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Joseph Smith Fought Polygamy
Volume I
How Men Nearest
the Prophet Attached Polygamy to His Name
in Order to Justify Their Own Polygamous Crimes
By Richard and
Pamela Price |
"What a thing it is
for a man to be accused of committing adultery, and having seven
wives,
when I can only find one"—Joseph Smith (LDS
History of the Church 6:411).
[ Joseph
Smith Fought Polygamy Index ]
Chapter 12
Chauncey L. Higbee Expelled for Polygamous Activities
Although Dr. John C. Bennett claimed that he had repented when
he was brought to trial in July 1841, he and his group of young
followers continued their practice of spiritual wifery in secret.
Bennett "led the youth that he had influence over to tread
in his unhallowed steps ... even to the seduction of the virtuous"
(Times and Seasons 3 [August 1, 1842]:
869). Even though Joseph felt that those in Bennett's "clique"
were continuing their activities, the Prophet had to wait until
definite proof could be obtained before charges could be filed.
In the meantime, Joseph was ever watchful and continued to preach
against it.
An example of Joseph's constant
fight against polygamy is found in an account of a sermon which
he preached on April 10, 1842. According to the LDS History
of the Church, Joseph preached in the Grove near the Temple
on this date, and condemned "all adulterers, and fornicators,
and unvirtuous persons, and those who have
made use of my name to carry on their iniquitous designs"
(LDS History of the Church 4:587;
italics added). He was speaking, of course, of Bennett and his
friends, who were using Joseph's name to teach polygamy, or spiritual
wifery as it was popularly called.
During the fall of 1841 and the first five months of 1842, at
least three polygamy-related cases were in varying stages of development,
with which Joseph had to labor:
- Dr. Bennett's promiscuity with Sarah Pratt, the wife of Apostle
Orson Pratt;
- The claim by Martha Brotherton, a young English immigrant,
that Brigham Young had tried to force her to become his plural
wife, and that Joseph assisted him;
- An escalation of the Francis Higbee-Nancy Rigdon case.
These three cases will be discussed in a later volume.
In the spring of 1842 another case erupted which involved Chauncey
L. Higbee—who was a brother of Francis, a Church member,
a prominent lawyer, and also a colonel in the Nauvoo Legion. An
investigation of Chauncey's activities was begun after Joseph
delivered a sermon before the Nauvoo Choir, in which he denounced
polygamy.
Information about the choir is found in an article in the Times
and Seasons—a news item relating how the choir brought
a petition to the Board of Regents of the Nauvoo University. The
article, which was entitled "Choir of the Stake of Zion in
the City of Nauvoo," stated:
The Choir of Singers presented a petition to the Board of Regents
of the University, at their last sitting, for the appointment
of a "Professor and Wardens in the Department of Music
in the University of the City of Nauvoo," to constitute
a board for the regulation of Music in this city, which was
adopted. (Times and Seasons 3 [January
1, 1842]: 653)
Dr. Bennett was Chancellor of the University, and Joseph Smith
was a member of the Board of Regents (see ibid. [December 15,
1841]: 630–631).
In his speech to the choir Joseph condemned polygamy, which caused
Sarah Miller, a choir member, to become alarmed (see Sarah Miller's
testimony which follows). She was one of Bennett's clique and
one of Chauncey L. Higbee's spiritual wives. After hearing Joseph,
she confessed to Church authorities, and it was quickly learned
that Chauncey had also seduced at least three other women—two
sisters, Margaret and Matilda Nyman, and a widow named Catharine
Fuller. When questioned, these women readily admitted that Chauncey
had seduced them by using Bennett's "plausible tale"
that (1) promiscuous intercourse was acceptable if kept secret,
(2) that Joseph had received a polygamous revelation, (3) that
Joseph and other heads of the Church were practicing polygamy,
and (4) that Joseph preached much against polygamy as a cover-up,
because of the public's prejudice against it and Emma's hatred
of that doctrine.
The Women Gave Their Testimonies before the High
Council
During May 1842, the Church's High Council met day after day
to investigate this situation. The women testified before the
Council about circumstances surrounding their seductions, after
which Joseph took their written affidavits before the city's Municipal
Court in an attempt to also convict Chauncey in civil court. The
testimonies of the four women were published in the Nauvoo
Neighbor under the title "Chauncey L. Higbee"
and are given below.
