. 3 Dall.
) 79–120. The opinions are also printed as Dallas reported them in A Report of the Opinions of the Judges in the Important Cause of Pen hallow et al. against
(Phila., 1795). James Wilson did not participate, presumably because he had been
of counsel in the argument before the Court of Appeals, note 84
above. See Surrency, ed., “Minutes of the Supreme Court,” 5
Am. Jour. Legal Hist.
375–378, 381. Cushing, who had had the same issue before him as a state judge, did
not exhibit a similar delicacy, but showed that he was unbiased, by reversing his
earlier stand. See note 88