The Life of John Marshall Volume III Part 63

[1239] _Ib._ 193-94.

[1240] _Ib._ 200-19, 235.

[1241] See vol. II, 201, 428, of this work.

[1242] _Burr Trials_, II, 237-80.

[1243] Blennerha.s.sett, in his diary, makes frequent mention of Martin's drinking: "Martin was both yesterday and to-day more in his cups than usual, and though he spared neither his prudence nor his feelings, he was happy in all his. .h.i.ts." (_Blennerha.s.sett Papers_: Safford, 438.)

"I ... recommended our brandy ... placing a pint tumbler before him. No ceremonies r.e.t.a.r.ded the libation." (_Ib._ 377.)

"Luther Martin has just made his final immersion into the daily bath of his faculties." (_Ib._ 463.)

[1244] _Burr Trials_, II, 260.

[1245] _Burr Trials_, II, 262.

[1246] _Ib._ 275-79; see also 339-42, 344-48.

[1247] _Burr Trials_, II, 334.

[1248] _Ib._ 377.

[1249] One of those who told Martin this was Marshall himself. See _supra_, 401.

[1250] _Burr Trials_, II, 377-78.

[1251] Randolph made another speech, but it was of no moment.

[1252] See _supra_, footnote to 499.

[1253] _Blennerha.s.sett Papers_: Safford, 367.

[1254] _Burr Trials_, II, 401; also in 4 Cranch, 470.

[1255] 25th, of Edward III.

[1256] _Burr Trials_, II, 402-03; 4 Cranch, 470.

[1257] _Burr Trials_, II, 403; 4 Cranch, 471.

[1258] _Burr Trials_, II, 404-05; 4 Cranch, 472.

[1259] The doctrine that accessories are as guilty as princ.i.p.als.

[1260] _Burr Trials_, II, 406-08; 4 Cranch, 476. This reference is to Jefferson's explanation of Marshall's opinion in Bollmann and Swartwout, which Giles and other Republican leaders were proclaiming throughout Virginia. It had been adopted by the grand jury; and it was this construction of Marshall's language under which they returned the bills of indictment for treason. Had the grand jury understood the law to be as Marshall was now expounding it, Burr would not have been indicted for treason.

[1261] _Burr Trials_, II, 409; 4 Cranch, 476.

[1262] _Burr Trials_, II, 409-13; 4 Cranch, 477-80.

[1263] _Burr Trials_, II, 415; 4 Cranch, 481.

[1264] _Burr Trials_, II, 415-23; 4 Cranch, 482-88.

[1265] _Burr Trials_, II, 425; 4 Cranch, 490.

[1266] This part of Marshall's opinion (_Burr Trials_, II, 425-34; 4 Cranch, 490-504) is reproduced in full in Appendix F.

[1267] _Burr Trials_, II, 426; 4 Cranch, 492.

[1268] _Burr Trials_, II, 429; 4 Cranch, 494.

[1269] _Burr Trials_, II, 430; 4 Cranch, 495.

[1270] _Burr Trials_, II, 436; 4 Cranch, 500.

[1271] _Burr Trials_, II, 436-37; 4 Cranch, 500. These paragraphs furnish a perfect example of Marshall's method of statement and logic--the exact ant.i.thesis plainly put, the repet.i.tion of precise words with only the resistless monosyllables, "if" and "then," between them.

[1272] _Burr Trials_, II, 437; 4 Cranch, 501.

[1273] _Burr Trials_, II, 443; 4 Cranch, 506.

[1274] _Burr Trials_, II, 444-45; 4 Cranch, 507.

[1275] _Burr Trials_, II, 446.

[1276] _Burr Trials_, II, 446-47. Martin was right; the verdict should have been either "guilty" or "not guilty."

[1277] _Blennerha.s.sett Papers_: Safford, 339.

[1278] _Burr Trials_, II, 447.

[1279] _Blennerha.s.sett Papers_: Safford, 356-58; and see Adams: _U.S._ III, 448, 464-65. Duane was known to have unbounded influence with Jefferson, who ascribed his election to the powerful support given him by the _Aurora_.

Government agents also tried to seduce Colonel de Pestre, another of Burr's friends, by insinuating "how handsomely the Col. might be provided for in the army, if his principles ... were not adverse to the administration." De Pestre's brother-in-law "had been turned out of his place as Clerk in the War Office, because he could not accuse the Col.

of Burr-ism." (_Blennerha.s.sett Papers_: Safford, 328-29.)

[1280] _Burr Trials_, II, 448-49.

[1281] _Ib._ 455.

[1282] Jefferson to Hay, Sept. 4, 1807, as quoted in Adams, _U.S._ III, 470; and see _Jefferson_: Randolph, IV, 102.

[1283] Adams: _U.S._ III, 470.

[1284] See _infra_, 524.

[1285] _Burr Trials_, II, 473-80.