GOVERNMENT AND RELIGION AMONG THE NEPHITES.  
Nephite Government.
 
Some twelve or fifteen years after Lehi's colony arrived in the new world, Nephi with that part of the colony which he could influence—the more righteous part, by the way—separated from the elder sons of Lehi and their following, and established a separate community. Such was the esteem in which Nephi was held by his following that his people besought him to be their king. Nephi appears not to have favored the establishment of this kind of government, but yielded to the desire of his people. Perhaps he had inherited the prejudices of the Hebrew prophets against the kingly form of government,[1] and would gladly have seen his people live under an administration of government by judges, as in ancient Israel. This, however, is but an inference drawn from the fact of Nephi's expressed desire that his people would have no king.
 
Succession to the kingly dignity was made hereditary in Nephi's family,[2] and the kings on their accession to the kingly power took the title of Nephi I, Nephi II, Nephi III, Nephi IV, etc.[3] What the nature of this kingly government was, what secondary officers existed in it, and what means were employed for the administration of its laws cannot be learned from the Nephite record. For some time the community over which the established government held sway was but a small one, hence the kingly office had no such dignity as attaches to it in more extensive governments; but was most likely akin to the petty kingdoms which existed in Judea[4] at various times and with which Nephi and some few of those who had accompanied him from Jerusalem were acquainted. The Nephites had the scriptures containing the law of Moses, and were taught to some extent in some of the customs of the Jews, but not in all of them.[5] And these customs, and the law of Moses administered with no very great amount of machinery, I apprehend, constituted the character of the Nephite government. Under it the Nephites lived for a period of more than four hundred and fifty years.
 
The transition from a kingly form of government to what may be called a democracy was made at the death of Mosiah II, 509 years from the time Lehi left Jerusalem, or 91 years B. C. The Israelitish genius in matters of government inclines them to the acceptance of what men commonly call a theocracy, which is defined as meaning literally "a state governed in the name of God." The election of this form of government by Israelities as most desirable, grows out of the fact of the Mosaic legislation; for Moses received the law by which Israel was governed direct from Jehovah; its regulations were carried out in Jehovah's name, by the administration of judges, both during the life time of Israel's great prophet and also after his demise. Living thus under the divine law, administered in the name of Jehovah by judges divinely appointed, was to be governed of God. And so completely was this form of government recognized as the government of God, that to reject it was held to be rejecting God as the ruler of the state, as witness the words of the Lord himself in the closing years of the prophet Samuel's life when Israel clamored for a king. The Lord said unto Samuel: "Hearken unto the voice of the people in all that they say unto thee: for they have not rejected thee, but they have rejected me, that I should not reign over them."[6]
 
No one, it appears to me, could have a clearer conception of the evils that grow out of kingly government than the Nephite king, Mosiah II. Nor a clearer conception of the strength and advantages of that form of government. I give a summary of his reasoning upon two sides of this question: "It is better that a man be judged of God than of man; for the judgments of God are always just, but the judgments of men are not always just." This is said in support of the old Israelitish idea of government—a theocracy: "If it were possible that you could have just men to be your kings, who would establish the laws of God and judge this people according to his commandments, * * * * then it would be expedient that you always have kings to rule over you;" but "because all men are not just, it is not expedient that you should have a king or kings to rule over you. * * * * Behold, how much iniquity doth one wicked king cause to be committed, yea and what destruction!" Moreover Mosiah understood the strength of those forces behind which an ungodly king could intrench himself. "Behold, * * * * ye cannot dethrone an iniquitous king, save it be through much contention, and the shedding of much blood; for behold, he has his friends in iniquity, and keepeth his guards about him, * * * * and he enacteth laws, and sendeth them forth among his people; yea, laws after the manner of his own wickedness; and whosoever does not obey his laws, he causeth to be destroyed; and whosoever doth rebel against him, he will send his armies against them to war, and if he can, he will destroy them: and thus an unrighteous king doth pervert the ways of all righteousness." "Behold, I say unto you the sins of many people have been caused by the iniquities of their kings."
 
