Granger, correcting small lapses of
memory, can confirm every thing substantial. Certain it is, that the
prosecutions had been instituted, and had made considerable progress,
without my knowledge; that they were disapproved by me as soon as known,
and directed to be discontinued. The attorney did it on the same ground
on which I had acted myself in the cases of Duane, Callender, and
others; to wit, that the sedition law was unconstitutional and null,
and that my obligation to execute what was law, involved that of not
suffering rights secured by valid laws, to be prostrated by what was no
law. I always understood that these prosecutions had been invited, if
not instituted, by Judge Edwards, and the marshal, being republican,
had summoned a grand jury partly or wholly republican: but that Mr.
Huntington declared from the beginning against the jurisdiction of the
court, and had determined to enter _nolle-prosequis_ before he received
my directions.
I trouble you with another subject. The law making my letters post free,
goes to those to me only, not those from me. The bill had got to its
passage before this was observed (and first I believe by Mr. Dana),
and the house under too much pressure of business near the close of the
session to bring in another bill. As the privilege of freedom was given
to the letters from as well as to both my predecessors, I suppose
no reason exists for making a distinction.
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