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THE GREEN BAG
Brewer, nor of Mr. Harlan, nor of any other man, but the judgment of the Supreme Court of the United States — which is a different entity from an aggregation of nine distinguished lawyers. In journalism, that which has given to the press its mighty weight in the counsels of the people, is its anonymous character. Each editorial car ries, to the ear of the public, not the opinion of a man, but the vast and impressive sanction of Journalism. The verdict of a jury is not the sum of twelve men's opinions, but is a single, official, anonymous judg ment, having the same factitious effective ness which belongs to a court. That entity which is in the one case called a jury, and in the other a court, is in each a different thing from the sum of its members, and that which destroys its impersonality de stroys the authority by which alone it lives. Among the forms which Dissent has taken the most harmful is that which may he called the " Dissent of Warning." The office of this is to criticize the opinion of the court, and to warn an innocent public against the ills which will surely befall it if the court persists in its erroneous course. It seems strange that judges should indeed make such strictures on the judgments of their fellows; yet in the Northern Securities Case, in a concurring opinion more damag ing than any dissent, Mr. Justice Brewer goes so far as to say: "I have felt con Ill strained to make these observations for Of the many injurious aspects of the fear that the broad and sweeping language Dissenting Opinion, one of the most de of the opinion of the court might tend to structive is that by emphasizing the per unsettle legitimate business enterprises, sonal composition of courts it is subversive stifle or retard wholesome business activities, of their great anonymous authority. The encourage improper disregard of reasonable more impersonal their character, the more contracts, and invite unnecessary litigation." willing is the respect they earn. It is well And Mr. Justice Holmes, dissenting in the known that the courts of least dignity, as same case, says: "I am happy to know that the justices' courts, are those in which the only a minority of my brethren adopt an personality of the judge is the most striking interpretation of the law which, in my feature. The litigant who addresses the opinion, would make eternal the bellutn highest court in our land, however, asks, omnium contra omnes, and disintegrate sonot the opinion of Mr. Fuller, nor of Mr. cietv so far as it could into individual
MCLEAN: Yes. The voluntary act of the master in removing the slave to Illinois pre cludes any complaint on the part of the former as to the Illinois law; the question is not one of Missouri law alone, and the decision of the Missouri court is neither final nor correct; and the status acquired in Illinois could not be divested by a return to Missouri which was not voluntary. CURTIS: Yes. To the same effect as McLean, and in addition that the master's consent to his slave's marriage, in a free state, was an effectual emancipation, not to be questioned by any slave state. SEVENTH. — THE STATUS OF THE SLAVE. TANEY: At the date of the Constitution, the negro race had no rights which the white man was bound to respect; the negro was a mere chattel, an article of merchan dise, and a subject of traffic; and he could not be considered otherwise, in law, until the Constitution should be changed. MCLEAN: A slave is not a mere chattel. He bears the impress of his Maker, and is amenable to the laws of God and man; and he is destined to an endless existence. Two days after the inauguration of James Buchanan, this strange judicial spectacle was revealed to an awaiting world. Scarcely had his great successor taken his seat, before the voice of violent appeal spoke from Charleston harbor, and War was framing her severe and sure decree.
