Reynolds v. United States
(1879) 98 U.S. 145
Anna Wilson
Background

In 1847 Mormon refugees fled to the territory that
would become Utah in order to escape prosecution

In 1852 the Mormon leaders announced their belief in
plural marriage by sending a high church leader to
Washington D.C. to preach the doctrine1
This caught the attention of the Republican
Congressmen, which resulted in the passing of the
Morrill Act in 1862


Banned plural marriage
1 Oman, Nathan B. "Natural Law and the Rhetoric of
Empire: Reynolds v. United States, Polygamy, and
Imperialism." Washington University Law Review 88, no. 3
(January 2011): 661-706.
Joseph Smith, founder of the
Mormon Church
Results of the Morrill Act

Utah jurors were unwilling to find Mormons guilty of a
crime relating to their religion

Federal officials and Mormon leaders decided to test the
validity of the Morrill Act by putting forward a defendant to
be tried in a case

George Reynolds, a newly married polygamist and secretary for
Brigham Young, the leader of the Mormon Church

“agreed to test the statute and cooperate in his prosecution in return for the
government’s agreement not to seek a harsh punishment”2
2 Gillett, Todd M, “The Absolution of
Reynolds: The Constitutionality of
Religious Polygamy”, 8 Wm. & Mary Bill
Rts. J. 497 (2011): 1-39.
George
Reynolds
District Court for the 3rd Judicial
District of the Territory of Utah in 1874


This was the first court Reynolds was tried in
The courts charged Reynolds with engaging in bigamy for his
new marriage to Amelia Jane Schofield while still being married
to Mary Ann Tuddenham

The attorneys referenced sect. 5352 of the Revised Statutes, which states:
“Every person having a husband or wife living, who marries another,
whether married or single, in a Territory, or other place over which the
United States have exclusive jurisdiction, is guilty of bigamy, and shall be
punished by a fine of not more than $500, and by imprisonment for a
term of not more than five years”3
3 Reynolds v. United States, 98
U.S. 145 (____).
Territorial Supreme Court June 23,
1874

Reynolds argued that the grand jury had been chosen according
to federal standards instead of state standards

“a grand jury for any district court of the United States must consist of no
less than sixteen jurors and no more than twenty-three.”4
 Reynolds’ District case only had fifteen


Sect. 808 was not designed for territorial courts
Reynolds believed that he had proper cause for an acquittal due to a
biased jury
 Charles Read mentioned he had “formed an opinion on polygamy, but
did not think it would influence his verdict on hearing the testimony” 5
4Reynolds
5 Ibid.
v. United States, 98 U.S. 145 (____).
Supreme Court of United States
November of 1878


Case was brought forward to examine the Mormon
right to polygamy
Six main questions to be answered
1.
2.
3.
4.
5.
6.

Was the indictment bad because found by a grand jury of less than sixteen persons?
Were the challenges of certain petit jurors by the accused improperly overruled?
Were the challenges of certain other jurors by the government improperly sustained?
As to the admission of evidence to prove what was sworn to by Amelia Jane Schofield on a
former trial of the accused for the same offence but under a different indictment
The defense of religious belief or duty
As to that part of the charge which directed the attention of the jury to the consequences of
polygamy
Mainly focused on side issues, rather than topic of
polygamy
First Two Questions

The first two questions were presented previously in
the Appeals Case

Was the indictment bad because found by a grand jury of
less than sixteen persons?


Sect. 1910 of the Revised Statues states that the district courts of the
Territory have the same jurisdiction as regular United States district
and circuit courts – but do not have to follow their rules
Were the challenges of certain petit jurors by the accused
improperly overruled?

Arguments over the impartial jurors Read and Ransohoff

Court ruled there was no error in their judgement
Questions 3 & 4

Were the challenges of certain other jurors by the government
improperly sustained?

Questions over whether the district attorney is allowed to interrogate
jurors over their living in polygamy


Arguments stated that there was no way an unbiased decision could have been
made with a polygamous-based jury
As to the admission of evidence to prove what was sworn to by
Amelia Jane Schofield on a former trial of the accused for the
same offence but under a different indictment

Amelia admitted evidence that was used to indict Reynolds

The court ordered a subpoena, but due to a miscommunication she did not
appear in court
The Final Two Questions

The defense of religious belief or duty

Reynolds stated that his religion could not be hindered due to the Free
Exercise Clause of the First Amendment



“Congress shall make no law respecting an establishment of religion, or
prohibiting the free exercise thereof”6
Does the government have the power to limit what can be determined as
a legal religious act?
 Without regulation, people could become lawless in the name of a
religion
As to that part of the charge which directed the attention of the
jury to the consequences of polygamy

Demoralization of America because of polygamy
6
Gillett, Todd M, “The Absolution of Reynolds:
The Constitutionality of Religious Polygamy”, 8
Wm. & Mary Bill Rts. J. 497 (2011): 1-39.
Decision & Impact

Ruled in favor of plaintiffs (United States) with a 9-0
vote


The First Amendment protected religious belief, but it did
not protect religious practices that were judged to be criminal
such as bigamy
Defined the Court’s view on the Free Exercise Clause

Influence later cases Goldman v. Weinberger (Jewish pilot
who wore unauthorized headgear) and Church of Lukumi
Babalu Aye v Hialeah (practiced sacrifice)
Opinions

Before the trial there was a significant disapproval
towards polygamy
Resulted in biased jurors


Several big name Mormon Court cases occurring at
the same time as Reynolds’ trial


Brigham Young’s divorce from his wife
John D. Lee’s Mountain Meadows Massacre trial
Brigham Young
John D. Lee
Bibliography

Ertman, Martha M. “The Story of Reynolds v United States: Federal “Hell Hounds”
Punishing Mormon Treason”.





http://digitalcommons.law.umaryland.edu/cgi/viewcontent.cgi?article=1525&context=f
ac_pubs. (accessed November 13, 2013).
Gillett, Todd M, “The Absolution of Reynolds: The Constitutionality of Religious
Polygamy”, 8 Wm. & Mary Bill Rts. J. 497 (2011): 1-39.
Oman, Nathan B, "Natural Law and the Rhetoric of Empire: Reynolds v. United
States, Polygamy, and Imperialism", Washington University Law Review 88, no. 3
(January 2011): 661-706, OmniFile Full Text Select (H.W. Wilson), EBSCOhost
(accessed November 14, 2013).
Reynolds v. United States, 98 U.S. 145 (1879).
Reynolds v. United States, 98 U.S. 145 (___).
Smith, Stephen Eliot, "Barbarians within the gates: congressional debates on Mormon
polygamy, 1850-1879.", Journal Of Church And State no. 4 (2009): Academic
OneFile, EBSCOhost (accessed November 14, 2013).
Images Cited





Brigham Young. Digital image. Brigham Young Family
Association. July 2011. Web. 27 Nov. 2013.
George Reynolds. Digital image. Young Men's Mutual
Improvement Association, Jan. 2011. Web. 25 Nov. 2013.
Gesaro, John DI. Reynolds Moral Dilemma. Digital image.
Group2Courtcases.com. 11 Mar. 2012. Web. 24 Nov. 2013.
John D. Lee. Digital image. ExecutedToday. 23 Mar. 2009.
Web. 27 Nov. 2013.
Joseph Smith. Digital image. PBS.org. Web. 24 Nov. 2013.