Episode 8: A Conversation with Dallin H. Oaks and Richard E. Turley Jr.
Jun 22, 2023
auto_awesome
President Dallin H. Oaks and Richard E. Turley Jr. discuss the legal history and legacy of Joseph Smith. They explore the suppression of the Nauvoo expositor, settlement of Joseph Smith's estate, trial of his assassins, and the significance of the martyrdom. They also highlight the importance of preserving and sharing Joseph Smith's documents.
Understanding the legal context is crucial for comprehending the events leading to Joseph Smith's martyrdom.
Jury nullification played a significant role in the acquittal of the accused assassins, highlighting challenges in establishing justice for minorities.
Deep dives
Understanding the Cultural Context of the Martyrdom
The podcast episode emphasizes the significance of understanding the political, financial, and legal cultures surrounding the murder of Joseph and Hiram Smith, noting that they evolved over time. By discussing the laws and legal culture of the United States in 1844 and Illinois in particular, the episode provides historical context crucial for comprehending the events leading to the martyrdom. President Dallin H. Oaks' scholarly contributions on the legal context shed light on the suppression of the Nauvoo expositor, the settling of Joseph Smith's estate, and the trial of the prophets' accused assassins.
The Legal Context of the Nauvoo Expositor
President Oaks' research on the legal justification for suppressing the Nauvoo expositor challenges the view that the City Council's action was entirely illegal. While acknowledging the disastrous consequences and potential alternative means that could have been employed, Oaks argues that the criticism of the City Council's suppression of the newspaper was based on a misapplication of the freedom of the press provision of the United States Constitution, which did not apply to Nauvoo at the time. The podcast highlights the extensive study Oaks conducted on the legal affairs of Joseph Smith in and around Nauvoo, shedding light on the legal context of the era.
The Debt and Bankruptcy of Joseph Smith
The podcast delves into the fascinating legal and financial aspects of Joseph Smith's life, including his bankruptcy filing and the debt he incurred to purchase a steamboat for Nauvoo's economy. President Oaks' research, along with that of Joseph Bentley, reveals the complexities surrounding Joseph Smith's personal finances and the disposition of his estate after his martyrdom. The discussion offers insights into the legal and financial challenges faced by Joseph Smith, the questionable legal advice he received, and the impact on the settling of his estate following his death.
Trials, Jury Nullification, and the Martyrdom
The podcast explores the trial of the accused assassins of Joseph and Hiram Smith and reveals compelling research findings on jury nullification. The biased jury selection process, orchestrated to exclude Mormons, led to the acquittal of the defendants despite ample evidence against them. President Oaks and Rick Turley draw parallels to the civil rights trials of the same era and highlight how jury nullification was used to prevent punishment for crimes committed against minorities. The conversation sheds light on the implications of jury nullification in the pursuit of justice and the challenges faced in establishing civil rights.
In this episode, President Dallin H. Oaks recounts his experiences and discoveries researching the legal history of the events surrounding the martyrdom. President Oaks and Richard E. Turley Jr. also reflect on the historical and spiritual legacy of Joseph Smith. Guests: President Dallin H. Oaks, Richard E. Turley Jr.
Get the Snipd podcast app
Unlock the knowledge in podcasts with the podcast player of the future.
AI-powered podcast player
Listen to all your favourite podcasts with AI-powered features
Discover highlights
Listen to the best highlights from the podcasts you love and dive into the full episode
Save any moment
Hear something you like? Tap your headphones to save it with AI-generated key takeaways
Share & Export
Send highlights to Twitter, WhatsApp or export them to Notion, Readwise & more
AI-powered podcast player
Listen to all your favourite podcasts with AI-powered features
Discover highlights
Listen to the best highlights from the podcasts you love and dive into the full episode