The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1867-08-13

the Chancellor, was, N my judgment, neither
resorted to with view of preventing parties with
IN founded claims from using tho pleadings in the
cause for the purpose OF prolongng vexalous iti-
cation about the fund.- and for various other rea>
sons, This is well known to the profession in
this State, For myself, hewyyer, I avow that 1
was induced to withhold tho pleadings from the
file and I, ,,ue the first order at Chambers because
the South, ut that time, and for some time pre-.
vious, had swarmed with harpies in the gulse OF
zeal and pretended Treasury agents" Who were
without law pouncng down upon private properly,
and without investigation, carrying 1t beyond the
reach of its owners under the pretence that it was
forfeited to the United States Government. Many
such cases had occurred, where the owners after.
ward recovered the Rer hOag1 nof bonnd to
helm these providers to their prey, and !! meant
that AZ far as possible this fund should be kept
ont Of their way. I did not then, and do not
now, believe that the United States had or has any
lawful claim on the fund, and did not then and
do not now shrink from full legal investigation.
Subsequently, when there was less risk of lawless
interference, the complainant, dissatisfied with
the supposed recusancy Of the President OF the
Bank q the State now charged witn s,sa aeo1,o ~
pleadines and placed the case on the docket.
From that time until the final decree everything
was done in open Court, the decree enrolled and
the evidence left in the Masters office When
everything required of the Court was done, tne
was not made by mel cared nothing about 1t
bnt believing the course to be neither irregular
or unusual" gave my consent This ever TO
be true history of the proceedings, when seem
to have excited 80 much suspicion.
The only Ground upon which I, as lawyer, sup
| nosed the Government Of the United States might
set mn claim to this fund, was by virtue OF the
Act of Congress passed August 1861 (2 Statutes
at Large, sl9 entitled An ACT to oss connssats
property used Tor lnsurrectlonary PURPOSES
ELorob,, 10 anaoted.
.sSection 1. That if, during the present or any
future nsurrection against the Government OF the
United States, after the President of the United
States shall have declared, by proclamation,
and the execution thereof obstructsd by com6ina-
tons too powerful to be suppressed by the ordlna-
nv course Of judicial proceedings, or by the power
vested in the Marshals by law, any person, his, her
or their agent, attorney or employee. snsm PUT If
whatsoever I'D or description, with intent TO use
or employ the same, or suffer the same 10 Do useo
or EMPLOYED in aiding, abetting or promoting such
insurrection or resistance to the laws, OF any per
son or persons engaged therein, or If any person
or persons, being the owner or owners OF any sucn
property, shall knowingly use or employ, or con-
sent to the use or employment OF the same as
aforesaid, all such property is hereby declared 10
m subject Of pdze and Ips Peesaapt
the limited States to cause the same to be seized,
confscated and condemned.
eSection 2. That such prizes and capture shall
| be condemned in the District or Circuit Co9rt Oh
the United States having jurisdiction OF tne
amount, or in the Admiralty in any District IN
which the same may be seized, or into which they
NAV be taken and proceedings first instituted.
"Section 8. That the Attorney General, or any
District Attorney OF the United States IN Wnlcn
said property msy at the time be- may nstitute
the proceedings Of condemnation, and in such case
thew shall be wholly for the benefit OF the United
States: or any person may file an lnformauo1 WIN
snoh ATTORNEY, in which case the proceedings
shall be for the use OF such mformer anu LILO
United States in equal parts.
Under this Act tie United States has no pro-
perly untl after condemnation in the District or
Circuit Court of the Un,ed States. The Act Pomts
out the mode Of procedure, ana no sacl oue nau m
former or to aid in the work Of contIscatlon even
though believed the law OF 1861 still in force
But INV own Judgment then, as now, comedies
with the opinion OF the four eminent }ITsts }nsn IN
New York, mean Messrs CHARLES OCoNoR,
WIN. M. EvARTs, EDWARDS PIERREPoNT, and JAMES
r BRADY Referring to the above Act they say,
saThe language OF this Act is 'that the property
described in it, is hereby declared to be the la%-
fuI subject Of prize and capture wherever found.
