Poland Act
Encyclopedia
The 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 (LDS Church) exerted over the justice system of Utah Territory
. Sponsored by Senator
Luke P. Poland
of Vermont
, the Act redefined the jurisdiction
of Utah courts by giving the United States district court
s exclusive jurisdiction in Utah Territory over all civil
and criminal cases. The Act also eliminated the territorial marshal and attorney, giving their duties to a U.S. Marshal and a U.S. Attorney. The Act also altered petit and grand jury
empaneling rules to keep polygamists off juries
. By removing Latter-day Saints from positions of authority in the Utah justice system, the Act was intended to allow for successful prosecutions of Mormon
polygamists
.
signed into law the anti-bigamy bill known as the Morrill Anti-Bigamy Act
, but it was not rigorously enforced against Mormons in Utah Territory. This “legislation struck at both polygamy and Church power by prohibiting plural marriage in the territories, disincorporating the [...] Church, and restricting the Church’s ownership of property to fifty thousand dollars.” The Mormons, believing that the law unconstitutionally
deprived them of their First Amendment
right to freely practice their religion
, chose to ignore this law at this time.
In the following years, several bills aimed at strengthening the anti-bigamy laws failed to pass the United States Congress. These included the Wade, Cragin, and Cullom bills which had their origin in the Utah Territory
and were initiated by men who were bitterly opposed to the Mormon establishment. The Wade Bill initiated in 1866 would have destroyed local government if it had passed. Three years later the Cragin Bill was proposed, but within a few days it was substituted by the Cullom Bill, which was more radical than the Wade or Cragin bills. Members of the church worked for the defeat of the bill, including women of the church who held mass meetings throughout the territory in January 1870 in opposition to the bill.
, and the records of plural marriages were kept privately in the Endowment House
.
After U.S. Attorney William Carey promised to stop his attempts to indict general authorities
during a test case to be brought before the United States Supreme Court to determine the constitutionality of the anti-bigamy law, church leaders agreed to furnish a defendant. The First Presidency
asked thirty-two-year-old George Reynolds
, a secretary in the office of the President of the Church, who had recently married a second wife, to stand in for the church in the courts. Reynolds agreed to serve, then provided the attorney numerous witnesses who could testify of his being married to two wives, and was indicted for bigamy by a grand jury on October 23, 1874. When Carey did not keep his promise and arrested George Q. Cannon
, church leaders decided that they would no longer cooperate with him.
In 1875, Reynolds was convicted and sentenced to two years hard labor
in prison and a fine of five hundred dollars. In 1876 the Utah Territorial Supreme Court upheld the sentence. His 1878 Reynolds v. United States
appeal reached the United States Supreme Court, and in January 1879 that body ruled the anti-polygamy legislation constitutional and upheld Reynold’s prison sentence (it struck down the fine and hard labor portions). Reynolds was released from prison in January 1881, having served eighteen months of his original sentence.
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
which sought to facilitate prosecutions under the 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...
by eliminating the control members of The Church of Jesus Christ of Latter-day Saints (LDS Church) exerted over the justice system of 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....
. Sponsored by Senator
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
Luke P. Poland
Luke P. Poland
Luke Potter Poland was a United States Senator and Representative from Vermont. Born in Westford, he attended the common schools and Jericho Academy. He taught at schools and studied law, being admitted to the bar in December 1836. He practiced in Morrisville...
of Vermont
Vermont
Vermont is a state in the New England region of the northeastern United States of America. The state ranks 43rd in land area, , and 45th in total area. Its population according to the 2010 census, 630,337, is the second smallest in the country, larger only than Wyoming. It is the only New England...
, the Act redefined the jurisdiction
Jurisdiction
Jurisdiction is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility...
of Utah courts by giving the United States district court
United States district court
The United States district courts are the general trial courts of the United States federal court system. Both civil and criminal cases are filed in the district court, which is a court of law, equity, and admiralty. There is a United States bankruptcy court associated with each United States...
s exclusive jurisdiction in Utah Territory over all civil
Civil law (common law)
Civil law, as opposed to criminal law, is the branch of law dealing with disputes between individuals or organizations, in which compensation may be awarded to the victim...
and criminal cases. The Act also eliminated the territorial marshal and attorney, giving their duties to a U.S. Marshal and a U.S. Attorney. The Act also altered petit and grand jury
Grand jury
A grand jury is a type of jury that determines whether a criminal indictment will issue. Currently, only the United States retains grand juries, although some other common law jurisdictions formerly employed them, and most other jurisdictions employ some other type of preliminary hearing...
empaneling rules to keep polygamists off juries
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,...
. By removing Latter-day Saints from positions of authority in the Utah justice system, the Act was intended to allow for successful prosecutions of 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...
polygamists
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...
.
