Posted by:
Lost
(
)
Date: August 13, 2011 06:25PM
This requires some research and some logical application.
Marriage in the 1830-1890's was performed according to state law and was defined as being between a man and a woman.
Each state had anti bigamy laws. An example is one I found for Illinois from 1833 as follows:
"Sec 121. Bigamy consists in the having of two wives or two husbands at one and the same time, knowing that the former husband or wife is still alive. If any person or persons within this State, being married, or who shall hereafter marry, do at any time marry any person or persons, the former husband or wife being alive, the person so offending shall, on conviction thereof, be punished by a fine, not exceeding one thousand dollars, and imprisoned in the penitentiary, not exceeding two years. It shall not be necessary to prove either of the said marriages by the register or certificate thereof, or other record evidence; but the same may be proved by such evidence as is admissible to prove a marriage in other cases, and when such second marriage shall have taken place without this state, cohabitation in this state after such second marriage shall be deemed the commission of the crime of bigamy, and the trial in such case may take place in the county where such cohabitation shall have occurred." Revised Laws of Illinois, 1833, p.198-99
This is signifcant for this discussion, because Joseph Smith had most of his 30+ marriages in Illinois between 1833-1843, with the bulk of them occuring between 1839-1843. Other members of mormon faith were also engaging in this illegal action during this time period in Illinois as well.
All the married Mormons who emigrated to Utah in 1847 had been married under the civil laws of their respective states; each one of those states had laws against bigamy, thus making monogamy the common law.
How then, is plural marriage (and its acts of bigamy, polygamy and polandry) legal and justified when it is and always has been, illegal in Illinois under the above 1833 law that was still in force at that time?
When Mormons left Illinois and went to Utah in 1847, all married Mormons at that time had been married under laws of the states they had come from. Utah became U.S. territory in 1848 after the Mexican War, and thus all citizens living therein became subject to the common laws of the nation, including marriage laws. (To use an analogy, you get your drivers' license from your state, but it is recognized as being legal in all the states. Marriage licenses are similar.) Marriages were not legal in the Utah territory until Utah became a state, and certainly not after 1848. So if prior to 1848 you were legally married, you were married under Mexican law. Unless of course you were married somewhere else in the US, which made you subject to that state's marriage laws.
Once in Utah in 1848-49, Young attempted to establish the "Territory of Deseret," and operate the area as a theocracy, under the "Law of the Lord," which included plural marriage and blood atonement. However, Congress rejected Young's attempt, and in 1850, the area was officially established as Utah Territory, with territorial overseers appointed from Washington D.C.. President Millard Fillmore appointed Young as governor. Thus, polygamy became specifically illegal under U. S. common laws in 1850; but, since polygamy was also illegal under Mexican laws beforehand, there was never a time when polygamy was legal in Utah. PERIOD.
The 1862 Morrill Act was not the first law which made bigamy illegal; it was merely the first law which specifically reinforced existing state anti-bigamy laws in a non-state territory. It was enacted specifically to close the "loophole" that the Mormons mistakenly believed they were operating under.
So even after the passage of the 1862 Morrill Act, the Mormon Church continued to practice polygamy in violation of the law for another half-century, and repeatedly challenged those laws.
So anyone who argues that "The Mormons stopped practicing polygamy when it was made illegal" are either misinformed or misrepresenting the truth. IT HAS ALWAYS BEEN ILLEGAL!!!
The final nail in the coffin which demonstrates polygamy's and bigamy's illegality was when Ann Eliza Webb filed for "divorce" from Brigham Young and sued him for alimony in 1877. Young successfully argued that their relationship was "an ecclesiastical affair, not a legal one," and the judge rightly ruled that since there was never any legal marriage, Webb could not file for divorce nor seek alimony.
Sorry Mormons, you can't have it both ways. If Brigham Young was living with this woman, Ann Eliza Webb, and the marriage wasn't LEGAL, then it was ILLEGAL, and Brigham Young was guilty of Bigamy. Very simple, isn't it? So Brighma Young was a felon, too!
Worse, since Young himself admitted that his own "plural marriages" were not legal marriages, that means that no other Mormon "plural marriage" at any time was a legal marriage either. No legal marriage licenses were ever applied for nor granted, and every single child born of Mormon "plural marriages" was illegitimate - i.e. not born in a legal marriage.
So every mormon practicing plural marriage was guilty of a felony. Yikes!
It is clear following this logic that mormons have a very big problem.
They are supposed to follow the law of the land, yet God (through Joseph Smith) gives them the law of plural marriage,
which defies current and standing laws governing bigamy, polygamy and polandry (all of which were felonies)
which have always been in force (1833-1890)+
Which makes plural marriage ILLEGAL. AND IT ALWAYS HAS BEEN.
So how can Joseph Smith be a prophet of God if he is committing felonies?
And how can the Mormon church be true if this is the case?
Answer: It can't be.