This page is about the 1878 U.S. Supreme Court case about polygamy and religious duty as a defense to criminal prosecution. For the 1952 case about the State Secrets Privilege, see United States v. Reynolds.

Reynolds v. United States, 98 U.S. 145 (1878), was a Supreme Court of the United States case that held that religious duty was not a suitable defense to a criminal indictment. George Reynolds was a member of The Church of Jesus Christ of Latter-day Saints, charged with bigamy after marrying Amelia Jane Schofield while still married to Mary Ann Tuddenham in the Utah Territory. Image File history File links Emblem-important. ... The Supreme Court Building, Washington, D.C. The Supreme Court Building, Washington, D.C., (large image) The Supreme Court of the United States, located in Washington, D.C., is the highest court (see supreme court) in the United States; that is, it has ultimate judicial authority within the United States... The State Secrets Privilege is an evidentiary rule - i. ... United States v. ... Image File history File links No higher resolution available. ... The Supreme Court of the United States (sometimes colloquially referred to by the acronym SCOTUS[1]) is the highest judicial body in the United States and leads the federal judiciary. ... The Utah Territory was an organized territory of the United States that existed between 1850 and 1896. ... Morrison Remick Waite (November 29, 1816 – March 23, 1888) was the Chief Justice of the United States from 1874 to 1888. ... Nathan Clifford (August 18, 1803–July 25, 1881) was an American statesman, diplomat and jurist. ... Noah Haynes Swayne (December 7, 1804 - June 8, 1884) was an American jurist and politician. ... Samuel Freeman Miller (April 5, 1816 - October 13, 1890), was an associate justice of the United States Supreme Court, 1862-1890. ... Stephen Johnson Field (November 4, 1816 – April 9, 1899) was an associate justice of the United States Supreme Court from May 20, 1863, to December 1, 1897. ... Justice William Strong William Strong (May 6, 1808 - August 19, 1895) was an American jurist and politician. ... Joseph Philo Bradley (March 14, 1813 – January 22, 1892), was an American jurist, best known for his service on the United States Supreme Court, and on the Electoral Commission that decided the disputed 1876 presidential election. ... Ward Hunt (June 14, 1810-March 24, 1886), was an American jurist and politician. ... This is about the pre-World-War-I US Supreme Court justice; for his grandson, the mid-20th-century holder of the same position, see John Marshall Harlan II. John Marshall Harlan (June 1, 1833 – October 14, 1911) was an American Supreme Court associate justice. ... The Revised Statutes of the United States was an early effort at codifying the Acts of Congress, undertaken by private publishers. ... 1878 (MDCCCLXXVIII) was a common year starting on Tuesday (see link for calendar). ... The Supreme Court of the United States (sometimes colloquially referred to by the acronym SCOTUS[1]) is the highest judicial body in the United States and leads the federal judiciary. ... For other uses, see The Church of Jesus Christ of Latter-day Saints (disambiguation). ... Polygamy, literally many marriages in ancient Greek, is a marital practice in which a person has more than one spouse simultaneously (as opposed to monogamy where each person has a maximum of one spouse at any one time). ... The Utah Territory was an organized territory of the United States that existed between 1850 and 1896. ...

Before the Supreme Court, Reynolds argued that his conviction for bigamy should be overturned on six issues. These included that his grand jury had not been legal, that challenges of certain jurors were improperly overruled, testimony by Amelia Jane Schofield was not permissible as it was under another indictment, and most importantly that it was his religious duty to marry multiple times. The Supreme Court of the United States (sometimes colloquially referred to by the acronym SCOTUS[1]) is the highest judicial body in the United States and leads the federal judiciary. ...

Prior history

Reynolds was indicted in the District Court for the 3rd Judicial District of the Territory of Utah under sect. 5352 of the Revised Statutes, which stated: The Revised Statutes of the United States was an early effort at codifying the Acts of Congress, undertaken by private publishers. ...

'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.'

Reynolds tried to instruct the jury that if the jury found he committed polygamy with the only intention of following his religion, then he must be found not guilty. However, the trial court refused this request and instructed the jury that if they found that Reynolds, under religious influence, "deliberately married a second time, having a first wife living, the want of consciousness of evil intent -- the want of understanding on his part that he was committing crime -- did not excuse him, but the law inexorably, in such cases, implies criminal intent."^[1] After being found guilty by the lower court, Reynolds appealed to the Supreme Court of the Utah Territory, which upheld the conviction.

