Why was Joseph Smith killed? Did early Mormons try to start their own independent country? And did you know 19th-century Mormon bishops literally served as civil judges?
In this episode of Gospel Tangents, host Rick Bennett sits down with Nathan Oman, law professor and author of Law and the Restoration, to uncover some of the most explosive and fascinating legal history of the Latter-day Saints. We dive deep into the unique world of 19th-century Mormon church courts, where bishops bypassed the traditional secular systems to build a harmonious Zion. Discover how these bishops handled financial disputes, strictly enforcing contracts for those who could pay, while actually helping poor and vulnerable members pay off their debts based on a highly “moralized vision” of equality. We also look into Joseph Smith and Brigham Young’s efforts to repay creditors following the Kirtland banking failure.
The episode also cracks open the secrets of the Council of 50. Learn about their aborted attempt to write an inspired constitution for the Kingdom of God—drafted by John Taylor, Parley P. Pratt, and Willard Richards—which was ultimately abandoned because it lacked the necessary legal detail to function. Oman explains the Council’s radical political maneuvers to move the Saints beyond U.S. borders into the Far West to carve out an independent nation, much like what had just happened in Texas. Finally, we explore the explosive “witch’s brew” of 1844 Illinois that ultimately led to Joseph Smith’s murder. Why was Joseph Smith killed? Why did the Nauvoo Expositor paint him as a “tyrant in waiting”?
Learn how critics used centuries-old Protestant tropes, which naturally linked claiming to be a prophet with Anabaptist history, polygamy, and sexual licentiousness, to create a recognizable villain out of Joseph Smith. In this video, we cover: Mormon Bishops acting as literal civil judges in monetary disputes. How church courts forgave debts and handled secular bankruptcies. The aftermath of the Kirtland Safety Society failure. The Council of 50’s secret, unfinished Constitution. Mormon plans to build an independent country outside U.S. borders. The Nauvoo Expositor, polygamy, and the political fears that got Joseph Smith killed.
📚 Guest: Nathan Oman, law professor at William & Mary and author of Law and the Restoration.
🔓 Want the full, uncut conversation? Sign up at patreon.com/gospeltangents to hear this entire interview without interruptions and to support the Gospel Tangents podcast network!
Oman is the author of 2 volumes of Law and the Restoration Volume 1 and Volume 2, from Greg Kofford Books.
CHAPTERS
0:00 Bishops Legal Courts
5:11 Joseph Tried to Pay Kirtland Bank Debts
7:29 Council of 50 Constitution
10:58 Joseph’s Crown Leads to Expositor Death
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