Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1807-12-04

rant against him, andto bail, discharge or
commit him trevious TO the decision his
probable guh or innocence
Is not the right to bail, &c. consequent
Of the decision the case upon the exhbi-
ton of the testimonyi JfitIs, from whence
derive the legal right to bail Aaron Burr,
during the examination and before tie de-
Query IF an CLINTON nhon his case,
But suppose this to be one of the powers
conhded to the sound discretion of an ex-
amining magistrate; that he might even
make any temporary order hendentc era-
nnn0.ionc, to suit his own convenience,
that of the accused, or to farther the cause
of justice, or humanity; was this case
where the exercise of that discretionary
power was necessary, either for the pur-
pose of humanity, Of justice, or such con-
venience, rs was compatible with the safe
keeping of the accused until final Geci-
sion
Every man whorecollects that Richmond
was the scene of the examination, must
know that A. Burr might have been ac-
commodated in the custody of the marshal
for one day without being put to any in
convenience sufficient to justify you in 81
wing him an opportunity to escape. Do
YOU believe that he had any thing to fear
from the cruelty, or even any Surposable
rudeness of Major Scott? You must know
that he poiiteness of the marshal would
have afforded to his charge every accom-
mediation which was consistent with his
dsty.
For what purpose then, sir, if you had
the right, did you bail Aaron Burr, be-
fT'een me time Of The hripafe examination
ar the Eagle 2dUcrn, and the h,5ic one
the Uery nert day ar the Cabitoi?
defy all the federalists, traitors, casu-
lists, and iesuits of council for you, to help
you to one good reason.
This extraordinary and illegal act of
partially and tenderness no doubt relieved
the groundlcss fears of B,,rr. The very act
which gave him m opportunity to escape,
proved incontestably that fight waSnot nc
cessary to his safety; that he had literal
ly I" a friend az court" But it sscms, that
the humanity of the act was even exceeded
by the mercy of the means You were de-
termined to lay no restraint on the exercise
OF his understanding as 10 the expediencv
| OF fight. Although you had convinced
nm that he should have all the advantages
OF trial without risque to his person, vet
! you did not wish that he should be compel
led nv any pecuniary considerations to ex-
peucnce during the tedious forms of a tri-
al, the many little favors a chief Justice
can confer You therefore bailed him in
the sum of 8 5000, before the examina-
ton was terminated, while il was vet I'M
determined whether there was not proba.
| bic cause to believe that he was guilty of
the highest crime which member of So
| clety can commit-treason against his
country.
! And yet, on succeeding day, after an
examination Of all the evidence, and dis
cussion upon the merits, after solemnly de-
, termining that there was not probable
cause to believe that treason had been COM
mittcd by the accused. You required bail
to the amount of 8 10 coo for probable
cause to believe that he had been guilty of
misdemeanor only
When 1t is doubtful whether the accused
had not committed both treason and INSIDE
meanor, YOU bail him in s 5000; when it
is ascertained that he is probably guilty OF
mi demeanor only, you require bail in TO-
600 dollars!
You will soon be as expert at the inver-
sion of numbers, as you now arc at the per-
version ofiustice. According to your iufi-
cial arithmetic, if a crime FIVE thousand
times more criminal and detestable than
treason could be devised and perpetrated,
the offender onsht to be baied in the sum
of one dollar.
10 attribute these acts of monstrous and
manifest p1rtiality to the sound discrctiog
1T an upright judge, would disgrace the
understanding Of an ideot. Tbs discretion
OF judge, is not his unbridled and way
ward will, but the discerning of that which
is Just, according TO the laws and customs
ct his country 1t will be much easier to
md a hrecetient for partially to shelter
Yourself, than to prove to your countrymen,
the purity of your principles, or the pro-
priety Of your conduct
You might have gone much farther. and
cited precedents for your satisfaction. IfI
n. Burr had been brought before YOU.
with the cup of poison and sword of treason
in his hands, you might have baied him
and have satisfied civilians with the au
thority of lord Mansfield, who bailed fe-
Ion taken with the stolen goods in his hands
But all OF us are not civilians, and some e.
ven doubt the propfiety o. following n bad
example although it ASSUMES the shape oil
a new precedent.
1t would he we'll therefore, before you
cite authorities, to prove their legality and |
Justice, and that their authors had not the |
same pre-eminent claims to public suspi |
cion and animadversioD, by which you are
at present distinguished. You are not the |
only chief justice whose lsbors have not
been properly rewarded. The throttle of
the y. y have yet the power Of doing vou
some justice through the medium Of consti
tutiOnal DrOvi sion and 4 hone tl,s,, ,.;1t =, =,