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Dear Spooner, Had I found, on my return hither,
yesterday, half of the city gone into the country, leaving yourself behind, I
should not have felt the loss half so deeply as I have felt your sudden
departure for Athol. And my sorrow is
no-win [?] diminished by the occasion of your absence. But I’ll hope to see you
back soon. Your requests, touching Mrs. Hildreth & her worse half, and that
pretty Mrs. Sargeant, I will, of course, comply with. At Brookfield, I had a conversation with a
lawyer, who insisted, as many others, as most others, insist, that all inferior
courts are bound by the decisions of the Supreme Court of the United States;
that, for example, the latter having decided, in the case of Prigg vs.
Penn., that the slaveowner has a right to take his slave wherever he finds him,
Judge Shaw nor Judge Story would have had any right to discharge Geo. Latimer [?];
that, to take another example, should the Sup. C. of the U.S. decide a certain
case, now pending before it, in favor of the rumsellers, no State Court, no
Judge of the U.S. Sup. C. with in his local jurisdiction, would have a right to
decide any similar case against the rumsellers. The lawyer quoted the U.S.
Const., and contended, that any other view of the matter would involve ananely[?].
I admitted, that the general, if not the universal, practice of the inferior courts
had been in favor of his view; but contended, that there is nothing in the
Constitution plainly prohibiting any inferior court from deciding all cases,
legitimately before it, according to its own understanding of the Constitution,
without of all regarding any decisions of the Sup. Court. I was unable, of
course, cite [sic] precedents for my opinion. Are there any? Is my opinion
itself sound, and therefore defensible? Can you give me some light on this
subject? And can you let me have it as early as Wednesday next, at I saw Judge Allen, yesterday. He spoke
highly of yourself; but had not yet found time to read your book; of which, I
told him, I wished he might think as well, as some of us thought of it,
and offer you his opinion of it. Give my love to Dr. Hart and his better
half. I think it creditable enough to him, that he is even the worse half of
such a whole. I wish the Dr. would give her for me one dozen kisses, which, it
makes me half mad to think I could have omitted impressing myself. Truly Yours, Geo. Bradburn Envelope:
Paid:
Charge E. Sewell, Lysander
Spponer, Esq., From
G. Bradburn |