1879 Rutherford B. Hayes - Ending Polygamy

In the 19th century, Mormons who practiced polygamy were driven west and settled near the Great Salt Lake in Utah. But, since Utah was a federal territory, it was subject to the laws of congress including a ban on bigamy. George Reynolds, a Mormon was charged with bigamy and took his case to the supreme court, arguing that federal law forbidding polygamy was unconstitutional since it denied his right to the free exercise of religion. In 1879, the supreme court ruled against Reynolds and upheld his conviction. Chief Justice Waite wrote in his opinion that "Freedom of religion means freedom to hold an opinion or belief, but not to take action in violation of social duties or subversive to good order".

In his 1879 annual address, President Rutherford B. Hayes applauded this decision and requested that congress begin immediately using the law to punish what he called a large number of "prominent and influential citizens of the Territory of Utah":

"The opinion widely prevailed among the citizens of Utah that the [polygamy] law was in contravention of the constitutional guaranty of religious freedom. This objection is now removed. The Supreme Court of the United States has decided the law to be within the legislative power of Congress and binding as a rule of action for all who reside within the Territories. There is no longer any reason for delay or hesitation in its enforcement. It should be firmly and effectively executed. If not sufficiently stringent in its provisions, it should be amended; and in aid of the purpose in view I recommend that more comprehensive and more searching methods for preventing as well as punishing this crime be provided. If necessary to secure obedience to the law, the enjoyment and exercise of the rights and privileges of citizenship in the Territories of the United States may be withheld or withdrawn from those who violate or oppose the enforcement of the law on this subject."

President Hayes, was not just attacking the Mormons for moral reasons. He wanted Utah to become a state, but so long as polygamy was practiced freely in the territory, Americans would not accept it. The supreme court gave him the weapon to enforce the polygamy laws, and put Utah on the road to statehood.

References

Presidency.ucsb.edu. (2018). Rutherford B. Hayes: Third Annual Message. [online] Available at: http://www.presidency.ucsb.edu/ws/index.php?pid=29520 [Accessed 31 Jan. 2018].

Phschool.com. (2018). Pearson Prentice Hall: Supreme Court Cases. [online] Available at: http://www.phschool.com/atschool/ss_web_codes/supreme_court_cases/reynolds.html [Accessed 31 Jan. 2018].


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