Volume III Part 63 (1/2)

[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.