New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1873-12-27

modest. This is all ne asks simply an ap-
poiptment to secOnd-rate foreign mission !;
and he is willing to take his chances Of con-
6rmation by the Senate If the President will
appoint him.
Such an exhibition of magnanimlty is very
rare 1t is not too much to say that there is
not probably another Judge on the bench Of
the United States Court who, with impeach-
ment for drunkenness and malfeasance throat
ening him, would stand up in this manly and
generous fashion and offer out of hand to
"swap off" .iudgeship for second-rate for
eign mission and to take his own chances for
confirmation by the Senate. Our history has
so far offered no parallel for it, though it
must be admitted Judge Delahay of Kansas
has not been heard from The latter's resig-
nation is reported to have been written and to
DO on the way to Washington, and it is barely
possiblo that he may have made better offer;
but it is not probable More likely he has simply
resigned in expectation of something better.
A State that sends POmcrOy and Caldwell to
the Senate must have something handsome
in store for Delahay. The resigna-
ton of Judge Sherman of Ohio offers no
parallel for this, for the reason that there was
no speculation in it, He simply went out.
Disagreeable people having said that he was
in the Washington lobby selling his influence,
and having gone so far in their brutal insinu-
ations as to offer TO prove it before the
Senate Judge Sherman simply said, with
great deal of moral dignity, just as Senator
Patterson of New Hampshire had said before
him, of this is the way public mon are
80 treated, I'll have none of it, and resigned
ut once.
Judge Durelps case is different. He has stood
by the Administration. He has saved State.
1t is through his earnest patriotism that
Kellogg is Governor Of Louisiana and Pinch
back possible Senator. The Administration
is in his debt and he knows it. But just
because he gets drunk and leans against the
Administration occasionally instead of letting
tho Administration lean against him. it is pro-
posed to impeach and depose him. The Judge
has living to earn somehow, and it is simply
question with him, under the circum-
stances, of trading off one Office for another.
In this view of it who shall say his
proposition is not more than fair-that it
is not, in fact, exceedingly liberal The
Government owes Judge Durell first
vices. Instead of insisting on that he only
asks O secOndrate foreign mission. Worse
men than he, no doubt, hold frst-rate foreign
missions now, and to refuse him so small q
boon would be the hight of ingrattude. His
willingness to take the chances of being con-
firmed by the Senate is a clear proof of his
capacity. He understands that distinguished
body thoroughly. He knows that Senate pre-
sided over by Mr. Matt Carpenter, and that
has lust confirmed Mr.. Alexander r. Shepherd,
and is only waiting for pretext to confirm Mr.
Williams will not be likely to make much
ado about confirming Dureu for
second-rate foreign mission. He is not certain
how he might fare on an impeachment, but
he is quite clear that as candidate for con-
firmation he need only say to the Senate that
no has been vilified and abused, and that he
demands to be vindicated. No man goes to
the Senate to be indicated in vain. There
was never legislative body so sensitive to
such appeals 1t never stops to call for testi-
mOny or summon witnesses. Any supporter
of the Administration who has been charged
with being drunkard, thief. libertine or liar
has only to present tho fact and name his
office. The Senate vindicates him without a
question.
In the case of Judge Durell there could be no
doubt of his confirmation. We are surprised to
learn from Warrington that some doubt exists
as to the acc4 Btance of his proposition by the
Administration. 1t may be, however. that it
is held in allegiance until the appointment Of
Judge Williams as Chief-Justice is acted
on. Durel's chance, for the Chief-Justice-
ship are not so bad tho way things are going.