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| Long title | A bill to punish and prevent the Practice of Polygamy in the Territories of the United States and other Places, and disapproving and annulling certain Acts of the Legislative Assembly of the Territory of Utah. |
|---|---|
| Nicknames | Morrill Anti-Bigamy Act of 1862 |
| Enacted by | the37th United States Congress |
| Effective | July 1, 1862 |
| Citations | |
| Public law | Pub. L. 37–126 |
| Statutes at Large | 12 Stat. 501 |
| Legislative history | |
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| Mormonism and polygamy |
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TheMorrill Anti-Bigamy Act (37th United States Congress, Sess. 2., ch. 126, 12 Stat. 501) was a federal enactment of theUnited States Congress that was signed into law on July 1, 1862, by PresidentAbraham Lincoln. Sponsored byJustin Smith Morrill ofVermont, the act bannedbigamy in federal territories such asUtah and limited church and non-profit ownership in any territory of the United States to $50,000.[1]
The act targeted theMormon practice ofplural marriage and the property dominance ofthe Church of Jesus Christ of Latter-day Saints (LDS Church) in theUtah Territory. The measure had no funds allocated for enforcement, and Lincoln chose not to enforce this law; instead Lincoln gaveBrigham Young tacit permission to ignore the Morrill Act in exchange for not becoming involved with theCivil War.[2] GeneralPatrick Edward Connor, commanding officer of the federal forces garrisoned atFort Douglas, Utah beginning in 1862, was explicitly instructed not to confront the Mormons over this or any other issue.[2]
The Morrill Anti-Bigamy Act was amended in 1882 by theEdmunds Act, and then again in 1887 by theEdmunds–Tucker Act.
Enforcement of these acts started in July 1887. The issue went to theSupreme Court in the caseLate Corp. of the Church of Jesus Christ of Latter-Day Saints v. United States that upheld theEdmunds–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 the1890 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]
The enforcement of the acts led to prosecution of many Latter-day Saints in Utah Territory. Following the passage of the Edmunds Act, bigamy or plural marriage was a crime punishable by 6 months in prison and a fine of $300.[4] Many Latter-day Saints engaged in plural marriage were forced into hiding to avoid prosecution.[4]
In 1890, the Church of Jesus Christ of Latter-day Saints issued a statement known as the1890 Manifesto. The Manifesto declared that the Church would no longer teach the practice of plural marriage, and that no members would be allowed to enter into new plural marriages.[5]
Having signed the Morrill Act, Lincoln reportedly compared the Mormon Church to a log he had encountered as a farmer that was "too hard to split, too wet to burn and too heavy to move, so we plow around it. That's what I intend to do with the Mormons. You go back and tell Brigham Young that if he will let me alone, I will let him alone."
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