[Affidavit of Margaret J. Nyman]
Testimony of Margaret J. Nyman, vs Chauncey
L. Higbee, before the High Council of the Church of Jesus Christ
of Latter-Day Saints, in the City of Nauvoo, May 21,
1842.
Some time during the month of March last, Chauncey L. Higbee,
came to my mother's house, early one evening, and proposed a
walk to a spelling school. My sister Matilda, and myself accompanied
him; but, changing our design on the way, we stopped at Mrs.
[Catharine] Fullers: During the evening's interview, he, (as
I have since learned,) with wicked lies proposed that I should
yield to his desires, and indulge in sexual intercourse with
him, stating that such intercourse might be freely indulged
in, and was no sin: That any respectable female might indulge
in sexual intercourse, and there was no sin in it, providing
the person so indulging, keep the same to herself; for there
could be no sin, where there was no accussor;—and most
clendestinely, with wicked lies, persuaded me to yield by using
the name of Joseph Smith: and, as I have since learned, totally
false and unauthorised; and in consequence of those arguments,
I was influenced to yield to my Seducer, Chauncey L. Higbee.
I further state that I have no personal acquaintance with
Joseph Smith, and never heard him teach such doctrines, as stated
by Chauncey L. Higbee, either directly or indirectly.
I heartily repent before God, asking the forgiveness of my
brethren.
Margaret J. Nyman.
State of Illinois, ss
County of Hancock,
City of Nauvoo.
May 24th, 1842.
Personally appeared before me, George W. Harris, alderman,
of the city aforesaid, Margaret J. Nyman, the signer of the
above instrument, and testified, under oath, that the above
declaration is true.
Geo. W. Harris, alderman.
[Affidavit of Matilda J. Nyman]
Nauvoo, May 21, 1842.
During this spring Chauncy L. Higbee, kept company with me
from time to time, and, as I have since learned, wickedly deceitfully,
and with lies in his mouth, urged me vehemently to yield to
his desires; that there could be no wrong in having sexual intercourse
with any female that could keep the same to herself;—most
villianously and lyingly stating that he had been so instructed
by Joseph Smith, and that there was no sin where there was no
accuser:—Also vowing he would marry me. Not succeeding,
he, on one occasion, brought one, who affirmed that such intercourse
was tolerated by the heads of the Church. I have since found
him also to be a lying conspirator against female virtue and
chastity, having never received such teachings from the heads
of the church; but I was at the time partially influenced to
believe in consequence of the source from whom I received it.
I yielded and become subject to the will of my seducer, Chauncey
L. Higbee: and having since found out to my satisfaction, that
a number of wicked men have conspired to use the name of Joseph
Smith, or the heads of the Church, falsely and wickedly to enable
them to gratify their lusts, thereby destroying female innocence
and virtue, I repent before God and my brethren and ask forgiveness.
I further testify that I never had any personal acquaintance
with Joseph Smith and never heard him teach such doctrines as
Higbee, stated either directly or indirectly.
Matilda J. Nyman.
State of Illinois, ss
City of Nauvoo.
May 24th, 1842.
Personally appeared before me, George W. Harris, alderman,
of said city, Matilda J. Nyman, the signer of the above instrument,
and testified, under oath, that the above declaration was true.
Geo. W. Harris, alderman.
[Affidavit of Sarah Miller]
Nauvoo, May 24th, 1842.
Some two or three weeks since, in consequence of brother Joseph
Smith's teachings to the singers, I began to be alarmed concerning
myself, and certain teachings which I had received from Chauncey
L. Higbee, and questioned him (Higbee) about his teaching, for
I was pretty well persuaded from Joseph's public teachings that
Chauncey had been telling falsehoods; but Chauncey said that
Joseph now taught as he did through necessity, on account of
the prejudice of the people, and his own family particularly
[Emma], as they had not become believers in the doctrine.
