 The Act of 1789 also placed the responsibility for prosecuting federal crimes in the United States Attorney for each federal judicial district . The Act provided that " there shall be appointed in each district " a " person learned in the law to act as attorney for the United States in such district , who shall be sworn or affirmed to the faithful execution of his office , whose duty it shall be to prosecute in such district all delinquents for crimes and offences , cognizable under the authority of the United States . " The Act authorized judges , justices , justices of the peace , and magistrates to issue arrest warrants . The Act provided a right to bail in non @-@ capital cases , and authorized bail in capital cases — by the district courts , circuit courts , and Supreme Court , or any individual judge of them — issued on an " exercise their discretion therein , regarding the nature and circumstances of the offence , and of the evidence , and the usages of law . " The 1789 act did not create federal prisons , but it did provide for the imprisonment of federal prisoners ( presumably in state prisons ) " at the expense of the United States . " 
