This seems to me to have not a scintilla of justice about it. The emigration fund was originated by people who had been assisted to emigrate to Utah, dedicating the repayment of the money advanced to them to assist others in the same way. It was an entirely voluntary contribution. I cannot see what right the United States has to intervene to destroy an immigration company, if it is legally conducted, simply because the religious sentiments of the Mormons are obnoxious to the people of the United States. If anything is settled in American national life, it is that no man shall be called to account for his religious opinions. And so this proposed act must be an arbitrary interference with the rights of property. If Congress has the right to dissolve an Emigrating Company and use its surplus property for educational purposes, then a Socialistic State Legislature would have the right to dissolve a railroad corporation, pay its debts, and take possession of its surplus for the common benefit; and this, surely, is a socialistic doctrine which the great majority of the American people are not yet prepared to accept.
Besides, it would be ineffective. The attorney-general would doubtless find no funds to handle. The Mormons say that the emigration fund practically ceased to exist years ago. The emigration of Mormons now, they say, is the result of their own saving, with such assistance as their friends and relatives in the United States give them; and consequently, although the Emigration Company would be abolished, missionaries would continue to go every year to foreign countries and land converts by the thousands upon our shores and take them to Utah and other Territories to strengthen the power of the priesthood.
Even if all of the measures mentioned thus far as contained in the new Edmunds Bill were enacted, the great political evil now in Utah would remain. The Territory would still be in the hands of the Mormons, and consequently in the hands of the priesthood.
Another radical measure has been proposed, and was strongly advocated by ex-Governor Murray and many leading Gentiles of Salt Lake City, and was recommended by ex-President Arthur. The measure proposed is the abolition of all Territorial government and the instituting of a government by a Federal Commission, appointed by the President, of nine persons resident in the Territory.
It is claimed that, if this commission was composed of upright, patriotic, and practical men, identified as citizens with the interests of the Territory, they would give an immense impetus to business of all kinds and induce enterprising men to settle there, because there would then be an assurance that Utah was to be in truth an American territory.
Now, there is no doubt at all that that would be an effective remedy for the political evil in Utah. The only questions to consider are: Is it lawful? Is it just? Is it wise?
Senator Edmunds has declared it unconstitutional; and although there are precedents in its favor, yet its constitutionality may well be questioned. Certainly the Territory would not have a representative form of government under a Legislative Commission. The government would be an oligarchy.
Besides, not all the residents of Utah are disloyal in sentiment and feeling. There are at least fifteen thousand, and probably thirty thousand, loyal citizens; but the proposed plan confuses the innocent with the guilty, and so cannot be defended from the standpoint of justice. All are disfranchised, Mormons and Gentiles, alike.
And, then, it is not wise. The Mormons in all likelihood would not obey the local laws passed by such a commission, because they would have no voice in their making. They would not regard them as entitled to respect, and there would as a result be more internal disorder and disquiet than there is now, so that immigration of peaceable citizens would be checked rather than encouraged.
Then, it lacks wisdom when we look at the evil to be overcome. The political evil to be overcome is the existence of a non-republican government in Utah. The government now there, though republican in form, in substance is oligarchical, the real rulers being the triumvirate who constitute the First Presidency of the Mormon Church. The problem is, how to remove that un-republican oligarchy and set up a republican government there as elsewhere. Now, see what is proposed! A legislative commission of nine appointed by the President! Why, the present government there is more republican than that proposed. The government now in existence is republican in form at least, and the officers are elected by the majority of the people and represent them truly. But the Legislative Commission would be not even republican in form. The people would have nothing whatever to do with their appointment—not even the Gentiles. That government would be thoroughly undemocratic both in form and substance; and even if it would truly represent the Gentile population, it would only represent a minority of citizens, and consequently would be undemocratic; for the fundamental doctrine of democracy is that the majority should rule the minority. As a proper substitute, then, for the present form of government in Utah, the Legislative Commission must be regarded as strikingly wanting. It does not solve the problem. It is unwise, inexpedient, and unnecessary.