Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1809-06-06
To e Sd AI JUN.E 6, 1909.


federal court In that state. This wa
Z the opinion of one Judge there wa
-isome question how It would be ulti
/, lmately decided before a full court
Such law formed more ahundan
Iprotection against any persecution
(which might be directed against iudi
Ividuats under the form of a prosecu
ton, than any professions whate yer
In the state of Connecticut (slid Mr.
Dana) there is one further security
that our jurors are designated by lo,
j The names of freeholders selected BY
tcertain officers in the towns are put
Unto box, and then selected by | OF
There have been seven or eight prose
Icutions commenced, scarcely know
for What, whether for Hbslious or Sc
Idssioas words-against clergvnen, &
lpnbiic preachers, for words uttered by
them /; and very considerable expsn-
ices have been incurred by than. Bat
cainot say that anv man ever suffered
ANY farther than this; THAI they were
ar very great expence in defending
themselves. fhey had a great secu-
irity in one respect: that the talents of
the bar were against these prosecute
ions; and there was such peculiar ia
lent OF going backwards in the prose
cution, that the suits generally went
outof court With a noHe prosegti, from
some error in the Indictment, some de-
Feet an professional skill, or some er.
ror in cierSship. The ONLY case in
which there seemed to be any possibi-
iitv OF conviction, was enc in which a
question was made az TO the power OF
the court to take cognizance ofthe sub
|ject. The question was on the prose
cution ofaprinter there for publishing
'shat had appeared with perfect safe,
A another state The judges declar-
ed themselves divided In opinion on
the question ofI,risdic.ion. That di-
v>rsity of epiaion was certified AMI the
question expected to be brought he
sore the Supreme court last February
3nsappiyingto the Judge found than
the clerk Of the circuit eours had not
/ For@ led rhe certificate, and Of coursp
the case did not come UP here as ex
pectcd. | suppose that the whol
thing will die without any noise. Ano
Their reason WIN the persons in Con.
necticut were not disposed to make
very much noise ABOUT it while prose-
cutlons were depending, was, that he
state was not large one that it could
De supposed to be in great favor at
the palace. 1t was supposed, sir.
(whether correctly or not | will not
undertake, to say, but rather incline
TO the opinion that it was an erroneous
supposition) considering the manner
IN which appointments were made In
that state, and under the belief that it
was through the NJ ANS of certain in.
iiuentiai characters that the district IT
torney did institute those prosecu. ions
'ith the Appreciation of the admins
tration of the United States. This
was an opinion in the state land sup.
posing the influence of the Executive
Ito be cxerted, they felt that il would
be in vain to make much clamor, and
rather chose to contend alone against
III. AS the prosecutions are now at an
end, ] think it very desirable that
the subject should be investigated. As
respects the district attorneys not be-
ling removed, [ do not think tnat he is
much To be censured in this case. I
am not certain that he acted aItogeth.
er on his own opinion. / rather sup
ipose that ne was impelled by the in
Ruence of certain persons who are gen
erally sup .esed to have the chief
weight in appointments under the u.
United States in that state and who are
Itherefore by some called the council
OF appointment and [ suppose that
the district attorney could scarcely op-
pose the will and pleasure Of these gem
tlemen. | very much question there
fore, whether any peculiar degree of
fault is to be attributed to him, except
his putting the United States to SO
much expeuce without ever bringing
the question to a decision. This, sir,
IS about the general state Of the bust
ness. AS it cannot be said that the
court has in fact entertained the pro-
secutions and some of them have been