These were the considerations which led him to recommend the abandonment of kingly government and establish a reign of judges chosen by the voice of the people. By this arrangement Mosiah held that the people would bear the responsibility of the government. "It is not common," he reasons, "that the voice of the people desireth anything contrary to that which is right; but it is common for the smaller part of the people to desire that which is not right; therefore this shall ye observe, and make it your law, to do your business by the voice of the people; and if the time comes that the voice of the people doth choose iniquity, then is the time that the judgment of God will come upon you; yea, then is the time he will visit you with great destruction, even as he has hitherto visited this land." All of which is a clear setting forth of the responsibilities of self-governing communities.
 
It should be pointed out, however, that there were some other events which led to the consideration of the propriety of changing the form of the Nephite government, at this time. The sons of Mosiah, who were heirs to the Nephite throne, were miraculously converted to the gospel, and so thoroughly imbued had they become with the importance of the work of the ministry of the Church that they abandoned their rights of succession to the kingly dignity, and departed from the land of Zarahemla to perform missions among the Lamanites. In consequence of the action of these young princes, Mosiah II was confronted with the problem of succession to the Nephite throne, since those to whom belonged the right refused to accept the honor. He feared that if another were appointed instead of one who had constitutional claims to the throne, there might arise contentions over the question of succession. "And who knoweth," said he, "but what my son to whom the kingdom doth belong, shall turn to be angry, and draw part of this people after him, which would cause wars and contentions among you, which would be the cause of shedding much blood?" He therefore recommended the election of a chief judge or president of the theocratic-democracy, who would be possessed of both administrative and judicial powers, in the hope that such action, taken by the people themselves, would obviate all difficulty or question about the legitimacy of the government about to be established.
 
It is difficult to determine with precision the entire character of the constitution of the Nephite democracy. But from what is written in the Book of Mormon this much may be learned: The chief judge, elected by the people, was the supreme governor of the land, the chief executive.[7] His oath of office bound him "to judge righteously, and to keep the peace and the freedom of the people, and grant unto them the sacred privileges to worship the Lord their God; to support and maintain the laws of God all his days, and to bring the wicked to justice, according to their crimes." A similar oath was doubtless administered to the inferior judges. To a limited extent also legislative powers were granted to the chief judge, but these powers appear to have been limited to framing laws, which were not of force until ratified by the voice of the people. No limit seems to have been set to the term of office of the chief judge, but as the voice of the people placed him in office, the same power could also dismiss him from it; and it may be that the power of impeachment, vested in a certain number of inferior judges—as explained later—extended to deposing even the chief judge. In any event it may be concluded that he held his position only during good behavior.
 
Just how the inferior judges were graded cannot be ascertained, but that they were graded is evident, since Mosiah II, in explaining the character of the constitution of the democracy he proposed to his people, said: "And now if ye have judges, and they do not judge you according to the law which has been given, ye can cause that they may be judged of a higher judge. If your higher judges do not judge righteous judgments, ye shall cause that a small number of your lower judges should be gathered together, and they shall judge your higher judges, according to the voice of the people."[8] A salutary provision this, for it made all amenable to the law, but the manner in which the judges were graded is unknown, as well as what number of inferior judges were designated to try the superior judges.
 
These administrators of the law were paid for their services "according to the time which they labored to judge those who were brought before them to be judged, * * * a senine of gold for a day," or its equivalent in silver—a senum of silver.[9] It is, of course, impossible to determine the value of these denominations of Nephite coins, and therefore impossible to determine the value of the per diem of the judges. The nearest approach that can be made to an estimate is that a senine of gold or a senum of silver was equal in value to "a measure of barley and also for a measure of any kind of grain."[10] This is again indefinite, as neither the bulk nor the weight of "a measure of grain" is known; but it does convey the idea that it was no very great amount; and, indeed, in all that is said upon the subject of compensation for public service in the state, it is manifest that the Nephite government was administered on the strictest lines of economy.[11].
 
