of Congress. The Mormons known as the "Reorganized Church" are entitled to the respect of all, and that Church recognizes and receives in common with all others every protection under the constitutional guarantee. But polygamous Mormonism, which has overridden the Constitution, nullified Federal legislation, and defied the Government, has made of Utah a deformed child. The surgeon who takes in hand the case of a deformed child who may be cured, must not be deterred from performing the necessary operation because of the protests and cries of the patient. To allow it to grow into manhood, helpless and a burden to its kindred, would be criminal. In this case Congress is the surgeon, and must perform the operation. As it is the duty of a parent to educate and care for and, if necessary, punish a child, in properly preparing it for the responsibilities of later years, so it is the duty of this country to care for the Territory in order to properly prepare it for the responsibilities of Statehood. No unworthy or debauched community should, or will, be advanced into Statehood, and no political party will dare commit so great a crime.

Utah Mormonism, with legislative power in its grasp, is a monster of no inconsiderable proportions, and means mischief. It occupies a vast region besides Utah, abounding in attractions and fruitful in resources. The purpose of the Mormon leaders announced to, and understood by, their people is presented in very different guise by their agents in Washington. The past shows them to be the most adroit and successful lobbyists our national capital has ever known. Besides, they readily spend thousands of dollars to mislead the country and to prolong their power from Congress to Congress. As scheming traders, who handle the vast revenues of their corporation from year to year, they put off the day of settlement at the expense of their creditor the country. The day of settlement must come. The present condition of affairs cannot continue. The quicker the settlement comes, the better for the Mormons and for the country. Either the Government must repeal its laws or the Mormons must obey them. Shall the settlement be effected peaceably or in strife? I do not now, and never have, suggested the necessity of military force. My purpose is, in mercy, to avert such a necessity, and to shield the Mormon people from such a calamity. I believe that with proper legislation a settlement can be effected peaceably. I believe that it will be effected in strife

if that legislation is much longer withheld. In 1850, Congress gave to Utah a form of government the counterpart of that given to other Territories. But it was competent for Congress to order the government of Utah on a totally different plan had it chosen to do so. The power of Congress in the premises was then, as it is now, complete, and the exercise of such power dates from before the writing of the Constitution. Brigham Young was made Governor. That act was unfortunate and far-reaching in its evil results. At once the Legislature, composed then, as now, of Mormons, under the forms of law, by direction of "President" Young, transferred the powers and duties pertaining to the Governorship into other hands in order to have the government of Utah the more secure from national control when he should cease to be, and another become the Governor.

Deliberately, and in direct violation of the seventh section of the organic Act of 1850, an unlawful government was inaugurated, and to-day exists. In 1882, discharging the duty imposed by Congress, reënforced by the Supreme Court of the Territory, and since recognized by the commissioners under the "Edmunds law," a duty he could not evade, and should not neglect, and a prerogative exercised by the executives of all other Territories with like provisions of law,-the Governor of Utah named to the Legislative Council (Senate) sundry persons to carry on the government, saying: "Such officers must necessarily be named in the manner designated by Congress. Their election and appointment in any other manner, under an Act of the Territory which derives its power from the provisions of the self-same law, is nullification," etc. The Council declined either to reject or to confirm these nominations, claiming that this duty imposed by Congress had passed out of the hands of the Governor in vir tue of divers territorial statutes, and adopted the following resolution: "Be it resolved, by the Council of the Legislative Assembly of Utah, that the complaint of His Excellency the Governor is groundless, and his nominations unnecessary, and that no action thereon is required." Thus was the unlawful government inaugurated, and it is kept in existence as it has existed for thirty years.

The machinery of "the Edmunds law" not having been put into operation in time for the August elections of 1882, Congress anticipated the failure. and by what is known as the VOL. CXXXVIII.—NO. 326.

2

"Hoar Amendment" provided that the Governor should fill the vacancies occasioned by the failure to elect. A number of persons accordingly were named, and succeeded in qualifying under the law in the face of vexatious obstacles thrown in their way from one end of the Territory to the other. The general refusal to obey this law of Congress was strongly illustrative of the "oneness" that characterizes Mormon action. The Supreme Court of the Territory sustained the Act of Congress and the action of the Governor, but the delay of appeals with the stay of proceedings resulted in polygamists holding on without regard to the will of Congress, and to-day many are exercising the functions of office who under the law are not entitled either to hold office or to vote. As in the past other Acts of Congress have been nullified, so this one was disobeyed. Congress has required of the Governor to see that the laws are faithfully executed. The two instances cited, and many others that might be mentioned, demonstrate the fact that the Legislature is organized to defeat the will of Congress, and that officers of the Territory upon whom the Governor should rely to execute the laws combine to nullify them.

