Edmunds Act
Encyclopedia
The Edmunds Act, also known as the Edmunds Anti-Polygamy Act of 1882, is a United States federal statute, signed into law on March 23, 1882, declaring polygamy
a felony
. The act is named for U.S. Senator George F. Edmunds
of Vermont. The Edmunds Act also prohibited "bigamous" or "unlawful cohabitation" (a misdemeanor), thus removing the need to prove that actual marriages had occurred. It was passed in a wave of Victorian-era reaction to the perceived immorality of polygamy, or at least polygyny
, which was often compared to slavery.
The act not only reinforced the 1862 Morrill Anti-Bigamy Act
but also revoked polygamists' right to vote, made them ineligible for jury
service, and prohibited them from holding political office.
A claim was made that the law violated the constitutional prohibition on ex post facto laws; that is, polygamists were charged for polygamist marriages solemnized before passage of the statute. A challenge to the statute was framed on these and other grounds. The Supreme Court ruled, in Murphy v. Ramsey, , that the statute was not ex post facto because convicts were charged for their continued cohabitation
, not for the prior illegal marriage. Some modern scholars suggest the law may be unconstitutional for being in violation of the Free Exercise Clause, although the Supreme Court has repeatedly ruled that neutral laws that happen to impinge on some religious practices are constitutional.
The Edmunds Act restrictions were enforced regardless of whether an individual was actually practicing polygamy, or merely stated a belief in the Mormon
doctrine of plural marriage
without actually participating in it.
All elected offices in the Utah Territory
were vacated, an election board was formed to issue certificates to those who both denied a belief in polygamy and did not practice it, and new elections were held territory-wide.
Polygamy
Polygamy is a marriage which includes more than two partners...
a felony
Felony
A felony is a serious crime in the common law countries. The term originates from English common law where felonies were originally crimes which involved the confiscation of a convicted person's land and goods; other crimes were called misdemeanors...
. The act is named for U.S. Senator George F. Edmunds
George F. Edmunds
George Franklin Edmunds was a Republican U.S. Senator from Vermont from 1866 to 1891.Born in Richmond, Vermont, Edmunds attended common schools and was privately tutored as a child. After being admitted to the bar in 1849, he started a law practice in Burlington, Vermont...
of Vermont. The Edmunds Act also prohibited "bigamous" or "unlawful cohabitation" (a misdemeanor), thus removing the need to prove that actual marriages had occurred. It was passed in a wave of Victorian-era reaction to the perceived immorality of polygamy, or at least polygyny
Polygyny
Polygyny is a form of marriage in which a man has two or more wives at the same time. In countries where the practice is illegal, the man is referred to as a bigamist or a polygamist...
, which was often compared to slavery.
The act not only reinforced the 1862 Morrill Anti-Bigamy Act
Morrill Anti-Bigamy Act
The Morrill Anti-Bigamy Act was a federal enactment of the United States Congress that was signed into law on July 8, 1862 by President Abraham Lincoln...
but also revoked polygamists' right to vote, made them ineligible for jury
Jury
A jury is a sworn body of people convened to render an impartial verdict officially submitted to them by a court, or to set a penalty or judgment. Modern juries tend to be found in courts to ascertain the guilt, or lack thereof, in a crime. In Anglophone jurisdictions, the verdict may be guilty,...
service, and prohibited them from holding political office.
A claim was made that the law violated the constitutional prohibition on ex post facto laws; that is, polygamists were charged for polygamist marriages solemnized before passage of the statute. A challenge to the statute was framed on these and other grounds. The Supreme Court ruled, in Murphy v. Ramsey, , that the statute was not ex post facto because convicts were charged for their continued cohabitation
Cohabitation
Cohabitation usually refers to an arrangement whereby two people decide to live together on a long-term or permanent basis in an emotionally and/or sexually intimate relationship. The term is most frequently applied to couples who are not married...
, not for the prior illegal marriage. Some modern scholars suggest the law may be unconstitutional for being in violation of the Free Exercise Clause, although the Supreme Court has repeatedly ruled that neutral laws that happen to impinge on some religious practices are constitutional.