Background
In 1862, President Abraham LincolnAbraham Lincoln
Abraham Lincoln was the 16th President of the United States, serving from March 1861 until his assassination in April 1865. He successfully led his country through a great constitutional, military and moral crisis – the American Civil War – preserving the Union, while ending slavery, and...
signed into law the anti-bigamy bill known as the 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 it was not rigorously enforced against Mormons in Utah Territory. This “legislation struck at both polygamy and Church power by prohibiting plural marriage in the territories, disincorporating the [...] Church, and restricting the Church’s ownership of property to fifty thousand dollars.” The Mormons, believing that the law unconstitutionally
Constitutionality
Constitutionality is the condition of acting in accordance with an applicable constitution. Acts that are not in accordance with the rules laid down in the constitution are deemed to be ultra vires.-See also:*ultra vires*Company law*Constitutional law...
deprived them of their First Amendment
First Amendment to the United States Constitution
The First Amendment to the United States Constitution is part of the Bill of Rights. The amendment prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering...
right to freely practice their religion
Freedom of religion
Freedom of religion is a principle that supports the freedom of an individual or community, in public or private, to manifest religion or belief in teaching, practice, worship, and observance; the concept is generally recognized also to include the freedom to change religion or not to follow any...
, chose to ignore this law at this time.
In the following years, several bills aimed at strengthening the anti-bigamy laws failed to pass the United States Congress. These included the Wade, Cragin, and Cullom bills which had their origin 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....
and were initiated by men who were bitterly opposed to the Mormon establishment. The Wade Bill initiated in 1866 would have destroyed local government if it had passed. Three years later the Cragin Bill was proposed, but within a few days it was substituted by the Cullom Bill, which was more radical than the Wade or Cragin bills. Members of the church worked for the defeat of the bill, including women of the church who held mass meetings throughout the territory in January 1870 in opposition to the bill.
Immediate effects
Under the Poland Act, jury lists were to be drawn by the district court clerk (a non-Mormon at the time) and the Probate Court judge (a Mormon) in order to give equal representation of members and nonmembers of the church on juries. Immediately the United States attorney tried to bring leading church officials to trial but experienced problems. Many of the leaders of the church had married before the law was passed in 1862 and could not be tried ex post facto. Furthermore, the wives could not be required to testify against their husbandsSpousal privilege
In the law of the United States, the spousal privilege comprises two separate privileges, the marital confidences privilege and the spousal testimonial privilege....
, and the records of plural marriages were kept privately in the Endowment House
Endowment House
The Endowment House was an early building used by The Church of Jesus Christ of Latter-day Saints to administer temple ordinances in Salt Lake City, Utah Territory. From the construction of the Council House in 1852, Salt Lake City's first public building, until the construction of the Endowment...
.
After U.S. Attorney William Carey promised to stop his attempts to indict general authorities
General authority
In The Church of Jesus Christ of Latter-day Saints , a general authority is a member of certain leadership organizations who are given administrative and ecclesiastical authority over the church...
during a test case to be brought before the United States Supreme Court to determine the constitutionality of the anti-bigamy law, church leaders agreed to furnish a defendant. The First Presidency
First 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...
asked thirty-two-year-old George Reynolds
George Reynolds (Mormon)
George Reynolds was a general authority of The Church of Jesus Christ of Latter-day Saints , a longtime secretary to the First Presidency of the LDS Church, and a party to the 1878 United States Supreme Court case Reynolds v...
, a secretary in the office of the President of the Church, who had recently married a second wife, to stand in for the church in the courts. Reynolds agreed to serve, then provided the attorney numerous witnesses who could testify of his being married to two wives, and was indicted for bigamy by a grand jury on October 23, 1874. When Carey did not keep his promise and arrested George Q. Cannon
George Q. Cannon
George 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...
, church leaders decided that they would no longer cooperate with him.
In 1875, Reynolds was convicted and sentenced to two years hard labor
Hard Labor
Hard Labor is the eleventh album by American rock band Three Dog Night, released in 1974 .- Cover Artwork :The original album cover, depicting of the birth of a record album , was deemed too controversial and was soon reworked with a huge bandage covering the "birth". The cover also includes an...
in prison and a fine of five hundred dollars. In 1876 the Utah Territorial Supreme Court upheld the sentence. His 1878 Reynolds v. United States
Reynolds v. United States
Reynolds 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...
appeal reached the United States Supreme Court, and in January 1879 that body ruled the anti-polygamy legislation constitutional and upheld Reynold’s prison sentence (it struck down the fine and hard labor portions). Reynolds was released from prison in January 1881, having served eighteen months of his original sentence.
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) - Edmunds ActEdmunds ActThe 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...
(1882) - 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 StatesThe Late Corporation of the Church of Jesus Christ of Latter-day Saints v. United StatesThe Late Corporation of the Church of Jesus Christ of Latter-Day Saints v. United States, was a Supreme Court case that upheld the Edmunds-Tucker Act on May 19, 1890...
(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) - Philip T. Van ZilePhilip T. Van ZilePhilip Taylor Van Zile was a politician and judge from the U.S. state of Michigan.-Biography:Van Zile was born in Osceola Township, Pennsylvania. He prepared for college at Union Academy near Knoxville, Pennsylvania, then entered the classical course of the Alfred University and graduated in 1863....
- served as U.S. District Attorney 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....
1878–1884 based on this act