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Show For Governor UTAH TERRITORY, Samuel A. Merritt. THE LAW OF 1862. Senator Edmunds' new bill raises the question whether or not the anti-polygamy law of 18G2 disincorporated the Mormon church. On this question there i3 considerable controversy-. For the i convenience of our readers we publish j that law entire : ! Beit enacted by the Senate and House of Ilepresentatives of the United States of America in Congress assembled. That every j person having a husband or wife living, who j shall marry any other person, whether mar- :' ried or single, in a Territory of the United ! States, or other place over which the United States have exclusive jurisdiction, shall, except ex-cept in the oases specified in the proviso to . this section, be adjudged guilty Of bigamy, and, upon conviction therefor, shall be punished pun-ished by a fine not exceeding five hundred dollars, and by imprisonment for a term not exceeding five years: Provided, nevertheless, I That this section shall not extend to any person by reason .of any former marriage whose husband or wife by each marriage j shall have been absent for five successive ? years without being known to such person ; within that time to be living; nor to any 1 person by reason of any former marriage which shall have been dissolved by the de-' de-' cree of a competent court; nor to any person by reason of any former marriage which shall have been annul led or pronounced void ; by the sentenoe or decree of a competent court on the ground of the nullity of the marriage contract. ISbo. 2. And be it further enacted. That the following ordinance of the provisional government of the State of Deseret, so t called, namely: "An ordinance in corpora t- - ing the Churoh of Jesus Christ of Latter- day Saints," passed February eight, in the year eighteen hundred and fifty-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-five, entitled, "An 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 j and annulled: Provided, That this act shall I be so limited and construed as not to affect or interfere with the right of property legally acquired under the ordinanoe heretofore mentioned, nor with the right to "worship God aocording to the dictates of conscience, but only to annul all acts and laws which establish, maintain, protect, or countenance the praotice of polygamy, evasively called spiritual marriage, however disguised by legal or ecclesiastical solemnities, sacra ments, ceremonies, consecrations, or otner 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 I, . Territory of the United States during the , f 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 esoheat 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. iThe only part of this Act upon which any doubt arises as to whether it disincorporated disin-corporated the Church of Jesus Christ of Latter-day Saints is the provision in the second section. It is clear that Senator i Edmunds is of opinion that it does not, although it has been held by the Third I District Court that it did. There is room I for controversy and no doubt the church will fight this new bill, if it shall become j law, to the bitter end, and it is likely that the trustees who may be appointed to I take charge of and manage the church property will have to wait several years j before the question is. finally decided in j the Supreme Court of the United States. ; On a mere reading of the law of 1862, and without a thorough examination of the 1 1 authorities, we should Bay there is no i ; " Church of Jesus Christ of Latter-day I Saints known to the law. |