What is The Edmunds-Tucker Act?

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Todd Noall

Todd Noall

Source Expert

Todd Noall is an author and religious scholar at Mormonism Explained with a focus on the history and theology of religion.

Fact Checked by Kevin Prince

The Edmunds-Tucker Act was a significant piece of legislation passed by the United States Congress in 1887, aimed primarily at curbing the practice of polygamy among members of The Church of Jesus Christ of Latter-day Saints (LDS Church). The act was named after its sponsors, Senator George F. Edmunds and Representative John Randolph Tucker, and represented a concerted effort by the federal government to enforce anti-polygamy laws and assert control over the Utah Territory, where the LDS Church was headquartered.

History of Polygamy

The beginnings of polygamy are closely tied to the prophet, Joseph Smith and his wives. Joseph Smith is believed to have received a revelation on plural marriage in the early 1830s. This revelation, now found in Section 132 of the Doctrine and Covenants, outlines the theological underpinnings of the practice, linking it to Old Testament figures such as Abraham, Isaac, Jacob, and others who were considered righteous men. According to the revelation, plural marriage was seen as a commandment from God, designed to raise up a righteous seed and to provide for women in a patriarchal society.

Fanny Alger is often considered Joseph Smith’s first plural wife around 1835 or 1836. The plural marriage did not last and Joseph Smith did continue the practice until he and the members of the church moved to Nauvoo.

After the church’s move to Nauvoo, Illinois, in the early 1840s, Joseph Smith is known to have entered into numerous plural marriages, with estimates of how many Joseph Smith’s wives ranging from 30 to 40. These marriages included women who were already married to other men (polyandry). Key figures in the church, including Brigham Young and Heber C. Kimball, also took plural wives during this period.

The secrecy surrounding plural marriage in Nauvoo was intense. The Nauvoo Expositor, a newspaper published by dissenting church members in 1844, accused Joseph Smith and other leaders of practicing something they called “spiritual wifery.” Church leaders distinguished spiritual wifery from plural marriage by the marriage rites they performed. Essentially spiritual wifery was practiced by a former member of the church named John C. Bennett, who manipulated women into having sex with him out of wedlock. Plural marriage was a practice that women were told about, asked to pray about, and only entered into after their full consent was given and a marriage ceremony was performed. In fact, Joseph Smith’s youngest wife, Helen Mar Kimball, was told about the practice by her father, Heber C. Kimball. Helen agreed to a marriage, but there were at least seven women who refused a plural marriage with Joseph Smith. The distinction between the two practices was significant to those who practiced plural marriage. The Nauvoo Expositor’s press was destroyed and this contributed to the events that culminated in Smith’s death. 

Following Joseph Smith’s death in 1844, Brigham Young led the main body of the church to the Utah Territory, where plural marriage became more openly practiced and publicly acknowledged. In Utah, the practice was seen as a divine commandment and became an integral part of the community’s social structure. The number of plural marriages increased, with many church leaders and members participating.

The Edmunds-Tucker Act

The practice of polygamy brought the LDS Church into conflict with the United States government. Anti-polygamy laws, such as the Morrill Anti-Bigamy Act of 1862 and the Edmunds Act of 1882, were enacted to curb the practice. These laws led to the arrest and imprisonment of many church leaders and members. However, these measures proved insufficient in effectively curbing the practice. The most severe legislation, the Edmunds-Tucker Act of 1887, disincorporated the church and confiscated its property, putting immense pressure on the community. The Edmunds-Tucker Act was designed to strengthen federal enforcement and end the institutional support for polygamy within the church.

The Edmunds-Tucker Act contained several provisions that targeted the LDS Church and its members:

1. Disincorporation of the Church: The act disincorporated the LDS Church and the Perpetual Emigrating Fund Company, which was used to assist Mormon converts in migrating to Utah. This meant that the church lost its legal status as a church corporation, significantly impacting its ability to own property and manage its financial affairs.

2. Confiscation of Church Property: Any property owned by the LDS Church valued over $50,000 was subject to confiscation by the federal government. This aimed to weaken the financial power of the church and its ability to support polygamous families.

3. Abolition of Female Suffrage: The act revoked the right to vote for women in the Utah Territory. This was partly a response to the fact that many women in Utah supported polygamy and voted in favor of candidates who were sympathetic to the church’s stance on the practice.

4. Oaths and Registration: All voters, jurors, and public officials in the Utah Territory were required to take an oath affirming that they did not practice polygamy or belong to any organization that encouraged it. This was intended to reduce the political influence of polygamists.

5. Marital Law and Probate Courts: The act transferred the jurisdiction over marriage and probate cases from local courts, which were often dominated by LDS members, to federally appointed judges. This aimed to ensure that anti-polygamy laws were enforced more stringently.

The passage of the Edmunds-Tucker Act had a profound impact on the LDS Church and its members. The confiscation of church property and the disincorporation of the church significantly weakened its financial stability. The requirement for oaths and the disenfranchisement of women reduced the political power of the church within the territory. Moreover, the act led to increased federal prosecution of polygamists, resulting in numerous arrests and convictions.

The continued pressure from the federal government eventually led to a significant shift within the LDS Church. In 1890, church president Wilford Woodruff issued the “Manifesto,” which publicly declared the end of the practice of polygamy. This declaration was a crucial step towards the eventual admission of Utah as a state in 1896, as it helped to resolve one of the major points of conflict between the territory and the federal government.

Conclusion
The Edmunds-Tucker Act was a decisive federal response to the issue of polygamy in the United States, specifically targeting the LDS Church’s practice of polygamy had begun with Joseph Smith’s polygamy. Through a combination of legal, financial, and political measures, the act sought to dismantle the institutional support for polygamy and enforce federal laws more effectively. Its passage marked a turning point in the history of the LDS Church, leading to significant changes in its practices and its relationship with the federal government.

By Todd Noall, Source Expert

Todd Noall is an author and religious scholar at Mormonism Explained with a focus on the history and theology of religion.

Fact Checked by Mr. Kevin Prince, Source Expert

Kevin Prince is a religious scholar and host of the Gospel Learning Youtube channel. His channel has garnered over 41,000 subscribers and accumulated over 4.5 million views. Mr. Prince also created the Gospel Learning App, a reliable platform where individuals seeking truth can access trustworthy answers to religious questions from top educators worldwide.

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Mormonism Explained is a resource that was designed to provide objective and factual information about Mormonism, its history, doctrines, and policies. Our team of researchers consults experts and primary sources to present factual information on a variety of topics relevant to the Mormon Church.

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