"He is to judge between THE PEOPLE and the government; he is to be THE SAFEGUARD of the one and the advocate for the rights of the other; he ought not to suffer the innocent to be oppressed or vexatiously harassed, anymore than those who deserve prosecution to escape; HE IS TO PURSUE GUILT; he is to protect innocence; he is to judge the circumstances, and, according to their true complexion, to combine the public welfare and the safety of the citizens, preserving both, and not impairing either; he is to decline the use of individual passions, and individual malevolence, when he cannot use them for the advantage of the public; he is to lay hold of them where public justice, in sound discretion, requires it."
Catherine Fout vs. State of Tennessee, 4 Tenn. 98 (1816)
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