8225. SUPREME COURT, Individual opinions.—[further continued].
I rejoice in the example
you set of seriatim opinions. Some of your
brethren will be encouraged to follow it occasionally,
and in time, it may be felt by all
as a duty, and the sound practice of the
primitive court be again restored. Why
should not every judge be asked his opinion,
and give it from the bench, if only by yea or
nay? Besides ascertaining the fact of his
opinion, which the public have a right to
know, in order to judge whether it is impeachable
or not, it would show whether the
opinions were unanimous or not, and thus
settle more exactly the weight of their authority.—
To William Johnson. Washington ed. vii, 298.
Ford ed., x, 232.
(M.
1823)
