[1048] _Ib._ 41-42.

[1049] _Burr Trials_, I, 41-42.

[1050] Jefferson to Nicholas, Feb. 28, 1807, _Works_: Ford, X, 370-71.

[1051] _Burr Trials_, I, 43.

[1052] _Ib._ 44.

[1053] In view of the hatred which Marshall knew Randolph felt toward Jefferson, it is hard to reconcile his appointment with the fairness which Marshall tried so hard to display throughout the trial. However, several of Jefferson's most earnest personal friends were on the grand jury, and some of them were very powerful men. Also fourteen of the grand jury were Republicans and only two were Federalists.

[1054] _Burr Trials_, I, 45-46. This grand jury included some of the foremost citizens of Virginia. The sixteen men who composed this body were: John Randolph, Jr., Joseph Eggleston, Joseph C. Cabell, Littleton W. Tazewell, Robert Taylor, James Pleasants, John Brockenbrough, William Daniel, James M. Garnett, John Mercer, Edward Pegram, Munford Beverly, John Ambler, Thomas Harrison, Alexander Shephard, and James Barbour.

[1055] Marshall's error in this opinion, or perhaps the misunderstanding of a certain pa.s.sage of it (see _supra_, 350), caused him infinite perplexity during the trial; and he was put to his utmost ingenuity to extricate himself. The misconstruction by the grand jury of the true meaning of Marshall's charge was one determining cause of the grand jury's decision to indict Burr. (See _infra_, 466.)

[1056] _Burr Trials_, I, 47-48.

[1057] Hay to Jefferson, May 25, 1807, Jefferson MSS. Lib. Cong.

[1058] _Burr Trials_, I, 48-51.

[1059] _Burr Trials_, I, 53-54.

[1060] Irving to Paulding, June 22, 1807, _Life and Letters of Washington Irving_: Irving, I, 145.

[1061] _Burr Trials_, I, 57-58.

[1062] _Burr Trials_, I, 58-76.

[1063] "I ... contented myself ... with ... declaring to the Audience (for two thirds of our speeches have been addressed to the people) that I was prepared to give the most direct contradiction to the injurious Statements." (Hay to Jefferson, June 14, 1807, giving the President an account of the trial, Jefferson MSS. Lib. Cong.)

[1064] He was hanged in effigy soon after the trial. (See _infra_, 539.)

[1065] It must be remembered that Marshall himself declared, in the very midst of the contest, that it would be dangerous for a jury to acquit Burr. (See _supra_, 401.)

[1066] He had narrowly escaped impeachment (see _supra_, chap. IV), and during the trial he was openly threatened with that ordeal (see _infra_, 500).

[1067] _Burr Trials_, I, 79-81.

[1068] See _supra_, 390-91.

[1069] Jefferson to Hay, May 26, 1807, _Works_: Ford, X, footnote to 394-95.

[1070] _Burr Trials_, I, 81-82.

[1071] _Ib._ 82.

[1072] _Ib._ 84-85.

[1073] _Burr Trials_, I, 91.

[1074] _Ib._ 94.

[1075] _Ib._ 95-96.

[1076] _Burr Trials_, I, 492-97.

[1077] _Burr Trials_, I, 509-14.

[1078] _Burr Trials_, I, 97-101.

[1079] _Ib._ 97.

[1080] _Md. Hist. Soc. Fund-Pub. No. 24, 22._

[1081] _Blennerha.s.sett Papers_: Safford, 468-69.

[1082] _Burr Trials_, I, 101-04.

[1083] _Burr Trials_, I, 105.

[1084] The men who went on this second bail bond for Burr were: William Langburn, Thomas Taylor, John G. Gamble, and Luther Martin. (_Ib._ 106.)

[1085] _Blennerha.s.sett Papers_: Safford, 315-16.

[1086] _Eaton_: Prentiss, 396-403; 4 Cranch, 463-66.

[1087] _Blennerha.s.sett Papers_: Safford, 425.

[1088] Jefferson to Hay, May 28, 1807, _Works_: Ford, X, 395-96.

[1089] Jefferson to Eppes, May 28, 1807, _Works_: Ford, X, 412-13.

[1090] Hay to Jefferson, May 31, 1807, Jefferson MSS. Lib. Cong.

[1091] Jefferson to Hay, June 2, 1807, _Works_: Ford, X, 396-97.

[1092] Same to same, June 5, 1807, _ib._ 397-98; Hay to Jefferson, same date, Jefferson MSS. Lib. Cong.; and others cited, _infra_.

[1093] Jefferson to Dayton, Aug. 17, 1807, _Works_: Ford, X, 478.

[1094] Irving to Mrs. Hoffman, June 4, 1807, Irving, I, 142.

[1095] _Ib._

[1096] Burr had seen the order in the _Natchez Gazette_. It was widely published.

[1097] _Burr Trials_, I, 113-14.