The true Democrat., 1855-02-21

to have the lands mentioned in the bill taxed is not so regarded by me, as to support this bill 1t was very strongly urged and I feel the fore of the argument, that if this court is to refuse it aid, any outrages ever heard of, or conceivable may be perpetrated under color of law, whe1 no ordinary legal process may exist, or be ade quate for the suppression of the mischief. Blu the radical error in this proposition is in it's as sumption. We must not, we cannot take it fol granted that the State will make such laws, as that murder, violence and atroctv may be le. galized.
 1t would be enough to say that the law under which the defendant is acting, is not one of such extremity, but will say for the satisfaction ol counsel, that, should such cases as were in- stanced arise, under the given or like circum- stances within my jurisdiction, with this law before me, and with the consciousness of not violating it. will even to the taxing of the in- ventlve faculty of the court, that was spoken of Interfere. fer their prevention. If law be unconstltutlona, of course it is no defence to an Individual acting under 1t, but that question alone cannot secure the process of injunction.
 Inc case of Osborne vs. The Bank of the United States cannot then be taken as an all- thollty m this case, because the decision of that case, similar to the argument of the complain ants here was founded upon the undoubted con- nlct ot the law of Ohio with the constitution of the United States It Is also to be remembered, that the law claimed to exempt the treasurer of Ohlo from suit. is not like the law of exemp- ton claimed for this defendant. The law in that case was the l1th amendment to the con- stltutaon of the United States, which limited ,4I,o from entertaining suits against State, brought oy foreigners or citizens of other States and the court decided that although the State of Ohio was the real and only party in interest, as she was not party upon the record, the exemption did not hold and the suit was maintainable Inns close construction is in striking contrast to the mode of construction so generally adopted m the same court upon the clause that gives Congress power to make all laws necessary and proper for carrying into execution certain enu- merated powers; but the effect ill each class of cases, was to fulfil what Lord Coke declares to be the office of good judge, to amplify his iu- risdiction.
 The law of exemption in this case exte nds the prohibition, to sue an officer of the State i a court ot chancery, so clear as to exclude construction
 cannot see how any question concerning the existence and character of this court, can af- feet It's duty Tn relation to the law of 18th J Ia nuary, l0o5. It may be called constitutional court Ill that 1t Is established by the Legislature and the constitution gives the Legislature tho power to establish chancery courts, but the con, sttutlon does not attempt to define the extent or objects of the jurisdiction of courts of chan cery. 1n the country whence our system o chancery jurisdiction is derived there are ol were various chancery courts, as the high cour of chancery, the exchequer and othel courts O limited jurisdiction.
 It is the law that defines the jurisdiction of this court, circumscribes the extent. points ou the objects, and prescribes the rules of admi- nlstering that jurisdiction and this court is there fore subject to the Legislative will expressed upon these matters. h obedience to that, SC plainly expressed in the act of 18th January 1855, hold that the defendant cannot he re- strained by this court, from doing what the law of the 1lth January, 1855, directs him to do.
 It Is a matter of great satisfaction to me to suppose, as 1 do, from the evident care and skill with which this bill is drawn-from the manner in which it has been presented to me, and from its intrinsic importance that 1t will proceed ln the course of legal gradation till a decision IS had upon 1t by court of final re- sort, and that my decision may not injuriously affect the rights of the compliments. Certain ly it is the duty of judge to decide accord ing to his own convictions, to satisfy his own conscience, but in doubtful cases, I hold he should look to the consequences of his decision and so mould 1t if he can, to afford to all the parties an opportunity for fair presentation, ex. animation and adjudication of their rights; and by way of giving instances, I will say, that in inerlocutory proceedings I shall aim to encou- rage amendments when needed, lean rather to that course of decision, that continues the means of relief, instead of excluding party from the hope of it, and as if this case were so doubt ful, that could not conclude how to decide this application upon principle, l should be inclined to decide as 1 do, which gives the complainants the opportunity of another forum upon this preliminary question, that would be denied to the defendant.
 But while I cheerfully admit the force of such considerations, the degree and frequency of their pressure upon me, must for the present be left to the sense of the advocates with whom 1 am pleased to be associated.
 For the reasons here given, shall certify up- oil the bill my refusal to grant the injunction prayed for, that such course may be taken with the bill as the law allows and the complainants elect.
 (SF In the Massachusetts House of Repre- sentatives on Monday last it was moved that the judiciary committee inquire into the expe- diency of requiring all Roman Catholics, on be- ing naturalized, to renounce all allegiance to the Pope of Rome, as c temporal Prince.
 
 LAWS OF ARKANSAS.
 AN ACT to amend in part the sixteenth chapter o
 the Digest of the State of Arkansas under the head of attachments before justices of the peace
 SECTION l. Be d enUcted 6y Me Generul .fssen,bgs enumerated in section one of chapter sixteer of the Digest of the Statutes of Arkansas it shall b( good cause for any creditor to file his affidavit witt