this would be to make the professed doctrines of religious belief superior to the law of the land, and in effect to permit every citizen to become a law unto himself. Government could exist only in name under such circumstances." The Court ruled the First Amendment forbade Congress from legislating against opinion, but allowed it to legislate against action. Other arguments Reynolds argued that the grand jury that had indicted him was not legal. United States law at that time required that a grand jury consist of no fewer than 16 persons. The grand jury that indicted Reynolds had only 15 persons. The court rejected this argument because the Utah Territory had passed a law in 1870 under which a grand jury had to consist of only 15 persons. During his original trial, Reynolds had challenged two jurors, both of whom stated that they had formed an opinion on the guilt or innocence of Reynolds before the trial. The court held that universal education and press reports made it hard to find jurors who had not formed some opinion. It found that Reynolds had failed to meet the requirement that he, as challenger of a juror's objectivity, demonstrate that a juror had developed a real and strong opinion. The prosecution had discharged two potential jurors who refused to say whether or not they were living in polygamy. The Court held that it would not overturn a case based on the legality of challenges to dismissed jurors. The Court held that evidence Amelia Jane Schofield, Reynold's second wife, gave during an earlier trial of Reynolds for the same offense but under a different indictment was admissible. Schofield could not be found during the second trial and so evidence from the previous trial was used. The Court held that "if a witness is kept away by the adverse party, his testimony, taken on a former trial between the same parties upon the same issues, may be given in evidence". The court held that Reynolds had every opportunity under oath to reveal the whereabouts of Schofield. This was the one point on which Justice Field dissented, finding that the evidence should not have been allowed. Reynolds had argued that the jury had been improperly instructed by the judge when he told them that they "should consider what are to be the consequences to the innocent victims of this delusion". Reynolds argued that this