[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 passage 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.