Newspaper Page Text
SOUTHERN
RECORDER.
VOL. II.
MILLEDGEVILLE, TUESDAY, JUNE 26, 1821.
No SO.
PUBLISHED WEEKLY,
(on Tuesdays)
BY S. GJW.VTLJUV/) Sf R. M. ORME,
THREE DOMiARS) IN ADVANCE) OR TOUR
DOLLARS AT THE EXPIRATION OF THE
XTIIAB.
tO* Advertisement*conspicuously inserted at
the customary rates.
Battle ok new Orleans.
from the BOSTON Daily advertiser.
The author of A Narrative of the Campaigns
nf the Di'Uil'i army at Washington and Jtew Or
leans, gives u particular account of the move
ments of the fleet from the Chesapeake to Ja-
tnnicu. and thence to the neighborhood of
New Orleans, of the landing of the troops, and
of (he several aolions before the city. After
describing the unsuccessful attack upon our
lilies from their batteries on the first of Janua
ry, he proceeds to give the following account
of the assault which Was made on the Stli.
“ It was determined to divide the ar-
mv, to send some across the river, who
-should seize the enemy’s guns and turn
(hem on themselves ; while (lie remain
der should at the same time make a ge
neral assault along the whole entrench
ment. Hut before this plan could be put
into execution, it would be necessary to
cut a canal across the entire neck of land,
from the Bayou de Catiline to the river,
of sufficient width and depth to admit of
boats being brought up from the lake.—
Upon this arduous undertaking were tlie
troops immediately employed. Being
divided into four companies, they labor
ed by turns, day and night j one party
relieving another after g stated number
of hours, in such ordeNns that the work
should never be entirely deserted. The
fatigue undergone during the prosecu
tion of this attempt, no words can suffi
ciently describe ; yet it was pursued
without repining, and at length, by un
remitted exertions, they succeeded in
effecting their purpose by the 6th of Ja
nuary.”
[He proceed- to state, that in the meantime
tnaj. gen. Lambert unexpectedly arrived with
two full regiments, mustering R00effective men
bach—ail'd that with the addition of n body of
Bailors and marines from the fleet, their num
bers now amounted to little short of 8000 men.
He says there were various reports of the A-
merican force, some stating them at 23, and o-
thers at WVXM).—He supposes 26,000 to be u-
bouttbe probable number.]
“ The canal, as 1 have slated, being
finished on the 6th, it was resolved to
lose no time in making use of it. Boats
were accordingly ordered for the trans
portation of 1400 men ; and Colonel
Thornton with the 86th regiment, the
marines and a party of sailors, were or
dered to cross the river. But a number
of untoward accidents occurred, to spoil
« plan of operations as accurately laid
down as any in (he course of the war.—
The soil through which the canal was
dug being soft, parts cif the bank gave-
way, and choaking up the channel, pre
vented the heaviest of the boats from get
ting forward. These again blocked un
the passage, so that none of those which
wore behind could proceed, and thus,
instead of a flotilla for the accommoda
tion of 1400 men, only a number of boats
sufficient to contain 350 were enabled to
reach their destination. Even these did
not arrive at the time appointed. Ac
cording to the preconcerted plan, Colo
nel Thornton’s detachment was to cross
tl*j river immediately after dark. 1 hey
were to push forward so as to carry all
the batteries, and point the guns before
day light; when on the throwing up of
a rocket, they were to commence firing
upon the enemy’s line, which at tue
same moment was to be attacked by the
main body of our army
In this manner was one part of the
force to act, while the rest were thus ap
pointed. Dividing his troops into three
columns, Sir Edward directed that gene
ral Keane, at the head of the 06th, the
light companies of the 21st, 4th, and
44th. together with the two black corps,
should make a demonstration, or stiam-
attack upon the right, that general Gibbs,
with the 4th, 21st, 44th and 03d, should
force the enemy’s left, while gen. Lam
bert with the 7th, and 43d, remained in
reserve, ready to act as circumstances
might require. But, in storming an en
trenched position, something more than
bare courage is required. Scaling lad
ders and fascines had, therefore, been
prepared, with which to till up the ditch
and mount the wall; and since to carry
these was a service of danger, requiring
n corps well worthy of dependnnoe, the
44th 'vas for that purpose selected as a
regiment ofsufficient numerical strength,
and already accustomed to American
rfare Thus were all things arrang
ed on the night of the 7th ; for the Oth
was fixed upon a* the day dccistvc of the
fate of New Orleans.
