The Edmunds-Tucker Act: A Historical Law Overview

The Edmunds-Tucker Act, which became law on March 3, 1887, was a response to the dispute between the US Congress and the Church of Jesus Christ of Latter-day Saints (LDS Church) regarding polygamy. The Act restricted some practices of the LDS Church, disincorporated the church, and confiscated church properties valued over $50,000. It prohibited polygamy, punishable by a fine of $500 to $800 and imprisonment of up to five years. The Act was enforced by the US Marshal and their deputies, and it was named after its sponsors, Senator George F. Edmunds of Vermont and Congressman John Randolph Tucker of Virginia.

The Act became law on 3 March 1887

The 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 (LDS Church) regarding polygamy. The Act became law on 3 March 1887, after President Grover Cleveland refused to sign the bill but also did not veto it.

The Act was an amendment to the earlier Edmunds Act of 1882, which had made polygamy a felony in federal territories. The Edmunds-Tucker Act further restricted the practices of the LDS Church, specifically targeting polygamy. The Act prohibited the practice of polygamy and punished it with a fine of between $500 and $800, as well as imprisonment of up to five years. It also dissolved the corporation of the LDS Church and directed the confiscation by the federal government of all church properties valued over $50,000.

In addition to these measures, the Edmunds-Tucker Act also required an anti-polygamy oath for prospective voters, jurors, and public officials. It annulled territorial laws allowing illegitimate children to inherit and required civil marriage licenses to aid in the prosecution of polygamy. The Act also abrogated the common law spousal privilege for polygamists, requiring wives to testify against their husbands.

The Act also had a significant impact on women, disenfranchising them in the Territory of Utah and requiring them to testify against their husbands in court. The Edmunds-Tucker Act was enforced by the U.S. Marshal and a host of deputies, and it remained in effect until it was repealed in 1978.

It disincorporated the LDS Church

The Edmunds–Tucker Act of 1887 was an Act of Congress that restricted some practices of the Church of Jesus Christ of Latter-day Saints (LDS Church) and disincorporated the church. The act was passed in response to the dispute between the United States Congress and the LDS Church regarding polygamy.

The Act disincorporated both the LDS Church and the Perpetual Emigration Fund on the grounds that they fostered polygamy. It dissolved the corporation of the church and directed the confiscation by the federal government of all church properties valued over $50,000. The act was enforced by the U.S. Marshal and a host of deputies. The assets of the LDS Church and the Perpetual Emigrating Fund Company were to be used for public schools in the Territory.

The Act required an anti-polygamy oath for prospective voters, jurors, and public officials. It also annulled territorial laws allowing illegitimate children to inherit and required civil marriage licenses to aid in the prosecution of polygamy. The common-law spousal privilege for polygamists was abrogated, requiring wives to testify against their husbands.

The Edmunds–Tucker Act disincorporated the LDS Church, seizing its assets. The anti-polygamy laws were challenged in court, but two Supreme Court rulings upheld the right of the government to prohibit polygamous marriages and seize the property of the LDS Church. A few months after losing its case before the Supreme Court, church president Wilford Woodruff stated that the church had ended the contracting of new polygamous marriages, reversing the long-standing practice of evading or ignoring anti-polygamy laws.

The Edmunds–Tucker Act was an amendment to the earlier Edmunds Act of 1882, also known as the Edmunds Anti-Polygamy Act, which declared polygamy a felony in federal territories. The Edmunds Act prohibited "bigamous" or "unlawful cohabitation" and made it illegal for polygamists or cohabitants to vote, hold public office, or serve on juries in federal territories. The Edmunds Act restrictions were enforced regardless of whether an individual was actually practicing polygamy or merely stated a belief in the doctrine of plural marriage.

It prohibited polygamy and punished it with fines and imprisonment

The 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 (LDS Church) regarding polygamy. The Act prohibited the practice of polygamy and punished it with a fine of between $500 and $800, and imprisonment of up to five years.

The Act was an amendment to the earlier Edmunds Act of 1882, which had made polygamy a felony in federal territories, punishable by a fine of up to $500 and imprisonment of up to five years. However, the Edmunds-Tucker Act went further, not only prohibiting polygamy but also dissolving the corporation of the LDS Church and confiscating its properties valued over $50,000. The Act was enforced by the U.S. Marshal and their deputies.

