On June 11, 1906, a majority of the committee made a report to the Senate recommending that Apostle Smoot was not entitled to his seat in the Senate. They found that he was one of a "self-perpetuating body of fifteen men, uniting in themselves authority in both Church and state," who "so exercise this authority as to encourage a belief in polygamy as a divine institution, and by both precept and example encourage among their followers the practice of polygamy and polygamous cohabitation;" that the Church authorities had "endeavored to suppress, and succeed in suppressing, a great deal of testimony by which the fact of plural marriages contracted by those who were high in the councils of the Church might have been established beyond the shadow of a doubt;" and that "aside from this it was shown by the testimony that a majority of those who give law to the Mormon Church are now, and have been for years, living in open, notorious and shameless polygamous cohabitation." Concerning President Woodruff's anti-polygamy manifesto of 1890, the majority of the committee reported that "this manifesto in no way declares the principle of polygamy to be wrong or abrogates it as a doctrine of the Mormon Church, but simply suspends the practice of polygamy to be resumed at some more convenient season, either with or without another revelation." They found that Apostle Smoot was responsible for the conduct of the organization to which he belonged; that he had countenanced and encouraged polygamy "by repeated acts and in a number of instances, as a member of the quorum of the twelve apostles;" and that he was "no more entitled to a seat in the Senate than he would be if he were associating in polygamous cohabitation with a plurality of wives."
The report continued: "The First Presidency and the twelve apostles exercise a controlling influence over the action of the members of the Church in secular affairs as well as in spiritual matters;" and "contrary to the principles of the common law under which we live, and the constitution of the State of Utah, the First Presidency and twelve apostles dominate the affairs of the State and constantly interfere in the performance of its functions.... But it is in political affairs that the domination of the First Presidency and the twelve apostles is most efficacious and most injurious to the interests of the State.... Notwithstanding the plain provision of the constitution of Utah, the proof offered on the investigation demonstrates beyond the possibility of doubt that the hierarchy at the head of the Mormon Church has, for years past, formed a perfect union between the Mormon Church and the State of Utah, and that the Church, through its head, dominates the affairs of the State in things both great and small." And the report concluded: "The said Reed Smoot comes here, not as the accredited representative of the State of Utah in the Senate of the United States, but as the choice of the hierarchy which controls the Church and has usurped the functions of the State in Utah. It follows, as a necessary conclusion from these facts, that Mr. Smoot is not entitled to a seat in the Senate as a Senator from the State of Utah."
On the same day a minority report was presented by Senators J. B. Foraker, Albert J. Beveridge, Wm. P. Dillingbam, A. J. Hopkins and P. C. Knox. They found that Reed Smoot possessed "all the qualifications prescribed by the Constitution to make him eligible to a seat in the Senate;" that "the regularity of his election" by the Utah legislature had not been questioned; that his private character was "irreproachable;" and that "so far as mere belief and membership in the Mormon Church are concerned, he is fully within his rights and privileges under the guaranty of religious freedom given by the Constitution of the United States." Having thus summarily excluded all the large and troublesome points of the investigation, these Senators decided that there remained "but two grounds on which the right or title of Reed Smoot to his seat in the Senate" was contested. The first was whether he had taken a certain "endowment oath" by which "he obligated himself to make his allegiance to the Church paramount to his allegiance to the United States;" and the second was whether "by reason of his official relation to the Church" he was "responsible for polygamous cohabitation" among the Mormons.
As to the first charge, the minority found that the testimony upon the point was "limited in amount, vague and indefinite in character and utterly unreliable, because of the disreputable character of the witnesses"—oddly overlooking the fact that one of these witnesses had been called for Apostle Smoot; that no attempt had been made to impeach the character of this witness; that the other witnesses had been denounced, by a Mormon bishop, named Daniel Connolly, as "traitors who had broken their oaths to the Church" by betraying the secrets of the "endowment oath;" and that all the Smoot witnesses who denied the anti-patriotic obligation of the oath refused, suspiciously enough, to tell what obligation was imposed on those who took part in the ceremony.
The charge that Smoot, as an apostle of the Church, had been responsible for polygamous cohabitation was as easily disposed of, by the minority report. He had himself, on oath, "positively denied" that he had "ever advised any person to violate the law either against polygamy or against polygamous cohabitation," and no witness had been produced to testify that Apostle Smoot had ever given "any such advice" or defended "such acts." True, it was admitted that he had "silently acquiesced" in the continuance of polygamous cohabitation by polygamists who had married before 1890; but it was contended that to understand this acquiescence it was "necessary to recall some historical facts, among which are some that indicate that the United States government is not free from responsibility for these violations of the law."
In short, although Reed Smoot was one of a confessed band of law-breaking traitors, he was of "irreproachable" private character. Although the band had been guilty of every treachery, none of the band had admitted that Smoot had encouraged them in their villainies. Smoot had only "silently acquiesced"—and in this he had been no guiltier than the intimidated bystanders and the gagged victims of the outrages. Although the gang had stolen the machinery of elections and used it to print a Senatorial certificate for Smoot, there was nothing to show that the form of the certificate was not correct. Moreover, the band operated in politics as a religious organization, and the constitution of the United States protects a man in his right of religious freedom!
Chapter XIV. Treason Triumphant
While these disclosures of the Smoot investigation were shocking the sentiment of the whole nation, the Prophets carried on the conspiracy of their defense with all the boldness of defiant guilt. In Salt Lake City, the office of the United States Marshal and even the post-office were watched for the arrival of subpoenas from Washington; men were posted in the streets to give the alarm whenever the Marshal should attempt to serve papers; and before he entered the front door of a Mormon's house, the Church sentry had entered by the back door to warn the inmates. If the Federal power had been moving in a foreign land, it could not have been more determinedly opposed by local authority. Notorious polygamists, wanted as witnesses before the Senate committee, made a public flight through Utah, couriered, flanked and rear-guarded by the power of the hierarchy. One of these law-breakers (who, it was known, had been subpoenaed) went from Salt Lake City to take secret employment in one of the Church's sugar factories in Idaho. When he was discovered there and served with the Senate requisition, he gave his word that he would appear at Washington, and then he fled with his new polygamous wife to a polygamous Mormon settlement in Alberta, Canada—a fugitive, honored because he was a fugitive, and officially sustained as a ward of the Church.
Apostles John W. Taylor and Mathias F. Cowley left the country, to escape a summons to Washington; and President Smith pleaded that he had no control over their movements, and promised that he would, if possible, bring them back to comply with the Senate subpoenas. He knew, as every Mormon and every well-informed Gentile knew, that the slightest expression of a wish from him would be the word of God to those two men. They would have gloried in going to Washington to show the courage of their fanaticism. They would never have left the country without instructions from their President. But they could not have married plural wives after the manifesto, and solemnized plural marriages for other polygamists, without Smith's knowledge and consent; their testimony would have placed the responsibility for these unlawful practices upon the Prophet; and the penalty would have fallen on the Prophet's Senator.