The bench

The makeup of the Supreme Court and their opinions were:

Opinion

• Written by: Chief Justice Morrison Waite
  • Joined by: Justices Nathan Clifford, Noah Haynes Swayne, Samuel Freeman Miller, William Strong, Joseph Philo Bradley, Ward Hunt and John Marshall Harlan

Federal courts Supreme Court Circuit Courts of Appeal District Courts Elections Presidential elections Midterm elections Political Parties Democratic Republican Third parties State & Local government Governors Legislatures (List) State Courts Local Government Other countries Atlas  US Government Portal      The Chief Justice of the United States is the head of the judicial... Morrison Remick Waite (November 29, 1816 – March 23, 1888) was the Chief Justice of the United States from 1874 to 1888. ... Associate Justices of the Supreme Court of the United States are the members of the Supreme Court of the United States other than the Chief Justice of the United States. ... Nathan Clifford (August 18, 1803–July 25, 1881) was an American statesman, diplomat and jurist. ... Noah Haynes Swayne (December 7, 1804 - June 8, 1884) was an American jurist and politician. ... Samuel Freeman Miller (April 5, 1816 - October 13, 1890), was an associate justice of the United States Supreme Court, 1862-1890. ... Justice William Strong William Strong (May 6, 1808 - August 19, 1895) was an American jurist and politician. ... Joseph Philo Bradley (March 14, 1813 – January 22, 1892), was an American jurist, best known for his service on the United States Supreme Court, and on the Electoral Commission that decided the disputed 1876 presidential election. ... Ward Hunt (June 14, 1810-March 24, 1886), was an American jurist and politician. ... This is about the pre-World-War-I US Supreme Court justice; for his grandson, the mid-20th-century holder of the same position, see John Marshall Harlan II. John Marshall Harlan (June 1, 1833 – October 14, 1911) was an American Supreme Court associate justice. ...

Concurring

1. Written by: Justice Stephen Johnson Field (dissenting only on the admission of the evidence of Amelia Jane Schofield)

Stephen Johnson Field (November 4, 1816 – April 9, 1899) was an associate justice of the United States Supreme Court from May 20, 1863, to December 1, 1897. ...

The case

Religious Duty argument

The most important ruling of the case was over whether Reynolds could use a defense due to religious belief or duty. Reynolds had argued that as a Mormon, it was his religious duty as a male member of the church to practice polygamy if possible.

The Supreme Court recognized that under the First Amendment, the Congress cannot pass a law that prohibits the free exercise of religion. However it argued that the law prohibiting bigamy did not fall under this. The fact that a person could only be married to one person had existed since the times of King James I of England in English law on which United States law was based. “First Amendment” redirects here. ... Congress in Joint Session. ... The Declaration of the Rights of Man and of the Citizen guarantees freedom of religion, as long as religious activities do not infringe on public order in ways detrimental to society. ... James VI and I (19 June 1566 – 27 March 1625) was King of Scots as James VI, and King of England and King of Ireland as James I. He ruled in Scotland as James VI from 24 July 1567, when he was only one year old, succeeding his mother Mary...

Although the constitution did not define religion, the Court investigated the history of religious freedom in the United States. In the ruling, the court quoted a letter from Thomas Jefferson in which he stated that there was a distinction between religious belief and action that flowed from religious belief. The former "lies solely between man and his God," therefore "the legislative powers of the government reach actions only, and not opinions." The court argued that if we allowed polygamy, how long before someone argued that human sacrifice was a necessary part of their religion, and "to permit this would be to make the professed doctrines of religious belief superior to the law of the land, and in effect to permit every citizen to become a law unto himself." The Court believed the true spirit of the First Amendment was that Congress could not legislate against opinion but could legislate against action. Thomas Jefferson (13 April 1743 N.S.–4 July 1826) was the third President of the United States (1801–09), the principal author of the Declaration of Independence (1776), and one of the most influential Founding Fathers for his promotion of the ideals of Republicanism in the United States. ...

The version of Jefferson's Danbury letter which the Court used was in fact a mistaken transcription. While the Court quoted Jefferson as writing, "the legislative powers of the government reach actions only, and not opinions", Jefferson's original handwriting reads "the legitimate powers of the government reach actions only, and not opinions."

Other arguments

Reynolds also argued that the grand jury that had indicted him was not legal. Under United States law at that time, a grand jury had to consist of no less than 16 persons. However his grand jury had only 15 persons. The court overruled this on the grounds that the Utah Territory had passed a law in 1870 that stated a grand jury had to consist of only 15 persons. In the American common law legal system, a grand jury is a type of jury which determines if there is enough evidence for a trial. ... 1870 (MDCCCLXX) was a common year starting on Saturday (link will display the full calendar) of the Gregorian calendar (or a common year starting on Monday of the 12-day slower Julian calendar). ...

During his original trial, Reynolds had challenged two jurors, both of whom had stated that they had formed an opinion on the guilt or innocence of Reynolds before the trial. The court held that with universal education and media it would be hard to find jurors who had not formed some opinion on cases before they went to trial. The onus was then on the challenger to show that a real and strong opinion had been developed by the juror before the case. Reynolds had not done this.

