Salt Lake evening Democrat. [volume] (Salt Lake City, Utah) 1885-1887, 1886-01-15
THE LAW OF 1862.

Senator Edmunds' new bill raises the
question whether or not the anti-polyg-
amy law of 1862 disincorporated the
Mormon church. On this question there
is considerable controversy. For the
convenience of our readers we publish
that law entire:
Be it enacted by the Senate and House of
Representatives of the United States of
America in Congress assembled, That every
person having husband or wife living, who
shall marry any other person, whether mar
ried or single, in Territory of the United
States, or other place over which the United
States have exclusive jurisdiction, shall, ex-
cept in the cases specified In the proviso to
this section, be adjudged guilty of bigamy,
and, upon conviction therefor, shall be pun
ished by fine not exceeding five hundred
dollars, and by imprisonment for term not
exceeding five years: Provided, nevertheless,
That this section shall not extend to any
person by reason of any former marriage
whose husband or wife by such marriage
shall have been absent for five successive
years without being known to such person
within that time to be living; nor to any
person by reason of any former marriage
which shall have been dissolved by the de-
cree of competent court; nor to any person
by reason of any former marriage which
shall have been annUlled or pronounced void
by the sentence or decree of competent
court on the ground of the nullity of the
marriage contract
SEQ. 2. Aqld be it further enacted, That
the following ordinance of the provisional
government of the State of Deseret, SO
called, namely: "An ordinance incorporat-
ing the Church of Jesus Christ of Latter
day Saints,' passed February eight, in the
year eighteen hundred and ffty-one, and
adopted, re-enacted, and made valid by the
Governor and Legislative Assembly of the
Territory of Utah by an act passed January
nineteen, In the year eighteen hundred and
fifty-fve, entitled, San act in relation to the
compilation and revision of the laws and
resolutions in force in Utah Territory, their
publication, and distribution" and all other
acts and parts of acts heretofore passed
by the said Legislative Assembly of the
Territory of Utah, which establish, support,
maintain, shield or countenance polygamy,
be, and the same hereby are, disapproved
and annulled: Provided, That this act shall
be SO limited and construed as not to affect
or interfere with the right of property legally
acquired under tine ordinance heretofore
mentioned, nor with the right to worship
God according to the dictates of conscience"
but only to annul all acts and laws which
establish, maintain, protect, or countenance
spiritual marriage, however disguised by
legal or ecclesiastical solemnities, sacra-
ments, ceremonies, CONSIDERATIONS, or other
contrivances.
Sec. 3. And be it further enacted, That it
shall not be lawful for any corporation or
association for religious or charitable pur-
poses to acquire or hold real estate in any
Territory of the United States during the
existence of the Territorial Government of
a greater value than fifty thousand dollars;
and all real estate acquired or held by any
such corporation or association contrary to
the provisions of this Act shall be forfeited
and escheat to the United States: Provided,
That existing vested rights in real estate
shall not be impaired by the provisions of
this section. Approved July 1, 1862.
The only part of this Act upon which
any doubt arises as to whether it disin
corporated the Church of Jesus Christ of
Latter-day Saints is the provision in the
second section. 1t is clear that Senator
Edmunds is of opinion that il does not,
although it has been held by the Third
District Court that it did There is room
for controversy and no doubt the church
will fight this new bill, if it shall become
law, to the bitter end, and it is likely that
the trustees who may be appointed to
take charge of and manage the church
property will have to wait several years
before the question is finally decided in
the Supreme Court of the United States.
On mere reading of the law of 1862, and
without thorough examination of the
authorities, we should say there is no
Church of Jesus Christ of Latter-day
Saints known to the law.