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Appendix 3: Statement on Marriage, circa August 1835

Source Note

Statement on Marriage, [
Kirtland Township

Located ten miles south of Lake Erie. Settled by 1811. Organized by 1818. Latter-day Saint missionaries visited township, early Nov. 1830; many residents joined Church of Jesus Christ of Latter-day Saints. Population in 1830 about 55 Latter-day Saints and...

More Info
, Geauga Co., OH], ca. Aug. 1835. Featured version typeset ca. Aug. 1835, in Doctrine and Covenants, 1835 ed., 251–252. For more complete source information, see the source note for Doctrine and Covenants, 1835 edition.

Historical Introduction

On 17 August 1835,
Oliver Cowdery

3 Oct. 1806–3 Mar. 1850. Clerk, teacher, justice of the peace, lawyer, newspaper editor. Born at Wells, Rutland Co., Vermont. Son of William Cowdery and Rebecca Fuller. Raised Congregationalist. Moved to western New York and clerked at a store, ca. 1825–1828...

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and
Sidney Rigdon

19 Feb. 1793–14 July 1876. Tanner, farmer, minister. Born at St. Clair, Allegheny Co., Pennsylvania. Son of William Rigdon and Nancy Gallaher. Joined United Baptists, ca. 1818. Preached at Warren, Trumbull Co., Ohio, and vicinity, 1819–1821. Married Phebe...

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presented what was probably a collection of unbound gatherings or signatures of the forthcoming Doctrine and Covenants to a general assembly of the church in
Kirtland

Located ten miles south of Lake Erie. Settled by 1811. Organized by 1818. Latter-day Saint missionaries visited township, early Nov. 1830; many residents joined Church of Jesus Christ of Latter-day Saints. Population in 1830 about 55 Latter-day Saints and...

More Info
, Ohio.
1

Minutes, 17 Aug. 1835.


Representatives from different priesthood offices expressed approval of the work and testified of their satisfaction with it.
2

Minutes, 17 Aug. 1835.


During the proceedings,
William W. Phelps

17 Feb. 1792–7 Mar. 1872. Writer, teacher, printer, newspaper editor, publisher, postmaster, lawyer. Born at Hanover, Morris Co., New Jersey. Son of Enon Phelps and Mehitabel Goldsmith. Moved to Homer, Cortland Co., New York, 1800. Married Sally Waterman,...

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and Cowdery presented two additional documents to be included in the volume: the statement featured here, which the minutes refer to as “Rules for Marriage among the saints”; and a declaration on “laws in general. & church government.”
3

Minutes, 17 Aug. 1835; see also Declaration on Government and Law, ca. Aug. 1835 [D&C 134].


The assembly accepted both to be “attached to the book,” and they were included as sections 101 and 102 in the Doctrine and Covenants, which was available by September 1835.
Although the text of the statement on marriage suggests that it was written partly because the church had been charged with fornication and polygamy, the statement may also have been produced in an effort to claim the right for members of the church’s clergy to solemnize marriages. Earlier that year, the
Geauga County

Located in northeastern Ohio, south of Lake Erie. Rivers in area include Grand, Chagrin, and Cuyahoga. Settled mostly by New Englanders, beginning 1798. Formed from Trumbull Co., 1 Mar. 1806. Chardon established as county seat, 1808. Population in 1830 about...

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Court of Common Pleas had denied
Sidney Rigdon

19 Feb. 1793–14 July 1876. Tanner, farmer, minister. Born at St. Clair, Allegheny Co., Pennsylvania. Son of William Rigdon and Nancy Gallaher. Joined United Baptists, ca. 1818. Preached at Warren, Trumbull Co., Ohio, and vicinity, 1819–1821. Married Phebe...

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a license to perform marriages because he was judged not a “regularly ordained minister of the gospel, within the meaning” of
Ohio

French explored and claimed area, 1669. British took possession following French and Indian War, 1763. Ceded to U.S., 1783. First permanent white settlement established, 1788. Northeastern portion maintained as part of Connecticut, 1786, and called Connecticut...

More Info
’s 1824 statute on marriage.
4

Geauga Co., OH, Court of Common Pleas, Court Records, 1807–1904, vol. M, pp. 380–381, Mar. 1835, microfilm 20,277, U.S. and Canada Record Collection, FHL.


Comprehensive Works Cited

U.S. and Canada Record Collection. FHL.

That statute allowed “the several religious societies agreeably to the rules and regulations of their respective churches, to join” men and women “together as husband and wife.”
5

An Act Regulating Marriages [6 Jan. 1824], Statutes of Ohio, vol. 2, p. 1407, sec. 2.


Comprehensive Works Cited

The Statutes of Ohio and of the Northwestern Territory, Adopted or Enacted from 1788 to 1833 Inclusive: Together with the Ordinance of 1787; the Constitutions of Ohio and of the United States, and Various Public Instruments and Acts of Congress: Illustrated by a Preliminary Sketch of the History of Ohio; Numerous References and Notes, and Copious Indexes. 3 vols. Edited by Salmon P. Chase. Cincinnati: Corey and Fairbank, 1833–1835.

