Imagine a time when the very fabric of a new nation was still being woven, a time of uncertainty and immense challenge. That was the landscape in 1789, the year the United States Attorneys were first established. It wasn't just about prosecuting criminals; it was about upholding the nascent ideals of a republic, ensuring that justice, not just victory, prevailed.
As the Bicentennial Celebration of the United States Attorneys reminds us, these individuals have always been more than just lawyers. They are, as Mr. Justice Sutherland so eloquently put it in Berger v. United States, "the servant of the law." Their obligation is twofold: to ensure that guilt doesn't escape, but crucially, that innocence is never made to suffer. This isn't a call for leniency, but for a profound commitment to fairness. They can, and should, prosecute with vigor, but never with "foul blows." The pursuit of justice demands legitimate means, always.
When the Constitution was being drafted, the framers recognized the need for a federal judicial system to handle matters beyond the scope of individual states. Think about it: how would a single state prosecute crimes at sea or tackle widespread counterfeiting that affected the entire nation? Article III laid the groundwork, and the Judiciary Act of 1789 brought it to life, mandating the appointment of "a meet person learned in the law to act as an attorney for the United States" in each federal district. Their charge was clear: to prosecute all federal offenses and handle civil cases where the United States was involved.
President George Washington himself understood the gravity of these appointments. He wrote to Richard Harrison about accepting the role for the District of New York, emphasizing the "high importance of the judicial system" and the need to select "characters" who would serve with honor and to the advantage of their country. This tradition, born from the very beginnings of our nation, has continued through the centuries. The individuals appointed as United States Attorneys have consistently represented the best of their states, embodying honor, courage, and a deep commitment to justice.
From those first thirteen appointees, including luminaries like John Marshall who would later become Chief Justice, to the ninety-three United States Attorneys serving today across ninety-four federal districts, the mission remains. They stand as guardians of the law, protecting the interests of the United States and striving to fulfill the promise of "that the laws be faithfully executed." It's a legacy built on principle, a testament to the enduring strength of the "Great Experiment" that Alexis de Tocqueville observed.
