P. T. Van Zile of Michigan, who became district attorney of the territory in 1878, tried John Miles, a polygamist, for bigamy, in 1879, and he was convicted, the prosecutor taking advantage of the fact that the territorial legislature had practically adopted the California code, which allowed challenges of jurors for actual bias. The principal incident of this trial was the summoning of "General" Wells, then a counsellor of the church, as a witness, and his refusal to describe the dress worn during the ceremonies in the Endowment House, and the ceremonies themselves. He gave as his excuse, "because I am under moral and sacred obligations to not answer, and it is interwoven in my character never to betray a friend, a brother, my country, my God, or my religion." He was sentenced to pay a fine, of $100, and to two days' imprisonment. On his release, the City Council met him at the prison door and escorted him home, accompanied by bands of music and a procession made up of the benevolent, fire, and other organizations, and delegations from every ward.
Governor Emery, in his message to the territorial legislature of 1878, spoke as plainly about polygamy as any of his predecessors, saying that it was a grave crime, even if the law against it was a dead letter, and characterizing it as an evil endangering the peace of society.
There was a lull in the agitation against polygamy in Congress for some years after the contest over the Cullom Bill. In 1878 a mass-meeting of women of Salt Lake City opposed to polygamy was held there, and an address "to Mrs. Rutherford B. Hayes and the women of the United States," and a petition to Congress, were adopted, and a committee was appointed to distribute the petition throughout the country for signatures. The address set forth that there had been more polygamous marriages in the last year than ever before in the history of the Mormon church; that Endowment Houses, under the name of temples, and costing millions, were being erected in different parts of the territory, in which the members were "sealed and bound by oaths so strong that even apostates will not reveal them"; that the Mormons had the balance of power in two territories, and were plotting to extend it; and asking Congress "to arrest the further progress of this evil."
President Hayes, in his annual message in December, 1879, spoke of the recent decision of the United States Supreme Court, and said that there was no reason for longer delay in the enforcement of the law, urging "more comprehensive and searching methods" of punishing and preventing polygamy if they were necessary. He returned to the subject in his message in 1880, saying: "Polygamy can only be suppressed by taking away the political power of the sect which encourages and sustains it.. .. I recommend that Congress provide for the government of Utah by a Governor and judges, or Commissioners, appointed by the President and confirmed by the Senate, (or) that the right to vote, hold office, or sit on juries in the Territory of Utah be confined to those who neither practise nor uphold polygamy."
President Garfield took up the subject in his inaugural address on March 4, 1881. "The Mormon church," he said, "not only offends the moral sense of mankind by sanctioning polygamy, but prevents the administration of justice through ordinary instrumentalities of law." He expressed the opinion that Congress should prohibit polygamy, and not allow "any ecclesiastical organization to usurp in the smallest degree the functions and power, of the national government." President Arthur, in his message in December, 1881, referred to the difficulty of securing convictions of persons accused of polygamy—"this odious crime, so revolting to the moral and religious sense of Christendom"—and recommended legislation.
In the spirit of these recommendations, Senator Edmunds introduced in the Senate, on December 12, 1881, a comprehensive measure amending the antipolygamy law of 1862, which, amended during the course of the debate, was passed in the Senate on February 12, 1882, without a roll-call,*and in the House on March 13, by a vote of 199 to 42, and was approved by the President on March 22. This is what is known as the Edmunds law—the first really serious blow struck by Congress against polygamy.
* Speeches against the bill were made in the Senate by Brown,
Call, Lamar, Morgan, Pendleton, and Vest.
It provided, in brief, that, in the territories, any person who, having a husband or wife living, marries another, or marries more than one woman on the same day, shall be punished by a fine of not more than $500, and by imprisonment, for not more than five years; that a male person cohabiting with more than one woman shall be guilty of a misdemeanor, and be subject to a fine of not more than $300 or to six months' imprisonment, or both; that in any prosecution for bigamy, polygamy, or unlawful cohabitation, a juror may be challenged if he is or has been living in the practice of either offence, or if he believes it right for a man to have more than one living and undivorced wife at a time, or to cohabit with more than one woman; that the President may have power to grant amnesty to offenders, as described, before the passage of this act; that the issue of so-called Mormon marriages born before January 1, 1883, be legitimated; that no polygamist shall be entitled to vote in any territory, or to hold office under the United States; that the President shall appoint in Utah a board of five persons for the registry of voters, and the reception and counting of votes.
To meet the determined opposition to the new law, an amendment (known as the Edmunds-Tucker law) was enacted in 1887. This law, in any prosecution coming under the definition of plural marriages, waived the process of subpoena, on affadavit of sufficient cause, in favor of an attachment; allowed a lawful husband or wife to testify regarding each other; required every marriage certificate in Utah to be signed by the parties and the person performing the ceremony, and filed in court; abolished female suffrage, and gave suffrage only to males of proper age who registered and took an oath, giving the names of their lawful wives, and promised to obey the laws of the United States, and especially the Edmunds law; disqualified as a juror or officeholder any person who had not taken an oath to support the laws of the United States, or who had been convicted under the Edmunds law; gave the President power to appoint the judges of the probate courts;* provided for escheating to the United States for the use of the common schools the property of corporations held in violation of the act in 1862, except buildings held exclusively for the worship of God, the parsonages connected therewith, and burial places; dissolved the corporation called the Perpetual Emigration Company, and forbade the legislature to pass any law to bring persons into the territory; dissolved the corporation known as the Church of Jesus Christ of Latter-Day Saints, and gave the Supreme Court of the territory power to wind up its affairs; and annulled all laws regarding the Nauvoo Legion, and all acts of the territorial legislature.
* The first territorial legislature which met after the passage
of this law passed an act practically nullifying such appointments of
probate judges, but the governor vetoed it. In Beaver County, as soon as
the appointment of a probate judge by the President was announced, the
Mormon County Court met and reduced his salary to $5 a year.