This statement on marriage may have been the church’s formal declaration of just such “rules and regulations,” published so that JS and other church leaders could perform marriages under Ohio law.
6

The earliest recorded marriage performed by JS occurred in November 1835 when he was invited to “solemnize the matrimonial ceremony” of Newel Knight and Lydia Goldthwaite. (JS, Journal, 24 Nov. 1835; for more information on Ohio marriage laws at this time, see Bradshaw, “Joseph Smith’s Performance of Marriages in Ohio,” 23–69.)


Comprehensive Works Cited

Bradshaw, M. Scott. “Joseph Smith’s Performance of Marriages in Ohio.” BYU Studies 39, no. 4 (2000): 23–69.

The authorship of the statement is unclear, but it has generally been attributed to
Oliver Cowdery

3 Oct. 1806–3 Mar. 1850. Clerk, teacher, justice of the peace, lawyer, newspaper editor. Born at Wells, Rutland Co., Vermont. Son of William Cowdery and Rebecca Fuller. Raised Congregationalist. Moved to western New York and clerked at a store, ca. 1825–1828...

View Full Bio
.
7

It is possible that William W. Phelps was involved in drafting the document since he and Cowdery were both involved in printing the Doctrine and Covenants. In preceding months, Phelps had expressed considerable excitement and interest in what he called “a new idea” of eternal marriage. (See Van Orden, “W. W. Phelps,” 45–62; and William W. Phelps, Kirtland, OH, to Sally Waterman Phelps, Liberty, MO, 26 May 1835, William W. Phelps, Papers, BYU.)


Comprehensive Works Cited

Van Orden, Bruce A. “W. W. Phelps: His Ohio Contributions, 1835–36.” In Regional Studies in Latter-Day Saint Church History: Ohio, edited by Milton V. Backman Jr., 45–62. Provo, UT: Department of Church History and Doctrine, Brigham Young University, 1990.

Phelps, William W. Papers, 1835–1865. BYU.

In 1867,
Brigham Young

1 June 1801–29 Aug. 1877. Carpenter, painter, glazier, colonizer. Born at Whitingham, Windham Co., Vermont. Son of John Young and Abigail (Nabby) Howe. Brought up in Methodist household; later joined Methodist church. Moved to Sherburne, Chenango Co., New...

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stated that Cowdery had requested that a proclamation disavowing plural marriage be included in the Doctrine and Covenants, but JS had refused to pen one, stating he would “have nothing to do with it.”
8

Brigham Young, Discourse, 8 Sept. 1867, in George D. Watt, Discourse Shorthand Notes, 8 Sept. 1867, Pitman Shorthand Transcriptions, CHL.


Comprehensive Works Cited

Watt, George D. Papers, ca. 1846–1865. CHL.

According to one observer, in 1869, Young explained further that “Cowdry wrote it, and incisted on its being incerted in the Book of D.&C. contrary to the thrice expressed wish and refusal of the Prophet Jos. Smith.”
9

Joseph F. Smith recorded Young’s words in his diary, explaining that “Prest. Young spoke 12 minutes in relation to Sec. 109 B. of Doctrine and Covenants.” Smith later stated that Cowdery knew of the doctrine of plural marriage but took “liberties without license” in publishing the statement in the Doctrine and Covenants “without authority.” (Joseph F. Smith, Diary, 9 Oct. 1869; Joseph F. Smith, in Journal of Discourses, 7 July 1878, 20:29; see also Provo, UT, Central Stake, General Minutes, 4 Mar. 1883, vol. 12, pp. 271–275.)


Comprehensive Works Cited

Smith, Joseph F. Diary, Sept. 1869–Apr. 1870. Joseph F. Smith, Papers, 1854–1918. CHL. MS 1325, box 2, fd. 5.

Journal of Discourses. 26 vols. Liverpool: F. D. Richards, 1855–1886.

Provo, UT, Central Stake. General Minutes, 1852–1977. CHL. LR 9629 11.

JS’s only specific objection that Young noted was to the mention of polygamy. There are no records specifying whether JS disapproved of the rest of the statement. There is also no evidence indicating whether JS contributed to the statement’s creation. He signed a preface included at the beginning of the 1835 Doctrine and Covenants that stated that the book presented “our belief . . . the faith and principles of this society as a body.”
10

Preface to the Doctrine and Covenants, 17 Feb. 1835, italics in original.


But since the preface was written six months before the book was published and likely before the statement on marriage was composed, it is possible that the statement on marriage was included by Cowdery and printed without JS’s permission or even against his wishes. JS was absent when the statement was read to and approved by the congregation in August 1835.
11

JS was in Michigan Territory with Frederick G. Williams at the time. He did not return until 23 August 1835. (JS History, vol. B-1, 606.)


Comprehensive Works Cited

JS History / Smith, Joseph, et al. History, 1838–1856. Vols. A-1–F-1 (original), A-2–E-2 (fair copy). Historian’s Office, History of the Church, 1839–ca. 1882. CHL. CR 100 102, boxes 1–7. The history for the period after 5 Aug. 1838 was composed after the death of Joseph Smith.

Since it is unclear whether JS was involved in producing the statement or whether he approved it, it is included as an appendix of this volume rather than as a featured text.

