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repeated, what he had said from the bench
when Chancellor & remarked that he would
remain on the bench during the trial, but
would not give any opinion in the case, unless
it should become necessary to a decision
of it. He did remain upon the bench with
the other Judges, but declined yniting with
them in their Consulation, altho invited
to do so. And yet strange to tell, in the
Report of the case, is published his dissenting
opinion, altho' in the opinion of the court as delivered
by Catron Ch. Just, it is inproply, stated, that
the Judges who tried the Case, were unanimous
& concurred in every particular.
His dissenting opinion was not delivered in
court, he said nothing about dissenting or
assenting - But this dissenting opinion of
his was prepared afterwards & filed with the
Clerk - where the Reporter found it, and
was directed by Judge G. to publish it,
notwithstanding the other Judges said, he
had not taken any part in the trial
or decision of the Case.
That Judge Green was actuated by improper
Motives I have no doubt; and as soon as
I received information of his dissenting opinion
I prepared an address to him, which I intended
to publish, for the purpose of exposing
him; but my friends, particularly Gibbs
& Rucks, objected to it, & I unfortunately
suffered myself to be overruled by them, which
I very much regret, & it is now too late
(That address, is somewhere in the Book
case, and I desire, that it may be preserved
& bound up with or copied into this M.S.)