While the rest of the army, therefore,
Jay down to sleep till they should be
roused up to fight, Colonel Thornton
■with the 85th, and a corps of marines
and seamen, amounting in all to 1400
moved down to the brink of the
ynen, moveo ^ no ^ had
nrnsit^ therefore, the rest of his follow
ers, tlj Colonel put himself at the head
of his wn regiment, about fifty seamen,
and ns puny marines, and with this small
lorce, {insisting of no more than 340
men, fished off. But, unfortunately,
the lossnftinie nothing could repair.—
Instead if reaching the opposite bank, nt
least by Midnight, the dawn was beginning
to nppeat’before the boats quitted the
canal. I'.'was in vain that they rowed on
in perfect silence, with oars muffled,
gaining tbs point of debarkation without
being perceived. It was in vain that
they madegood their landing and formed
upon the beach, without opposition or
alarm ; davfiad already broke, aod the
signal rocktff was seen in the air, while
they were yek four miles from the bat
teries, which! ought hours ago to have
been taken. \
In the meatAtime, the main body arm
ed and moved forward some way in front
of the piquets. (There they stood waiting
for day-light, listening with the greatest
anxiety for tlie firing, which ought now
to be heard on Uie opposite bank. But
this attention nk exerted in vain, and
day dawned upofi them long before tliev
dpsired its appearance. Nor was Sir
Edward Packenhjm disappointed in this
part of his plan nlbnc. lostead of per
ceiving every think in readiness for the
assault, he saw hit troops in battle ar
ray, indeed, hut wit a ladder or fascine
upon the field. The 44th, which was
appointed to carry them, had either mis
understood or neglected their order* ;
and now headed the column of attack,
without any means being provided for
crossing the enemy’s ditch, or scaling his
rampart.
The indignation of poor Tackenham
on this occasion, may he imagined, but
cannot be described. Galloping towards
colonel Mullens, wh* led the 44th, he
commanded him instantly to return with
his regiment fur the ladders, but the op
portunity of planting them was lost, and
though they were brought up, it was on
ly tone scattered over the field by the
frightened bearers, for our troops were
by this time visible to the enemy. A
dreadful fire was accordingly opened up
on them, and they were mowed down by
hundreds, whilst they stood waiting for
orders.
Seeing that all his well-laid plans were
frustrated, Packenham gave the word to
advance, and the other regiment* leaving
the 44th, with the ladders ami fascines,
behind them, rushed on to the assault.
On the left a detachment ot the 95th,
21st, and 4th, stormed a three gun bat
tery and took it. Here they remained
for some time in the-expectation of sup
port ; none arriving, and a strong column
of the enemy forming for its recovery,
they determined to anticipate the attack,
and pushed on. The battery they had
taken was in advance of the body of the
works, being cut off from it by a ditch,
across which only a single plank was
thrown. Along this plank did these
brave men attempt to pass : but being
opposed by overpowering numbers, they
were repulsed ; and the Americans, in
turn, forcing their way into the battery,
at length succeeded in re-capturing it
with immense slaughter. On the light,
agnin, the 21st and 4th being almost cut
to pieces and thrown into some confu
sion by the enemy’s fire, the 93d push
ed on and took the lead. Hastening for
ward, our troops soon reached the ditch,
hut to scale the parapet without ladders
was impossible. Some few, indeed, by
mounting one upon another's shoulders,
succeeded in entering the works, but
these were instantly overpowered, most
off the field. All was now confusion and
dismay. Without leaders, ignorant of
what was to "be done, the troops first
halted, and then began to retire, till fi
nally the retreat was changed into a flight,
and they quitted the ground in the ut
most disorder. But the retreat was co
vered in a gallant style by the reserve.
Making a forward motion, the 7tlr and
43d presented the appearance °f a re
newed attack ; by which the enemy
were so much awed that they did not
venture beyond their lines in pursuit of
the fugitives.
While affairs were thus disastrously
conducted in this quarter, the party un
der Col. Thornton had gained the land
ing place. On stepping ashore, the first
thing they beheld was a rocket thrown
up a* a signal that the battle was begun.
