dge not to do a particular thing on the other--either party
can violate it without remedy to the other. But you ask me what is
the remedy, and I answer that there are plenty of remedies in your own
hands.
"Suppose they violate this compact; suppose that after they put this
into the constitution, and thereby induce you to grant them the high
privilege and political right of statehood, they should turn right
around and exercise the bad faith which is attributed to them here--what
would you do? You could shut the doors of the Senate and House of
Representatives against them; you could deny them a voice in the
councils of this nation, because they have acted in bad faith and
violated their solemn agreement by which they succeeded in getting
themselves into the condition of statehood. You could deny them the
Federal judiciary; you could deny them the right to use the mails--that
indispensable thing in the matter of trade and commerce of this country.
There are many ways in which peaceably, but all powerfully, you could
compel the performance of that compact."
This argument by Mr. Wilson in 1888 was recalled by the counsel for the
protestants in the investigation. It was recalled with the qualification
that though Congress might not have the power to undo the sovereignty of
the state of Utah it could deal with Senator Smoot. And it was further
argued: "The chief charge against Senator Smoot is that he encourages,
countenances, and connives at the defiant violation of law. He is an
integral part of a hierarchy; he is an integral part of a quorum of
twelve, who constitute the backbone of the Church.... He, as one of that
quorum of twelve apostles, encourages, connives at, and countenances
defiance of law."
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 establ
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