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Late Corp. of the Church of Jesus Christ of Latter-Day Saints v. United States

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The Late Corporation of the Church of Jesus Christ of Latter-Day Saints v. United States
Supreme Court of the United States
Argued January 16–18, 1889
Decided May 19, 1890
Full case nameThe Late Corporation of the Church of Jesus Christ of Latter-Day Saints et al. v. United States; Romney et al. v. United States
Citations136 U.S. 1 (more)
10 S. Ct. 792; 34 L. Ed. 478; 1890 U.S. LEXIS 2199
Case history
PriorEdmunds-Tucker Act provisions authorizing disincorporation of LDS Church upheld in U.S. v. Church of Jesus Christ of Latter-Day Saints. 5 Utah 361, 15 P. 473 (Utah.Terr. 1887). Appeal from the Supreme Court of the Utah Territory
Holding
Congress has supreme authority over territories, including power to dissolve the LDS Church's corporation and seize its property. Under parens patriae principles, Congress may redirect assets to charitable purposes within Utah Territory. Property was properly not transferred to church members because they were using it to further the outlawed practice of polygamy.
Court membership
Chief Justice
Melville Fuller
Associate Justices
Samuel F. Miller · Stephen J. Field
Joseph P. Bradley · John M. Harlan
Horace Gray · Samuel Blatchford
Lucius Q. C. Lamar II · David J. Brewer
Case opinions
MajorityBradley, joined by Miller, Harlan, Gray, Blatchford, Brewer
DissentFuller, joined by Lamar, Field
Laws applied
U.S. Const. amend. I; Edmunds-Tucker Act
Mormonism and polygamy
Portrait of five caucasian Latter-day Saints, married to each other in nineteenth-century Latter-day Saint polygamy, against the backdrop of what may be a hedge. All seem to be posing; none face the camera. Leftmost is a woman, seated, her hair done in a high, braided bun, wearing a dress with buttons down the middle; in her hands are an open book. Center-left, standing furthest to the back (though still very much with the portraited group) is a woman, her hair done up but resting low, in a polka-dotted top and a scarf or ascot around her neck and a skirt. She carries a hat, held to her waist. Center is a woman, sort of kneeling or seated (perhaps there is an unseen stool she's sitting on?). She wears a white dress, her hair is done up in a high and large bun and she wears a headband. In her right arm she holds a hat, over her knees; her left arm rests on the lap of the man sitting center right. She may be leaning against his legs. Center-right is a man, wearing a suit jacket of some kind and a high-collared shirt. He is balded and bearded. His left hand is placed over the left arm of the center woman. Rightmost is a woman, her hair done up but resting low, sitting in a visibly wooden (likely handcrafted) chair. She wears a dress with buttons going down the middle. She holds a hat, which looks very like center's hat, over her knees.
A Mormon "Saint" and Wives by Charles Weitfle (c. 1878–1885)
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Antipolygamy laws
Morrill Anti-Bigamy Act • Poland Act • Edmunds Act • Edmunds–Tucker Act
Case law
Reynolds v. US • Cannon v. US • Clawson v. US • Davis v. Beason • Late Corp. of the LDS Church v. US • Cleveland v. US • Brown v. Buhman • List of polygamy court cases
Related articles
Celestial marriage • Freedom of religion in the US • Legal status of polygamy • List of practitioners  • Polygamy czar • Polygamy in Christianity • Polygamy in North America • Timeline of civil marriage in the United States
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The Late Corporation of the Church of Jesus Christ of Latter-Day Saints v. United States, 136 U.S. 1 (1890), 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).

The LDS Church was represented by its chief counsel Franklin S. Richards and former congressman James Broadhead.[1]

Decision

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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 The Utah Territory reported seizing only $381,812 in assets.[2] 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."[3]

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."[4]

See also

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References

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  1. ^ Rothera, Evan (March 2016). "The Tenacious "Twin Relic": Republicans, Polygamy, and The Late Corporation of the Church of Jesus Christ of Latter-Day Saints v. United States". Journal of Supreme Court History. 41: 21–38. doi:10.1111/jsch.12091. S2CID 148549941.
  2. ^ Paul G. Kauper & Stephen C. Ellis, "Religious Corporations and the Law," 71 Mich. L. Rev. (1972–1973), 1499, 1517. This figure includes seized stock and cash in bank accounts as well as $10,000 "credits due on sheep."
  3. ^ Jt. Res 11., 53d Cong., 1st Sess., 28 Stat. 980
  4. ^ 136 U.S. 67 (1890)

Further reading

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