This unwelcome sight added wings to
their speed. Forming in one little co
lumn, and pushing forward a single com
pany as an advanced guard, they hasten
ed on, and in half an hour reached a ca
nal, along the opposite bank of which
a detachment of Americans was drawn
up. To dislodge them was the work of
a moment. A boat, with a enrronade in
her bdta, got upon their flank, gave them
a single discharge ofgrape, while the ad
vanced guard extended its ranks, and ap
proached at double quick time. But
they scarcely waited till the latter weTe
within range, when, firing a volley, they
fled in confusion. Thi«, however, was
only an outpost. The main body was
some way in the rear, and amounted to
no fewer than fifteen hundred men.
It was not lung, however, before they
likewise presented themselves. Like
their countrymen on the other side, they
were strongly entrenched, a thick para
pet, with a ditch, covering their front ;
while a battery on their left swept the
whole position, and two field pieces com
manded the road. Of artillery the as
sailants possessed not a single piece, nor
any means, beyond what nature gave, of
scaling the rampart. Yet nothing daun
ted by the obstacles before them, or by
the immense odds to which they were
opposed, dispositions for an immediate
attack were made. The 85th extending
its files, stretched across the entire line
of the enemy, the sailors in column pre
pared to storm the battery, while the
marines remained’some little way in the
rear of the centre, as a reserve.
These arrangements being completed
the bogle sounded, and our troops ad
vanced. The sailors, raising a shout,
rushed forward, but were met by so hen
vy a discharge of grape and canister that
for an instant they paused. Recovering
themselves, however, they again pushed
on ; and the 86th dashing forward
their aid, they received a heavy fire of
musketry, and endeavored to charge.—
A smart tiring was for a few minutes kej
up on both sides, but our people had no
time to waste in distant fighting, and a
cordingly hurried on to storm (lie work
upon which a panic seized the Ameri
cans—they lost their order and lied,
leaving us in possession of their tents,
and 18 pieces of cannon.
In this affair our loss amounted to only
three men killed, and about forty woun
ded. Among the latter of whom was
Col. Thornton. Nor could the loss on
the part of {he enemy greatly exceed our
own. Had they stood firm, indeed, it is
hardly conceivable that so small a force
could have taken an entrenched position
from numbers so superior ; at least it
could not have been done without much
bloodshed. But the fact is, that they
were completely surprised. An attack
on this side was a circumstance of which
ofthem killed and the rest token ; while they had not dreamed ; and when men
as many as stood without were exposed are assaulted in a point which they deem
to a sweeping fire, which cut them down | beyond the reach of danger, it is well
Ytver. As yet, however,
arrived • hour after hour elapsed before
they came ; and when they did come,
Ihemisfortones which I have iitated*
wCTe discovered, for out of all that
,iad been ordered up, only a few made
their appearance. Still it was absolute
JLuU be curried into execution. Dis
hy whole companies. It was in vain that
the most obstinate courage was display
ed. They fell by the hands of men whom
they absolutely did rot see ; for the A-
mericans, without so much as lifting their
faces above the rampart, swung their|
firelocks by one arm over the wall, and
discharged them directly upon their
heads. The whole of the guns, likewise,
from the opposite bank, kept up a well
directed and deadly cannonade upon their
flank; and thus were they destroyed
without au opportunity being given of
displaying their valor, or obtaining so
much as revenge.
Poor Packenham saw how things were
going, and did all that a general rnnlil do
to rally his broken troops. Riding to
wards the 44th, which had returned to
the ground, hut in great disorder, he
called out for colonel Mullens to ad
vance ; hut that ollicer had disappeared,
and was not to he found. He therefore
prepared to lead them on himself, and
had put himselfat their head for that pur
pose, when lie received a slight wound
in the knee from a musket ball, whid
killed his horse. Mounting another, h
again headed the 44th, when a second
hall took effect move fatally, & he drop
ped lifeless into the arms of his aid-de
camp.
Nor were Generals Gibbs and Keane
inactive : riding through th« ranks, they
strove bv all means to encourage the as
sailants, and recal the. fugitives, till at
length both were winded, and hern
known that they defend themselves with
less vigour, than where such an event
wa» anticipated.
When in the act of storming these
line 5 , the wont was passed through our
ranks that all bail gone well on the op
posite bank. This naturally added to
the vigour of the assault ; but we had
not followed our (lying encmv above two
miles, when w e were commanded to halt.