The Edmunds Act restrictions were enforced regardless of whether an individual was actually practicing polygamy, or merely stated a belief in the Mormon
Mormon
The term Mormon most commonly denotes an adherent, practitioner, follower, or constituent of Mormonism, which is the largest branch of the Latter Day Saint movement in restorationist Christianity...
doctrine of plural marriage
Plural marriage
Polygamy was taught by leaders of The Church of Jesus Christ of Latter-day Saints for more than half of the 19th century, and practiced publicly from 1852 to 1890.The Church's practice of polygamy has been highly controversial, both within...
without actually participating in it.
All elected offices in the Utah Territory
Utah Territory
The Territory of Utah was an organized incorporated territory of the United States that existed from September 9, 1850, until January 4, 1896, when the final extent of the territory was admitted to the Union as the State of Utah....
were vacated, an election board was formed to issue certificates to those who both denied a belief in polygamy and did not practice it, and new elections were held territory-wide.
Convictions
More than 1,300 men were imprisoned under the terms of the Edmunds Act. It appears that women were not prosecuted, being seen as victims of the practice and not willing participants, although a number refused to testify against their husbands and some were jailed for their refusal.- Rudger ClawsonRudger ClawsonRudger Judd Clawson was a member of the Quorum of the Twelve Apostles of The Church of Jesus Christ of Latter-day Saints from 1898 until his death in 1943...
— August 1882 — a member of the Quorum of the Twelve Apostles who was the first person convicted. He was pardoned by President Grover ClevelandGrover ClevelandStephen Grover Cleveland was the 22nd and 24th president of the United States. Cleveland is the only president to serve two non-consecutive terms and therefore is the only individual to be counted twice in the numbering of the presidents...
mere months before his sentence was going to expire. - William J. FlakeWilliam J. FlakeWilliam Jordan Flake was a prominent member of The Church of Jesus Christ of Latter-day Saints, who helped settle parts of Arizona, and was imprisoned for polygamy.- Biography :William Flake was born in North Carolina...
— 1883 — one of the founders of Snowflake, ArizonaSnowflake, ArizonaSnowflake is a town in Navajo County, Arizona, United States. It was founded in 1878 by Erastus Snow and William Jordan Flake, Mormon pioneers and colonizers. According to 2006 Census Bureau estimates, the population of the town is 4,958....
, who married his second wife in 1868. Was imprisoned in the Yuma Territorial PrisonYuma Territorial PrisonThe Yuma Territorial Prison was a prison in the Arizona Territory of the United States and now in present day Yuma, Arizona. The Territorial Prison is one of the Yuma Crossing and Associated Sites on the National Register of Historic Places in the Yuma Crossing National Heritage Area.The site is...
in 1883. After his release, when asked which of his wives he was going to give up, he replied, "Neither. I married both in good faith and intended to support both of them." As he had already served his sentence, he could not be retried on the same charges. - Angus M. Cannon — 1885 — a Stake President, member of the Council of FiftyCouncil of FiftyThe Council of Fifty was a Latter Day Saint organization established by Joseph Smith, Jr...
and younger brother of Apostle George Q. CannonGeorge Q. CannonGeorge Quayle Cannon was an early member of the Quorum of the Twelve Apostles of The Church of Jesus Christ of Latter-day Saints , and served in the First Presidency under four successive presidents of the church: Brigham Young, John Taylor, Wilford Woodruff, and Lorenzo Snow...
. Cannon was sentenced to six months' imprisonment and a $900 fine. Cannon was the appellant in the case of Cannon v. United States, which was decided by the United States Supreme Court in 1885. Cannon's appeal was on the grounds that he had immediately ceased having sexual relations with the two wives he was accused of cohabiting with after polygamy was criminalized. The Court rejected Cannon's argument, holding that "[c]ompacts for sexual non-intercourse, easily made and easily broken, when the prior marriage relations continue to exist, with the occupation of the same house and table and the keeping up of the same family unity, is not a lawful substitute for the monogamous family which alone the statute tolerates." - John SharpJohn Sharp (Mormon)John Sharp was a 19th-century leader in The Church of Jesus Christ of Latter-day Saints in Utah Territory. Sharp was the LDS Church's representative in negotiations regarding the construction of the First Transcontinental Railroad through Utah Territory...
