With his customary courtesy the Chief Justice thanked the jury for its patient attention during the whole course of the long and tedious trial and dismissed it. Attorney Hay, recognizing the hopelessness of getting a verdict of treason on the basis of the assemblage on Blennerhassett Island therefore entered a _nolle prosequi_ to the indictments of Blennerhassett and the other alleged conspirators. That is to say, having failed to convict Burr, the Government would drop the charges against his subordinates. However, Hay asked that they and Burr as well be still held on charges of treason on the possibility of some other overt act elsewhere being charged against them. This move was made by Mr. Hay at the instigation of President Jefferson. Again the Chief Justice listened patiently through another long argument over the legal point involved. When it was over he ruled against the request, pointing out that all of them still had to be tried before the present Court on a charge of misdemeanor. Yet another protracted argument arose over the proper bail for Aaron Burr. His counsel contended that he should give none at all. Now that the Colonel’s neck was safe it was no longer necessary for the Chief Justice to make every concession the defense requested. He insisted upon bail and ordered it set at $5,000. In spite of the defense’s contention that no one dared perform this favor for Colonel Burr because of public opinion two sureties at once presented themselves and, on September 8, Aaron Burr found himself a free man. For nine weeks he had been under confinement. This being the sickly season in Washington the President had retired to Monticello. Postmaster Gideon Grainger had installed a special courier service between Washington, Richmond, and Monticello and Secretary of State Madison’s summer home, Montpelier. It was to Monticello that Hay reported to the President on the Government’s defeat which he attributed to the unfriendly attitude of Judge Marshall. To show that this was not his opinion alone he stated that “Wirt, who has hitherto advocated the integrity of the Chief Justice, now abandons him. This last opinion has opened his eyes, and he speaks in the strongest terms of reprobation.” Jefferson was willing enough to adopt this excuse for the failure of the prosecution. He replied at once, “Yours of the 1st came to hand yesterday. The event has been what was evidently intended from the beginning of the trial; that is to say, not only to clear Burr, but to prevent the evidence from ever going before the world. “But this latter must not take place. It is now, therefore, more than ever indispensable that not a single witness be paid or permitted to depart until his testimony has been committed to writing....