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Context of '1882: Edmunds Act Disenfranchises Citizens Convicted of Polygamy'

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After two states, Kentucky and Vermont, include language in their constitutions allowing state officials to strip citizens of the right to vote upon conviction for various felonies and other serious crimes (see April 19, 1792 and July 9, 1793), a large number of other states follow suit.
Ohio - In 1802, Ohio leads the way, including language in its newly ratified state constitution that gives the legislature the right to “exclude from the privilege of voting” any citizen “convicted of bribery, perjury, or otherwise infamous crime.”
Louisiana - In 1812, Louisiana includes language in its newly ratified state constitution that disenfranchises citizens “convicted of bribery, perjury, forgery, or other high crimes or misdemeanors.” The Louisiana Constitution also disenfranchises anyone convicted of participating “in a duel with deadly weapons against a citizen of Louisiana.” In 1845, Louisiana includes language in its constitution to disenfranchise a citizen “under interdiction” or “under conviction of any crime punishable with hard labor.”
Indiana - In 1816, Indiana ratifies its constitution, which grants the General Assembly the right “to exclude from the privilege of electing, or being elected, any person convicted of an infamous crime.”
Mississippi - In 1817, Mississippi’s newly ratified state constitution allows for the disenfranchisement of citizens “convicted of bribery, perjury, forgery, or other high crimes or misdemeanors.”
Connecticut - Connecticut ratifies its state constitution in 1818. That instrument precludes from voting “those convicted of bribery, forgery, perjury, dueling, fraudulent bankruptcy, theft, or other offense for which an infamous punishment is inflicted.”
Alabama - Alabama ratifies its constitution in 1819, granting itself the right to disenfranchise “those who shall hereafter be convicted of bribery, perjury, forgery, or other high crimes and misdemeanors.”
Missouri - In 1820, Missouri’s newly ratified constitution gives Missouri’s General Assembly the right to disenfranchise “all persons convicted of bribery, perjury, or other infamous crime.” Citizens convicted of electoral bribery lose their right to vote for 10 years.
New York - New York ratifies its constitution in 1821. Like Indiana, it bars citizens from voting if convicted of “infamous crimes.” In 1846, New York rewrites the constitution to strip voting rights from those “who have been or may be convicted of bribery, larceny, or of any other infamous crime… and for wagering on elections.”
Virginia - Virginia ratifies its constitution in 1830. It follows New York and Indiana in barring voting by those “convicted of an infamous crime.”
Delaware - Delaware’s constitution, ratified in 1831, bars citizens from voting “as a punishment of crime,” and specifically disenfranchises citizens convicted of a felony.
Tennessee - In 1834, Tennessee’s newly ratified constitution bars those convicted of “infamous crimes” from voting.
Florida - Florida’s constitution is ratified in 1838, seven years before Florida becomes a state. Under Florida’s constitution, the General Assembly can disenfranchise citizens “who shall have been, or may thereafter be, convicted of bribery, perjury, forgery, or other high crime or misdemeanor.… [T]he General Assembly shall have power to exclude from… the right of suffrage, all persons convicted of bribery, perjury, or other infamous crimes.”
Rhode Island - Rhode Island ratifies its constitution in 1842, and bans citizens from voting once “convicted of bribery or of any crime deemed infamous at common law, until expressly restored to the right of suffrage by an act of General Assembly.”
New Jersey - Like Rhode Island, New Jersey’s 1844 constitution disenfranchises convicted felons “unless pardoned or restored by law to the right of suffrage.” The constitution specifically disenfranchises those “convicted of bribery.”
Texas - The Texas Constitution, ratified in 1845, states, “Laws shall be made to exclude… from the right of suffrage those who shall hereafter be convicted of bribery, perjury, forgery, or other high crimes.”
Iowa - Iowa’s constitution, ratified in 1846, disenfranchises citizens “convicted of any infamous crime.”
Wisconsin - Wisconsin’s newly ratified constitution, adopted in 1848, bars citizens “convicted of bribery, larceny, or any infamous crime” from voting, and specifically forbids citizens convicted of “betting on elections” from casting votes.
California - Like Florida, California adopts its constitution before it becomes a state. Its 1849 constitution strips voting rights from “those who shall hereafter be convicted of bribery, perjury, forgery, or other high crimes” as well as “those convicted of any infamous crime.” California becomes a state in 1850.
Maryland - Maryland’s constitution, ratified in 1851, bars from voting citizens “convicted of larceny or other infamous crime” unless pardoned by the governor. Anyone convicted of election bribery is “forever disqualified from voting.”
Minnesota - The 1857 ratification of Minnesota’s constitution gives that state the right to disenfranchise citizens “convicted of treason or felony until restored to civil rights.” The constitution comes into effect when Minnesota becomes a state in 1858.
Oregon - Oregon ratifies its state constitution in 1857, two years before it becomes a state. More strict than many other states, its constitution disenfranchises citizens “convicted of crimes punishable by imprisonment.” [ProCon, 10/19/2010]

