Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1900-02-24
THAT so.oALLED COMPACT"

ana AAdli Naa hNeA " lANAe AiENANoNN
by the press Of the country. 1t Is re-
markable how few OF the great jour
nails have taken a constitutional WV
Of this subject.
Blinded by the intense prejudice
stirred up against the majority Of the
people Of this State because they are
MormOns," and therefore supposed TO
be practical polygamists, many editors,
otherwise clear-headed, have appeared
TO welcome any scheme that might be
started with a view TO the suppression
Of the Mormon" people. Therefore.
when the suggestion was made by the
inveterate enemies OF the "MOrmons"
that Utah might be thrust out Of the
Union, on the alleged ground that she
has broken her compact with the gov
eminent on her entrance into the Union,
It was seized as a welcome pretext and
advocated as a practical solution Of the
problem Of "Mormonism."
Interfering to this matter the Des-
eret News has usually put the word
compact" In quotation marks This
was for the reason that the term used
was missioner and implied something
contrary to the theory Of our system OF
government. A state on entering the
great Federation unites with other free
and independent and sovereign States,
all on an equal footing The purpose of
a new state In becoming one with the
other states, is the same as that Of the
thirteen colonies as enunclated In the
preamble to the Constitution Of the
United states.
There was no compact" or contract
between the state Of Utah and the
United States when the proclamation
Of the President announced her union
with the sister states. There were some
conditions required by the Enabling
Act. similar to those provided for the
admission Of other states, with the ad-
dltlon Of a special provision which has
been many times quoted and comment
ed upon. That condition, as wen as
the others, was fully complied with in
the framing Of the State Constitution,
and the proclamation Of the President
was the recognition Of that compliance
II was complete and perfect when &C.
cepted by the Executive OF the nation.
That is the doctrine OF this Republic.
The discussion that has occurred over
the compact" question has developed
the fact that there Is much ignorance
concerning the essential principles OF
our national system Of government All
the talk about violation OF compact
or contract has been superfluous.
Utah is part Of the Union as much ac
New York. There is no Constitutional
way 20 thrust her out. OF course there
is no necessity or real cause for any
such action. II It were possible under
the Supreme Law. Utah has observed
In spirit as well as in letter the under
standing expressed I'm the special pro-
vision OF the Enabling Act, aud the
state Constitution
As 10 the principle involved in this
matter we direct special attention &c
the remarks made by Hon, Charles Il,
Littleheld. in his great speech on the
F,terts question. which has been pub
lished in full in the Deseret News. from
which We reproduce the following para
graphs that are submitted to the con-
sideratlon Of all who entertain erratio
notions concerning the alleged COM
pact" with the government:
Compact is synonymous with con-
tract. The idea OF compact or contract
is not practicable upon the relations that
exist between the State and the general
government. They do not stand IN the
position Of contracting parties. The con-
ditlon upon which Utah was to become
a State was fully performed when she
became State. The Enabling Act au.
thorized 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 con-
vention shall provide by ordinance irrev-
ocable." etc, and the convention did
In terms what II was required 10 do. II
was condition upon the performance
OF which bv the convention" the ad-
mission OF Utah depended. Its purpose
accomplished, It's office Is gone, and as
a condition IL ceases TO exist. No power
was reserved IN the Enabling Act. nor
can any be found In the Constitution OF
the United States, authorizing Con-
gross. not to say the House Of Repre-
sentatiycs alone. to discipline the people
in. or the State OF Utah. because the
crime Of polygamy or unlawful cohabl-
tation has not been extermlnated in
Utah. Where Is the warrant to be
found for the exercise uf this disciplin-
arv. supervisory powcr2 This theory Is
apparently evolved for the purposes OF
this case Is entirely without precedent.
and has not even the conjecture on
dream Of any writer 10 stand upon.
"If Il IS suggested that the case OF
Texas w White q Wallace. 700) lends
Nll OF fhEAANiA ~ AiAA0 ifA'NA ! AFffNfha hl-
In submit, without stopping TO analyze
the case. that Il Is based upon other
grounds. and while the term compact
Is mentioned but once, II Is then men
toned for the purpose OF showing that
Il was not a proper term 10 describe the
relations existing between the State
and the federul government As the
court said page 176):
When. therefore, Texas became one
OF the United states. she entered into
an lndissoluble relation. An the obllga-
tions OF perpetual union and all the
guarantees Of republican government In
he linton attached nj once TO the
state. The act which contaminated her
admission into the Union was some
thing more than a compact. II was the
lncorpofa ton OF a new member into the
political body. and Il was final. The
union between Texas and the other
states was as complete as perpetual.
and as indissoluble as the union be-
tween the original States. There was
no place for Reconsideration or reyoca-
ton except through revolution or
through consent OF the States.