The Life of John Marshall volume 3

Cover The Life of John Marshall volume 3
The Life of John Marshall volume 3
Albert J Beveridge
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3 Burr Trials, i, 529.
WHAT IS TREASON? 491 Edmund P. Dana testified that, with two other young men, he had gone in a skiff to the island on that war-levying night.^ In the hall he saw about "fifteen or sixteen" men — "one of them was run- ning some bullets. " Dana was shown to another room where he met "colonel Tyler, Blennerhassett, Mr. Smith of New- York . . And three or four other gentlemen. " He had met Tyler the day before, and was now "introduced to Mr. Smith and Doctor M'Castle^ who had
... his lady . . There. " The men in the hall "did not appear to be alarmed" when Dana and his companions came in. Dana "never saw colonel Burr on the island. " ^ The Government's counsel admitted that Burr was in Kentucky at that time.^ Such was the testimony, and the whole of it, ad- duced to support the charge that Burr had, at Blen- nerhassett's island, on December 13, 1806, levied war against the United States. Such was the entire proof of that overt act as laid in the indictment when Marshall was called upon to make that mo- mentous decision upon which the fate of Aaron Burr depended.

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