Timeline Tags: Civil Liberties

Joseph and Hyrum Smith.Joseph and Hyrum Smith. [Source: Church of Jesus Christ of Latter-day Saints]Joseph Smith, the founder of the Church of Jesus Christ of Latter-day Saints (LDS Church, more commonly known as the Mormon Church), is murdered in an Illinois jail along with his brother Hyrum. The Smiths have been unpopular since the founding of the Mormon Church in the late 1820s. In 1832, a Christian mob tarred and feathered Joseph Smith. In 1838, Missouri Governor Lilburn Boggs ordered all Mormons expelled from his state; three days later, rogue militiamen massacred 17 Mormons, including children, at the Mormon settlement of Haun’s Mill. In 1844, Joseph and his brother Hyrum were charged with treason and jailed in Carthage, Illinois. A mob breaks into the prison and murders both men. Though five are charged with the murders, none are ever convicted. [Smithsonian Magazine, 10/2010]

Entity Tags: Lilburn Boggs, Church of Jesus Christ of Latter-day Saints, Joseph Smith, Jr, Hyrum Smith

Timeline Tags: Civil Liberties, Domestic Propaganda, US Domestic Terrorism

The US Congress passes the Edmunds Act, which strips the right to vote from citizens convicted of polygamy. Those citizens also lose their right to hold elected office. The law is passed to restrict the polygamist practices of some members of the Church of Jesus Christ of Latter-day Saints (the LDS Church, or the Mormon Church), who have been openly practicing polygamy since 1853. The Edmunds Act is a compendium of amendments to the Morrill Act of 1862, which banned polygamy and disincorporated the Mormon Church, but was never enforced due to the Civil War. The Edmunds Act leads to the dismissal of all registration and election officials in the Utah Territory, and a board of five commissioners is appointed to handle territorial elections. The Edmunds Act will not be the last attempt by the US Congress to stop Mormons from practicing polygamy. [Utah History Encyclopedia, 1994; ProCon, 10/19/2010]

Entity Tags: Edmunds Act of 1882, Church of Jesus Christ of Latter-day Saints, US Congress, Morrill Act of 1862

Timeline Tags: Civil Liberties

The Magnuson Act, also known as the Chinese Exclusion Repeal Act of 1943, repeals the Chinese Exclusion Act signed into law in 1882 (see 1882). The act is passed in part to “give face” to the US’s World War II ally, China. Congress agrees to repeal the Exclusion Act and sets a quota of Chinese immigrants who may come to the US annually. It also grants those immigrants the right to become citizens via naturalization. [Library of the University of Washington, Bothell, 12/17/1943 pdf file; Harper's Weekly, 1999; University of Delaware, 2006 pdf file]

Entity Tags: Chinese Exclusion Repeal Act of 1943, US Congress, Chinese Exclusion Act

