Mr. Varian's resolution was adopted and became part of the Constitution, so that in the matter of compact between Utah and the United States on the subject of polygamy [i. e., polygamous marrying] our response went even beyond the demand of the people of the United States as voiced in the Enabling act authorizing us to establish a state government, in that we not only adopted the very language of the enabling act, but accepted the definition of polygamy and provided the punishment, prescribed for that offense by Congress; but no demand was made and no action was taken respecting unlawful cohabitation; nor did it in any manner enter into Utah's compact with the United States.[B] [Footnote B: Mr. Varian held views in harmony with what he said in the discussion on the floor of the Constitutional Convention even before that Convention assembled in the spring of 1895, for at the Territorial Bar Association of Utah, in January of that year, Mr. Varian, then a member-elect of the Constitutional Convention, said, on referring to statehood for Utah: "In accordance with the general convictions of civilized men and the spirit of free institutions, religious liberty will be fully secured by the organic law and a prohibition against plural or polygamous marriages adopted in deference to the suggestion by Congress. Whether it shall ever be stricken from the Constitution will depend solely upon the future temper and will of the people. It will be observed that the actual polygamous status, or living with two or more women as wives, known in Utah as a criminal offense termed "unlawful cohabitation," is not referred to in the proviso of the Enabling Act. Whether the Constitution builders will content themselves with prohibiting polygamous marriages, or will go further and prescribe the polygamous association also will be developed in time." And time developed the fact that the Constitutional Convention took no action whatsoever in relation to polygamous living, nor was any attempt made to deal with that phase of the question since the convention conceived that it had done its full duty, all that was required of it, by the Enabling Act, by "Forever prohibiting plural or polygamous marriages."] Now, understand me, I am not taking the ground that unlawful cohabitation--"polygamous living"--as it has come to be called--is not now contrary to the law in Utah. That it is under the ban of the law is known to every one. But it became so because our state Legislature, after the constitutional convention had settled this vexed question upon the terms here pointed out--our state Legislature (and why I have never yet understood) proceeded to unsettle what had been settled in that convention, picked up the part of the old territorial law that had been discarded by the convention and enacted it with the rest of the code prepared by the special code commission.