The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1867-08-14

And in the Registrof this Court such books and
indexes are Kept admirable condition, and as
public property. bless, therefore, the file book,
minute book and ecree book are also removed,
the taking Of the original papers off file will not
accomplish any pulose OF conceament, partlcu,
larly if the orders decree cmtrsce statement
In this case The Fe Book Of the Register has a
note OF the fling o each paper and order in the
cause, including thu order for tsklng off fle and
in his Minute Eo,k is recorded Zach order in full
on the day it was taken, including the order to
docket, with the prudential reisons" on the face
Of it, the orders fc distribution which set out the
plain history Of tie transaction, and, finally, the
very order in qustion for removing from file.
What purpose of oncealmelt, then, could be ac-
complished by taking the original papers from the
Office and leaving blind all the orders On record,
and the whole of tic evidace on file in the Mas
ter's Office? The ,are stGement of the facts is
the strongest argument incur behalf, and must
satisfy ali fair-mined perons against the exist
ence OF any such OBJECT. 1t may be added, that
when one goes to lOk upt case in the Registry,
the File Book and he Minute Book are his first
resort, and not the oigina papers; that all the or
in open Court and before he assembled Bar, and
all other persons prssen; and that the papers
taken from file were not My not destroyed, put
we're promptly furniihedas soon as information
was received that inqrirya been made for them.
1t may be asked, why tbn were the papers taken
off file? The best aiswr to this question is
statement of what occ1rpd in the Court room be-
fore the Order was preseted to tie Chancellor.
ONLY two OF the counsel il the cause were present
The one to whom the oner was presented, after
reading it, inquired "wht il the use OF this Or
der ?" To which the otherrspied 'sit will prevent
specializing claimants from using these proceed
ings to hatch up their claiH and reopen this set
tlement." Thereupon the Order was presented,
and having the consent all the counsel, was
signed by the Chancellor.
It may be added that if;here were conniyance
between the parties the ed could have been at
tanned more expeditiouslyand ehectually without
application to the Chancler, or in private at
Chambers; that the publicly given to the transac-
ton by docketing, and taing the orders in open
Court and putting them pom the journals is ut
terly incompatible with tb idea OF concealment;
and that although one lawer might possibly have
fallen into the mistake oftaking the original pa
pers off file for the purpoe OF concealment, with
the whole history of the sit and Of the fund blaz
ing upon the public recor books Of the Court, it
is hardly reasonable to uppose that so many
would have united in 30 papable and egregrious a
blunder.
In relation to ChancellolL Lesesne, We are bound
not only by the alegianc Of our hearts, but by
every consideration OF hoDr, truth and good con-
science, to protect him frm all injurious imputa-
tion. No mention Of an title or claim Of the
United States was ever made to him. He dealt
with the case upon the pladings before him. To
those with whom the CHANCELLOR has lived his
whole life, no such vindiotion Is necessary. But
to all who have not 80 known him, it may be said,
in all truthfnlness, that, although he may commit
an error of Judgment, he incapable Of any know
ing violation Of conscience or official duty. In the
assembage OF virtues tha constitute, by common
consent, one Of the most beautiful and exemplary
of moral characters in our community, scrupu-
ilous conscientiousness is perhaps the most dis
tinctive and conspicuous: He has always been SO
clear, not only in his highofice, but in his whole
life, private and public, TINT men cannot and will
not, believe that he has consciously committed a
fraud or done q wrong. His lifelong pursuit OF
virtue and excellence would be Of little value, if it
did not stand him in stead TO that extent. No one
would be bold enough to ask him to soil himself
with corruption.
temper or offence. But NO are not without the
sensibilities Of men who IRE conscious that they
have regulations worth defending from any charge
or appearances, or suspicion OF professional misl
conduct. We know that there are not many rights
left to our unfortunate people. But among such
as are left we do hope and trust there will be left
the right Of speaking openly and freely in defence
Of their own characters, and also the right, or at
least the PRIVILEGE of defending what they regard
as their property in the civil tribunals established
by Act OF Congress for that purpose. In relation
to the first we abide with confidence any e1amlna-
ton that may be instituted and in relation to the
last, we respectfully ask that the rights of oul
clients and OF the United States may be adjudcat-
ed in the Courts Of the United States and that the
portion Of the fund represented by us may be paid
into Court 10 abide the issue Of Judicial investga
ton.
! Very respectfully, your obedient servants,
w. D. PORTER.
CHARLES e. SIMONTON.
JAMES CONNER
THEODORE q. BARKER.