The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1867-09-30
''rIIE CONFEDERATE UAv.Iuy mr..

| "o nave received copy Ola pa:n;hIct bo,riu
the Following tttto: Order OF MaIor-Gcn, SIcx1,
| ahhulthS Decreo OF Court Of Chancc,v in So,It
Snr"'iia' anu correspondence relative thcrat,
inc contents are: I. Special Order No il9:
nelurh ol lshAc W. HAYNE; ). Reply of PonrEl
StsohroS, CONFER aud BARKER; I. Roply OF Cha,
l. LowsDEi, Prcsitlcnt Bank of Charleston: 6. Il,
ply OF JonS L. SLOAN; 6. Roply OF Hon. HENRY L
l.tsEssE, and :. Letter in Rejuinder from Ge,
SIckIEs. The iiIsi. second un,l thi,.l lave nlrco
been published in our columns. We now piyo T.,
reply OF Chancellor LrsEsNE AMI would siut pno,
what appears tn lis goUd authority that The pro
rcadngs in this matter, have bcen transferred n
requested by ths parties to Tho Federal Court.
nEriH or HENRY D. LrsEsSr.
SOUTH CAROLINA, l t.
CiAnLssroS DisTnIcr, ! ;" r1"'!.
BANK oF cuARl.L5T0S, s. u, vs.. TuE BASE OF I,If
-, STATE or soEru cARoLtNA, TT AL.
lilo Commanding Gcncral OF tho Seeond Militia
copy of whcl, ~ hereto annexed, respecting nv
decree ~ :; in tho above entitled cause:
Ii The order hal only gel asln the decree for nj.
lognu error, sh0nlI not have thulIrht il hacom-
ing to take any action the s,Ijrc hut il nlsn
ascrlbrs 10 me oihrial ihproprietr oI very grave
to say lew words.
IL claractrrizci the ,iecron ss not oniy erro.
nsous, but q ffusd upon tho rights al the United
Aeans OF which the Chancellor is alleged to Luyu
been cnSnizant, were used to keep the existence
ot the fiind and of the suit from the knowledge of
the uuitod States authorities.
My courHc in thB matter has been nisennreiy-
ell. And as the representative uf II court whose
good nnmo has mover suffered until now, from any
imputatioa again-t the character of its members,
OF whom sonle liuvo been eminon Tor learning and
ability, all for The reputation or high integrity,
deem il proper 10 mako the following statement,
and cause IL TO DO filed with tho proceedings in tho
cause. Tho particular nlelia uf rouceanient ill-
tended aro not specified, and my r,,cthod tlrre-
loro, shall Du 10 explain, order, but briefly my
dealing with the case from iirsi 10 Inut.
In January, 1861, n noion was made before me
al Chninbers, for All order to pay into court Tho
,ase disclosed by the bill was, that tho Bank OF
lhe Stnio held fund III which it claimed no in
lerest, and which was claimed hy other parties 10
mo suit. The order proposed Is tho one us,.all,
Ibis technical difficulty, namely: the Bank OF tho
Stnto had not yet put in its answer to tho bill nnd
sond not consont to tho order. therefore re-
nHed to grant IT,. Tho motion was then renewed
,n the ground that tho fund was i'm dlprrr i;
joing the practice, in such Il case, To make The
,rdSr W lhtt'tn, oven before answer filed. Danger
Which then prevailed I'm tho community that tho
Bank, as State institution, wa ont 10 bo taLon
possession Of as tho City Gas Works had Leen sumo
ime before, whereby this fund, though cousiitmt-
lg no part OF tho Banks property, wo IlI be
'iaced l'eyonl the reach Of the cn,lrt consider
II the ground Eliiccnt and an order was drawn
lp ny counsel, which signed. II was asked for
ud granted as measure, proper and usual, for
ccurihg tho rnd FOR the bulndt OF all concerned
ihile The litigation lasted. Its purpose was So
urty, not cuncealment. aud M to the right TO
lie fun 1, now nssertcd for the United States, il
ot only did not come under discussion, hut tho
lea OF ltH beinK the property of the United States
III not occur 10 nle to require notice to br given to
ho united states as necessary proper party 10
ne proceeding.
Having ninlln this order heard un u,,r, Of tl,p
ase, nnd Thought no more of it, mill il came I'M
. February, 1867, In open conri on u mo, ion tn
ocSGr 9r t oti1a II then appeared That ih plead
as ignorant until tho motion vas made IL IL
ruper to mention this, becanse withhoI,i,n.. tho
iea.dlmga 10 from tho dle may be intended ~ nne of
disclaim tho knowisdgc or IT, 3ni. i'm maL;inv
his disclaimer, do not mean il to ho ,udcrstoui
lat i disapprove ne thing DONE. such course |
roprietr in it i'll the present insiancr. And here
gladly take occasion to say ~ the suliritors in |
aus y cause nne anti al, that they would he inca
,mniiason of anything improper. F
The cause at rr1nrds came before the court ON |
petition by Mr.. sloan, tn Ie let in a. cloin,ant
I'd ii ta 'Gsefss etiefoner I" contended warmly nganst
lch other. II was argued fully AMI earn.
II consideration. But before any decision vas
lade, tho parties agreed among themselves npnm
he manner oI dividing the fnnd, and submitted
aper, in open court, which, being nshcnted I" hy |
H. WAS signed and made The IGGrcu Of the court. ]
Lastly, MI order was made for leave to Withdraw |
he original papers from the file. Such an nr,l.r,
ANluR IN li ittlS tilS GOuScnt vi lti-
es Is so much q. matter Of course, that il was |
gucd without question. | have known such or
ers to bs granted, where tho enec, WAS to on
urgo everything. But hero the orders aud tho de-
,e, nre recorded and the order III question consti
utcs hindrnnco to tho obtaining of full inforna
ion ly any inquirer, Of u that has brcn done in the
ase. An, its eject was 10 prevent further hiiga-
ion by means of these proceedings, on account Of
lan,s f,r saics of llUrses that might be brought
1rwnrl. After thia order, il wnnld havs been ne
cssary for an; such claimant /" institute" new
for himseli.
Ir have rendered myself ObnOxious to rcprouuh
Il this matter, IL can only be for OF judgment
# ignorance Of the law. The Or Ter assumes that
he fund legally belonged to the United States.
'hore was nothing disclosed in III, before me
Ilich then led ME to such conclusion; aud there
. nothing in tho facts then or now nov known to me
'oro. unezeeptionablc with reference TO tho
opinion entertained. And only claita tho COM
non right Of credit for sincerity i'll the affirmation
Il that opinion.
It is ordered that tho RoSstor d. file this ST .te
nont with tho proceedings Of this cause.
August 9th, 1907. HENRY D. DESESNE.
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