Smith, Joseph Jr. : Martyrdom

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• ⋮Actions for “The event that focused anti-Mormon hostilities and led directly”

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  The event that focused anti-Mormon hostilities and led directly to the Martyrdom was the action of Mayor Joseph Smith and the city council in closing a newly established opposition newspaper in Nauvoo. Mormon historians—including Elder B. H. Roberts—had conceded that this action was illegal, but as a young law professor pursuing original research, I was pleased to find a legal basis for this action in the Illinois law of 1844. The amendment to the United States Constitution that extended the guarantee of freedom of the press to protect against the actions of city and state governments was not adopted until 1868, and it was not enforced as a matter of federal law until 1931. (See Dallin H. Oaks, “The Suppression of the Nauvoo Expositor,” Utah Law Review 9 [1965], 862–902.) We should judge the actions of our predecessors on the basis of the laws and commandments and circumstances of their day, not ours. As students at the University of Chicago, historian Marvin S. Hill and I were intrigued with the little-known fact that five men went to trial in Illinois for the murders of Joseph and Hyrum Smith. For over 10 years we scoured libraries and archives across the nation to find every scrap of information about this trial and those involved in it. We studied the actions and words of Illinois citizens who knew Joseph Smith personally, some who hated him and plotted to kill him, and others who loved him and risked their lives to witness the trial of his accused assassins. Nothing in our discoveries in the original court records or in the testimony at the lengthy trial disclosed anything that reflected dishonor on the men who were murdered. (See Dallin H. Oaks and Marvin S. Hill, Carthage Conspiracy [1975].)

  Elder Dallin H. Oaks

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  • Smith, Joseph Jr. : Martyrdom

  21 Oct 2026