Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1873-02-26

eminent be permitted to stsnd, lis con-
strained by the force of evidence to de.
nounce the conduit of Durell In the strong
est language. aThe conduct of Judge Du-
rel, i" said Morton, in his separate report,
''cGnnot be justified or defended. he gross
~ exceeded his Jurisdiction, and assumed
the exercise of poOers to avhich he could lag
no claim" MIR. Morton continues bis de-
nunciation Of Duren IN the sane forcible
strain, and concludes that part of lis re-
port with these remarks:
"But the pretepse that, in suit TO per-
petuate testimony, the court could go be-
yond the natural and reasonable jurisdiction
to decide who constituted the legal Return
ing Board under the laws OF Louisiana, and
to enforce the rights of such as it might de-
termine to be members of that Board and
to eDjoin others who were not, IS acithout
dry foundation in lalr or logic. In the
Antoine case Judge Durrell not only as
sumed to determine who constituted the
legal Returning Board, but to prescribe
who should be permitted to take part In
the organization of the Legislature, and to
epjoin ali persons from taking part
in such organization who were not
returned by the Lynch Board as elected;
and this assumption of jurisdiction was
made in the face Of the express provision IN
the act of 1870 that its benefits should not
extend to candidates for Electors, for Con-
gress, or for the State Legislature. HIS or
der issued IN the Kellogg case to the Una
ted States Marshal to take possession OF
the StGtehouSe for the purpose of preventing
VlliGarfuL dSsembLGgeS, under tchich the
Marshal called to has aid a portion OF the
army of the United States as a posse conf
tGtus, can only be characterized as a gross
uSlTpdti0n."
The whole Committee handled this in
famous Judge with the same deserved Sc
verify; and when it is considered, says the
World, ''that without his illegal aid the
Pinchback scheme could not have succeed
ed, and Gov. McEnery would now be in
peaceful possession of his Office, we are
prepared at least to form correct opinion
Of the conduct of President Grant, howev-
er opinions may differ as to
the most expedient method OF
redressing this great wrong. The conspira-
cy of which Judge Duren was the subser-
Went tool, derived its whole effective
strength from the support given 1t by the
executive authority in Washington. Pre-
sident Grant is responsible for the infamous
conduct of Judge Duren. Had it not been
vel. understood in New Orleans that the
President was conniviDg at this usurpation,
none of the parties to it would have dared
to proceed in their shameless course. Durell
and the Administration clique who used him
supposed, with good reason, that they were
carrying out the wishes and recommending
themselves TO the favor of President Grant;
but had be conveyed to them any sign Of
disapprobation they would have forborne to
prosecute their conspiracy. On him there
fore must rest the responsibility of the dis
graceful and perplexing usuTpaiion which
his supporters reprobate, although they
cannot agree upon a remedy. Nor was it
merely by silent connivance that Gen.
OIdub oDc6Ocu ILLS ElOuSlIOuS 1AoON'
While it was being perpetrated, he gave it
his open, Jealous support. When a
committee of the most respectable citizens
of Louisiana were about to come to Wash
ington to lay the facts before him, he
caused Attorney-Generai Williams to send
them q snu5bing telegram warning them
against a booiless mission, and informing
them that nothing they could say would
cause him to withdraw his support from
Durell and the usurpers. He also caused
the Acknowledgement to send telegram
to Pinchback recognizing him as
the Governor of the State, and
promising Federal troops TO put
down all opposition to the bogus govern
ment. Had he informed himself Of the
facts and given the conspiracy rebuke, it
would have withered, and the present de-
plorable muddle would not exist. The fact
that an able committee of the Presidents
oWnparty unanimously condemn in Febru-
ruary the things which he encouraged and
supported in December may be justly con-
strued as an impr ssive verdict against
him. Differences respecting the proper
method of redress will not shield Gen.
Grant from his responsibility for the evil"