I then become satisfied that all of Chauncey's teaching had
been false, and that he had never been authorized by any one
in authority to make any such communication to me. Chauncey
L. Higbee's teaching and conduct were as follows. When he first
came to my house soon after the special conference this spring,
Chauncey commenced joking me about my getting married, and wanted
to know how long it had been since my husband died, and soon
removed his seat near me; and began his seducing insinuations
by saying it was no harm to have sexual intercourse with women
if they would keep it to themselves, and continued to urge me
to yield to his desires, and urged me vehemently, and said he
and Joseph were good friends, and he [Joseph] teaches me this
doctrine, and allows me such privileges, and there is no harm
in it and Joseph Smith says so.
I told him I did not believe it, and had heard no such teaching
from Joseph, nor from the stand [the place where preaching services
were held at Nauvoo], but that it was wicked to commit adultery,
&c. Chauncey said that did not mean single women, but married
women; and continued to press his instructions and arguments
until after dark, and until I was inclined to believe, for he
called God to witness of the truth, and was so solemn and confident,
I yielded to his temptations, having received the strongest
assurance from him that Joseph approved it and would uphold
me in it. He also told me that many others were following the
same course of conduct. As I still had some doubts, near the
close of our interview, I again suggested my fears that I had
done wrong, and should loose the confidence of the brethren,
when he assured me that it was right, and he would bring a witness
to confirm what he had taught.
When he come again, I still had doubts, I told him I understood
he (Higbee), had recently been baptized, and that Joseph, when
he confirmed him, told him to quit all his iniquitous practices,—Chauncey
said it was not for such things that he was baptized for, [he
said] do you think I would be baptized for such a thing and
then go into it so soon again? Chauncey Higbee, said it would
never be known, I told him it might be told in bringing forth
[a child]. Chauncey said there was no danger, and that Dr. Bennet
understood it, and would come and take it away, if there was
any thing.
Sarah Miller.
State of Illinois, ss
City of Nauvoo.
May 24th, 1842.
There appeared Sarah Miller, the signer of the above instruments,
and made oath that the above declaration is true before me.
Geo. W. Harris, alderman.
[Affidavit of Catharine Fuller Warren]
Nauvoo, May 25th, 1842.
Extract from the testimony of Catharine [Fuller] Warren, vs.
Chauncey L. Higbee, before the High Council
of the Church, &c.
I have had unlawful connexion with Chauncey L. Higbee. Chauncey
Higbee, taught the same doctrine as was taught by J. C. Bennet,
and that Joseph Smith, taught and practiced those things, but
he [Chauncey] stated that he did not have it from Joseph, but
he had his information from Dr. John C. Bennet. He, Chauncey
L. Higbee, has gained his object about five or six times, Chauncey
L. Higbee, also made propositions to keep
me with food if I would submit to his desires."
(Nauvoo Neighbor, May 29, 1844;
Millennial Star 23:657658)
The affidavits of the women involved in the trials of Chauncey
Higbee and Bennett in 1842 were not published at the time the
trials occurred, in hopes these men would repent of their evil
ways and Nauvoo and the Church would be spared the notoriety of
such gross practices. However, in 1844 these affidavits were published
when the Higbee brothers joined a group of conspirators who eventually
brought about the martyrdom of Joseph and Hyrum. When the affidavits
were published in 1844, Editor (Apostle) John Taylor commented:
We have abundance of like testimony on hand, which may be forth
coming if we are compelled, at present the foregoing may suffice.
Why have you not published this before?—We answer, on
account of the humility and entreaties of [Chauncey] Higbee,
at the time,—and on account of the feelings of his parents,
who are highly respectable,—we have forborne until now.
The character of C. L. Higbee, is so infamous, and his exertions
such as to destroy every principle of righteousness, that fo[r]bearance
is no longer a virtue.
After all that this Chauncey L. Higbee has done, in wickedly
and maliciously using the name of Joseph Smith, to persuade
innocent females to submit to gratify his hellish lusts: and
then blast the characters of the most chaste, pure virtuous,
and philanthropic man on earth [Joseph Smith], he, to screen
himself from the law of the land, and the just indignation of
insulted people, and save himself from the Penitentiary, or
whatever punishment his unparralled crimes merit; has entered
into a conspiracy with the Laws [William and Wilson], and others
against the like of those, who are knowing to his abandoned
conduct; thus hoping to save himself from the disgrace which
must follow an exposure, and wreak his vengeance and gratify
his revenge for his awful disappointments.(ibid.)