The organization of the military forces among the Nephites would be a subject of great interest, since, by reason of the constant aggressions of the Lamanites, they were often forced into war, and would be classed as a defensively warlike state. Of their military organization, however, but little can be definitely known. Two items, however, connected with the commander-in-chief of the armies, are quite clear: First, that he was nominated for his position by the Chief Judge of the land,[12] which nomination had to be ratified by the voice of the people; second, that on occasions the people delegated to him absolute power, created him military "dictator" in fact. This has ever been the means by which republics have sought to remedy one of the chief defects of their system, viz., ineffectiveness of administration—a tardiness in executing the law, or meeting an emergency not technically provided for in the constitution or law. In order to obviate this difficulty democracies have not infrequently adopted the plan of creating trusted leaders dictators; clothing them with all the authority of an absolute monarch during periods of special peril to the government. Thus did the Romans a number of times during the existence of their republic, when occasions arose that required prompt executive action, and by an authority that would be unquestioned. And such, I believe, was the power conferred upon the commander-in-chief of the Nephite armies, when occasion arose for it.
 
Relative to the body of the laws that obtained among the Nephites, whether under the monarchy or the republic, I apprehend that it was made up of the Mosaic legislation,[13] with some slight modification, and some especial enactments of their kings. As for instance it was enacted in the law of Mosiah (most likely Mosiah II) that the judges should receive wages according to the time they devoted to their office.[14] So doubtless other special acts obtained, which, with the general laws of the Mosaic legislation formed the Nephite jurisprudence.[15] And in the transition from the monarchy to the republic, Mosiah was careful to stipulate for this body of jurisprudence: "Let us appoint judges to judge this people according to our law."[16]—i. e., the law which had obtained under the monarchy, the law of God. "We will appoint wise men to be judges, that will judge this people according to the commandments of God."[17] So the body of the law that obtained under the reign of the kings went over into the jurisprudence of the republic.
 
From the Nephite record it appears that murder was punished with death; robbery, theft, and adultery were also punished, but with what penalties is not stated. But the law provided that men should be judged—and therefore punished—according to their crimes.[18] One thing stood out unique in the Nephite policy: that was the recognition of the right of the subject to the enjoyment of religious liberty. The scripture—"choose ye this day whom ye will serve"[19]—seems to have impressed the Nephites with the idea that the right of choice in the matter of worship was left with the individual; and hence "if a man desired to serve God, it was his privilege;" "but if he did not believe in him [God], there was no law to punish him"[20]—hence religious liberty.
 
The history of the Nephite republic was a stormy one, especially during the first quarter century of its existence. It was assailed by traitors from within, who sought to re-establish a monarchy; and by the Lamanites from without, who often joined with the royalists to overthrow the republic. But if traitors assailed, patriots defended; and the republic was preserved for about one hundred and twenty years, from 91 B. C. to 30 A. D. An attempt then made to displace the republic by a monarchy, ended in anarchy for a time, followed by the establishment of a sort of tribal government, which conditions prevailed at the time the land was visited with that terrible destruction which took place at the crucifixion of Messiah, and well nigh swept out of existence the entire population.
 
What form of government obtained among the people of the western hemisphere after the appearance of the risen Messiah among them must be left largely to conjecture, since the Nephite records now in our hands are silent upon that subject. Neither monarchy nor republic is referred to; and the most reasonable conclusion is that the people, after the establishment of the Church of Christ among them, found its institutions and authority sufficient as well in secular as in ecclesiastical affairs; for the entire people were converted to the gospel, and were members of the Church. A righteous people have small need of government. The necessity for government is born of men's vices and wickedness, that lead to the disorders of society, which government must needs be called upon to regulate, and, if possible, suppress. For two centuries the people of the western world were most righteous, prosperous and happy. "There were no envyings," says their chronicler, "nor strifes, nor tumults, nor whoredoms, nor lyings, nor murders, nor any manner of lasciviousness; and surely there could not be a happier people among all the people who had been created by the hand of God."[21]
 
