James Iredell, 1751-1799, Lawyer, Statesman, Judge;

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Policy then might be argued from with a view to preponderate the judgment.
Upon the question before us I have no doubt. I have, there- fore, nothing to do with the policy, but I confess, if I was at liberty to sjDeak on that subject, my opinion on the policy of the case would also differ from that of the Attorney Gen- eral. It is, however, a delicate topic. I pray to God that if the Attorney General's doctrine as to the law be established by the judgment of this Court, all the good he predicts
...of it may take place and none of the evils with which, I have the concern to say, it appears to me to be pregiiant." In South Dakota V. North Carolina/^ the question, as there presented, was discussed and decided against the contention of the State by a divided Court of five to four. The present Chief Justice wrote a strong and well sustained dissenting opinion, con- curred in by Chief Justice Fuller, Justices McKenna and Day. The decree there was, however, confined to a statu- tory mortgage upon specific property.

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