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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