The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1873-12-25
CULUMBIAI.,., II S.. G.
Thurs lay Morning, December ,cs Is. rs


1Bt4u0 against = 0uoEal U6urp0tlOn nav
ing mado successful progress before The
bar Of public opinion, is nov favorably
entertained by Congress. The conduct
OF Durell, Che convenient judicial tool
OF the President and Attorney General
Williams. has been lately overhau!ed BY
the Senate Oommittee on Privileges
and Eieutions. La areport all its mem.
bers unite in strong condemnation OF
his jodloial acts as illegal. void and with
out jurisdiction. Tho majority Of this
Committee. composed V Republicans
Messrs. Carpenter, Logan. Aloorn and
Anthopy-speak Of the Louisiana taDgls
as melancholy business, and Dnrell's
part In it aa the saddess chapter 10 IL.
They declare tte.:
Viewed in any light in which your
committee consider them, the order and
injunctions granted BY Judge Durell in
this case are most reprehensible, errone-
ous in point Of law, and are wholly
void for want of jurisdiction: and your
committee must express their sorrow
and humiliation that Judge Of the
United States should have proceeded in
suoh fragrant disregard OF his duty, and
have 30 far overstepped tho limits Of
Federal jurisdiction.
Mr.. Morton says that "hs grossly ex-
ceeded his jurisdiction" and that his
order issued In the Kellogg case TO tho
United States Marshal. to take possess
sion of the State House, under which
the Marahul called to his aid portion
OF the army of the United States as q
posss comisatus. Scan only be character.
ized as gross usurpation." 1.-THE in
tervention Of Judge without jurisdic-
tioa of the case. = is the language used
by Mr.. Hill. another member of the
committee. Mr.. Trumboll denounced
the proceedings at greater length and in
still stronger terms. BE says:
That neither. the Pinchhaok nor the
Kellogg State Government could have
been set up, nor the persons returned
by the Lynch Board as elected to the
Legislature have assembled and organ
lied as Legislature, but for the unau-
thorized aud usurped authority exer-
cised by Judge Darell. supported by
United States troops. e"Cl
Thas same night, December 8. be.
tween and IL O'Clock, Judge Durell,
at his private lodgings, issued his order,
which,. for want OF jurisdiction, was
void and entitled to no respect from
anybody, directing the United States
Marshal forthwith to take possession OF
the State House, TO hold the same until
the further order Of the court. and pre-
vent all unlawful asaemblage of persons
therein; having reference to the persons
returned as elected to the Legislature,
according to the official returns.
These troops continued to occupy the
State House for more than six weeks,
until January 81. and it is manifest,
from the whole testimony, that they
were not there to preserve the peace.
but to carry out tho illegal orders of
Judge Dhroll. and prevent the legally
elected members of the Legislature
from Assem- mbling and organizing.
All the members of the committee
ore strongly pronounced Republicans.
with the exception of Senator Trum.
bull. who is Libernl Republican.
Their unanimity is significant. The
steps tak-n in the House of Representa-
tivss go further. 1t has appointed COM
mittee Of investigation, composed of
Messrs. Wilson, Eldridge aud Frye. to
proceed to New Orleans to take testimony
in reference to Dnrell's alleged compli-
city in certain suspected frauds in bank
rnptcy oases, and in reference to the
charge of exceeding his jurisdiction.
This is said to be q staunch committee,
which will probe things to the bottom,
and find, no doubt, sufficient cause for
Durelrs impeachment. It will collect
and present matter to the House Judi
ciary Committee, which has been spe-
cially instructed to inquire into the
whole matter. with view TO this deci.
sive action. II Durell should be i'm
peuched, the Kellogg Government,
which rests upon his unwarranted Judi.
cial processes, would be seriously i'm
paired. Pinchback claims seat in the
Senate, holding certificate OF election
from that Government, and, notwith.
standing the language of the committee
to which we have referred ha rnctor