In consequence of these conditions nothing is said of government, and nothing may be learned of its nature beyond what has been suggested in the foregoing. As to what was done in the matter of government when this period of general righteousness drew to its close, and pride and wickedness hastened the disintegration of the Church; and pushed society headlong into disorders, may not be known, as our present Nephite records on this subject are again silent. We only know that secret organizations sapped the foundations of society; that security of person and property vanished; that anarchy and tribal relations usurped the place of orderly government; and that darkness spread over the land and gross darkness over the minds of the people.
 
Religion.
 
Religion among the Nephites consisted in the worship of the true and living God, the Jehovah of the Jews, whose revelations to the children of Israel through Moses and all the prophets to Jeremiah were brought with them into the new world. They therefore accepted into their faith all the Bible truths, and in its historical parts they had before them the valuable lessons which Bible history teaches. It furnished also a foundation for literature among them. For not only by the Bible were their prophets instructed in the law of God, but copies of some parts of it were multiplied and read by the people.[22] What is more they were possessed of some other books not now in our so-called canon of the Old Testament, such as the books of the Prophets Zenock, Neum and Zenos; all referred to by the first Nephi, who quotes some of their prophecies concerning the coming of Messiah in the flesh, and of three days of darkness to be given unto some of the inhabitants of the isles of the sea as a sign of the Christ's death.[23] The Nephites also had the writings of Ezias referred to by one of the Nephite prophets in the Book of Helaman.[24] Elder Orson Pratt, in a foot note on the passage, suggests that Ezias "may have been identical with Esaias, who lived contemporary with Abraham."[25] These books contained very precious truths concerning the coming and mission of the Messiah; and when information on this subject was lacking in the books which the Nephites brought with them from Jerusalem, it was abundantly made up to them by the things which the Lord revealed directly to their own prophets; for in the clearest manner possible the Lord made known to this branch of the house of Israel in the western world, the future coming and mission of the Messiah, together with the effectiveness of the atonement which he was appointed to make for mankind. While the Nephites kept the law of Moses previous to the advent of Messiah, as to its sacrifices and ordinances, yet they understood that these things but shadowed forth the real sacrifice to be made for them by the Savior of the world; and that these ordinances in which they administered were only of virtue by reason of the things which were to be done by Messiah afterwards.
 
In order to offer sacrifices and administer in the other ordinances of the law of Moses (which the Nephites were commanded to observe),[26] it was necessary, of course, that they have a priesthood, and this they had; but not the priesthood after the order of Aaron; for that was a priesthood that could only properly be held by Aaron's family and the tribe of Levi; while Lehi was of the tribe of Manasseh.[27] Lehi held the priesthood, however, the higher priesthood, which was after the order of Melchizedek, and was a prophet and minister of righteousness. This Lehi conferred upon his son Nephi; and Nephi, shortly after his separation from his elder brothers on the land of promise, consecrated his two younger brothers, Jacob and Joseph, to be priests and teachers unto his people.[28] Jacob, when explaining his calling to his brethren, states that he had been called of God, "and ordained after the manner of his holy order."[29] What the significance of the phrase "His holy order" means, is learned very distinctly from other parts of the Book of Mormon. Alma, for instance, before giving up the chief judgeship of the land, is represented as confining himself "wholly to the priesthood of the holy order of God, to the testimony of the word, according to the Spirit of revelation and prophecy."[30] Again Alma explains, "I am called * * * according to the holy order of God, which is in Christ Jesus; yea, I am commanded to stand and testify unto this people."[31] All of which is made still clearer by what Alma says later. Having given an explanation of the plan of redemption which was laid for man's salvation, and which he represents as having been understood from earliest times, Alma adds: "I would that ye should remember that the Lord God ordained priests after his holy order, which was after the order of his Son [meaning Jesus Christ], to teach these thing............