The Act also required individuals to take an anti-polygamy oath before they could vote, hold public office, or serve on a jury. This was a significant blow to the LDS Church, as it effectively disenfranchised its members and prevented them from participating in the democratic process. The Act also replaced local judges with federally appointed ones, ensuring that the Act would be enforced consistently.

The Edmunds-Tucker Act had a significant impact on the LDS Church and its members. It not only criminalized polygamy but also disrupted the Church's structure and finances. The Act also targeted the Perpetual Emigrating Fund, which was dissolved under the Act, as it was believed to have fostered polygamy. Overall, the Edmunds-Tucker Act represented a concerted effort by the United States government to end the practice of polygamy and restrict the activities of the LDS Church.

It required an anti-polygamy oath for voters, jurors and officials

The 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 (LDS Church) regarding polygamy. The Act required an anti-polygamy oath to be taken by prospective voters, jurors, and public officials. This was a direct response to the perceived failure of the Evarts Circular, which had aimed to stop polygamous immigration.

The anti-polygamy oath was a significant component of the Edmunds–Tucker Act, as it sought to address the issue of polygamy by requiring individuals to renounce the practice before being allowed to participate in certain civic duties. This measure built upon the Edmunds Act of 1882, which had already prohibited individuals in polygamous relationships from voting, holding office, or serving on juries. By requiring an anti-polygamy oath, the Edmunds–Tucker Act further reinforced the commitment to eradicate polygamy and ensure that those participating in civic duties abided by this law.

The inclusion of the anti-polygamy oath in the Edmunds–Tucker Act reflected the increasing efforts by the federal government to enforce anti-bigamy laws and address the tension between the Church of Jesus Christ of Latter-day Saints and the government. The Act also carried other provisions, such as the dissolution of the LDS Church, confiscation of church properties, and the replacement of local judges with federally appointed ones.

The anti-polygamy oath requirement had a significant impact on the rights and participation of individuals in civic duties. It is important to note that the Edmunds–Tucker Act also disenfranchised all women in Utah, reversing the earlier decision to grant them the right to vote. This Act, therefore, had far-reaching consequences for the civic engagement and representation of individuals in the affected territories.

Overall, the requirement of an anti-polygamy oath for voters, jurors, and officials under the Edmunds–Tucker Act was a key aspect of the legislation's aim to address the dispute between the United States Congress and the LDS Church regarding polygamy. It built upon previous efforts and reflected the government's determination to enforce anti-bigamy laws.

It disenfranchised women

The Edmunds-Tucker Act became law on March 3, 1887. It was an amendment to the earlier Edmunds Act of 1882, which had already restricted the rights of women by making it illegal for polygamists or cohabitants to vote, hold public office, or serve on juries in federal territories.

The Edmunds-Tucker Act further entrenched this disenfranchisement of women, specifically targeting women in Utah who had been enfranchised by the Territorial legislature in 1870. The Act included a clause that made it unlawful for any female to vote in the Territory of Utah, annulling all acts of the legislative assembly that provided for or allowed the registration or voting of females. This was a direct response to the assumption that women would vote against the "barbarous" practice of polygamy, which was a source of tension between the Church of Jesus Christ of Latter-day Saints and the U.S. government. However, women in Utah staunchly defended polygamy in print and at the ballot box, with publications like the Woman's Exponent frequently defending polygamy.

The Edmunds-Tucker Act also required an anti-polygamy oath for prospective voters, jurors, and public officials, further entrenching the disenfranchisement of women. The Act mandated that all elected offices throughout the territory be vacated, and new elections held, with the election board issuing certificates only to candidates who denied a belief in polygamy and did not practice it. This meant that women who had previously held office and been able to vote were now unable to do so, as they were not given certificates by the election board.

The Act also required the abrogation of common-law spousal privilege for polygamists, meaning that wives could now be compelled to testify against their husbands in court. This had a significant impact on the disenfranchisement of women, as it meant that women could no longer refuse to testify against their husbands and risk being jailed for their refusal. This was a direct attack on the community and religion of those practicing polygamy, as it forced women to choose between their religious beliefs and their legal obligations.

The Edmunds-Tucker Act had far-reaching consequences for women in Utah, entrenching their disenfranchisement and further restricting their rights and freedoms. It was a direct response to the assumption that women would vote against polygamy, and it targeted their ability to participate in the political process and defend their religious beliefs.

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