The Late Corporation of the Church of Jesus Christ of Latter-day Saints v. United States
Encyclopedia
The Late Corporation of the Church of Jesus Christ of Latter-Day Saints v. United States, was a Supreme Court
case that upheld the Edmunds-Tucker Act
on May 19, 1890. Among other things, the act disincorporated The Church of Jesus Christ of Latter-day Saints (LDS Church).
Chief Justice Fuller
's dissent asserted that though Congress has the power to criminalize polygamy
, "it is not authorized under the cover of that power to seize and confiscate the property of persons, individuals, or corporations, without office found, because they may have been guilty of criminal practices."
The ruling in Late Corporation would have directed federal escheat
of substantially all the property of the legally disincorporated LDS Church, which was estimated at $3 million. Following the decision, the U.S. Attorney
for Utah Territory
reported seizing only $381,812 in assets. Real property
, including LDS temples
, was never seized although the ruling authorized it. 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."
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
case that upheld the Edmunds-Tucker Act
Edmunds-Tucker Act
The Edmunds–Tucker Act of 1887 was passed in response to the dispute between the United States Congress and The Church of Jesus Christ of Latter-day Saints regarding polygamy. The act is found in US Code Title 48 & 1461, full text as 24 Stat. 635, with this annotation to be interpreted as Volume...
on May 19, 1890. Among other things, the act disincorporated The Church of Jesus Christ of Latter-day Saints (LDS Church).
Chief Justice Fuller
Melville Fuller
Melville Weston Fuller was the eighth Chief Justice of the United States between 1888 and 1910.-Early life and education:...
's dissent asserted that though Congress has the power to criminalize polygamy
Polygamy
Polygamy is a marriage which includes more than two partners...
, "it is not authorized under the cover of that power to seize and confiscate the property of persons, individuals, or corporations, without office found, because they may have been guilty of criminal practices."
The ruling in Late Corporation would have directed federal escheat
Escheat
Escheat is a common law doctrine which transfers the property of a person who dies without heirs to the crown or state. It serves to ensure that property is not left in limbo without recognised ownership...
of substantially all the property of the legally disincorporated LDS Church, which was estimated at $3 million. Following the decision, the U.S. Attorney
United States Attorney
United States Attorneys represent the United States federal government in United States district court and United States court of appeals. There are 93 U.S. Attorneys stationed throughout the United States, Puerto Rico, the U.S. Virgin Islands, Guam, and the Northern Mariana Islands...
for Utah Territory
Utah Territory
The Territory of Utah was an organized incorporated territory of the United States that existed from September 9, 1850, until January 4, 1896, when the final extent of the territory was admitted to the Union as the State of Utah....
reported seizing only $381,812 in assets. Real property
Real property
In English Common Law, real property, real estate, realty, or immovable property is any subset of land that has been legally defined and the improvements to it made by human efforts: any buildings, machinery, wells, dams, ponds, mines, canals, roads, various property rights, and so forth...
, including LDS temples
Temple (LDS Church)
In The Church of Jesus Christ of Latter-day Saints , a temple is a building dedicated to be a House of the Lord, and they are considered by Church members to be the most sacred structures on earth. Upon completion, temples are usually open to the public for a short period of time...
, was never seized although the ruling authorized it. Within five months, the LDS Church officially discontinued the practice of plural marriage with the 1890 Manifesto
1890 Manifesto
The "1890 Manifesto", sometimes simply called "The Manifesto", is a statement which officially disavowed the continuing practice of plural marriage in The Church of Jesus Christ of Latter-day Saints...
. 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."
See also
- Morrill Anti-Bigamy ActMorrill Anti-Bigamy ActThe Morrill Anti-Bigamy Act was a federal enactment of the United States Congress that was signed into law on July 8, 1862 by President Abraham Lincoln...
(1862) - Poland ActPoland ActThe Poland Act of 1874 was an act of the United States Congress which sought to facilitate prosecutions under the Morrill Anti-Bigamy Act by eliminating the control members of The Church of Jesus Christ of Latter-day Saints exerted over the justice system of Utah Territory. Sponsored by Senator...
(1874) - Reynolds v. United StatesReynolds v. United StatesReynolds v. United States, , was a Supreme Court of the United States case that held that religious duty was not a suitable defense to a criminal indictment...
(1879) - Edmunds ActEdmunds ActThe Edmunds Act, also known as the Edmunds Anti-Polygamy Act of 1882, is a United States federal statute, signed into law on March 23, 1882, declaring polygamy a felony. The act is named for U.S. Senator George F. Edmunds of Vermont...
(1882) - Edmunds-Tucker ActEdmunds-Tucker ActThe Edmunds–Tucker Act of 1887 was passed in response to the dispute between the United States Congress and The Church of Jesus Christ of Latter-day Saints regarding polygamy. The act is found in US Code Title 48 & 1461, full text as 24 Stat. 635, with this annotation to be interpreted as Volume...
(1887) - 1890 Manifesto1890 ManifestoThe "1890 Manifesto", sometimes simply called "The Manifesto", is a statement which officially disavowed the continuing practice of plural marriage in The Church of Jesus Christ of Latter-day Saints...
- Smoot HearingsSmoot HearingsThe Reed Smoot hearings were a series of Congressional hearings on whether the United States Senate should seat U.S. Senator Reed Smoot, who was elected by the Utah legislature in 1903...
(1903–1907) - Second ManifestoSecond ManifestoThe "Second Manifesto" was a 1904 declaration made by Joseph F. Smith, the president of The Church of Jesus Christ of Latter-day Saints , in which Smith stated the church was no longer sanctioning marriages that violated the laws of the land and set down the principle that those entering into or...
(1904) - History of civil marriage in the U.S.History of civil marriage in the U.S.Many laws in the history of the United States have addressed marriage and the rights of married people. Common themes addressed by these laws include polygamy, interracial marriage, divorce, and same-sex marriage.-1800–1899:...
- List of United States Supreme Court cases, volume 136