True American. [volume] (New Orleans [La.]) 1835-18??, 1838-11-24

the U. s. District Court, the subject of hit ille
gal and unjustiti,ble imprisonment, by order Of P.
X. Lawrence, Judge Of said Court. The princ
pal Clerk of the Court, Duncan A. Hennen, Esq.
is now, and has been for considerable time pas,
absen, at the north, and his deputy subject to his
orders, had acted in strict accordance with a NOR.
oil us well as legal duty in Withholding from
the Clerk appointed by tho Judge the records o.
the Court until the question of the validity of ,hi.
appointment had been regularly tested by the tr
bunal now having charge of tho case, or until ,
proper and iegoi prit had been issued to deprive
him Of actual possession.
The Indignation of the community is Justly
aroused at this Outrage upon the person Of one oil
its crizens,-a, outrage which 10 as unnecessary
as it is yindic,vc and ,yrannical. The public
will bear testimony to our assertion when we
shy that the conduc, OF P. X. Lawrence through.
out this whole transaction has been charncterz.
ed by the most objectionable Partially, ignorance,
Injustice aud imsecilhy which ever disgrncrd
the elevated and responsible position of Judge.
He is now perfectly aware that he has placed
| him self in a most ride uens attitude before the
country by his whining and undisnifed attempt at
VI MS p'tiHI CuHduCt III TeHbSIuE OF
| attempting to remove from Office wiihoW, cause IN
ficicn, officer to gratifya private par,iali,y for
| f'iend. The EXPENSE and Inconvenience to which
the State Of Louisiana has been sub ected in conse-
quence of this proceeding is altogether inc alcula-
Bile, and shall take occasion herea fter to enter
more infinitely int examination Of the subj ect.
AT present shall conten, ourselves with Ealing
the attention Of the public the outrage which
have just alluded on the person Of young
gentleman, who, acting under a sense Of solemn
responsibility, to his principal, and in accordance
with the best legul advice has simply withheld the
records of the Court until such wri. placed
in his hands would simply have TAX on thom
from his posse ssion without compromising the
rights which the decision of the Circuit Judge has
recognized to be indispu,ab!e.
! MIR, Edror,--l lake the liberty Of calling your
attention and that of the public, to suhjec, OF
great interest the community, in a moral and po.
lica point OF view | refer to the late conduct Of
P. X. Lawrence, Judge of the U. S. for this Dis.
| tricf, in endeavoring TO nrce the records Of the
Circuit Court of the United States for this Circuit
from the hands of the legal and rghtful keeper o f
said records, Duncan N. Hennen, clerk OF the said
! Court.
You will doubtless recollec, that in the m on,k
of May last, Judge n.wrcnLe attempted to remove
J the said men from office, ncknowl edging, how
ever, in making the removal that tho business of
the office was conducted by the said Hennen me.
usodieally, promptly, skiHfuHy and uprightly Il use
| The Judges written words } The said Judge
further acknowledged, in writing, that in appoint.
ing John Winthrop, Esq. to succeed said Hennen
! he wus nctuated by motives OF personal regard for
! sad Winthrop, between whom and said JndEe
the closest friendship had ever smhsis,ed. Under
such circumstances Hennen refused 10 surrender
I he md in hIa ~ n ed hvy o
| Circuit Judge The Hon. John Mckinley, ASSOCIATE
JUSTICE oF THE SUPREME Court OF THE UNITED
SrArEs-said Circuit Judge deciding that tho
| mova was Illegal and that Duncan N. Hennen
was the proper custodian of the records.
The legal question is now before the Supreme
Court Of the United States, and the moral question
has been taken up by Congress. These august
tribunals will doubtless make up their decision
| ut the approaching session.
| In the meantime while the question pend
| ing ard the eve OF hnal adjudication, it was
believed hynl, tina, all action on the part of Juds
| Lawrence Tin endeavoring 10 carry out the meta.
rous purpose of removing faithful public servant
to obge personal favorte) would be suspended.
In TACT, he mscli held out the idea that he would
hold no Court at III term; he stated to several
| "a, ntemen of high standing who conversed with
| II IN on the subject, in Philadelphia, this summer
| il appears ttat this statement was merely
given out u islead Mr.. Hennen: it was pretty
trick induce hun to remain absent-the Hon.
Judge, thinking, no uouo', that tHe bePuiy OF
said Hennen could be Fl cted more easily
Ian his principal, to the surprise OF all high.mlnd-
d gentlemen, the Judge opened the term, and
expressed determine ton TO do business with the
assistance oil the Clerk he had illegally appointed,
and further, proclaimed his intention OF annuiIlng
every proce IS and entry made BY the said Hennen
or his deputy during the vacation. Thus eopardiz-
ing the imporian, interests of liligants, who sup.
posed that he would at least recognize the acts oil
a Clerk (de facto) who had never been elected,
who held the seal and records, and who (it was So
lemny declded) could not be removed.
Al the opening of the term |, as the legal De-
putty OF Hennen, appeared in Court, expressed my
readiness upon and fulfil the duties Of the
office, in the same methodcaI, skilfui, prompt
and upright manner in which it had heretofore
been conducted; but | was prevented by the
Judge! He has issued writ, unheaId of IN the
annals of jurisprudence, directing John Winthrop,
his appointed clerk seize upon the records OF the
Court; and because | have put the records in a
safe place where they cannot be reached by this
ridiculous and outrageous process, because refuse
deliver said records SAID Judge for the avow.
ed purpose of transfer to an unauthorized person,
have been committed to PRISON for an UNLIMI. |
TED TIME!!
write you this from within the walls of dun
qsnn. Here am, God only knows for how long.
Here | must remain, perhaps, as long as the arbi-
lrary will and caprice OF an unprncipled Judge
chooses 10 detuin me; and that, for resisting one
of the most barefaced and corrupt acts which has
ever dis.raced civil tribunal. thank heaven,
however. that live in the midst of honorable
and high minded niunity, the friends OF jus
tice and the enen.s OF tyranny; and II their APP
proYal sustains me, ] am amply rewarded.
Respectfully, ynnr OBJ serst,
T.. W C0LLENS.