| Polygamy was not openly practiced in the Mormon Church until 1852 when Orson Pratt, an apostle, made a public speech defending it as a tenet of the church. From 1852 until 1890, Mormon Church leaders preached and encouraged members, especially those in leadership positions, to marry additional wives. A majority of the Latter-day Saints never lived the principle. Since polygamy was openly practiced for only a short time by Mormons, there were no established rules about how family members should relate to each other. Instead, each family adapted to their particular circumstances. In 1854 the Republican party termed polygamy and slavery the "twin relics of barbarism." In 1862 the United States Congress passed the Morrill Act, which prohibited plural marriage in the territories, disincorporated the Mormon Church, and restricted the church's ownership of property. The nation was in the midst of the Civil War, however, and the law was not enforced. Out of a number of other bills introduced during the 1870s against polygamy, only the Poland Act passed, in 1874. It gave district courts all civil and criminal jurisdiction and limited the probate courts to matters of estate settlement, guardianship, and divorce. The Mormons continued to practice polygamy despite these laws, since they believed that the practice was protected by the freedom of religion clause in the Bill of Rights. To test the constitutionality of the laws, George Reynolds, Brigham Young's private secretary, agreed to be a test case. In 1879 the case reached the Supreme Court, which upheld the Morrill Act: "Laws are made for the government of actions, and while they cannot interfere with mere religious belief and opinion, they may with practices." In 1882 Congress passed the Edmunds Act, which was actually a series of amendments to the Morrill Act. Because the Edmunds Act was unsuccessful in controlling polygamy in Utah, in 1884 Congress debated legislation to plug the loopholes. Finally, in 1887, the "hodge-podge" Edmunds-Tucker Bill passed. It required plural wives to testify against their husbands, dissolved the Perpetual Emigrating Fund Company (a loan institution that helped members of the church come to Utah from Europe), abolished the Nauvoo Legion militia, and provided a mechanism for acquiring the property of the church, which already was disincorporated by the Morrill Act. The Cullom-Struble Bill with even stricter measures was debated in 1889, but the Mormon Church helped to prevent its passage by promising to do away with polygamy. Taken from the Utah History Encyclopedia. |