New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1873-12-21
30DGE OURE11.

l
be afforded an opportunity Of proving
their numerous SANDERS against him, o.
sabsiding into defeated silence. The
friends of Judge Durell in the House o.
Representatives have demanded and OBJ.
tanned committee of inquiry, with powell
and instructionsto inquire into every cir
cumstance and sift all charges to the bot
tom. Ostensibly the investigation is to
be conducted foS the purpose of ascertain
ing whether the judge wrongfully exer-
| cised jurisdiction in the celebrated csse of
Kellogg " McEnery, decided about a
year ago, in which questions were involved
affecting the State government With
| the results Cd consequences of these
proceedings the judge, of course, has
| nothing whatever 10 do. Neithe1 has
the House copmittee. They may inquire
whether the decision was procured through
improper influences and corrupt means
If it can be shown mat the Judgment was
gained by bribery, or the promise of gain,
then there will be o basis to go upon, even
though II may aftesward be affirmed by
the Supreme Court When Lord Bacon
was on trial before the House of Lords for
taking money from parties in whose favos
he decided he defendedhimself BY saying
chat though he had sold justice, he had
always been calefl 20 sell 30 those whe
were entitled 10 it. This was taken as a
confession Of guilt, and he was con
demned, not for rendering erroneous or
improper decisions, bu, los sscsiving pay
for doing his duty.
Now Che charges against Judge Duren,
az stated by his enemies, when sinplifed
anonnt to just this: He exercised jurisdic-
ton in and applied che laws of the United
States 20 case IN which such able jurists
as Messs. Ogden, Mari, Booth, che pr>
nesous editors OF Che late Picayune and
the more teceRt Herald and the lamented
Times thought he had 90 night to inter
Sere. Senators Trumbull, Carpenter, Hin
and even Morton, also held that he had no
|
these gentlemen combined constituted the
appellate court appointed by law to reverse
the DEGREES Of circuit court, il happens
that their individual opinions possess no
judicial force, nor would it present case
foi impeachment Of the judge we're she
Supreme Court, BY unanimous vote, 20
reverse the whole proceedings, nor would
it cass stain upon the integrity Of Judge :
Dufell
We ere BY 90 means Of sne opinion
that the Supreme Court would follow the
aetracsors Of our eminent juriss in their
Of his official conduct. i
will be BONE in mind that many of them
we're prompted BY feelings Of resentment
caused by disappointed political schemes.
Nearly all che Senators, Morton excepted, !
oad point to gain BY assuming an atti-
Iude Of hostility. We have always
,heaghs che Distinguished Senator from
indiana viewed II simply as a aatte1
wherein Judge Ouell had exercised juris-
hctlon In case Of doubt; but rs he had
not the pleadings before him as . Judge, I
his opieions, 50 far - they we're e1-
pressed can only Be construed as Of po-
iticaI significance !,
It is q little singulai that not enc Of all }
Judge Durells detfactors base beea able
o state in oral argument, Of write in let :
e. report o. editorial argument single
entencs charging him With guilt Of any
lind The most that can be made Of all
he charges against him SO Mr. even if
hey be established, is that he erred in ! ,
Judgment in matter where he has hun
lreds Of thousands of able men who Aoh
With him. II that Be IN impeachab!e
,fiease iet his foes make the most O$ IL