The real state ofthe case had now reach
ed us, and the same messenger who
brought the melancholy news, brought
likewise an order to return.
The place where we halted was in
rear of a canal, across which was thrown
a wooden bridge, furnishing, apparently,
the ot.lv means of passing. At the op
posite end of this bridge stood a colh'c-
tion of wooden cottages, and one cha
teau of some size. Here a company wa
stationed to serve the double purpose of
•a piquet, and a rear guard ; white the
rest ofthe troops, having rested for half
an hour, began their march tow ai ds the
point where they had landed.
As soon as the main body had got suffi
ciently on their way, the piquet likewise
prepared to follow.
But in doing so, it was evident that
some risk must he run. The enemy hav
ing rallied, began once more to show n
front ; that is to say, pnrtics of sixty or
a hundred men now approached to recon
noitre. These, hovverer, must be de
ceived, otherwise a pursuit might he
ccmmcr.cqd| tied the re-embarkation of
the whole corps hindered or prevented.
1 he officer commanding the piquet ac
cordingly formed his men, and made n
show of advancing. Upon which the A-
merienn* fled ; when wheeling about, he
sot fire to the chateau, and, under cover
ot the smoke, destroyed the bridge and
retreated. Making all haste towards the
rear, he overtook his comrades just ns
they had begun to embark, when (tie lit
tle corps being once more united, en
tered tlieir boats, and reached the oppo
site bank without molestation.”
Jjfter the Battle of j\'ew-Orleans.
" As soon ns the whole nrmy was re
united, and the broken regiments had re
covered their order, a flag of truce w as
despatched with proposals for the buri
al ofthe dead. To accomplish this end,
a truce of two days was agreed upon, and
parties were immediately sent out to col
lect &; bury their (alien comrades. I'romp-
ted by curiosity, I mounted my horse and
rode to the front ; but of all the sights
ever witnessed, that which met me
there, was beyond comparison the most
shocking, and the most humiliating.—
Within the small compass of n few hun
dred yards, were gathered together near
ly a thousand bodies, all of them array
ed in British uniforms. Not a single A-
merican was among them ; all were Eng
lish and they were thrown by dozens in
to shallow holes scarcely deep enough
to furnish them with a slight covering of
earth. Not was this all. An American
officer stood by smoking a sugar, and ap
parently counting the slain with a look
of savage exultation ; and repeating o-
ver and over to each individual that ap
proached him, that tlieir loss amounted
only to eight tnen killed Si fourteen
wounded.
1 confess that when I beheld the
scene, I hung down my head, half in sor
row, mid half in anger. With my offi
cious informant i ’had every inclination
to pick a quarrel ; hut he was on duty,
and an armistice existed, both of which
forbade the measure. 1 could not how
ever stand by And repress my choler, and
since to give it vent would have snhjec
led. me to more serious inconvenience
than a mere duel, 1 turned my horse's
head and galloped back to the camp.
But the change of expression, visi
ble there in every countenance, no lan
guage can pourtray. Only twenty hours
ago, & all was life and animation ; where
ver you went you were enlivened by the
sound of merriment and raillery ; while
the expected attack was mentioned in
terms indicative not only of sanguine
hope, but of the most perfect confidence
as to its result. Now gloom and discon
tent every where prevailed. Disup
pointment, grief, indignation and rage
succeeded each other in all bosoms ; nay
so completely were the troops over
whelmed by a sense of disgrace, that f<
awhile they retained tlieir sorrow with
out so much as hinting at its cause. No
was this dejection occasioned wholly by
the conciousness of laurels tarnished
The loss of comrades was to the'full as
afflicting as the loss of honor ; for out of
more than 7000 men brought on this side
into the tielJ, no fewer than 2000 had fal
len.”
[The America® account of the baill
stated (hut the British toss was about
3000 killed, wounded and prisoners-
the American-7 killed and 0 wounded J
Among the ev ils to which he attributes
the loss of the battle, he particularly in
stances desertion.
“ To our soldiers every inducement
was held out by the enemy to desert.
Printed papers offering lands and money
as the price of desertion were thrown
into tlie piquets, while individuals made
practice of approaching our post*, and
onddavouiiug to persuade the very sen
tinels to quit their stations. Nor could
it he expected that bribes so tempting
would always he refused. Many deser
tion* began dally to take place, and be
came before long so frequent, that tiie e-
v i I rose to hi* of n serious nature.
