diary of Zina Diantha Huntington Jacobs", BYU Studies 19 (3): 285, http://www.lds-mormon.com/zina.shtml. 
  76. ^ a b Moore, Carrie (2007-11-10). "DNA tests rule out 2 as Smith descendants". Deseret Morning News. http://deseretnews.com/article/1,5143,695226318,00.html. Retrieved 2007-11-12. 
  77. ^ "Research focuses on Smith family". Deseret News. 2005-05-28. http://deseretnews.com/dn/view/0,1249,600137517,00.html. 
  78. ^ "DNA tests rule out 2 as Smith descendants: Scientific advances prove no genetic link". Deseret News. 2007-11-10. http://deseretnews.com/article/1,5143,695226318,00.html. 
  79. ^ a b Perego, Ugo A.; Myers, Natalie M.; Woodward, Scott R. (Summer 2005), "Reconstructing the Y-Chromosome of Joseph Smith, Jr.: Genealogical Applications" (PDF), Journal of Mormon History 32 (2), http://mha.wservers.com/pubs/TOC/05_July_Journal_TOC.pdf. 
  80. ^ The Prophet Joseph Smith and His Plural Wives, Anderson, Richard L. & Faulring, Scott H., FARMS Review of Books 10:2
  81. ^ Smith 1971, pp. 113 link
  82. ^ Joseph Smith the Prophet: his Family and his Friends, copy of Wilhelm Ritter von Wymetal's 1886 book
  83. ^ Wymetal 1886, pp. 60–61 link
  84. ^ a b c d e Van Wagoner 1986
  85. ^ a b Van Wagoner 1986, pp. 83
  86. ^ Newell 1994, pp. 111
  87. ^ Newell 1994, pp. 111–113
  88. ^ a b c Smith 1971
  89. ^ Bennett 1842
  90. ^ Sillito 2002
  91. ^ Nauvoo Wasp 1 [October 15, 1842]: 2
  92. ^ Nauvoo Wasp 1 [October 15, 1842]: 2
  93. ^ Van Wagoner 1986, pp. 76–77
  94. ^ Van Wagoner 1986, pp. 77
  95. ^ Watson, E.J. (1975) The Orson Pratt Journals, Salt Lake City: 180
  96. ^ Van Wagoner, R.S. & Walker, S.C. (1982) A Book of Mormons, Salt Lake City: Signature Books ISBN 0-941214-06-0, at 212
  97. ^ Van Wagoner, R.S. (1994) Sidney Rigdon: A Portrait of Religious Excess Salt Lake City: Signature Books, at 292
  98. ^ History of the Church of Jesus Christ of Latter Day Saints, 6:410-41
  99. ^ a b c d e Marquardt 2005
  100. ^ a b Marquardt 1999, p. 312
  101. ^ a b c Clark 1968
  102. ^ a b c d e La Rue 1919
  103. ^ Roberts 1912. The council met on June 8 and June 10 to discuss the matter.
  104. ^ La Rue 1919, p. 216.
  105. ^ The Journal of American History's review of Clark's book states that "1844 is fairly accurate and perceptive." Frank Otto Gatell; Pessen, Edward (1970), "Review [untitled]", Journal of American History (Organization of American Historians) 57 (2): 426–428, doi:10.2307/1918185, JSTOR 1918185. 
  106. ^ "Minutes of conference : a special conference of the elders of the Church of Jesus Christ of Latter-day Saints assembled in the Tabernacle, Great Salt Lake City, August 28th, 1852, 10 o'clock, a.m., pursuant to public notice". Deseret News Extra. 14 September 1852. p. 14. http://contentdm.lib.byu.edu/cdm4/document.php?CISOROOT=/NCMP1847-1877&CISOPTR=2917&CISOSHOW=2859. 
  107. ^ Encyclopedia of Mormonism. MacMillan(1992) p. 1095
  108. ^ Smith 1919, p. 490
  109. ^ See also: Improvement Era, Vol. 5, October, 1902, p. 988.
  110. ^ Launius 1988, pp. 190–267
  111. ^ Launius 1988, p. 208
  112. ^ Howlett 2004, pp. 150–151
  113. ^ Launius 1988, p. 277
  114. ^ True Latter Day Saints' Herald 1 (January 1860):24.
  115. ^ Launius 1988, p. 201
  116. ^ See the quote of RLDS church leadership "joint council" minutes from 2 May 1865.
  117. ^ Launius 1988, p. 199
  118. ^ Quinn 1994, p. 237,442;Lauinus 1988, p. 207
  119. ^ Price,"Joseph Smith Fought Polygamy," p. 207-217.
  120. ^ Frequently Asked Questions, Community of Christ, (accessed August 13, 2008)
  121. ^ Howlett 2004, pp. 149–172


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  35. Whittaker, David J. (1985), "Mormons and Native Americans: A Historical and Bibliographical Introduction", Dialogue: A Journal of Mormon Thought 18 (4): 35, http://content.lib.utah.edu/cdm4/document.php?CISOROOT=/dialogue&CISOPTR=23069&CISOSHOW=22897 .
  36. Wymetal, Wilhelm Ritter von (1886), Joseph Smith, the Prophet, His Family, and His Friends: A Study Based on Facts and Documents, Salt Lake City, UT: Tribune Printing and Publishing Company, pp. 60–61, http://olivercowdery.com/smithhome/1886WWyl.htm#pg061a .
  37. Gordon, Sarah Barringer (2003), "A War of Words: Revelation and Storytelling in the Campaign against Mormon Polygamy", Chicago Kent Law Review (University of Chicago, Kent School of Law) 78: 739–772. .

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