But this was not, and could not be the law of this District. What was
the case? Let us go back to the 10th of August last, when this warrant
was placed by a justice of the peace, acting under the advice of the
District Attorney, in the hands of the officers who served it. The only
foundation of the prosecution was simply this: Mr. King, while visiting
the office of the traverser, with whom he was in habits of intimacy and
free intercourse, saw there lying about the room, amongst various works
on different branches of science and the arts, three pamphlets, which
were taken from a box containing surgical instruments, books on surgery,
and botanical preparations, in packing all which the pamphlets had been
with other papers employed. Mr. King casually taking up one of these
pamphlets, read its title page, and remarked that this was too far South
for such things. He asked permission of the traverser to read it, which
was granted, and up to the 10th day of August, a month afterwards, this
was the extent of Dr. Crandall's offence. The affidavit in the warrant
did not even go so far as this, in any positive charge. William
Robinson, who made the affidavit, deposed that he had seen in Georgetown
an incendiary pamphlet having upon it the name of Dr. Crandall, and that
he, the deponent, had been informed and believed, that Dr. Crandall was
engaged in distributing and circulating such pamphlets. The only
positive averment in the affidavit was unimportant, and, if important,
was untrue. Mr. Robinson, when examined, had no recollection of such
a pamphlet, and there was abundant evidence to prove that the pamphlet
loaned to King was now in court, and there was no such endorsement on
it. He had not, therefore, seen a tract with Dr. Crandall's name upon
it. That Dr. Crandall was engaged in the circulation of this or similar
pamphlets was equally unsupported by evidence. Upon this allegation, so
flimsy and so false, the Justice, acting under the advice of our learned
District Attorney, issued the illegal and unconstitutional precept which
he held in his hand. By this warrant the constable was directed to
search and examine the traverser's private papers, to select such as
might appear to be incendiary and to bring them and the traverser before
some justice of the peace, to be dealt with according to law.

This illegal process, thus illegally executed, had been justified by
the District Attorney, who had avowed himself ready, whenever requ