The Mormon Question: Polygamy and Constitutional Conflict in Nineteenth-Century America SARAH BARRINGER GORDON My research into the “Mormon Question” has blurred disciplinary boundaries, demonstrat ing that legal history occurs outside the confines of law books, out in the world of popular culture, political cartooning, and sermonizing, and even in outbreaks of violence. This article is designed to illustrate how an entire body of constitutional law was made in opposition to the marital and sexual arrangements of Mormons in the Utah Territory in the nineteenth century. The Mormon Question tied together ques tions ofreligion, law, and the perceived sexual enslavement of women in a tantalizing mix. Many Americans in the nineteenth century were intrigued, dismayed, and ultimately per suaded that Mormon men were dangerous to the women they married. They also believed that polygamy was a threat to the entire politi cal and constitutional system.1 Opponents of polygamy claimed that Mormon plural marriage was, in essence, a political and legal question. They imagined Mormon men, especially, as violent and de fiant. A political cartoon from the 1880s, for example, depicted a Mormon atop a platform labeled “polygamy,” shaking his fist at a cow ardly Congress, with his wives chained at the neck and labeled like so many cattle. Needless to say, this kind ofattack was painful in the ex treme to Mormons, who claimed thatthey were misunderstood by the rest ofthe country.2 The arguments made on both sides of the debate over polygamy were complex and changed over time, and I can only go into a few ofthe many fascinating venues ofthe con flict. For the purposes of this article, the key point is that the combatants ranged across gen res and into multiple fields ofconflict, forcing our gaze as lawyers out beyond the bounds of doctrine, teaching us once again that constitu tional theory and legal doctrine are rich sources of cultural insight: they are the stuff of great stories. This story begins with religious faith. Joseph Smith founded the Church of Jesus Christ of Latter-day Saints, commonly called THE MORMON QUESTION 15 i x t i y r o c a a'. —• -v • w. ■ M» » ii-t' - .«»•' i t‘This 1880s political cartoon from The Judge depicts a Mormon atop a platform labeled “polygamy” (on the supporting pole), shaking his fist at a cowardly Congress. His wives are chained at the neck and labeled like cattle. 16 JOURNAL OF SUPREME COURT HISTORY the Mormon Church, in 1830. He was the sect’s Prophet, its firstpresident, and the translator of the “golden plates,” which, he reported, were revealed to him by an angel. He was known in upstate New York as a counterfeiter, fortune teller, and treasure hunter.3 And yet Smith’s in spiration forever changed his world and drew a following whose faith was severely tested by scorn and persecution. Smith not only pub lished the Book of Mormon—a new revela tion that placed America at the center of re ligious history—but also embraced a concept of ongoing revelation in the “latter days.” The new covenant between God and his servant Joseph Smith assured followers that they were part ofa glorious cosmic plan, which was grad ually unfolded for their exaltation and, ulti mately, for the salvation ofthe world.4 Mormonism was bom in a society satu rated with religious messages. Smith under stood that he and his followers were enmeshed in what he called a “war of words” among Christians, and he claimed that his new revela tion was the only uncorrupted and truly Chris tian Word of God.5 The Mormon Church quickly acquired passionate adherents and equally passionate opponents. Everywhere they went, Mormons excited the enmity of their neighbors. The story is a complex one, and involves charges of violence on both sides, but there can be no doubt that Mormons suffered greatly. In 1838, seventeen men and boys were killed by local residents in what is known as the Mas sacre at Haun’s Mill, Missouri. The governorof Missouri called for the expulsion of all Mor mons from the state; officials in other states were less explicit, but let Mormons know that they could not rely on state...