The Sun.
London, England, 1808-09-01 00:00:00

aild that helms tio other means of paying

h:.,'~bu

. -
L ~,ni tiles:: grounds he, applies to Chancery
this Cuurt, for the writ of injunc(ion io re-
s;ra,,i a sale under these executions. I shji not
buttum a decision upon the peculiar circ,.n*,4pc,es
c this case only,. or as a parliewar cas,

. .
such leatutes of hardship and -oppre:isi,,it as render
necessary the interposition
.of this branch ref the
Court. On
,the contrary, I shall view-this as a case
in which all wir citizens aru interested, and Is cal-
culaied to establish a precedent fur -the general
benefit..

ask this.question—ls' it not against equity and
conscience, is it, not in the highest degree oppres-
sive, to compel the. Sheriff to obey. the mandate. of
a .ti, it of eecutiow, when the facts are before-the
whole public, that the sale of produce, in its: usual
course of traffic, is susPend.td, or-bought up mo-
nied men, from the necessi:ous planterefor fig ?
From the planter, who must sacritipe.his crops to
prevent a greater sacrifice—who Lutist sell, to ob-
lain provisions (if a cotton planter) fur his negroes,
and necessaries for its family—who must sell for this
song; to pre-vent his negr,ts (a more valuable pro-
perty, and upon whose uninterrupted labour and
increase the suture support of himself And Children
depends) being-knocked down, under the hammer
et the. Sheriff, at a price far less than one-half of
(heir cash value? Is this picture over-charged ? Is
it not rather a correct delineation of the distresses of
the agricultural interest at this moment ? If it is,
then relief ought somewhere.to be found.
It has been, and is at this hour, a subje of suffi-
cient magnitukto require one of the extraordinary
meetings of the Legislature, which the Constitution
authorizes. But, until a legislative suspension of
sales is given to the people, relief cannot be afforded
by this Court. ,
1 have :given ',to the powers with which the law
and the constitution ,:iave invested me their full de-
liberation ; and though I do not pos,sess all the
powers of a Lord Chancellor, because, by our local
system, the interposition of a jury is renniredin
equity cases, let. that system cannot, and does tint,
interfere with these matters in Chancery, Nv
their nature must be exclusively referred to the dis-
cretion of the Court. Oi this nature I consider ap-
plications for the writs of injunction.
An inj-unClioa is a prohibitory \wlit, restraining a
person from committing or doing a thing which ap-
pears to be against equity-and conscience.
This is the simple definition given by one of the
elementary compilers, and it is sufficiently compre-
hensive for me to adopt it.
The principal use made of this writ, is, to re-
st:ail!: some. rigorous proceeding at law.
I shall then consider whether a sale by the She-
rift., at this crisis of our 'national atfaits, big with
calamities, as I have before described, to the agri-
cultural interest, should be restrained as a rigorous
proceeding at law—and as a proceeding against equity
.staid conscience.

- Ist. Is it a rigorous proceeding at law ? An
execution,is the la..A wage of• our common law pro-
ceedings. It places the person, or the property of
the Defendant, at the Nercy of the judgment of
the Creditor, who may make his elotion. lam
speaking of the execution. of which hothingcan be
alledged in Chancery against its parent judgment.—
Of this nature are the executions before us; and
they assume the_ appellation of rigeuroupT,proceed-
ings, becabse there is ho rernecly at law, and unless
a remedy is found some where, ruin stares titeDe-
fetidant in the lace----a ruin not brought on him-
self by a \':ant of probity, or of property in his
pos,e-sion, exceeding probably ten times, at a cash
valuation., the amount •-ontained in- the executions,
but a ruin brought down upon him by a necessary
measure of National Legislation -and Government,
which, unfortunately, obstruCied- the channels
through which he had been accustomed to pay'bis
debts, probably with putanality.
2d. Is it a proceeding against equity and con-
science ? _

This is the broad basis of the writ of injunCiion.
It is admitted by both sides, that no remedy can

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• .--' militste ao-ainst"tlnit:sticc -which • peculiar sir- The
IMPORTANT CASE, X * •IN t" c' • 1
C11111S13:1Cei of a partiOtThr case may require, yet, for came c
' f.c.•;.0 IT Y 2 BE .. ,"
~, the sake of general and uniform pules, a Judge will . cause
E.r-purit! .p.Au 1, ciii ~ ~: !IV- .1.: 'in deviate from the established and settled pin- by the
This , ,is a nui
:in.' eqnitS., s 4 in4tiJ,stltlW ,to accommodate the chettiL t• ices of one ease, to be
iudi4rnents I d '.i.), en city -ii IQ,' ag t toot,
.i- ' 'ewer strong the rea,On InA). e -to exeinpt. it Defeo
'Ceoin• lainant, Paul Grin ' • ',Q.() 11')Ila -.1 from the operation of precedent, ' to be
...• • - ,-
• l..•iie h. , ,r lur st-)60 nol- 1 J the Ca Se of Doe v. Pott, 2 glt 720 ; Lord Virtue
that executions had °Mansfield is reported to have said, ' the absurdity for tv
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. „•, at id. 1 ci.:,lfo‘,l,..,loar,dv.L"ineoln's cAse is shockina • however, it is
b 7 place
4% '.•;\.k '0118;1(d Iraovsealrenittliclrt'satteti)Vi
'll' ' This observation of hie Lordship may be Jury c.
ed as. the most st • .- ante ,of the au- lind al
o precedent. adjour
-fled, ' is go- night,
, and .• , spea leadir!
precede , ye these;
hi theft • , h , Lady t
.:' case. , , lar4e
• 1, Britain is.. li wli. h
•••. • ive him but 'on
• wil e
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he
likr
; ja
‘,.:een
• . to
E g • . ~v, ! , ily
LA V.• • , • -amr- s in executiOn, and equity, to a'', o
Now. , -rrY•v n : •surviv
- c;,-,•)osed the injunction, priticipallyon the ground, to the latter. '''t, ,' '... w ;raising
t -•
tnat it could not issue from the apprehensions of the The law's' tubborn ks ou $ estate:
party ; and no levy or sale. wits yet ordered ; and " for itself a c e from which • : -ion can al- Sir J,
CAI th, Complainant ought to give security before lure—no ob impede. • other
to e relief prayed for could be obtained. - • It neither to tl . the left.---It This
Upon which his tionaur pronounced the follow- neither, relen •forgives• is , its mandates, had 0
tree:-- _ - and will bee' eyed. It takes into no couse- , Than)
- eogi.., ch4harn County, Superior Court, April 8, quences. • .1 duly •
• - r.;.1, ' Lx-Pate, Paul Griinb4ll-ill Equity. ,By Fiut justitia is its maxim, whet, ontemplat- : be.s.ses,
f ww.: Cit.alt.al. io
ing its operation upon a nation or tut virtual. • cat it ~.
The Complaipant in this bill, states, that,execu- • We perCeive at once, that suc • be thr• :of O
lions liaie been issued against nis prupertjr, and a .
nature and effects of law, they nece :ult from : tions ,
levy and sale menaced ; that if a ~ale is trade by.tne that indiicriminating and eternal justic n which escrut
.Sherid, at tint; time, when the pecoliaceinbai-- ,_ ft tionkl
I , -
. 1 the common law is founded. .
rasstnents, occasioned by the. Embargo ACI, are so
Our ancestors felt, as w.e have felt after tern, the iwir
vil,l-al- and distressing, it will invohe hi in in ruin,
. , some of soe tribunal, armed with attri- lett „.
as no pi ice, or a }air
,pitce, can be obtained tQr lies i bute„ot alleviatinz the inexorableness o e law. pqsoi