Henry Baldwin, Beers v. Haughton — Dissent
“ A circuit court may be holden by a judge of this court, or in his absence by the district judge alone; and either has the same power to make rules of court, as both together. The question is simply this. The constitution-the rights of other states-the judicial power granted to the United States as declared by this court, are violated by a state insolvent law. Yet a circuit court adopts, by a rule of its own, that state law as the rule of its decision, and renders a judgment according to its provisions; and this is the case before us. The plaintiffs are citizens of New York ”
