Vermont Bar Journal, Vol. 40, No. 2 Winter 2016, Volume 41, No. 4 | Page 14

Ruminations that I have no sympathy with any class of men, who make war upon this statute, or any other law of the state, in a spirit of preconceived reproach, of opprobium, and hypercriticism, of which character I have felt compelled to regard, most of the former attacks upon this law, and while I would cheerfully and gladly uphold this law, and all laws, against any and all such attacks, with the tittle of zeal and strength accorded to me, I cannot but regard it as altogether unadvised and ill-judged, to push the defence of a statute, and especially a statute upon the subject of sumptuary law, a subject so rife with jealousy and suspicion, in all periods of the history of civilized states; to push the defence of such a statute any further than we can fairly justify our course, by just construction, and sound and sensible exposition, seems to me doing an essential disservice to the cause of legal administration, in general, and upon this exciting subject, in particular ... It has been therefore with less regret, since the obnoxious provisions no longer exist, and the decision will not therefore be regarded as of much practical importance, that I have felt compelled to the conclusion, that the provisions in this twelfth section, as it originally stood, in regard to proof are characterized by a degree of onesidedness, so to speak, which would never have been attempted, upon any other subject, and is absolutely indefensible upon all subjects.27 Here for a third time Redfield reveals his biloquist skill, condemning the majority while writing the majority decision. He confesses his great doubts about the wisdom of the decision and is relieved no future court will follow it. In Hyde v. Jamaica (1855), Bennett reversed the trial court and declared the town not liable for the death of a man who, finding a bridge swept away in a storm, had used a fordway, and been drowned. Judge Pierpoint Isham wrote a concurring opinion, agreeing with the ruling on slightly different grounds. Redfield dissented wryly. “I feel no disposition to enter into any labored argument in vindication of my opinion,” he wrote. “It is not probable the decision, being by a divided court, will be regarded as establishing any important principles in the law, upon matters hitherto controverted.” Where most dissents up to this time began with a s