The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1868-09-05
It is our part more appropriately and proper
" to speak of him in his judicial station and

IL l6 our part more appropriately auO proper
ly to speak Of him in his Judicial station and
character.
The Office Of Master in Chancery is of great
antiquity, authority, honor and responsibility.
That officer is entrusted with very extensive
judicial powers and authority. and is charged
in general with the difficult and laborious duty
of pre- pairing causes for trial, and OF reporting
| them to the court, with his opinion on the law
and the facts, for the final adjudication OF the
Chancellor.
What amount OF industry, labor and legal at
tainment III necessary for these diversified ard
important duties is well appreciated by the
scientific Chancery practitioner.
In the past seventeen years. during which
period Mr.. Upper presided in one of
thess Departments in Chancery, many OF the
most important causes, both public and rri-
vate, that appear on the records of the Courts
OF this State, were submitted to his consdera-
tion. How he accomplished the arduous task
is testified by the universal applause OF
learned and enlightened Bar, by the common
Chancery, and on appeal, and by the more en-
during records Of his opinions and judgments
themselves, in the immense mass OF reports
which came from mis- hand, and now remain in
the registry as lasting memorial OF his leara-
ing and ability as Judge, and OF bis integrity,
industry and fidelity as public officer.
His labors were incessant, his Office was open
oStS1SAOHN
suitor and solicitor. Amidst the often tedious
and protracted trials and ardent controversies
before him, his unwearied patience never for
sock HIM. The amiabIlity of his disposition
and the unvarying courtesy OF his manners con-
yerted labor into pleasure and his dignity and
composure repressed irregular tervor, and en-
sured the respect and consideration due to his
person and his tribunal. his quick perception
discovered Immediately the points of the case:
and bis sensitive apprehension OF Justice was
never obscured by the adroltness OF logic, nor
misled by the Establishments Of rhetoric. His
firmuess and st:enRth Of will, when he had at
tanned what he thought the ''veIy right, knew
no fear Of consequences. and confirmed and
fixed his upright and intelligent conclusions;
and thus, by the virtuous WISE and faithful
administration Of his judicial Office, he justi-
fed the well merited claim of the Court OF
Chancery-"Nul vinoimus, nuli mega, imus,
aut differemus rectum, vel jrstitam."
Our departed friend exercised his functions
as Master Of the Court during period IN
which the principles of equity Jurisprudence In
this State were cultivated in q very high de-
gree, and when that enlightened system OF
judicature was illustrated by great learning,
wisdom and integrity, as well on the bench as
at the bar, and he fairly earned and I well az: de-
served tull share Of the honor OF that estima-
tion and authority which the equity judgments
of the court will ever command in the tribu-
mails Of this country and elsewhere. The court
has fallen victim to that spirit of change
which levels the molume Its OF the past, but
he has been spared the view OF the crumbling
ruins of that grand intellectual edlfice on
whose sacred walls were inscribed the memo
rials Of the wise, the learned and the great.
Rtsoloed, That in the death Of James Tup-
per- ESQ.,, late one of the Masters of the Court
of Chancery Of the State of South Carolina, the
Bar OF Charleston deplore the loss OF mem
Der Of their fraternity, who eminentlv- illus
trated the learning and principles OF the pro-
fsssion, an1c friend and brother, for whose
memory they will ever cherish warm and az
fectionate regard.
Resolved, That the Court Of Chancery has
lost an officer, whose learning, integrity and
zeal in the administration OF its wise and ben
efcial system of judicature, contributed IN an
eminent degree to dispense justice to all men
with an even hand.
Resoiued, That the community has lost q
respected and valued citizen, whose remark
able energy and activity were 30 constantly
and usefully exercised in their service and con-
tributed 30 largely to promote their prosperity
and welfare. .yi'
Resolued, That the Bar Of Charleston tender
to the family of their deceased friend their sim
cere sympathy and coincidence on the bereaye-
ment which has 30 sorey afflicted them. That
whilst they have been deprived Of the beloved
object Of their affections, they have still the
recollections of his honorable, virtuous and
pious example, and may well indulge ''the rea-
sonab!e, religious aud holy hope" that he has
exchanged the trials of this life for the fruition
of eternal happiness, for indeed to him "to die
was gain"
The prearablo and resolutions were second
ed in addresses suitable to the occasion by Col.
1. W. Hayne, B. G. Prsssley, Esq, G. R. Miles,
Esq, Gen. W. G. DeSsussure and A. T.
Smythe, ESQ.,, and were unanimously adopted.
MIR. Miles moved that the preamble and re-
solutions be presented to the Chancellor who
holds the next court in Charleston, with the
request that they be spread upon the records
Adopted.
On motion of W. A. Pringle, Esq, it was re-
solved that the proceedings OF the meeting be
published in the daily papers Of the city.
On motion, the meeting then adjourned.
EDWARD McCRADY, Chairman.
A. G. MAaRATH, Jr., Secretary.