The enquirer. [volume] (Richmond, Va.) 1804-1815, 1807-12-04
fAoM 1uE Aurora.
LETTER THE SECOND.
TO John All.
enrsr ,y,r,cs OF THE eNirKp STATS.

,-ou base ,eudsysdi Se asa,r; ration Of yiee ee7ed-
tina, you have unaffected pa,tiahy s[groecfaI 10 tie
ebayaile- Of udgeand that you have tresrafsd sks
esnty Of ID; e5i.f jyPiee sfhts United Sfaitf
Thi. letter m,yh, with more propriety have been
addrr.d 60 the public. Neither ffaten,ent Of fais
the abduction of arguments, are nreeGary TO
vince your understanding ofthe truth OF thoe charges
Your penetration could forefes the consequences of
your eoplue, your confidence tell the motives
which produced il. ..
vii! not niult the public Judgement by prefefIing
to believe in th- !hal!ownes Of your head, the pu-
nifty of your hearts DO mean TO flatter you, hen
declare that M admiration ofthc enc, is only equal
led by my detelation of the other.
Perhaps it may be aiked how condua, which
plainly betrays the truth Of the charges aedged sgan
you, conhR with your understanding and talents.
The anfwer eaiy. a very limited knowledge is fulfil
Gent inform US, tina, paidons prejud;ees more fire.
Sueuy direct the actions of men, than prudence and
judgement that the very TO hide partaiities,
often betrays them; and that means, altho indirect,
konistss pcp, aud defeat the end for which they
were calculated.
The examination of Aaron Burr before you at the
Eagle Tavern in Richmond prelun,e final ;
the proceedings the capitol the ucceeding day.
nothing than continuation OF that exami
nation make this concuiion becaufe the functions
OF an examining na.,i Crate eeae, as uch immediate
ly on his determining the probable guilt or innocence
Of the accuTed and diicharging, bailng committing
TO the cuflody of the priicner.
II you had decided upon theprobpble guilt of Aaron
Burr at the Eagle Tavern, your functions were iye
taSas Discharged, and you could not have re-examin-
I'd him OH the fame the day the CAPT
to; for YOU would have had no jurifdicton, having
previouly decided on the fame charges.
Do tine laws Of Congress, or the Gate of Virginia
authorize an examining magRra:e take the body of
,he accufed of the cufody of the officer having
agantt him, and bail, diicharge commit
him 9rsoisa. 20 tie ds;,u Of 6s probable sah inns-
Is not the right to ball. Sc. eoniequent of the deci-
ion OF the cafe upon the exhibition Of the teimony
If is from whence derive the legal right to bail A
Burr during tie e,annafion andbo-e tie deivssy Of an
eeinisa aesr t5iJ edlt ?
But iuppoie thi. TO be one of the powers coniided
to the found dfcresion of examining magiitrate;
that he might make any temporary order ena1f<
<sarina'one, TO fnt his convenience that Of the
accued, father the caufe of juRicr, or humani-
ty; was this cafe where the exerce Of that dcre-
tonary power neoeiIary, either for the purpofe
cf humanity, of juace, OF fuch convenience,
compatible with the fate keeping of the accufsd until
final dceiGon
Every man who fecolleefs that Richmond wa. the
fceue Of the examination, NUT know that A. Burr
might have been accommodated in the euitody OF the
rnarfha for day without being put any incon-
Venence iuff;cent juitify you giving him cp-
portunity to cicape, Do you believe that he had any
thing fear from the cruelty any fuppoiable
rudenefs of Major Scott |! You muh know that the
pol,ene(s of the martial would have afforded to his
charge every accommodation which was coniiRsut
with his duty,
For what purpofe then, fir If you had the right,
did you bail A. Burr b1Desn TIE tiSp< Of tb preate
animation tie Eagle Ta0s,n and tie tsbe tie
" nest day at tie CaeitI'
defy all the FedvraliRs, traitors, cafuin., and
yeluts Of council for you, to help you to one good
rra(on.
This extraordinary and illegal at of partially and
tenderness doubt relieved the groundsfs fears of
Burr. The very at which gave him opportunity
to efcape, proved inconteiabiy that flight was not
neceary to his fafety; that he had literally friend
at esuy But il (eems, that the humanity of the a6
was even exceeded by the mercy of the You
were determined to lay reraint the exercfe OF
his understanding to the ezPrdiency of fight AL
though you has convinced him that he liould have
all the advantages of trial without rfque his per-
.on ys you did with that he fhould be compelled
BY any pecunary conhderations TO experience during
tfs tedious ferns of trial, the many little favors
chief iunice can confer. You therefore baed him in
the FUN of do!s. 5000, before the examination was
terminated, while il yet undetermined whether
there was aot probable cauie believe that he
guilty of he hgheG crime which member Of focety
gan coumit-treafon aganlt his country.
and yet, on 4 iuccecdng day, alter examnati-
IN Of all the evidence and diicu!on upon its merits
after folennly determining that there not probs
he cauie 20 believe that reaion had been committed
by The aceured, you s. gured bail the OF
aos 10000 for probable caue believe that he had
beeR guity Of nlidemeanor only .............!
When It is doubtful whether the aceufed had not
committed both trcafou and mifdemeauor, you bail
him in dos 5000, when it is afcertaiued that he is
,robaby guilty of n,iideneanor only, sou require bal
IN 10000 dots.
You Will foon be expert at the inveriion Of NUN
hers as you now are at tie petverion of julce. Ac
cotding to your judicial arithmetic, if crime FIVE
tbu(and times criminal and 6etetable than
ION could be devifed and perpetrated, the offender
ought 10 be baied in the fun of one dollar.
IN attribute thefe AIS of moDifrou' and mani'eh
arilty IN the icpud difcretion Of an upright judge,
rsouid difsrace the understanding Of al deo;. The
sryefiar Of Judge 10 his unbridled and maynard
viii bat the difeeTuing of that which is ju0,
DING "a the laws and cuaoms Of his country. IL will
BE much CATER find pyreolcnt for paf,iality 20 el
ter yonrfelf than TO prove 20 your countrymen the
pu,yof your principles the proPriety Of your con-
dBi.
You nigh; have gone much farther, and cited pre-
e,dent, Tor YOUR fatida1ion. II A. Burr had been
6rought before you with the cup Of potion and the
fyord Of tresfon in his hands, you might have baied
hin, aud have fatisied civilians with the authority Of
Iord Mansfield, who bailed itior taken with the
aoen goods in his hands But all Of US are NOT civil
FANS and fome DOUBT the Propfety of following
bad example aitho' it aRomes the maps Of law pre-
cedeni.
IL would ). well therefore, before you cite autho-
rites To prove their legality and jutee, and that
,heir sv;for, he'd not the fame preemneot claims TO
Uubiic fnlrieion and animadverfou, By which you