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In 1825 that eminent jurist, Chief Justice Gibson of Pennsylvania, in a dissenting opinion in Eakin v. Raub, 12 S. & R. 330, insisted in an able, elaborate, and exhaustive argument that while the judiciary was bound to refuse effect to a state statute in conflict with the Federal Constitution, it was bound to give it effect if repugnant only to the state constitution.
He frankly admitted the logical conclusion that in such case the only remedy the citizen had to enforce his constitutional rights was that of revolution. When, however, his opinion in Eakin v. Raub was cited in 1845 in argument in Norris v. Clymer, 2 Pa. St. 277, he said he had changed his opinion on that question, partly "from experience of the necessity of the case."
As eminent a jurist as Chief Justice Gibson of Pennsylvania, as late as 1825, gave a very able dissenting opinion in opposition in Eakin v. Raub, 12 S.&R., 344. Memoirs, I, 322. Hepburn v. Griswold, 8 Wallace 603. Decided in conference on Nov. 27, 1869, more than a month before Grier's resignation. Knox v. Lee, 12 Wallace 457. Pollock v. The Farmers' Loan & Trust Co., 158 U.S. 715. In 1889 Mr.
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