Presidential addresses and state papers, Volume 4 (of 7)Roosevelt, Theodore
History
Presidential addresses and state papers, Volume 4 (of 7)
Roosevelt, Theodore
Roosevelt, Theodore, 1858-1919; United States -- Politics and government -- 1901-1909
In my last Message I asked the attention of the Congress to the
urgent need of action to make our criminal law more effective; and
I most earnestly request that you pay heed to the report of the
Attorney-General on this subject. Centuries ago it was especially
needful to throw every safeguard round the accused. The danger then was
lest he should be wronged by the state. The danger is now exactly the
reverse. Our laws and customs tell immensely in favor of the criminal
and against the interests of the public he has wronged. Some antiquated
and outworn rules, which once safeguarded the threatened rights of
private citizens, now merely work harm to the general body politic. The
criminal law of the United States stands in urgent need of revision.
The criminal process of any court of the United States should run
throughout the entire territorial extent of our country. The delays of
the criminal law, no less than of the civil, now amount to a very great
evil.
* * * * *
There seems to be no statute of the United States which provides for
the punishment of a United States attorney or other officer of the
Government who corruptly agrees to wrongfully do or wrongfully refrain
from doing any act when the consideration for such corrupt agreement
is other than one possessing money value. This ought to be remedied
by appropriate legislation. Legislation should also be enacted to
cover, explicitly, unequivocally, and beyond question, breach of
trust in the shape of prematurely divulging official secrets by an
officer or employee of the United States, and to provide a suitable
penalty therefor. Such officer or employee owes the duty to the United
States to guard carefully and not to divulge or in any manner use,
prematurely, information which is accessible to the officer or employee
by reason of his official position. Most breaches of public trust are
already covered by the law, and this one should be. It is impossible,
no matter how much care is used, to prevent the occasional appointment
to the public service of a man who when tempted proves unfaithful;
but every means should be provided to detect and every effort made to
punish the wrongdoer. So far as in my power lies each and every such
wrongdoer shall be relentlessly hunted down; in no instance in the past
has he been spared; in no instance in the future shall he be spared.
His crime is a crime against every honest man in the Nation, for it
is a crime against the whole body politic. Yet in dwelling on such
misdeeds, it is unjust not to add that they are altogether exceptional,
and that on the whole the employees of the Government render upright
and faithful service to the people. There are exceptions, notably in
one or two branches of the service; but at no time in the Nation’s
history has the public service of the Nation taken as a whole stood
on a higher plane than now, alike as regards honesty and as regards
efficiency.
* * * * *
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