The prosecution had asked the potential jurors whether they were themselves living in polygamy. Two of the men answered that they were unwilling to answer this question and so the prosecution had them discharged. The Supreme Court held that it would not overturn a case based on the legality of challenges to dismissed jurors.

The evidence given by Amelia Jane Schofield on a former trial of the accused for the same offence but under a different indictment was admissible. The court held that "if a witness is kept away by the adverse party, his testimony, taken on a former trial between the same parties upon the same issues, may be given in evidence". Schofield could not be found during the second trial and so evidence from the previous trial was used. The court held that Reynolds had every opportunity under oath to reveal the whereabouts of Schofield. This was the only point on which Justice Field dissented, finding that the evidence should not have been allowed.

Lastly, Reynolds had argued that the jury had been improperly instructed by the judge. The judge had told the jury that they "should consider what are to be the consequences to the innocent victims of this delusion". Reynolds argued that this introduced prejudice to the jury. The Court held that Reynolds had freely admitted that he was a bigamist and therefore was guilty of the crime he was charged with. All the judge had done was "call the attention of the jury to the peculiar character of the crime" and had done so "not to make them partial, but to keep them impartial".

Reaction

George Q. Cannon, representative of the territory, states concerning this decision: George Q. Cannon George Quayle Cannon (January 11, 1827–April 21, 1901) (commonly known as George Q. 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...

"Our crime has been: We married women instead of seducing them; we reared children instead of destroying them; we desired to exclude from the land prostitution, bastardy and infanticide. If George Reynolds [the man who was convicted of committing bigamy] is to be punished, let the world know the facts . . . . Let it be published to the four corners of the earth that in this land of liberty, the most blessed and glorious upon which the sun shines, the law is swiftly invoked to punish religion, but justice goes limping and blindfolded in pursuit of crime."^{[citation needed]}

See also

The Mormon War is a name sometimes given to the 1838 conflict which occurred between Latter-day Saints (Mormons) and their neighbors in the northwestern region of the U.S. state of Missouri. ... Missouri Executive Order 44[1] also known as The extermination order (alt. ... Nauvoo (נָאווּ to be beautiful, Sephardi Hebrew Nåvu, Tiberian Hebrew Nâwû) is a city in Hancock County, Illinois, United States. ... A statue commemorating the Mormon pioneers The Mormon pioneers were members of The Church of Jesus Christ of Latter-day Saints, also known as Latter-day Saints, who migrated across the United States from the midwest to the Salt Lake Valley in what is today the U.S. state of... Belligerents United States Utah Territory Commanders Pres. ... The Morrill Anti-Bigamy Act was signed into law on July 8, 1862 by President Abraham Lincoln. ... The Poland Act (18 Stat. ... This is a list of all the United States Supreme Court cases from volume 98: , 98 U.S. 1 (1878) , 98 U.S. 20 (1878) , 98 U.S. 31 (1878) , 98 U.S. 50 (1878) , 98 U.S. 56 (1878) , 98 U.S. 61 (1878) , 98 U.S. 72 (1878... The Edmunds Act, signed into law on March 23, 1882, declared polygamy a felony. ... The Edmunds-Tucker Act of 1887 touched all the issues at dispute between Congress and The Church of Jesus Christ of Latter-day Saints. ... Mormon Church v. ... The 1890 Manifesto, sometimes simply called The Manifesto, was a historical statement which officially renounced the practice of polygamy in The Church of Jesus Christ of Latter-day Saints (the LDS Church; see also Mormon). Signed on by LDS President Wilford Woodruff in September of 1890, the Manifesto was a... The Smoot Hearings or Smoot Case involved controversy surrounding the election of Reed Smoot to the United States Senate and whether he should be able to serve in the United States Senate as a Mormon religious leader. ... Joseph F. Smith, author of the Second Manifesto The 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 confirmed that the church was opposed to plural marriage and set down the principle that... The Short Creek raid is the name given to Arizona state police and U.S. National Guard action against Mormon fundamentalists that took place on the morning of July 26, 1953 at Short Creek, Arizona. ... Civil marriage has undergone significant changes in the United States since the countrys inception: 1830 - Right of married woman to own property in her own name (instead of all property being owned exclusively by the husband) in Mississippi. ...

References

• Morrison Waite. U.S. Supreme Court REYNOLDS v. U.S., 98 U.S. 145 (1878). Retrieved Feb 6, 2005.
• Long, Bill. Free exercise of Religion. Retrieved Feb 6, 2005.

Morrison Remick Waite (November 29, 1816 – March 23, 1888) was the Chief Justice of the United States from 1874 to 1888. ...

External links

• Full text of the decision & case resources from Justia & Northwestern-Oyez