— 1885 — a Bishop, member of the Council of FiftyCouncil of FiftyThe Council of Fifty was a Latter Day Saint organization established by Joseph Smith, Jr...
, territorial chairman of the People's PartyPeople's PartyThe People's Party, Peoples Party, or Popular Party, is any of several political parties claiming to speak for the people.People's Parties in various countries run the gamut from left to right...
, director for the Union Pacific RailroadUnion Pacific RailroadThe Union Pacific Railroad , headquartered in Omaha, Nebraska, is the largest railroad network in the United States. James R. Young is president, CEO and Chairman....
, Zion's Cooperative Mercantile Institution, Deseret Telegraph, and Deseret National Bank. Sharp initially pleaded not guilty, but withdrew his plea and pleaded guilty to the charge. He was fined $300 and court costs. As a result of pleading guilty, rather than plead not guilty as other LDS Church leaders had done, Sharp was asked by the stake high council and the First PresidencyFirst Presidency (LDS Church)The First Presidency is the presiding or governing body of The Church of Jesus Christ of Latter-day Saints . It is composed of the President of the Church and his counselors. The First Presidency currently consists of President Thomas S. Monson and his two counselors, Henry B...
to resign as bishop of the Salt Lake Twentieth Ward, which he did on 3 November 1885. The New York Times criticised the church's removal of Sharp and suggested that it "reveals again the stubborn character of the Mormons' opposition to the law". - Lorenzo SnowLorenzo SnowLorenzo Snow was the fifth president of The Church of Jesus Christ of Latter-day Saints from 1898 to his death. Snow was the last president of the LDS Church in the nineteenth century.-Family:...
— 1885 — an Apostle of the church at the time. In late 1885, Snow was indicted by a federal grand jury for three counts of unlawful cohabitation. According to his indictments, Snow had lived with more than one woman for three years. The jury delivered one indictment for each of these years, and Snow was convicted on each count. After conviction he filed a petition for writ of habeas corpus in the federal district court which convicted him. The petition was denied, but federal law guaranteed him an appeal to the United States Supreme Court. In Ex Parte Snow the Supreme Court invalidated Snow's second and third convictions for unlawful cohabitation. It found that unlawful cohabitation was a "continuing offense," and thus that Snow was at most guilty of one such offense for cohabiting continuously with more than one woman for three years. Snow became President of the LDS Church in 1898. - Abraham H. CannonAbraham H. CannonAbraham Hoagland Cannon , born in Salt Lake City, Utah Territory, was a member of the Quorum of the Twelve Apostles of The Church of Jesus Christ of Latter-day Saints ....
— 1886 — a member of the First Council of the Seventy of the Church and son of Apostle George Q. CannonGeorge Q. CannonGeorge Quayle Cannon was an early member of the Quorum of the Twelve Apostles of The Church of Jesus Christ of Latter-day Saints , and served in the First Presidency under four successive presidents of the church: Brigham Young, John Taylor, Wilford Woodruff, and Lorenzo Snow...
. Cannon was convicted of unlawful cohabitation in 1886 and sentenced to six months' imprisonment, which he served in full. In 1889 he became an Apostle of the Church of Jesus Christ of Latter-day Saints. - George Q. CannonGeorge Q. CannonGeorge Quayle Cannon was an early member of the Quorum of the Twelve Apostles of The Church of Jesus Christ of Latter-day Saints , and served in the First Presidency under four successive presidents of the church: Brigham Young, John Taylor, Wilford Woodruff, and Lorenzo Snow...
— 1888 — an Apostle of the church and former non-voting delegate for the Utah TerritoryUtah TerritoryThe Territory of Utah was an organized incorporated territory of the United States that existed from September 9, 1850, until January 4, 1896, when the final extent of the territory was admitted to the Union as the State of Utah....
in the United States Congress, prior to passage of the Edmunds Act. Cannon surrendered himself to authorities and pleaded guilty at trial to a charges of unlawful cohabitation. As a result, Cannon served nearly six months in Utah's federal penitentiary. - Heber J. GrantHeber J. GrantHeber Jeddy Grant was the seventh president of The Church of Jesus Christ of Latter-day Saints . He was ordained an apostle on October 16, 1882, on the same day as George Teasdale...
