Late Corp. of the Church of Jesus Christ of Latter-Day Saints v. United States
Supreme Court of the United States
On behalf of the court Mr/ Justice Bradley stated the case as follows:1 The church of the Mormons, or, as they call themselves, the Church of Latter-Day Saints, was first organized as a corporation under an act of assembly of the provisional government which they set up in Utah under the name of the State of Deseret. The act was dated February 8, 1851, and was in the usual form of acts of incorporation.
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On behalf of the court Mr/ Justice Bradley stated the case as follows:1 The church of the Mormons, or, as they call themselves, the Church of Latter-Day Saints, was first organized as a corporation under an act of assembly of the provisional government which they set up in Utah under the name of the State of Deseret. The act was dated February 8, 1851, and was in the usual form of acts of incorporation. The title and first three sections were as follows: “An ordinance incorporating the Church of Jesus Christ of Latter-Day Saints. “ Seo. 1. Be it ordained by the General Assembly of the State…
1Opinion of the Court
Mr. Justice Bradley,
after stating the case, delivered the ■opinion of the court.
The principal questions raised are, first, as to the power of Congress to repeal the charter of the Church of Jesus Christ of' Latter-Day Saints; and, secondly, as to the power of Congress and the courts to seize the property of said corporation and to hold the same for the purposes mentioned in the' decree.
The power of Congress over the Territories of .the United. States is general'and plenary, arising from and incidental to the right to acquire the Territory itself, and from the power given by the" Constitution…
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