Edmunds-Tucker Act
Encyclopedia
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 is found in US Code Title 48 & 1461, full text as 24 Stat. 635, with this annotation to be interpreted as Volume 24, page 635 of United States Statutes at Large. The act is named after its congressional sponsors, Senator George F. Edmunds
of Vermont and Congressman John Randolph Tucker of Virginia. The act was repealed in 1978.
on the grounds that they fostered polygamy
. The act prohibited the practice of polygamy and punished it with a fine of from $500 to $800 and imprisonment of up to five years. It dissolved the corporation
of the church and directed the confiscation by the federal government of all church properties valued over a limit of $50,000. The act was enforced by the U.S. marshal
and a host of deputies.
The act:
In 1890 the U.S. Supreme Court upheld the seizure of Church property under the Edmunds–Tucker Act in Late Corporation of the Church of Jesus Christ of Latter-Day Saints v. United States.
This act was repealed in 1978.
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....
and The Church of Jesus Christ of Latter-day Saints (LDS Church) regarding polygamy
Polygamy
Polygamy is a marriage which includes more than two partners...
. The act is found in US Code Title 48 & 1461, full text as 24 Stat. 635, with this annotation to be interpreted as Volume 24, page 635 of United States Statutes at Large. The act is named after its congressional sponsors, Senator George F. Edmunds
George F. Edmunds
George Franklin Edmunds was a Republican U.S. Senator from Vermont from 1866 to 1891.Born in Richmond, Vermont, Edmunds attended common schools and was privately tutored as a child. After being admitted to the bar in 1849, he started a law practice in Burlington, Vermont...
of Vermont and Congressman John Randolph Tucker of Virginia. The act was repealed in 1978.
History
The act disincorporated both the LDS Church and the Perpetual Emigration FundPerpetual Emigration Fund
The Perpetual Emigrating Fund Company, commonly referred to as the Perpetual Emigration Fund , was a corporation established by The Church of Jesus Christ of Latter-day Saints in 1849...
on the grounds that they fostered polygamy
Polygamy
Polygamy is a marriage which includes more than two partners...
. The act prohibited the practice of polygamy and punished it with a fine of from $500 to $800 and imprisonment of up to five years. It dissolved the corporation
Incorporation (business)
Incorporation is the forming of a new corporation . The corporation may be a business, a non-profit organisation, sports club, or a government of a new city or town...
of the church and directed the confiscation by the federal government of all church properties valued over a limit of $50,000. The act was enforced by the U.S. marshal
United States Marshals Service
The United States Marshals Service is a United States federal law enforcement agency within the United States Department of Justice . The office of U.S. Marshal is the oldest federal law enforcement office in the United States; it was created by the Judiciary Act of 1789...
and a host of deputies.
The act:
- Dissolved the LDS Church and the Perpetual Emigrating Fund Company, with assets to be used for public schools in the Territory.
- Required an anti-polygamy oath for prospective voters, jurors and public officials.
- Annulled territorial laws allowing illegitimate children to inherit.
- Required civil marriage licenseMarriage licenseA marriage license is a document issued, either by a church or state authority, authorizing a couple to marry. The procedure for obtaining a license varies between countries and has changed over time...
s (to aid in the prosecution of polygamy). - Abrogated the common law spousal privilegeSpousal privilegeIn the law of the United States, the spousal privilege comprises two separate privileges, the marital confidences privilege and the spousal testimonial privilege....
for polygamists, thus requiring wives to testify against their husbands. - Disfranchised womenWomen's suffrageWomen's suffrage or woman suffrage is the right of women to vote and to run for office. The expression is also used for the economic and political reform movement aimed at extending these rights to women and without any restrictions or qualifications such as property ownership, payment of tax, or...
(who had been enfranchised by the Territorial legislature in 1870). - Replaced local judges (including the previously powerful Probate Court judges) with federally appointed judges.
- Abolished the office of Territorial superintendent of district schools, granting the supreme court of the Territory of Utah the right to appoint a commissioner of schools. Also called for the prohibition of the use of sectarian books and for the collection of statistics of the number of so-called gentiles and Mormons attending and teaching in the schools.
In 1890 the U.S. Supreme Court upheld the seizure of Church property under the Edmunds–Tucker Act in Late Corporation of the Church of Jesus Christ of Latter-Day Saints v. United States.
This act was repealed in 1978.
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) - Morrill Anti-Bigamy ActMorrill Anti-Bigamy ActThe 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...
(1862) - Poland ActPoland ActThe 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 exerted over the justice system of Utah Territory. Sponsored by Senator...
(1874) - Reynolds v. United StatesReynolds v. United StatesReynolds 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...
(1879) - 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) - LDS Church v. United States (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) - History of civil marriage in the U.S.History of civil marriage in the U.S.Many laws in the history of the United States have addressed marriage and the rights of married people. Common themes addressed by these laws include polygamy, interracial marriage, divorce, and same-sex marriage.-1800–1899:...
- Women's suffrage in UtahWomen's suffrage in UtahWomen's suffrage in Utah was first granted in 1870, in the pre-federal period, decades before statehood. Among all U.S. states, only Wyoming granted suffrage to women earlier than Utah...