— 1899 — an Apostle of the church at the time. Grant pleaded guilty to unlawful cohabitation and paid a $100 fine. Grant became President of the LDS Church in 1918. - Joseph F. SmithJoseph F. SmithJoseph Fielding Smith, Sr. was the sixth president of The Church of Jesus Christ of Latter-day Saints...
— 1906 — President of the LDS Church. Smith was brought to trial on a charge of unlawful cohabitation with four women in addition to his lawful wife; he pleaded guilty and was fined $300, the maximum penalty then permitted under the law.
See also
- Utah WarUtah WarThe Utah War, also known as the Utah Expedition, Buchanan's Blunder, the Mormon War, or the Mormon Rebellion was an armed confrontation between LDS settlers in the Utah Territory and the armed forces of the United States government. The confrontation lasted from May 1857 until July 1858...
(1857–1858) - Morrill Anti-Bigamy ActMorrill Anti-Bigamy ActThe Morrill Anti-Bigamy Act was a federal enactment of the United States Congress that was signed into law on July 8, 1862 by President Abraham Lincoln...
(1862) - Poland ActPoland ActThe Poland Act of 1874 was an act of the United States Congress which sought to facilitate prosecutions under the Morrill Anti-Bigamy Act by eliminating the control members of The Church of Jesus Christ of Latter-day Saints exerted over the justice system of Utah Territory. Sponsored by Senator...
(1874) - Reynolds v. United StatesReynolds v. United StatesReynolds v. United States, , was a Supreme Court of the United States case that held that religious duty was not a suitable defense to a criminal indictment...
(1879) - Edmunds-Tucker ActEdmunds-Tucker ActThe Edmunds–Tucker Act of 1887 was passed in response to the dispute between the United States Congress and The Church of Jesus Christ of Latter-day Saints regarding polygamy. The act is found in US Code Title 48 & 1461, full text as 24 Stat. 635, with this annotation to be interpreted as Volume...
(1887) - LDS Church v. United States (1890)
- 1890 Manifesto1890 ManifestoThe "1890 Manifesto", sometimes simply called "The Manifesto", is a statement which officially disavowed the continuing practice of plural marriage in The Church of Jesus Christ of Latter-day Saints...
- Smoot HearingsSmoot HearingsThe Reed Smoot hearings were a series of Congressional hearings on whether the United States Senate should seat U.S. Senator Reed Smoot, who was elected by the Utah legislature in 1903...
(1903–1907) - Second ManifestoSecond ManifestoThe "Second Manifesto" was a 1904 declaration made by Joseph F. Smith, the president of The Church of Jesus Christ of Latter-day Saints , in which Smith stated the church was no longer sanctioning marriages that violated the laws of the land and set down the principle that those entering into or...
(1904) - History of civil marriage in the U.S.History of civil marriage in the U.S.Many laws in the history of the United States have addressed marriage and the rights of married people. Common themes addressed by these laws include polygamy, interracial marriage, divorce, and same-sex marriage.-1800–1899:...
- George F. EdmundsGeorge F. EdmundsGeorge Franklin Edmunds was a Republican U.S. Senator from Vermont from 1866 to 1891.Born in Richmond, Vermont, Edmunds attended common schools and was privately tutored as a child. After being admitted to the bar in 1849, he started a law practice in Burlington, Vermont...
- ex post facto lawEx post facto lawAn ex post facto law or retroactive law is a law that retroactively changes the legal consequences of actions committed or relationships that existed prior to the enactment of the law...
- Cohabitation in the United StatesCohabitation in the United StatesCohabitation in the United States is illegal in five states but a total of 4.85 million couples live together.-Statistics:In most parts of the United States, there is no legal registration or definition of cohabitation, so demographers have developed various methods of identifying cohabitation and...
- Sugar House Prison (Utah)