Footnotes

  1. [1]

    Minutes, 17 Aug. 1835.

  2. [2]

    Minutes, 17 Aug. 1835.

  3. [3]

    Minutes, 17 Aug. 1835; see also Declaration on Government and Law, ca. Aug. 1835 [D&C 134].

  4. [4]

    Geauga Co., OH, Court of Common Pleas, Court Records, 1807–1904, vol. M, pp. 380–381, Mar. 1835, microfilm 20,277, U.S. and Canada Record Collection, FHL.

    U.S. and Canada Record Collection. FHL.

  5. [5]

    An Act Regulating Marriages [6 Jan. 1824], Statutes of Ohio, vol. 2, p. 1407, sec. 2.

    The Statutes of Ohio and of the Northwestern Territory, Adopted or Enacted from 1788 to 1833 Inclusive: Together with the Ordinance of 1787; the Constitutions of Ohio and of the United States, and Various Public Instruments and Acts of Congress: Illustrated by a Preliminary Sketch of the History of Ohio; Numerous References and Notes, and Copious Indexes. 3 vols. Edited by Salmon P. Chase. Cincinnati: Corey and Fairbank, 1833–1835.

  6. [6]

    The earliest recorded marriage performed by JS occurred in November 1835 when he was invited to “solemnize the matrimonial ceremony” of Newel Knight and Lydia Goldthwaite. (JS, Journal, 24 Nov. 1835; for more information on Ohio marriage laws at this time, see Bradshaw, “Joseph Smith’s Performance of Marriages in Ohio,” 23–69.)

    Bradshaw, M. Scott. “Joseph Smith’s Performance of Marriages in Ohio.” BYU Studies 39, no. 4 (2000): 23–69.

  7. [7]

    It is possible that William W. Phelps was involved in drafting the document since he and Cowdery were both involved in printing the Doctrine and Covenants. In preceding months, Phelps had expressed considerable excitement and interest in what he called “a new idea” of eternal marriage. (See Van Orden, “W. W. Phelps,” 45–62; and William W. Phelps, Kirtland, OH, to Sally Waterman Phelps, Liberty, MO, 26 May 1835, William W. Phelps, Papers, BYU.)

    Van Orden, Bruce A. “W. W. Phelps: His Ohio Contributions, 1835–36.” In Regional Studies in Latter-Day Saint Church History: Ohio, edited by Milton V. Backman Jr., 45–62. Provo, UT: Department of Church History and Doctrine, Brigham Young University, 1990.

    Phelps, William W. Papers, 1835–1865. BYU.

  8. [8]

    Brigham Young, Discourse, 8 Sept. 1867, in George D. Watt, Discourse Shorthand Notes, 8 Sept. 1867, Pitman Shorthand Transcriptions, CHL.

    Watt, George D. Papers, ca. 1846–1865. CHL.

  9. [9]

    Joseph F. Smith recorded Young’s words in his diary, explaining that “Prest. Young spoke 12 minutes in relation to Sec. 109 B. of Doctrine and Covenants.” Smith later stated that Cowdery knew of the doctrine of plural marriage but took “liberties without license” in publishing the statement in the Doctrine and Covenants “without authority.” (Joseph F. Smith, Diary, 9 Oct. 1869; Joseph F. Smith, in Journal of Discourses, 7 July 1878, 20:29; see also Provo, UT, Central Stake, General Minutes, 4 Mar. 1883, vol. 12, pp. 271–275.)

    Smith, Joseph F. Diary, Sept. 1869–Apr. 1870. Joseph F. Smith, Papers, 1854–1918. CHL. MS 1325, box 2, fd. 5.

    Journal of Discourses. 26 vols. Liverpool: F. D. Richards, 1855–1886.

    Provo, UT, Central Stake. General Minutes, 1852–1977. CHL. LR 9629 11.

  10. [10]

    Preface to the Doctrine and Covenants, 17 Feb. 1835, italics in original.

  11. [11]

    JS was in Michigan Territory with Frederick G. Williams at the time. He did not return until 23 August 1835. (JS History, vol. B-1, 606.)

    JS History / Smith, Joseph, et al. History, 1838–1856. Vols. A-1–F-1 (original), A-2–E-2 (fair copy). Historian’s Office, History of the Church, 1839–ca. 1882. CHL. CR 100 102, boxes 1–7. The history for the period after 5 Aug. 1838 was composed after the death of Joseph Smith.

Asterisk (*) denotes a "featured" version, which includes an introduction and annotation. Statement on Marriage, circa August 1835, as Published in Latter Day Saints’ Messenger and Advocate *Appendix 3: Statement on Marriage, circa August 1835 Doctrine and Covenants, 1835 Times and Seasons, 1 October 1842 History, 1838–1856, volume B-1 [1 September 1834–2 November 1838] Doctrine and Covenants, 1844

Page 252

beings, and prevent them from embracing the truth, will have to answer for that sin. [p. 252]
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Editorial Title
Appendix 3: Statement on Marriage, circa August 1835
ID #
5637
Total Pages
2
Print Volume Location
JSP, D4:475–478
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