“ There occurred, however, one in
stance of magnanimous fidelity on the
part of n British soldier, which 1 cannot
resist the inclination nf repeating. A
private of the 95th, whose name I shook
have joyfully mentioned had I not forgot
ten it, chanced one day to stand sentinel,
"her. lie was addressed by an American
officer. The American offeied him a
hundred dollars and a quantity of land if
he w ould come over ; representing at thr
same time the superiority of ademoncra-
tiral government, arid railing, as thes<
persons generally do, ngainst the title n
king. Though (he Englishman heard
what was said distinctly enough, he ne-
vorth* less pretended to he deaf, and beg
ged his tempter, to come little nearer,
that, in his own words, “ he might tell
him all about it.” Jonathan exulting nt
the prospect of drawing this fine fellow
from his duty, nppronr.hcd within twenty
paces of where he stood, and just ns'he
opened his mouth to renew the offer, the
sentinel, levelled his piece and shot him
through the arm. Nor was be content
ed with inflicting this punishment: walk
ing forward, he seized his wounded ene
my, and reproaching him with dishon
orable dealings, brought him in n prison
er to the comp. But unhappily conduc
uch ns this was rare ; in the course of
week many men quitted their colours
and fled to the enemy.”
The following incident related by the
author of the British Campaigns in A-
merica, reminds us of a story told by a
traveller in Ohio, who, seeing a hat in a
slough near him, reached out his cane
for the purpose of taking it, when on lift
ing it, lie was surprised to find a man
underneath, who informed him rather
calmly that he was fenrful of losing his
horse, which was still farther below—
There i* (his distinction, however, that
the following is no doubt true, while the
preceding is nut.
On tlie retreat from New-Orlettns.
*• For some time, that is to say while
our route lay along the high road, and
beside the brink of the river, tlie march
as agreeable enough : but as soon as
e began to enter upon the path thro’
the mnrsh, nil comfort was at an end.—
Being constructed of materials so slight,
and resting on n foundation so infirm, the
treading of (he first corps unavoidably
bent it to pieces : those which followed
were therefore compelled to flounder on
in the best way they could ; and by the
the time the rear of the column gained
the morass, all trace of a way had entire
ly disappeared. But not only were the
reeds turn nstiuder and sunk by the pres
sure of those who had gone before, but
the bog itself, which at first might have
furnished a few spots of firm footing, was
trodden into tlie Consistency of mud,—
The corseqtience was, that every step
sunk us to tlie knees, and frequently
higher. Near the ditches, indeed many
occurred which we had the utmost diffi
culty in crossing at all : and as the night
was dark, there being no moon, nor any
iglit except what the stars supplied, it
was difficult to select our steps : or even
to follow those who culled to us that they
were safe on the .opposite side. At one
of those places, 1 myself beheld an un-
fotunate wretch gradually sink till he dis
appeared. 1 saw him floundering, board
his cry for help, and ran forward with
the intention of saving him : but before
1 lud taken a second step, I myself sunk
at once as high as the breast. How I
contrived to kee|> myself from smother
ing, is more than I can tell, for I felt no
solid bottom under me, and continued to
go deeper and deeper, till the mud reach
ed my arms. Instead of endeavoring to
help tile poor soldier, of whom nothing
could he seen except the head and hands
I was forced to heg assistance for my
self : when a leather canteen strap be
ing thrown to me, I laid hold of it, and
dragged myself nut just as my follow-suf
ferer became invisible.”
FROM TITS CHARLESTON ClTV CA7ETTE.
We nre indebted to the politeness of His Honor
Judge Johnson, in being utile to present our
readers, with the following
IMPORTANT OECISION.
Skulls, Bre.ithanpt (, al
be payment or debts or
skleruWe property, real
4- al >
gia, ef at $
tinder the Aim of John M’Kinne and C^m*
party : And lieing largely indebted to (h«
State Bonk of Georgia, grithin n fortnight
after Shultz resumed his situation in thk
Company, and secretly, aa Shulls avert*
John M’Kinne, jointly with Barna M’Kinne,
executed a Mortgage of the Bridge, to that
Bank, for the purpose, as expressed in th%
recital, of securing the payment of debts or
John M’Kinne ana C6n
of Ninety Thousand 1
also includes a conoid-.—- _
and persnual| severally owned by the MTKib*
ne’s in their individual right* ,, .