The above testimonies show that "a number of wicked men"
were indeed involved in Bennett's polygamous scheme, and that
they used seven basic steps to seduce undiscerning young Church
women. Their seven steps were:
- To convince women that Joseph Smith had received a revelation
which allowed men to have plural wives;
- They brought witnesses (some of their own clique) to testify
that this was true;
- They taught their victims that which Joseph called Bennett's
"plausible tale"—which was the false claim that
Joseph was preaching and teaching so vigorously against polygamy
in order to fool Emma and the prejudiced public;
- They "vehemently" requested intercourse with the
women;
- They pledged that if pregnancies occurred Dr. Bennett would
perform abortions;
- They offered to furnish the women with the necessities of
life (to care for them as their wives);
- They promised to marry the women (see Times
and Seasons 3 [July 1, 1842]: 839; 3 [August 1, 1842]:
870; Nauvoo Neighbor, May 29, 1844).
To this day the Mormon Church still uses Bennett's item 1 and
item 3 as a part of their theology—that Joseph had a revelation
commanding that polygamy be practiced, and that Joseph denied
polygamy openly while practicing it secretly to fool Emma and
the prejudiced public. If Joseph did bear false witness to deceive
Emma and the public, he was one of the greatest liars in the history
of mankind, and a false prophet. But he was neither. He was a
truthful prophet who gave his life fighting against plural marriage.
It should be noted that Margaret Nyman testified that Chauncey
Higbee took her to the home of Mrs. Fuller, where he seduced her.
The Nauvoo Wasp for April 30, 1842,
announced that Catharine Fuller and William Warren were married
on April 27, 1842. This confirms that Catharine Fuller is the
same person as Catharine Fuller Warren. Mrs. Fuller not only was
seduced by Chauncey, but she allowed her home to be used by him
to seduce innocent young girls.
The "abundance of like testimony" mentioned previously
was undoubtedly taken to Utah when Brigham Young took Joseph's
official papers West. If they are still extant, the leaders of
the LDS Church could do justice to the cause of truth by publishing
those records. No doubt the records would give the names of others
who were led into plural marriage at Nauvoo by Bennett's "plausible
tale." Those documents would also give additional proof that
Brigham Young used Bennett's platform as a springboard to officially
introduce the doctrine of polygamy into the Church.
Lawyer Higbee Made an Affidavit of Joseph's Innocence
Joseph brought Chauncey before the Church's High Council for
trial. According to the LDS History of the
Church, Joseph's journal for May 21, 1842, states: "I
spent the day with the High Council of Nauvoo, investigating the
case of ... Chauncey L. Higbee and others" (LDS History
of the Church 5:14).Chauncey was found guilty of cohabitating
with several spiritual wives. He made the following affidavit
that Joseph had not taught him that illicit intercourse with women
was justifiable under any circumstance:
Affidavit of C. L. Higbee
State of Illinois
City of Nauvoo
Personally appeared before me Daniel H. Wells, an alderman
of said city, C. L. Higbee, who being duly sworn according to
law, deposeth and saith, that he never was taught anything in
the least contrary to the strictest principles of the gospel
or of virtue, of the laws of God or of man, under any circumstances
or upon any occasion, either directly or indirectly, in word
or deed by Joseph Smith, and that he never knew said Smith to
countenance any improper conduct whatever, either in public
or in private, and that he never did teach me in private or
public that an illicit intercourse with fe males was under any
circumstances justifiable and that he never knew him so to teach
others.
Sworn to and subscribed before me this 17th day of May 1842.
Daniel H. Wells, Alderman. (Affidavits
and Certificates, August 31, 1842)
Chauncey Was Expelled from the Church
On May 24, 1842, the High Council voted to expel Chauncey L.
Higbee from the Church because of his adulterous sins (see LDS
History of the Church 5:18).
Joseph desperately desired to put an end to the polygamy in
the Church by stopping the polygamists from using his name. Therefore,
in addition to preferring charges against Chauncey in the High
Council and Nauvoo Municipal Court, he also sued Chauncey in the
Circuit Court at the county seat in Carthage, Illinois. This was
a determined attempt by Joseph to stop polygamy and clear his
name of polygamous allegations. The account of this court case
in Carthage has never been discussed in writing by scholars, but
will be discussed in the next chapter of this work.
[ Joseph
Smith Fought Polygamy Index ]
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