Timeline Tags: Civil Liberties

Terry Jones.Terry Jones. [Source: ABC News]ABC’s Terry Moran interviews Terry Jones, the pastor of a small church in Gainesville, Florida, who has gained notoriety by publicly announcing his intention to burn a Koran as part of what he has called “International Burn a Koran Day” (see July 12, 2010 and After). Jones says he and his church have conducted demonstrations before against the Islamic religion, which he calls “evil” and a source of worldwide terrorism. His plans, as they now stand, are to burn a Koran on September 11, in commemoration, he says, of those who died during the 9/11 attacks, and to protest “radical Islam” and “Shari’a law.” Such an act is itself “radical,” he admits, but “we feel that a radical message is necessary. We also want to send a message to the moderate Muslim to stay peaceful and moderate. We live in America, we have freedom of speech, freedom of religion, they are more than welcome to be here, worship, build mosques, but we do not want as it appears to be in parts of the world after they gain in numbers in population they begin to push Shari’a law, that type of government. We expect the Muslims that are here in America to respect honor, obey, submit to our Constitution.” Jones says he has no problem burning the holy book of another religion, and cites Scripture which he says justifies the burning of books that are “damaging” and “dangerous” to a Christian society. He denies that the planned burning is a “publicity stunt,” and says he and his church members are “risking our lives” by carrying through with their plans: “We have had over a hundred death threats. Some of them have been very graphic.”
Admits Most Muslims Will Be 'Hurt and Insulted' by Koran Burning - Jones admits that most of the world’s Muslims will be “hurt and insulted” by the Koran-burning, and explains: “Well, when people burn the flag, when they burn the Bible, when they burn down churches, I’m also hurt and insulted. But we feel that this message to that radical element is that important. In fact to a certain extent we would expect moderate Muslims to agree with us. We would expect for them to say the burning of the Koran we don’t agree with, that’s not a message that we agree with. We do not believe that this man, this church, this society should burn our holy book, there is no problem with that. But the message we are trying to send with that even Muslims should agree with. We are trying to send a message to the radical element of Islam. They should also be against that. Because it makes their religion look very, very bad. They should also stand to that and say: ‘Yes, that we agree with. We do not want Shari’a law. We do not want radical fanaticism Islam.’”
'Millions of People ... Agree with Us' - Told by Moran that “millions” of American Christians are “revolted” by his plans to burn a Koran, Jones responds that “there are also millions of people who agree with us.” He cites polls that his church has conducted, and that he says prove between “40 and 60 percent of the population agree with us.… We’ve had several times pastors come here saying: ‘We are in agreement with you, what you are doing is right, or anyway the message that you are wanting to send is right. But we can’t say anything. If we do we will lose our congregation.’ We have people who work for large companies have stopped out front and said, ‘We are in agreement with you but if we say anything we will be fired.’ That is in a country where we supposedly have free speech.”
Holy War? - Asked if his burning of a Koran and his invitation to Christians to join in the burning are not incitements to “holy war,” Jones responds: “If [American Christians] have a problem with the burning of the Koran, that’s fine. I realize the actual burning of the Koran is a radical statement we feel very convinced about it, we plan on doing it, we feel its very necessary. But if Christians were to say that’s too much for us or just normal people, they say the actual burning of the Koran is too much for us, that’s fine. I can absolutely understand that. That is no problem. But they should, all Christians should agree with our message. Our message is that radical Islam is dangerous, let’s keep an eye on it, let’s say no to it. and from a Christian standpoint they have to agree with us. Because according to Christianity, Jesus Christ is the only way. And the Koran does not recognize the resurrection, the virgin birth, that Jesus died for our sins, that he’s the son of God, that he’s God. So from the Christian standpoint they must agree with us.” Jones says that if Jesus Christ were alive today, he would “absolutely” join in the burning of Korans. Moran says the burning of a Koran is “hateful,” and asks if there is not some other way to get his message across. Jones says that radical Islamists must be met by radical acts from those such as himself who oppose them. He says that no Muslim, moderate or radical, should react with violence to any such Koran-burning: “I don’t like it when they burn the Bible. I don’t like it when in Afghanistan when they burn the flag but I also do not serve a god of violence. It doesn’t make me want to kill people. It doesn’t make me want to storm an embassy. It doesn’t make me want to call for the death of the president and that is what we are trying to reveal. Of course its insulting. Of course it’s not a nice thing to do.” The burning would not be an act of “holy war,” he insists.
Concerns from Military Commander - Moran tells Jones that General David Petraeus, the commander of US forces in the Middle East, has expressed his concern about any such Koran-burning (see September 6, 2010), and warned that such an action would jeopardize the lives and safety of US troops in Afghanistan and Iraq; moreover, such an action would be used to recruit Muslims to extremist groups such as al-Qaeda. Jones calls Petraeus’s concerns “valid,” but says to call off the Koran-burning would be “backing down,” and he has no intention of doing so.
Turning the Other Cheek - Moran asks, “Didn’t Jesus say love your enemy and if you’re struck on one cheek, turn the other cheek?” Jones agrees, and says that Christians should follow that principle “90 percent” or “95 percent, 99 percent of the time.” However, this is not one of those times, he says. “[N]ow is not the time to turn the other cheek, now is the time to face challenge.”
Rejection by Fellow Christians - Other Christian churches in Gainesville are conducting services where passages from the Koran are being read, to oppose Jones’s plans and to encourage outreach towards Muslims. Jones calls those actions “an abomination,” and says only the Bible should be read in any Christian church. “[F]or us to read that book from pulpits, that, that is absolutely terrible.… Christianity is not open minded.… And when we do acts like that we have left the Bible, those people are not Christians, those men of God do not represent Jesus Christ.” He acknowledges that his Koran-burning may put fellow Gainesville Christians and others at risk of reprisal, but says the symbolic action is worth the risk.
Problems with Law Enforcement - Jones says he and his church have been repeatedly denied open-burn permits by local officials, in what he says are efforts to prevent him from burning the Koran in the front yard of the church as planned. He calls the denials an abrogation of his First Amendment rights, and compares his actions to the civil disobedience practiced by Dr. Martin Luther King Jr. during the civil rights protests. The FBI and local police will be on hand on September 11 for the burning, he says.
Conclusion - The interview concludes as follows:
bullet Moran: “And as of right now you’re going to go forward and burn Korans on Sept. 11th.”
bullet Jones: “As of right now our plans are to still burn the Koran on Sept. 11th. Yes.”
bullet Moran: “Such a hurtful thing to do to somebody.”
bullet Jones: “It’s an insult. But we feel that the end message is more important than the insult. Of course it’s not a compliment when you burn the bible or the flag or the Muslims’ Koran, obviously not.”
bullet Moran: “It’s sacrireligious, it’s a desecration of what they hold sacred and precious.”
bullet Jones: “To them. Of course to us, the Koran is an evil book, an evil deceptive book.” [Nightline, 9/9/2010]

Entity Tags: Terry Jones (pastor), David Petraeus, Terry Moran, ABC News, Al-Qaeda

Timeline Tags: US Domestic Terrorism

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