Defense of the Faith and the Saints (Volume 1 of 2)

by B. H. Roberts

The foregoing, then, was the compact between the State of Utah and the United States. The question now is, Has it been violated by the State of Utah or by the United States. Certainly not by the latter; and I affirm, with absolute confidence that the affirmation cannot be successfully contradicted, that the compact has not been violated by the State, or the people of Utah. On the contrary, I hold that the compact, such as it was, has been absolutely fulfilled. In this opinion I am sustained by the views of a very distinguished member of the House of Representatives, who discussed the subject somewhat at length on the floor of the House when the Roberts case was considered by that body. It was urged in the report of the special committee which investigated the right of the Representative from Utah to his seat in the House, that "his election as a Representative is an explicit and offensive violation of the 'understanding' by which Utah was admitted as a state."

This "understanding" and the "compact" were discussed on the floor of the House by Representative Littlefield (of Maine) in the following language:

"I would like to enquire of the majority where they find the authority for the proposition that the United States government can go into the question of an 'understanding' that existed before a State was admitted into this Union, and then, having found it, exercise this domiciliary, supervisory, disciplinary power over the State. Where does it exist? What is it indicated by? Is it oral? They do not undertake to suggest it is in the Enabling act, although they refer to it. But is it an oral 'understanding' that exists between the States and the general government by reason of this 'general welfare' power? I assume that they invoke it under this 'general welfare' proposition. Think of it! an 'understanding' which is based on—what? A compact or a contract? I had supposed it was too late at this stage of the history of the republic, in these times of peace, to invoke the proposition of a contract existing between the States and the general government. I knew that the theory of a contract was the parent of the infamous heresy, and I have believed that it was wiped out in blood from 1861 to 1865. More than five hundred thousand of the best, truest, most heroic and bravest men that ever met on the field of battle—the blue and the grey, brethren all—rendered up their lives that that infamous proposition should be blotted out, and blotted out forever. Let the dead past bury its dead. I submit that under these circumstances it ill becomes this House to undertake, in the interest if you please of civilization, to invoke anew the proposition of a contract existing between a State and the United States."

Discussing the question of "compact" further, Mr. Littlefield said:

"Compact is synonymous with contract. The idea of a compact or contract is not predicable upon the relations that exist between the State and the general government. They do not stand in the position of contracting parties. The condition upon which Utah was to become a State was fully performed when she became a State. The Enabling act authorized the President to determine when the condition was performed. He discharged that duty, found that the condition was complied with, and that condition no longer exists.

"What did Congress require by the Enabling act? Simply that 'said convention shall provide by ordinance irrevocable,' etc., and the convention did in terms what it was required to do. It was a condition upon the performance of which by the convention the admission of Utah depended. Its purpose accomplished, its office is gone, and as a condition it ceases to exist. No power was reserved in the Enabling act, nor can any be found in the Constitution of the United States, authorizing Congress, not to say the House of Representatives alone, to discipline the people in or the State of Utah, because the crime of polygamy or unlawful cohabitation has not been exterminated in Utah. Where is the warrant to be found for the exercise of this disciplinary, supervisory power. This theory is apparently evolved for the purposes of this case, is entirely without precedent, and has not even the conjecture or dream of any writer to stand upon."

With Mr. Littlefield, then, I say, that so far from the compact between Utah and the United States having been violated, it has been fulfilled. Utah has made no effort to repeal the Constitutional provision forever prohibiting polygamous or plural marriages. On the contrary, her State Legislature has even re-enacted the part of the old Congressional and Territorial law that had been ignored by the Constitutional convention, defining and punishing polygamous living—that is, "unlawful cohabitation."

OF THE MORMON CHURCH BEING A MONARCHY.

Passing from the matter of the compact which the speech to which I am replying falsely charges over and over again that we have violated, I come to the accusation and false charges made against the Mormon Church.

Whoever constructed this speech made the central idea of it, the existence of a "monarchy" and a "monarch" in the State of Utah. The "monarchy" is the Mormon Church; the "monarch" is the President of that Church. In order that you may know I am not mistaken, I shall read to you a quotation from the speech on this point:

"Under these several men (the Church Presidents) the social autocracy has had its varying fortunes, but at the present time it is probably at as high a point as it ever reached under the original Joseph or under Brigham Young. * * * I want you to know that this religion, claiming to recognize and secure the equality of men immediately established and has maintained for the mass of its adherents that social equality, but has elevated a class of its rulers to regal authority and splendor * * * the chief among them has the dignity of a monarch. * * * In all this social system each Apostle has his great part. He is inseparable from it. He wields now, as does the minister at court, such part of power as the monarch may permit him to enjoy, and it is his hope and expectation that he will outlive those who are his seniors in rank in order that he may become the ruler."