[1142] Testimony of Joseph C. Cabell, one of the grand jury. (Annals, 10th Cong. 1st Sess. 677.)
[1143] "Mr. Swartwout ... discovered the utmost frankness and candor in his evidence.... The very frank and candid manner in which he gave his testimony, I must confess, raised him very high in my estimation, and induced me to form a very different opinion of him from that which I had before entertained." (Testimony of Littleton W. Tazewell, one of the grand jury, Annals, 10th Cong. 1st Sess. 633.)
"The manner of Mr. Swartwout was certainly that of conscious innocence." (Testimony of Joseph C. Cabell, one of the grand jury, ib. 677.)
[1144] See supra, 426-27.
[1145] Forty-eight witnesses were examined by the grand jury. The names are given in Brady: Trial of Aaron Burr, 69-70.
[1146] Burr Trials, i, 305-06; also "Bills of Indictment," MSS. Archives of the United States Court, Richmond, Va.
The following day former Senator Jonathan Dayton of New Jersey, Senator John Smith of Ohio, Comfort Tyler and Israel Smith of New York, and Davis Floyd of the Territory of Indiana, were presented for treason. How Bollmann, Swartwout, Adair, Brown, and others escaped indictment is only less comprehensible than the presentment of Tyler, Floyd, and the two Smiths for treason.
[1147] Blennerhassett Papers: Safford, 314. "Two of the most respectable and influential of that body, since it has been discharged, have declared they mistook the meaning of Chief Justice Marshall's opinion as to what sort of acts amounted to treason in this country, in the case of Swartwout and Ogden [Bollmann]; that it was under the influence of this mistake they concurred in finding such a bill against A. Burr, which otherwise would have probably been ignored."
[1148] Burr Trials, i, 327-28.
[1149] Hay to Jefferson, June 25, 1807, Jefferson MSS. Lib. Cong.