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, 16-23 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, 1993.
• “Plural Marriage and Families in Utah.” The Church of Jesus Christ of Latter-Day Saints.
• Accessed 25 November 2014. https://www.lds.org/topics/plural-marriage-and-familiesin-early-utah?lang=eng.
• “Reynolds v. United States, 1879.” Supreme Court Cases (Prentice Hall). Accessed 24
• November 2014.
http://www.phschool.com/atschool/ss_web_codes/supreme_court_cases/reynolds.html.
• Riggs, Robert E. “Reynolds v. United States.” Harold B. Lee Library (Brigham Young
• University). Accessed 21 November 2014.
• http://eom.byu.edu/index.php/Reynolds_V._United_States.
• ” U.S. Supreme Court Reynolds v. U.S., 98 U.S. 145 (1878).” Find Law: For Legal
• Professionals. Accessed 9 November 2014.
• http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=98&invol=145.
• “Why did your church previously practice plural marriage (polygamy)?” Mormon.org:
• Worldwide (The Church of Jesus Christ of Latter-Day Saints). Accessed 25 November 2014.
http://www.mormon.org/faq/plural-marriage.
• http://en.wikipedia.org/wiki/George_Reynolds_(Mormon)
• http://history.house.gov/Historical-Highlights/1851-1900/AHouse-Chamber-funeral-for-Supreme-Court-Chief-JusticeMorrison-R--Waite/
• http://www.i4m.com/think/polygamy/polygamy_summary.htm
• http://www.colostate.edu/morrillact/part1.aspx