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A Compilation of the Messages and Papers of the Presidents - Volume 8, part 2: Chester A. Arthur by James D. (James Daniel) Richardson
page 50 of 538 (09%)
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
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