It appears, also, that (luring the same pe
riod, Kama M’K<nne transferred hiy interest
in the Buildings erected by the Company, to
John M’Kinne', ana the latter execUtedp
Mortgage thereof, to the Augusta Bank, far;
the purpose, qs it is ellcdgea, of securing o-
thrr debts, principally nis own ■ individual
debts to that Bank; and thus, the who!*
Fund pledged to the creditors of the Bridge.
Bank, ofthe copartnenhip of MJKintie and
Shultz, has passed to the creditors of the
Rank ; or, to secure the Individual debts of
John M’Kinne ; while Shultz is left alone*
to redeem the Bridge Bills; and the hol
ders nf those Bills, strapped ofthe .'Fundf on
Which they retied, are left to seek redress of
individuals, all oT whom am (Hedged to bo
Insolvent, ,
Barns M’Kinne, It is further stated, hat
since re-convoyed to Shultz, ail hiy interests
in the Bridge Company, thereby "vesting in
the latter, Jhe equity of redemption,' previ
ously remaining m M’Kinnr; and, .thus cir
cumstanced, tlu| creditors of the Company)
and of the M’Kinne's are enguged inipiie ge
neral scramble, for the purpose or hppmpri*
ating to themselves, each, suefipart of the
wreck as he can seize upon. These suits
being prosecuted in t|ie State Courts of Geor
gia, judgments ami foreclosures huve beep,
obtained, in soits at law ; and the Bridge, of
nt least so much of it aa an Officer of thqt
State can seize upon, is now advertised for
sale—both at the suit of the State Bank, anff
of individuals holding small sums of th'p.
Bridge pills. Shultz, and certain nf the cre
ditors of tlie Company, now prefer this Bill,
in conjunction, lor the purpose of having the
questions of right settled en masse, and the
property sti disposed of, as not to Tie sacrific
ed ; anq the Motion now to tie considered,
is to obtain an injunction to stay the sale of.
tire Bridge, until the question of, right can
lie decided; and such measures taken, as
will make tl«« most of the Fund, frir the ulti
mate benefit of those who are legally enti
tled to it.
A question in the outset is made, ns to the.
power of this court, to grant an injunctioi.
in this particular cape.. The executions un
der winch tlie property is advertised for said,
issued Crum the $tate Courts of Georgia; anff
it is contended, that under the .iitfi section
of the Act of Congress, 2d Marth, I7t>3, tfye
power is denied to the Courts' qj the United
States, to issue an injunction to stay this
sale. The words of that Act, are, “ Nop
shall a writ ofinjunction be granted, to stay
proceedings in any Court of 4 State.’ 4 Anq
it is contended, that this restnetinn extend*
to the use of any process, emanating from a
State Court; and to suits preferred by per
sons, not parties to such suits gt law. Thtfi
has been insisted on in the argument, with x
view to the literal meaning, to the spirit and
intent ofthe law* and (oadiudged cases.
* The argument on the literal meaning of
*(he words, is obviously against the defend
ant. The use which a party (bakes of an
execution^ is no proceeding in a court; it iz
" will
Tht Stn/t Bank of Ueorg .
[On the Equity side ofthe Court.]
Tlie material circumstances of this Case,
as presented by the Bit!, are the following
In IU16, Shultz, one of the complainants,
and John M’Kinne, one of the defendants
were proprietors of the Augusta Bridge.—
Under the influence of the Banking Mania,
which at that time spread it* infatuation far
t-c near, Shultz and M’Kinne opened a Bank,
called the Bridge Bank, and issued Bill* to a
great amount, bottomed on the value of the
Bridge, chiefly ; (estimated at 5400,000) and
some other funds, of small value, consisting
of I.ands, connected with, or purchased near,
the Bridge, in the Town of Augusta. At tlie
tune of commenting the Banking business,
M’Kihne and Shull/, executed an agreement,
by which they mutually pledged the Bridge,
the adjacent Land nf the Company,and such
future purchases as should be made from
theprocj-'d* ofthe Bridge, or Bank, for the
security ofthe Bills issuing from tlie Bridge
Bank—hut although copies of this Contract
were intrichanged,.it was never committed
to record ; nor was any third person inter
posed, In whom h legal interest should he
conveyed, fur the pur|MiSes of the Trust.—
Soon after commencing business, the Bridge
Bank Company, drew, and applied a part of
it- Funds, to the Building of expensive Edi
fices, in tlie Town of Augusta, in one Tene
ment of which, the business ofthe Bank was
carried on ; and this, also, according to the
Articles of Agreement, became a part of the
Slock, pledged for the redemption of their
Bills, valued at $50,000.
