History is messy. If you look at Joseph Smith through the lens of modern legal standards or 19th-century frontier politics, you get two very different answers. Some see him as a persecuted martyr; others see a man who was constantly in and out of courtrooms for a reason. So, was Joseph Smith a criminal in the eyes of the law, or was he a victim of his own circumstances?
To really answer that, you have to look at the paperwork. We're talking about dozens of arrests, multiple jail stays, and charges ranging from "glass looking" to high treason. It isn't just a "yes" or "no" question. It’s a rabbit hole of legal precedents, religious tension, and a very chaotic American frontier.
The Early Days and the Glass Looking Charge
Before the Book of Mormon was even a thing, Joseph Smith was already in legal trouble. In 1826, a 20-year-old Smith found himself in a courtroom in Bainbridge, New York. The charge? Being a "disorderly person" and an imposter.
Basically, he had been hired by a guy named Josiah Stowell to find buried treasure using a "seer stone." People back then called it money-digging or glass looking. While Stowell actually defended Smith in court, saying he trusted him, the public didn't buy it. Some historians, like Richard Bushman, note that this trial is one of the best-documented early interactions Smith had with the law. It’s a weird spot in history because it shows a young man engaging in folk magic that was technically illegal under New York’s vagrancy laws at the time.
Did he get convicted? The records are actually a bit murky. Some documents suggest he was found guilty but told to "leg bail" it—which is 19th-century slang for "run away and don't come back." Others say he was acquitted. Either way, it set a pattern.
The Kirtland Safety Society Scandal
Fast forward to 1837. Smith is now a religious leader in Kirtland, Ohio. Things are getting bigger, and the church needs money. So, they start a bank called the Kirtland Safety Society. There was just one massive problem: they didn't have a state charter to operate as a bank.
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When the bank collapsed during the Panic of 1837, people lost everything. Smith was charged with illegal banking. He was fined $1,000, which was a fortune back then. He didn’t stay to pay it; he headed for Missouri. This is where the "criminal" label starts to stick in the minds of his critics. Was it a deliberate scam or just really bad financial planning? Honestly, it depends on who you ask, but the legal reality was that he operated an unchartered financial institution, which was a crime.
The Missouri War and Treason
Missouri was a nightmare for the early Saints. The tension between the locals and the Mormon settlers escalated into actual combat—the 1838 Mormon War. After the Haun's Mill Massacre and the "Extermination Order" issued by Governor Lilburn Boggs, Smith surrendered at Far West.
He was charged with treason against the state of Missouri.
This wasn't just a misdemeanor. This was a "you might get executed" level of trouble. He was held in Liberty Jail for months in conditions that were, frankly, horrific. The cell was cold, the food was barely edible, and the ceiling was so low he couldn't stand up straight.
But here is the kicker: he never went to trial for treason. While being moved from one county to another, the guards essentially looked the other way and let him and his companions escape. Why? Probably because the state knew their case was legally thin and they just wanted him out of Missouri. If you're wondering was Joseph Smith a criminal for his actions in Missouri, the state certainly thought so, but they never proved it in a court of law.
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The Destruction of the Nauvoo Expositor
The event that actually led to his death was the destruction of the Nauvoo Expositor. This is probably the most clear-cut case of Smith using his power to bypass the law.
In 1844, a group of former church members published a newspaper that criticized Smith, specifically attacking his secret practice of polygamy and his growing political power. As the Mayor of Nauvoo and the Lieutenant General of the Nauvoo Legion, Smith ordered the city council to declare the newspaper a "public nuisance."
They didn't just stop the printing. They smashed the press and burned the type in the street.
This was a massive violation of the First Amendment, even by 1840s standards. It sparked an absolute firestorm of rage in the surrounding Illinois communities. Smith was arrested for inciting a riot. He eventually surrendered at Carthage Jail, where he was killed by a mob before he could ever stand trial.
Understanding the Legal Context
To be fair to the guy, the 1800s were a wild time. The legal system was often used as a weapon. If people didn't like your religion or your politics, they’d sue you or swear out a warrant for your arrest just to harass you. Smith faced nearly 30 trials in his life, and in the vast majority of them, he was acquitted or the charges were dropped.
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However, we can't ignore the fact that he frequently merged his religious authority with civil and military power. In Nauvoo, he was the judge, the jury, the mayor, and the general. When you hold that much power, the line between "following the law" and "making the law" gets very blurry.
Common Charges Leveled Against Him:
- Fraud: Mostly related to the early money-digging years.
- Illegal Banking: The Kirtland Safety Society disaster.
- Treason: Both in Missouri and later in Illinois for declaring martial law.
- Inciting a Riot: The destruction of the Expositor press.
- Adultery/Bigamy: Though never successfully prosecuted, these warrants were frequently sought because of his secret plural marriages.
Was He Actually a Criminal?
If you define a criminal as someone convicted of a felony, the list is short. Most of his legal battles ended in acquittals or escapes. But if you define a criminal as someone who knowingly breaks the law to achieve a goal—like running an illegal bank or destroying a private printing press—then the evidence is much stronger.
The truth is somewhere in the middle. He was a man who felt the laws of the land were often being used unfairly against his people, so he felt justified in bypassing them. At the same time, his actions often gave his enemies exactly the "proof" they needed to label him a lawbreaker.
He lived a life of constant litigation. It’s one of the most documented legal histories of any American figure in the 19th century. Whether he was a criminal or a victim of religious persecution remains one of the most debated topics in American religious history.
Actionable Insights for History Buffs
If you want to dig deeper into the legal history of Joseph Smith, don't just take one side's word for it. History is better when you look at the raw data.
- Read the Court Transcripts: The Joseph Smith Papers Project has digitized almost every legal document related to his life. You can read the actual warrants and witness testimonies yourself.
- Compare the Laws: Look at 19th-century New York and Illinois state laws. What we consider a minor issue today (like printing a harsh op-ed) was viewed through a much more violent lens back then.
- Visit the Sites: If you ever find yourself in Illinois, Carthage Jail is a somber place that puts the scale of the conflict into perspective.
- Look at the Nauvoo City Charter: This document gave Smith almost unprecedented power, which explains why he felt he could legally destroy the Expositor. Understanding the charter is key to understanding his legal mindset.
The question of whether Smith was a criminal isn't just about him—it's about how early America struggled to balance religious freedom with the rule of law. It’s a tension that, in some ways, we are still figuring out today.