Cantnre. er uis tern,ini imports seizure as prize
;ure beui (Black us. The Marine Insurance Com.
pany-l1 Johnson's Reports, 1921 The whole set
Of words employed in this Act make ON exceeding-
" clear case OF language selected to create sup
law of nations and precisely adapted to that pur-
nose. The Act must be so regarded 1t ID silent
80 To the time during which such captures must
be made and as it denounces no forte ture, except
through the instrumentahty OF capture er none1
inc. that question is determinapie oS 'ne general
law.
"The right Of capture results from, ana Is eS. .
clusiyely incident to state Of war. 1t does not
exist for an instant after the war has terminated
This doctrine is very strictly adhereo 70. lMheI M
during a war is in 3 condition to be captured or
otherwise taken j,re behl, does not, lpSo Jdcto,
vest in the belligerent to whose power II ls mus
subject. He must exercise his power before the
war terminates or never Inc return VI peaOo .sat
tineuishes all right to make prizes. From that TN
moment private property is sacred Inc
same doctrine is very emphatically laid down by
Judqe Story in an opinion marked by the most
extreme assertion OF belhgerent rights: 70 Cranch
DID. lat, 1887 He says: The title OF tne enemy is
moi diyested ty war; but remains In proprlo utgore
until hostile seizure and possession has impair
ed his title.' And adds he: IT peace should IN
teryene, it (the property would be completely DO
yond the reach Of subsequent condemnation.
must be pardoned il my return IS someWhat
LONG. T have had no hearing before Judgment, and
suppose that without disrepect, may present my
case az If on motion for arrest of Judgment or Pc
tition for Hearing. ,.,.,,
However absolute the powers of Military Com,
mander in the hilitary Districts OF tne suDlueateu
Sonth. he must feel, as an officer, that upon
charge OF 'FRAuD," the parties charged should, at
some stage of tie proceedings be allowed at least
the privilege of pleading s'not guilty" am fifty,
eight years of age; have been In the practice OF
the profession thirtyye years. nave Desn tSsol ta
consecutiyely elected by the Legislature OF the
State and for the first time the charge OF fraud or
unfair practice q made against me.
deny the charge. I deny it for myself ana 1or
Messrs. Furmsn Upper and sloan Nv mnom attarad re
claimants, some one hundred and forty IN num-
ber. The fund had been pledged to these men
when they gave up their horses, ana tnougnt
them entitled to the whole fund, though conceo-
ed to the Bank Of Charleston the amount PAID,
over and above its ai9uot share. Even II the law
Of capture stin prevailed it would hardly embrace
both the horses and the purchase money OF the
horses. These very horses were captured, ana De-
came, most undoubtedly, lawful prize; put Iresh
from the war at that time more generous coun-
sells prevailed than peace gives us. By the Terms
of the surrender, the rebel riders OF these very
horses were allowed to retain them. Shall the
men at home, who have received an average OF
ten or fifteen dollars on horse (perhaps most re-
uctantly parted with) fare worse, after two years
Of peace, than the soldiers in the field, who rode
them into battle at time when the blood OF ad-
versaries was not dry upon their sabres
As for Messrs, Porter, Connor, Slmonton' BARKER
for themselves and the interests .rsy represent.
But the CHANCELLOR, who has had no hearing,
and can have none, for he is absent, charged with
what, in effect amounts to corruption IN office
man who has been for forty years, not only with
out reproach, but singled out from his youth up
ward, as a bright example Of purity and integrity;
a man Of that chastity of honor which feels
stain Ike wound for him deny the charge.
In conclusion, am ready to give any informa-
ton that may be required to the fund distribut
ed, and the subject matter generally. In regard
to the money that came to my hands as costs,
commissions, and fee, think had earned it in
the way Of business, and know that have spent
it, and have not the means OF replacing it. Every
vestige Of property, except my law library, was
swept away by the events Of the Tar, and it has
been struggle for subsistence since. With re-
gard to the small balance Of trust fund in my
hands. ask a reconsideration Of Special Orders
No. lis, so far as to allow it to be paid into the
Federal Court, to await decision under the Act
of 1851. which, I presume, is the law under which
Il is claimed by the United States
~ = Il. atE,ll, s,,hrnitted