Emily McCadams

Was a “private secretary” for Brigham Young, who was the prophet of the Church of Jesus Christ of Latter-Day Saints Held the belief that if he did not practice polygamy, he would be damned “in the life to come” First wife was Mary Ann Tuddenham Second wife was Amelia Jane Schofield

Lincoln passed The Morrill Act of 1862, which outlawed bigamous marriages in all U.S. Territories The Mormons went on with their practice because they believed the First Amendment in the United States Constitution (the “free exercise” clause) would protect them if they were charged

During early 1840’s, the Latter-Day Saints began to practice plural marriages The prophet, Joseph Smith, was commanded by the Lord to practice polygamy, and to authorize others to participate This way of life was seen as a way to populate the church faster, to allow marriage to all who wanted it, to create “a sense of cohesion and group identification, and for women to marry “into more financially stable households.” Polygamy created much tension among those living nearby, and made for violent situations, pushing the Mormons west

Deputy Marshal Arthur Pratt took a subpoena to Reynolds’s house three times for his second wife, but could not find her, as Reynolds had hid her It was known that he was married to Mary Ann Tuddenham The District Attorney proved that Reynolds was married to Amelia Jane Schofield, by using her words from a previous case The jury decided that Reynolds was guilty for bigamy

The jury was not properly drawn, as two jurors stated they already held an opinion of the innocence or guilt of him In a District Court, between 16 and 23 jurors should be impanelled, but there were only 15 for his case Amelia Jane Schofield’s words should not have been read to the court The court should not have told the jury of the negative effects of polygamy before they reached a verdict The Federal government was using an excess of power by interfering “with the social and domestic life of it inhabitants,” and that polygamy was not wrong in itself as it was not prohibited in the New Testament, nor the Ten Commandments

Mr. Chief Justice Waite gave the Majority opinion Both jurors in the case said they had formed opinions, but also said that they were not strong enough to influence the verdict The “statute of the Territory” in Utah allows for only 15 men to be impanelled in the District and Circuit Courts, men should be impanelled for the state District and Circuit Courts If Reynolds purposely kept the witness away (which was proved), he shall not “be permitted to take advantage of his own wrong,” so Ms. Schofield’s previous words were not wrongly used

Polygamy was made illegal because of its negative consequences, so describing why the law was enacted was impartial Reynolds knew that practicing bigamy was breaking the law, so he willfully broke the law and was rightfully punished First Amendment of the Constitution does not protect against polygamy as “the legislative powers of the government reach actions only, and not opinions.” Acts, not belief break the law. To allow plural marriages would show that religion is “superior to the laws of the land” Despotism in polygamy was a large warning that it would result in inequality and chaos, which is why the U.S. prohibited the practice

There is a clear line between holding a belief, and putting that belief into action, especially if that action is breaking a law Anyone could break the law and use religion as a cause to be proven not guilty, if the First Amendment was proven to protect polygamy The Supreme Court’s decision of ruling in favor of the United States is still applicable and useful today in cases relating to the “free exercise” clause

Mason, Alpheus Thomas, and Stephenson, Jr., Donald Gier. American Constitutional Law. Tenth Edition. Englewood Cliffs, New Jersey: Prentice Hall, “Plural Marriage and Families in Utah.” The Church of Jesus Christ of Latter-Day Saints. Accessed 25 November in-early-utah?lang=eng. “Reynolds v. United States, 1879.” Supreme Court Cases (Prentice Hall). Accessed 24 November Riggs, Robert E. “Reynolds v. United States.” Harold B. Lee Library (Brigham Young University). Accessed 21 November ” U.S. Supreme Court Reynolds v. U.S., 98 U.S. 145 (1878).” Find Law: For Legal Professionals. Accessed 9 November “Why did your church previously practice plural marriage (polygamy)?” Mormon.org: Worldwide (The Church of Jesus Christ of Latter-Day Saints). Accessed 25 November

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