The examination of witnesses by the grand jury continued from day to
day until June 24th, when in the midst of an argument by Mr. Botts for
an attachment against General Wilkinson for endeavoring to prevent the
free course of testimony, the grand jury entered the courtroom, and
speaking through its distinguished foreman, stated that they had agreed
upon several indictments, which he handed to the clerk of the court.
The clerk then read the following endorsements thereon:
“An indictment against Aaron Burr for treason--a true bill.”
“An indictment against Aaron Burr for a misdemeanor--a true bill.”
“An indictment against Herman Blannerhassett for treason--a true bill.”
“An indictment against Herman Blannerhassett for a misdemeanor--a true
bill.”
The grand jury then adjourned until the next day, and at the conclusion
of Mr. Bott’s argument on the motion for attachment, Colonel Burr with
his wonted serene and placid air arose and stated to the court, that
as true bills had been found against him, it was probable, the United
States Attorney would move for his commitment; he would, however,
suggest two ideas for the consideration of the court. “One was that it
was within their discretion to bail in certain cases, even when the
punishment was death; and the other was, that it was expedient for
the court to exercise their discretion in this instance, as he should
prove, that the indictment against him had been obtained by perjury.”
Mr. Hay moved for his commitment. He stated that if the court had
the power to bail, it was only to be exercised according to their
sound discretion. After much time had been spent in debate, the Chief
Justice observed that “he was under the necessity of committing Colonel
Burr.” He was accordingly committed to the custody of the Marshal, and
conducted to the city jail, for the County of Henrico and the City of
Richmond; but two days later on the affidavit of his counsel, who had
visited him in his confinement, that the miserable state of the prison
would endanger his health, and that it was so arranged as to deprive
him of consultation with his counsel, and upon the further report of
the Surveyor of the Public Buildings of the United States, the court
entered the following order:
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