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

To bloom fore'er IN Paradise.
At early morn Hosannss rise,
Sweet spirit hasten to the skies
Your mother longs her child to meet,
Your Saviour waits with smiles to greet
And ere the risen sun
Had folded the bright Morning Star
Within his beams Of radiant light,
Her endless glory had begun.
aTs thus, Oil Son of Rghteousness
That Thou did'st veil her from our sight"
In Re Bank OF Charleston We. James TuP-
per. tho Bank Of the State OF s0a'h oal'-
Law OFFICE OF HAXNE & Son,
No. "a BROAD STREET,
CHARIRsToN, s. c., August IL, 1857
Isosc ". Hayne senior member Of the firm Of
Hsyne & ton, having been served, through the
postofice, with an official copy OF Specla! Orders
Eo. lie. issued from the Headquarters OF MAJOR
General D. E. Sickles, dated August TIN, 1851,
makes return, on oath as iono~si thnas thai
a certain decree, made and entered BY chancellor
Iesesne. ON the 9Th March, 1857 in the above enti-
tled case, "was procured to be made by the con.
sent and conniyance OF James upper @ andi59r O Ol
Hns the general fiscal agent of said State; and 1t
fnrtber appearing that neither the United States
Goyernment nor the State Of South Carolina ap-
peared in said proceedings in Equity, or submit.
ted their respective rights to the determination OF
the Conrt-that the United States authorities had
not notice Of the proceedings aforesaid-thst rre-
oynlar and unusual means we're employed TO pre-
Vent knowledge Of the said suit, and OF the e3is,
tamce ofeeid fund from coming TO the unlte9
States authorities, Of which it is alleged the said
GhsncaIlor and the parties before the Court and
their counsel were cognizant; and 1t rurtner aP-
pearing that said fund Of eight thousand seven
hundred and ninety-eeyep dollars and thirty cents
($8, 7s7s0) was the property OF the Onteo S.ases @
the chancellor had no jurisdiction or authority 10
Tarrant his disposing of, or lnterferng In any
ora with said moneys, the same belng part OF
ths S,nds of the United States: Therefore, 1t ls
ordered that the said Decree IN Equity Dc seveps
ous, irregular, and naud upon tne riRh's VI 'n'
The ssid Isaac ". Hayne, as Solicitor for James
Tupper and the Bank Of the State OF Soa!n Osro-
lima submits that James Iqpper was sss tbo
surrender OF the Confederate forces he considered
himself s1ia,ct,s o6icio," and had long since re-
signed his post as Estate Auditor" The fund IN
Question remained, however. In the BANK OF me
State, subject to his order. BE was called on 6y
fhe Bsnk Of Charleston to draw the money for its
bene6t. while the other Bank warned him tnat
fhsre were outstanding claimants on the fund.
Mr. yupper believed that he had no power oyer
the fund, declined to decide among these conmGt- @
dseiaiaed in his answer all interest in or control
over the fund. and prayed to be discharged. My
consent for him, as his counsel, was to1mN mere
", and certainly never intended as the procure
Jnertp or decree by sfconnivance.
80 So ,omnletaly formal was his consent considered
that he was not consulted on the subject, thougn
at the time in the same building, and now think
that, having disckdined all interest, and havlng
e. aan 4s Rsns ., tbs nss sssss ks%se
disclsimed all interest in the fund.- but declined TO
nav except ON Tupper's check, or under decree OF
Competent tribunal. Mr.. FurmRn, the President
Of the Bank Of the State, believed, however, tnat
this fund being remnant saved Tom
general contribution, should go first TO the
Outstanding claimants for horses sold, and that
the surplus should be distributed among du he
Banks who had contributed, and NOT returned
to the Bank Of Charleston alone. 80 far nom
thought, angry feeling, and certainly antagonlshc
yiews. The order to the Bank Of the State, obtain
ed at an early stage in the proceedings, to pay the
fund into Court, was IN tnoGum. Mr. furmans
course Of complying with this order, by glnng
credit TO the Master In Equity on the books OF the
Bank. was 30 unsatisfactory to the complainant,
that some months afterwards MIR. Furman was
t-alecp ssto show cause why he should not be
attached for contempt" Upon service OF this
rule, the bags and boxes containing tne
the Master. From this time Mr.. Furman,
who was by no means pleased, ceased to
concern himself in the case, and certainly,
as counsel, considered the Bank OF the State q
Ss ssgi Ss bg order s5 Of
the Chancellor, been paid into Conrt); because
believed that inasmuch as the fund was already IN
Court, by order, and the Bank OF Charleston ana
the other claimants on the fund were satisfied the
Bank Of the State was sufficiently protected, and
had no interest in Withholding consent. II there
had been "conniyance" between the parties, res
pectfuIly submit that the case would not have
been carried into Court. The arrangement, II con-
nivance existed, could have been accomplished as
aaectuslly, and much more expeditiously and
conveniently by the parties themselves, with
out the intervention Of the Court. The real con-
troversy, which continued up to the decree, was
between the Bank Of ChaRleston and the claimants
represented by Sloan. When these contestants,
after several references and an examination OF
Witnesses and vouchers, came to compromise,
the consent Of Upper and the Bank OF the State,
I as their counsel, considered as mere matter OF
COURSE did not consult them, and alone am
responsible. I respectfully ask reconsideration
Of fhe order making them ultimately liable for so
much Of the fund as cannot be collected from
The recital states that neither the United States
Government nor the State of South Carolina were
parties to the proceedings. The latter could only
have been made party through the ATTORNEY
GENERAL Of the State, which office !! hold. |
represented, as Solicitor, three defendants, and
should certainly have had the State made formally
a marty. through me, If hadsupposed that, in
snv aspect Of the case, the State had interest in
the fund, or any claim to dispose Of it. state
now, under oath, that, in my best Judgment, the
State had no interest in the case, and no shadow
Of claim 10 interfere. The money was advanced
by the different Banks Of the State at the instance
Of the Governor, but with an ayowaI OF his das,
ability to bind the State to refund. He promised
only to recommend the Legislature to DO 30, ana
even this was never done. The money never went
into the Treasury Of the State, nor was
ii eper intended hat u should. The advance was
made, it is true, Gin the confidence that the State
Will make it good" The fund was deposited in the
Bank Of the State and made subject to the check
Of James Upper, who was, at the time estate
Auditor" and placed under the direction OF ellis
ExceIlency the Governor" vet it was 7euey dccept-
ed as loan by the State. The parties selected
acted outside Of their Offices and in no way bound
the Stste-the fund being placed to separate and
special account. It was dedicated to specific
pu,pose, and that falling good faith required that
xhsteyar remained should be returned to those
who made the advance. claim Of the State ON
the portion Of the fund saued, when the State
acknowledged no liability for the portion lost, in
INV opinion, would have besn dishonest. still
think that there was no 1mpropnety IN not max
Intentional disregard of the interests Of the
Nor did those concerned consider the UNITED
srAIrs necessary or proper party to the proceed
mas. A direct present claim OF property In the
fnnd ON the part Of the United States Government,
It WAS supposed, could only arise through, and BY
virtue Of some claim or interest," or right OF con-
troll. at soue time, belonging to, conceded to, or
assumed by the defunct Confederate Gouer1 naent:
I certainly believed then, and believe now, that II
the Confederate Government had been In exist
euce, and acknowledged by all the world, IT would
have had no sensbtanoe Of right to use, direct Or
control said fund, after the emergency had passed
Ti, Nonfodarafa G0veynuaenf never had the