"This is the first instance of a final difference of opinion in this Court since I sat here. Every Order, Bule, Judgment, and Opinion has hitherto beenn unanimous. That unanimity never could have happened if we did not among ourselves communicate our sentiments with great freedom; if we did not form our judgments without any prepossession to first thoughts; if we were not always open to conviction, and ready to yield to each other's reasons. We have all equally endeavoured at that unanimity, upon this occasion: we have talked the matter over several times. I have communicated my thoughts at large in writing : and I have read the three arguments which have been now delivered. In short, we have equally tried to convince or be convinced: but, in vain. We continue to differ. And whoever is right, each is bound to abide by and deliver that opinion which he has formed upon the fullest examination."
January 1, 1970
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