jul 8, 1862 - Morrill Anti-Bigamy Act
Description:
A federal enactment of the 37th United States Congress that was signed into law by President Abraham Lincoln. Sponsored by Justin Smith Morrill of Vermont, the act banned bigamy in federal territories such as Utah and limited church and non-profit ownership in any territory of the United States to $50,000.
The act targeted the Mormon practice of plural marriage and the property dominance of The Church of Jesus Christ of Latter-day Saints (LDS Church) in the Utah Territory. The measure had no funds allocated for enforcement, and Lincoln chose not to enforce this law; instead Lincoln gave Brigham Young (then LDS president) tacit permission to ignore the Morrill Act in exchange for not becoming involved with the Civil War. General Patrick Edward Connor, commanding officer of the federal forces garrisoned at Fort Douglas, Utah beginning in 1862, was explicitly instructed not to confront the Mormons over this or any other issue.
The Morrill Anti-Bigamy Act was amended in 1882 by the Edmunds Act, and then again in 1887 by the Edmunds–Tucker Act.
Mormons who practiced polygamy in Utah, for the most part, resisted the Morrill law and the territorial governor. During the 1868 election, Grant had mentioned he would enforce the law against polygamy. Tensions began as early as 1870, when Mormons in Ogden, Utah began to arm themselves and practice military drilling. By the Fourth of July, 1871 Mormon militia in Salt Lake City, Utah were on the verge of fighting territorial troops; however, more level heads prevailed and violence was averted. Grant, however, who believed Utah was in a state of rebellion was determined to arrest those who practiced polygamy outlawed under the Morrill Act. In October 1871 hundreds of Mormons were rounded up by U.S. marshals, put in a prison camp, arrested, and put on trial for polygamy. One convicted polygamist received a $500 fine and 3 years in prison under hard labor. On November 20, 1871, Mormon leader Brigham Young, in ill health, had been charged with polygamy. Young's attorney stated that Young had no intention to flee the court. Other persons during the polygamy shut down were charged with murder or intent to kill. The Morrill Act, however, proved hard to enforce since proof of marriage was required for conviction. On December 4, 1871, Grant stated that polygamists in Utah were "a remnant of barbarism, repugnant to civilization, to decency, and to the laws of the United States."
Enforcement of these acts started in July 1887. The issue went to the Supreme Court in the case Late Corp. of the Church of Jesus Christ of Latter-Day Saints v. United States that upheld the Edmunds–Tucker Act on May 19, 1890. Among other things, the act disincorporated the LDS Church. Within five months, the LDS Church officially discontinued the practice of plural marriage with the 1890 Manifesto. On October 25, 1893, a congressional resolution authorized the release of assets seized from the LDS Church because, "said church has discontinued the practice of polygamy and no longer encourages or gives countenance to any manner of practices in violation of law, or contrary to good morals or public policy."
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History of Leadership In The States
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