A whole month was allowed to elapse before juryman William Daniel Jr. at last straightened out the matter. The motion was not to present Wilkinson for “high treason,” but for “misprision of treason.” And, said Mr. Daniel, the jury had been seven for and nine against.
In view of the battering he had received from the Grand Jury in his gallant effort to serve the Administration, the poor, maltreated General was gravely in need of sympathy and moral support. And he got it. To his lamentation the President replied: “Your enemies have filled the public car with slanders and your mind with trouble on that account. The establishment of their guilt will let the world see what they ought to think of their clamors; it will dissipate the doubts of those who doubted for want of knowledge and will place you on higher ground in the public estimation and public confidence.” Then wholeheartedly and without reservation Jefferson declared: “No one is more sensible than myself of the injustice which has been aimed at you. Accept, I pray you, my salutations and assurances of respect and esteem.”
Surely no President of the United States ever expressed gratitude in such extravagant terms to a subordinate who deserved it less. Necessity makes strange bedfellows.
While the Grand Jury was behind closed doors examining witnesses, stagnation settled on the courtroom. Again there was need for diversion to while away the time. The ever-resourceful Burr, seldom wanting for an idea, supplied it. He moved that an attachment be issued against General Wilkinson for contempt in obstructing the administration of justice by rifling the mails, imprisoning witnesses, and extorting testimony by torture. The allusions were to his behavior in New Orleans.
The motion at least afforded opportunity for several witnesses to pour out lurid stories of their experiences at the hands of the tyrant. It caused Wilkinson personal embarrassment—if that were possible—by bringing him back into court, and gave counsel on both sides a chance to disport themselves in prolonged argument.
On June 24, while these arguments were being heard, the Grand Jury, led by its foreman, John Randolph, filed majestically into the courtroom and took seats in the jury box. Argument on Burr’s motion was immediately suspended. A profound silence fell over the assemblage and every ear was strained as Mr. Randolph, addressing the bench, announced that the jury had agreed upon several indictments. He then handed the official document to the clerk who read aloud the endorsements:
“An indictment against Aaron Burr for treason.”
“An indictment against Aaron Burr for misdemeanor.”
“An indictment against Harman Blennerhassett for treason.”
“An indictment against Harman Blennerhassett for misdemeanor.”