New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1873-08-05
JUDGE DURELL AND HIS DEFENDERS.

| OOUDC Whatever OI tuG result.
JUDGE DURELL AND HIS DEFENDERS
The Washington Chronicle has lately
devoted some considerable space t.
the defense of Judge Duren, OF
Louisiana who had the bad taste
last winter. to differ with our De-
mocracy upon some points of Law. The
fact that those who held against the judge
on that occasion were directly interested
parties did not prevent them from assail-
ing his character, while at the same time
they extolIed their own. This showed
very bad taste, and it was so regarded by
the majority Of the people of the North
who had their attention called to the mat
| ter at all.
There is but one complaint that we ever
heard seriously urged against Judge
Durell in connection with our State cleo
| ton cases. His detractors have never in
tiMated that he acted from corrupt mo-
tives, because they knew such charge
! would not receive the belief of their own
party. But they complained very loudly
Because he exercised jurisdiction in a case
which they hoped to try before court of
their own creation. So far as We have OBJ
served, it is not even commended that he did
not decide the case according to law. lis
ofanse consisted in the fact that he de-
cided it at ali This, pure and simple. is
the head and front Of his offending. I:
was not much " case, but there was a
deal Of fuss made about it. Two or three
hundred people. who are not oele-
brated here for their legal acumeh,
though several of them have proved to be
respectable trades people, acute vendors
of Northern manufacture. good desk
hands in insurance and bank offices, ETC.,
rushed off to WashingtoL to lay the mat
ter before Congress. Governor Warmoth
was the political leader Of this crusade;
Judge John A. Campbell was the legal ad-
wiser: Mr.. Hugh McCloskey appeared in
the character Of First Respectable Old Citi-
zen, with others appropriately distributed.
Three trunks full of calculated returns"
of our election were sent on to play the
part of witnesses, if deemed advisable,
while flies Of the Pic0yune and Times, the
latter being illustrated for the occasion
with very bad fac smile of the judges
bold and manly autograph, were also taken
and put il evidence as to the state Of
popular feeling
This exodus of indignation, this ava.
lanche OF responsibility in white heat.
poured into Washington all of sudden,
came near to befogging five Or six Of the
politicians who then happened to be
members Of the Senate CoMmi tee OF
Privileges and Elections. At least five of
the number being prominent candidates
for the presidency, and conceiving the
idea that the best way to secure 'the
South" was to immediate Durell, they a.
once lodged the main question and
wasted their time, their indignation. and.
as the result proves, their popularity, in
preparing a censure of one Of the v-isest,
justest and most incorruptible 1riists that
ever presided in federal court. The
Senate committee on that occasion had
the bad taste to go outside Of the proper
limits OF their inquiry to censlre the
conduct Of a member Of a Coordinate
branch Of the government, whose acts
were not before the Senate, and can not
be placed before it 10y any authority short
of that Of the House of Representatives.
The American people have not forgotten
this, and are not likely to DO 50 soon.
THIS IS lot the first time that the voice
of the nation, uttered through :. United
States court, has provoked the wrath OF
parti5ans. even in the halls OF Congress-
But we do rot remember another case liz
which the indignation was carried to such
a higa state OF efervescence on such in
adequate grounds. For let it not be lost
sight OF that all the Democratic world
was il fury because United States cir
IL
case wherein the lawyers of that party
held he lad none. Only this, and nothing
more. If the Supreme Court Of the
United States shall ever pass upon the
question it will either decide that Judge
Durell erred Or that he did not I: yea,
be will simply be in the same position as
hundreds of others have been before.
Other judges have many time had cases
sent back to them with directions to dis
miss for want OF Jurisdiction. Even tie
Supreme Court itself is frequently divided
On this subject, but it has never been held
Is az improbable efense for the Judge OF
~ inferior I nited States court to err in |
Judgment. b.; if nay. if the Supreme
Court shall determine that Jurisdiction
was properly entertained. we shall have
eitLe. !. ,eyisio. OF that famous report, CT |
= supplement to it. Either the Senate
will be expected to confess that |
they blUudeyed as to Judge Durell. Or !
hey ,lus. include the Supreme Court in
he rather STACEY auathemas they hurled |
It him.
This really being the whole case, VI: re-
gard ii Is kind and well meant on the pa.
}. the tiT.''c'e and its correspondents to
tie character OF Judge Dureil;
Jut we have some doubts as to the necas-