Davis v. Beason

133 U.S. 333 (1890)

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Nature of the Case

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Facts

Davis (P) was indicted for a conspiracy to unlawfully pervert and obstruct the due administration of the laws of the Territory. P appeared before a registrar of the election precincts in which P took an oath that in part stated he was not a bigamist or polygamist; and was not a member of any order, organization or association which teaches, advises, counsels or encourages its members, devotees or any other person to commit the crime of bigamy or polygamy, or any other crime defined by law, as a duty arising or resulting from membership in such order, organization or association, or which practices bigamy, polygamy or plural or celestial marriage as a doctrinal rite of such organization; that I do not and will not, publicly or privately, or in any manner whatever teach, advise, counsel or encourage any person to commit the crime of bigamy or polygamy, or any other crime defined by law, either as a religious duty or otherwise; that he did regard the Constitution of the United States and the laws thereof and the laws of this Territory, as interpreted by the courts, as the supreme laws of the land, the teachings of any order, organization or association to the contrary notwithstanding. P was a member of the Church of Jesus Christ of Latter-Day Saints, commonly known as the Mormon Church and everything he swore about bigamy was a lie. P demurred to the indictment, and the demurrer was overruled. The jury found P guilty as charged and a fine of $500, and in default of its payment to be confined in the county jail of Oneida County for a term not exceeding 250 days. P applied for a writ of habeas corpus claiming that the oath was a violation of the First Amendment and void. The Supreme Court granted certiorari.