A Compilation of the Messages and Papers of the Presidents. Volume 8, part 2: Chester A. Arthur
History
A Compilation of the Messages and Papers of the Presidents. Volume 8, part 2: Chester A. Arthur
Arthur, Chester Alan, 1829-1886; Presidents -- United States; United States -- History -- Sources; United States -- Politics and government
Reference has been already made to the obstacles which the United States
officers have encountered in their efforts to punish violations of law.
Prominent among these obstacles is the difficulty of procuring legal
evidence sufficient to warrant a conviction even in the case of the most
notorious offenders.
Your attention is called to a recent opinion of the Supreme Court of the
United States, explaining its judgment of reversal in the case of Miles,
who had been convicted of bigamy in Utah. The court refers to the fact
that the secrecy attending the celebration of marriages in that
Territory makes the proof of polygamy very difficult, and the propriety
is suggested of modifying the law of evidence which now makes a wife
incompetent to testify against her husband.
This suggestion is approved. I recommend also the passage of an act
providing that in the Territories of the United States the fact that
a woman has been married to a person charged with bigamy shall not
disqualify her as a witness upon his trial for that offense. I further
recommend legislation by which any person solemnizing a marriage in any
of the Territories shall be required, under stringent penalties for
neglect or refusal, to file a certificate of such marriage in the
supreme court of the Territory.
Doubtless Congress may devise other practicable measures for obviating
the difficulties which have hitherto attended the efforts to suppress
this iniquity. I assure you of my determined purpose to cooperate with
you in any lawful and discreet measures which may be proposed to that
end.
Although our system of government does not contemplate that the nation
should provide or support a system for the education of our people, no
measures calculated to promote that general intelligence and virtue upon
which the perpetuity of our institutions so greatly depends have ever
been regarded with indifference by Congress or the Executive.
A large portion of the public domain has been from time to time devoted
to the promotion of education.
There is now a special reason why, by setting apart the proceeds of its
sales of public lands or by some other course, the Government should aid
the work of education. Many who now exercise the right of suffrage are
unable to read the ballot which they cast. Upon many who had just
emerged from a condition of slavery were suddenly devolved the
responsibilities of citizenship in that portion of the country most
impoverished by war. I have been pleased to learn from the report of the
Commissioner of Education that there has lately been a commendable
increase of interest and effort for their instruction; but all that can
be done by local legislation and private generosity should be
supplemented by such aid as can be constitutionally afforded by the
National Government.
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