The enquirer. [volume] (Richmond, Va.) 1804-1815, 1809-06-06

of the old school, If he was an Essex man,
aud held, that the common law was supreme,
cannot blame him for executing his duty.
But if he was one of those who held up his
hands against that. doctrine, and protested
against the men who supported il, then lsay
that he is blamable-for viii not acknow-
ledge the right Of any man to make COM
mutation Of principles and the rood of this
country for his Office; or that he is bound hy
the instructions of his superior to do that
which he Conceives illegal, Unconstitutional
and unjust. As an honest man, he would
give up his Office rather than his principle
Ard trust, sir, that we live in = state OF
society, in which man acting in that maa-
Der, will always meet with confidence and
support.
Mr.. Lipsrmore said, that for his own part,
he had no idea that district attorney was
the mere officer of a grand jury or in any
WAY dependant OH the grand jury. He was
an officer as.independent OF the grand jury
as the grand jury were of hia,. he is (said
DIR. Ii an officer appointed by the United
States to prosecute ait offences against the
United States. If the common law OF. En-
gland be admitted in the courts. OF the Uni-
ted States, If it he taken a rule ofproceed-
ing, ! conceive it should be taken in all its
parts. The district attorney may not only
prosecute by indictment, but by presentmcnt.
Although prosecution be generally institu-
ted by indictment, it does not follow that it
must be SO. for 1t may be by information
lodged by the district attorney in which the
grand jury has no kind of agency. If the
prosecution be by indictment, the authority
ot the district attorney must come IN aid OF
It, or no prosecution can proceed; 1t can
have no effect till il receive the sanction OF
the district attorney, who has equal authori-
ty to put an end to it at any instant without
accounting for it. In short, he has the whole
control in suits in behalf of the United States.
| He is therefore an executive officer, made
use OF to prosecute ON behalf of the United
States, or co persecute if he chooses to sub
NIT to superior influence. Far be it from me,
sir, to say, that this is the case but con-
ceive, that there is possibility of making
! provision, by law. to prevent persecution in
,his way. It is high time some law was pro
| vided to punish those who make such eyre
| gious abuses of power--it is high time there
was some law to punish those who PROSTATE
the laws of the United States to such purpo-
ses. shall, therefore, vote for the appoint
ment of this committee; and hope they
will be able topoiBt out some mode to pre-
vent such abuses in future. AS to the sedti-
on law, that has passed away do not know
that it is necessary for can Essex man" or
any other to defend it. 1t had one excellent
feature in it; that one relative to libels 1t no
great injury to any man to be prosecuted for
a libel, if he be admitted to give the truth in
evidence on his defence. Whenit was the
ipractice. as it was ten or twelve years ago,
to tell infamous lies without being subject to
prosecution, it was necessary that some re-
medy should be applied. 1.-THE citizen were
allowed tn s> e the ruth IN evidence, he could
suffer no injury from AN impartial jury oi
his country.
Mr.. Dana said that If 1t was Intended TIA,
: this resolution should be adopted with the
peculiar view OF iberating the soil of Con
necticut from its crop OF policitical heresy, lit
should be averse to having this fav or forced up
on them feel no particular obligation (sait
Mr.. d. to the gentleman from Massachu.
sets, (Mr. Bacon) or any other who wishc:
to reform the heresies of the people of Con
necticut, with view that they should be a
dopted into his political church. As 20 the
prosecutions in that state, however, it Nigh
be we'll to inquire into them, and to put :
stop to them; or if we do not put stop tt
them, to assure to the people the liberty o
+ giving the truth in evidence. 1t would b,
well Hozo, sir; but it would have been better
while the prosecutions were pending ard be
fore they were all defeated. Three year.
have elapsed since this subject was mention
ed in the house by myself, and call mad.
for an account of the cxpences which hac
been incurred in certain prosecutions at com
mon law, and they were laid on the table 6
printed, think, two sessions before the last
1 made motion at the time in respect t,
the subject; but, from the pressure OF bu.i
ness it was not ultimately acted on | wa
not very soliCitous to press it; but chose t,
give public information OF this subject, tina
the experiment might pass before the pub
lie, whether, when this information wa
made public, the government would under
take to arrest the prosecution. ] am nc
certain that it was not known prior to thai
time. Certain am that ] mentioned it t
one of the heads of departments at that ses
sion. The prosecutions were not arrested
and really, sir, there must have been some
thing peculiarly bad in that soil which wan
4 ted the culture of such district attorney
as was placed at the Head of it. AS to tn,
district attorney, / acquit him of any pecu
liar malignity in the business; I had rathe
supposed that he was implied by such in
:. fiuence as appointed him; that the person
: concerned in appointing him. or others con
!, nected with them, were DESTROYS Of institu
ting these prosecutions, and that he had no
the firmness to resist them. AS to the sed
: tion law, for my constituents | ask but OH,
privilege; that, when they are prosecuted 70
!. libels, they may have the liberty to prov
the truth of what they publish; & ifthey d
, not prove the truth, let them suffef. ask no
thing further for them. / should wrong thei
opinion of the respect which is due to truth
: if asked for them any greater liberty tina
, that of proving the truth of what they uttel
I. AS to their being peculiarly attached to wha
=. l. n -. q. :. Il