New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1873-08-05
The Democracy and Judge Durell'

a Few mornings s.nc. we printed letter
! addressed to Ex-senator Harlan by j. F. Bar
! ret-. Jr. a native of New Orleans, on Loulsi-
ana affairs. This letter explained itself and
! needs no comment. Its statement Of facts
! and recitation Of the law governing the
| ctiic ciais Of that State III the recent coMp:.-
cations are deemed reliable, and seem 20
nave justified their action under the cir
c1m,.auces by which trey were snrroundec.
b.. tne most significant feature OF the cor
:otve:sy :s the disclosure OF the letter the
New Orleans bar, addressed to Judge DuteIi,
demonstrating against his res signatlon OF the
Office OF Judge Of the United States court.
TLis letter was given 20 the public Tor the
-Is. zine in hat communication. 1t Is tCc
IMPORTANT in its significance to be gwen tue
''go-Dy' with only d passing notice. Ike
following is the document referred to:
New ORLEANS, June 6. 1871.
Hon Edward II. Durel:
DEAR sIR-The undersigned members Of
the New Orleans iaT have heard with p.o.
fcund regret curleL. rumors that you n
te.d 20 resign your office Of judge ct tie
D.s.-ic- Court OF the United States. We
trus. and believe that .hese rumors are NJ
tucuGed, bur that NJ efforts may De spared
i'll J.eserying TO the country the SERVICES OF
tried. faithful, abIe. learned, and incor-
-up,4ble ,uage. We DO respectfully rempr.
u
AID ask :nat should there be any truth IL
:lese reports that you may reconsider the
matter, md for the good Of the country re.
maiC upon The bench IL the courts OF tie
United States.
J. A. Campbell. Emme: d. Craig and
Gwen Campbell, Democrats; G. Eoselius,
Democrat. leader of bar; A. p. Field and ?.
H. Morgan, Republicans, Thomas H9nton,
Z. 7. MerI;ck, John II. kennard. T. s. Nc.
Cay, Samuel c. Reid, j. Mcconnell, Demo
cra.s; c. s. Kellogg, Republicans; A: A.
Atocba Democrat: William X. Whitaker,
Gus. A. BIeaux and A de B. Hughes. Dem
crscts: Simeon Belden, Fusion, Warmoths
Attorney General; John B. Weller. Demo
c1a.. ex Senator OF the United States; John
II. Ilslev, Democrat; Henry C. Miller,
James c. Walker, Charles Rice, J. L. Whit
taker and J. E. Wallace, Democrats:
George S. Bright. j. r. Beckwith, Repub-
lican, United States district attorney; Oc-
rave Mosel, Democrat; w W. Handling,
William Grant, Republicans; G. Schmidt,
Democrat; E. c. Billings, Republican.
1t will be seen that this letter is signed
by thirty odd leading members of the Lou
isiana bar. Seventeen tmore than half OF
them) have sufficient national reputation to
be known 70 be Democratic leaders. To
these NAV be added the Fusionists. Tie
politics OF several OF them are not known
70 the writer of this article. Several others
are known 70 be firm Republicans.
Of the Democratic s!gners may be To-
.iceG the name OF j. A. Campbell, ex-Asso-
ciate Justice OF the Supreme Court OF the
United States. who took leading part ii
the rebellion; the maine OF John b. Weller,
ex-Cnited States Senator. formerly Dem
ocratic Governor of Ohio, and afterwara
United States Senator from California:
Rosel.us. probably the creates. Democratic
lawyer OF New Orleans. and Simeon Bel
Geu, Attorney Genera. OF Louisiana under
Governor Warmo.h.
!. is NO. necessary 10 name others N de-
tail. Tie names OF these are sufficient to
prove that the letter was intended TO be a
full endorsement UI Judge Durell. who had
minated his intention 10 resign the posi-
ton held for She eight years preceding as
Judge Of lie Distrco court of The United
States. They desired to dissuaGe him from
executing this purpose. They knew him
well. He had been a resident OF New Or
leans for over thirty years. He had prac-
ticeG with some of them at the same courts
for long period before his appointment
to this judgeship 10y Mr.. Lincoln. Over
twenty-five years ago he had become prom
inen- in the municipal affairs of the city Of
New Orleans. He drafted the charter OF
the city, and was prominent in the pe.!tO-
jurisprudence Of the State.
A. the time they drafted and signed this
letter they knew that he was a staunch
Union man. They knew that he resisted
the rebellion from the very beginning, and
that after the capture OF The city by United
States troops he aided actively in restoring
20 it. under the United States laws. civil
government, and that he was an active par
tlcipant IL the reorganization OF tie State
government.
They knew. also, that his appointment to
this judgeship by Mr.. Lincoln, as early as
1868 was intended to be a recognition Of his |
uIfinching support of the Union cause. as
well as OF his standing as an able jurist. |
They knew, moreover, how he had aG- |
ministered The laws in New Orleans during |
its occupancy by Generals Butler AID |
Banks armies. and afterward up to the |
date ct this letter. They heard his daily |
decisions IN the enforcement Of the con1is. !
cation acts. non-intercourse acts. and, Iiral. |
ly. the several reconstruction acts passed |,
by Congress. They knew that these various .
decisions disposed OF title in the aggregate |
Of over 50 00O, ,0Q0 worth Of property. and |
that few OF his decisions had ever been re.
veIsed hy .Ae Supreme Court OF the United |
States.
With this food of light revealing his per-
sonai and official character before them, al !
exUnlted States Supreme Judge. j. A. |
Campbell; an ex-United States Senator. |
the State Of Louisiana, Simeon Belden, and !
fifteen or twenty other Democratic lawyers |
If New Orleans unite with handful of Re. ;
publican members of the same bar in tell |
Ig tins Judge Durell that they have heard |
With profound regret a currenp Tumor that !
le Intends to resign this judicial ofnce;" tina. |:
hey ''trust and believe these runiors are !!
"r'lt !hat no etfOft. may be
paT.,. ~ preserving t. tiic 'our:,s rte s.r /:
s,if ALL, l...-..} .~g.;
".o.ru.1ih.e 'G.e. the; ire sf,e. e.tt.l!'
..u": ..a..: a".ins' ms intended :eSISn..
lon. nd add that they make this appea!
for the good Of the country
1t was in the face OF this record, written
~ themselves, that several of these men
lnited with other Democratic leaders N
heir attempt to ruin the character of this
anne judge, for no other reason than that
le afterward issued an order TO enforce
United States statute in New Orleans,
which resulted in the defeat of gigantic
raud. deliberately planned by the De-
nocracy to secure the political control 0!
he State.
1t may be that Judge Durell erred in his
Interpretation of the law in this case. But
so this has not been SO decided by anv !
judicial authority, and was X
armony with the decisions OF the courts of
be State of Louisiana, and on the side OF
lstice and right; and its results only pre-
ented party contessedly in the minority
rom acquiring the control OF the State by
-aud and violence.