In 1811;, Shultz retired from the Compa
ny, and sold out his interest to Barna M’Kin-
110, with the entire concurrence of his co
partner John M’Kinne; the former giving
his Bond to Shultz, will) the latter as secu
rity, in the penal sum of 5500,000.. to in
demnify Sluiltz against all the liabilities of
the Company.
This event was publicly announced in the
Gazettes, and John and Barna M’Kinne,
gave notice, that they thenceforward con
ducted the business on their oWn account,
and assumed all previous engagements of
the Company, as tlieir own.
In May 1810, the Bridge Bank stopped
payment; and in two days after, Shultz,,
with the consent of Kama M’Kinne, resum
ed the management of its interests, in con-i
junction with John M’Kinne, and jointly,
with the latter, advertised the Bridge fox
sale, fur the redemption of the outstanding
Bills of the concern, for a great proportion
of which Shullz was personally liable, they
having been issued w hile he w as a member
a matter in part; ar.d although Courts
interfere, on application of a party to the
suit, to prevent its process from being abus
ed ;■ yet, 011 application of a third person,
no case is recollected, in wi)ieh such inter
ference. ran be claimed. fSor need the day
fendant himself apply to thy court for re
dress, since any iniquitous ujje which a plain-
off makes of his execution,'may, at defend
ant’s option, be made the subject of a suit for
damage!*.
Nop.ducstlie reason and policy of the law.
Operate in favor of the construction contend
ed fur against this motion. It is all impor
tant 1 to olwervc, that the complainants were
neither party, nor privy to. the suit obtained
in the State Court, by the^ank, against the*
M’Kinnes. There wr» do attempt to arrest
the progress of that spit, by an injunction :
and 110 one contests the correctness of anp
thing decided in that case. It is admitted,
thajthe M’Kinnea were justly adjudged to
owe the money sued for ‘ v and that, as 4-
gapist them, everv thing that was done, was
legally done—but the interests of third pec-
suits emne now under discussion ; ana for
nog. t that at present appears to this Court*
this very judgment, obtained between thesb
parties, may be the machinery ofafrnud, upon
these complainants. Ol lhut.the State Couft
could know nothing 5 and if so, could feel
nothing but satisfaction at the failure of s ch
a project. I would not be understood to
prefer the charge. * I nm only supposing a
possible case, to which it could never have
been the. intention of the Legislature of this
Union, to extend this restriction.
The distinction is too’ obvious to be insist
ed on, between prosecuting an unconteicn
Hints suit, and making an unconsdentiovs
use of un execution already obtained. The
policy of the law, was to prevent bickering
and collision, betw een-the Courts of the-res-*
peclive jurisdictions j. a purpose too benign
and grateful, nut to meet with tha beany
support of every one capable of divestiqg
himself of judicial pride. But why, with a
view to this end, ought it to operate upon
the interests of third |rersons, no parties to
the suit. And with reference to acts so en
tirely individual—acts, for which Courts of
Justice are so entirely free , from responsi
bility, as those done by a plaintiff, under an
execution ? It ia a well known rule of the
common law, that, on signing a judgment,
the power of tlie attorney at law, ceases.-—
Suing out an execution, was the act of Um»
plaintiff, or of his agent, by virtue of a r.efr
authority. And with regard to the authoFu*
exercised afterwards by the Court, ove r Rg
officers, it goes no farther than to v 0 mpel
him to stay it, or to levy the execution i
of the Company. John M’Kirme, it appear-, ' but w hen, and or, or whom, rest* with
during all this penod, was carrying, bn bust- him in whoso (hvur it issues,
ness as a general merchant, boVu ia hi^ Qwn I Th«tl Vfas much reason. *hy this
name, nnd as Jne copartner of or ^ J^uinkin, * tion, n? to tesuin^ iqj