The Constitution of the United States declares that Congress "shall make no law respecting an establishment of religion nor prohibit the free exercise thereof." The Church in Utah needs no protection against the United States. It was the purpose of the writers of the Constitution, as it is now the purpose of the country, to protect the Government against the encroachments of the Church. Certainly this country fully protects all men in the right to worship God according to the dictates of conscience. This guarantee is maintained by all. Has the Legislature of Utah overridden this provision? Has the Government of Utah proved a faithful agent of the United States? Is it now a faithful agent? Have not the different legislatures which derived their powers from Congress, and which are paid from the national Treasury, passed, and have not the officers of the Territory who derive their power from Congress executed law upon law in direct violation of the Constitution and the laws of Congress? If they have and do, they are unfaithful agents, and after thirty years of forbearance and forgiveness they cannot longer in safety be allowed to perform the duties of such agency. Congress, which is charged with the duty and to whom alone good citizens can look, should do no less than a prudent business man

would do in dealing with an unfaithful agent.

If such agents

are not to be prosecuted, at least let their services be dispensed with. The question, if indeed there ever was any in Utah, as to the exercise of religious belief, was taken entirely out of intelligent discussion by the decision of the Supreme Court of the United States in the Reynolds case, sustaining the Act of 1862, which declared bigamy to be a crime. The question now to be considered is, whether there has been an establishment of relig ion, or at least numerous laws passed "respecting an establishment of religion," by the legislatures of Utah. Such laws are too voluminous to give in detail, but I quote a few paragraphs. Section first of an Act passed February 8th, 1851, ordains and declares that all that portion of the inhabitants of Utah who are or may become Saints are hereby constituted "a body corporate with power to sue and be sued, defend and be defended and to establish order and regulate worship," "and hold and occupy real and personal estate," which the second section of the Act declares "shall be free from taxation." It further provides for a "trustee in trust and assistants," and that the trustees may receive property, real or personal, by gift, donation, bequest, or in any manner not incompatible with the principles of righteousness or rules of justice, inasmuch as the same shall be used for houses of worship, etc., "and the well-being of said Church." Section third reads:

"Be it, &c. That as said Church holds the constitutional and original right in common with all civil and religious communities to worship God according to the dictates of conscience; to reverence communion agreeably to the principles of truth, and to solemnize marriage compatible with the revelations of Jesus Christ free to all; it is also declared that said Church does, and shall possess and enjoy continually the power and authority in and of itself to originate, make, pass, and establish rules, regulations, ordinances, laws, customs, and criterions for the good order, safety, government, conveniences, comfort, and control of said Church, and for the punishment or forgiveness of all offenses relative to fellowship according to church covenants; that the pursuit of bliss, and the enjoyment of life in every capacity of public association, and domestic happiness, temporal expansion, or spiritual increase upon the earth may not legally be questioned; provided, however, that each and every act or practice so established or adopted for law or custom shall relate to solemnities, sacraments, ceremonies, consecrations, endowments, tithings, marriages, fellowship, or the religious duties of man to his Maker; inasmuch as the doctrines, principles, practices, or performances, support virtue and increase morality, and are not inconsistent with or repugnant to the Constitution of the United States or of this State, and are founded in the revelations of the Lord."

Here is an Act of the Legislature giving corporate powers to hold real and personal property free from taxation, "not for purposes of worship only," but for general business, and under this they held farms, stores, railway stock, banks, telegraphs, theaters, cattle, sheep, etc., such as are now held by the Church. This Act, adroitly drawn in several particulars, was intended to be a wall of defense about an established religion, so that "it may not legally be questioned," and to confer power upon courts, even to pains and penalties, in all matters relative to fellowship according to Church covenants.

The Act of Congress declaring bigamy to be a crime proposed to repeal so much of this Act of incorporation and of all other Acts as "established or countenanced polygamy," but its provisos and limitations made the repeal questionable. The courts of Utah have held that as regards criminal offenses, such as theft of Church property, the act of incorporation was not repealed. For lack of the proper officer under the law it has not been tested in civil cases, but the better opinion seems to be that it is repealed. If so, the power remains in the Church as an association; if not, it remains in it as a corporation. The result is about the same. Under color of that Act, courts not open to all citizens, and unknown to Congress, sit with usurped powers, at least similar to those granted in the Act of incorporation, and deal with temporal affairs of American citizens. The same Act of Congress declared that it shall not be lawful for any corporation or association, for religious or charitable purposes, to acquire or hold real estate in any Territory of a greater value than fifty thousand dollars: now it appears from the census of 1880 that Church property to the value of $2,500,000, a great part of it real estate, is held in one county of Utah; thus is this Act of Congress nullified with the others. This feat is accomplished by putting the title to Church property in the names of presidents of stakes, bishops and other agents throughout the Territory.

By an Act passed in 1850, amended in 1856, and found among the laws published by authority in 1876, the entire immigration system for the Territory was given into the hands of the Church "to promote, facilitate, and accomplish the immigration of the poor." The result was "The Perpetual Immigration Fund Co." No other system has been sanctioned, recognized, or permitted by law, and to-day this corporation, now rich, forms an impor