New Orleans Republican., 1873-03-09
Judge Darrell.

last Tuesday.
One Of the PLANES: aad inost :ndisput-
able rights of citizen o. .hs United StateS
accused Of a violation of law. Or % any mis-
conduct in or out O: Office. is that he s1aH
not be condemned without a hearing no
presumption of law 9 70 favor OF !hhocohoe.
and guilt u.ust always .e proved @ho1noii
undoubted ;nle Of law 3. that an 'Ctuoo" 1s"oI,
party Gan only 20 tried before ms proper
i;udSe after notice gwen, and spon specinc
cnaraep A third principle OF Jaw Is In''
the acts o. publ. officers arc Always H. H.
sumed Ia have been rightly dohe' no
maxim is Ca;NiH ~: sS@. "-d W X,
Sill anothe- rule Of 'aw - that no oAe
department Of the government sha-1 ~ 20. ''
,are With or invade the .uflsutcliot VI a.
o+I,ar denar.1nent. The prOpr.ety OF Sucn
- - nhvious. The constitution dlvine.
+b. ,,ovornmeD. nto three co equaI Gepari'
,ar Ie0isIative executive ana !uulcial--
,ch distinct from the other. yet lolihlil2
one Government. There - provision hiTuc
for tIe punishment 0: misconduct. III ONCE
and ont of Office oi members Oh tho tAeGu'
five and judicial branches. but IL ID ~ 1e
inflicted only in one wa, E4I ny !ihpeao'l
1nent. If the executive sna-t oe "cGunou .Io'2i
~ bavinp com mmitted an Impeachabie 0fense
bv the department having the power and
charged with the duty OF making the accns.
ation the ONLY proper and legal method OF
nrocedure is 10 bring MIN before the tflop
nal pointed out in the constltutlon-that is.
before the Senate sitting as a court of IN
northumberland upon written. speClhen
CHARGES. He is entitled TO DC heard IN his
defense Without suck hearing the juog
ment and sentence would DO without iegai
effect. in fact. utterly null and void. Like
nrooeedipgs are to be instituted IN cases
whore the members OF the Judiciary depart
mept are accused of iimpeschable oftenSes'
Neitber English nor American law conten-
plates that the acts OF the executive anu
judicial officers of the government are 70 De
| subject to the investigation OF the Iegl,ls-
ture, especially in cases where the law mas
| vested these officers with discretionary
| power, 1t is, in fact, an elementary pfihci-
nIa that where discretion has been gwen to
| fbo off;cer he ,hal not be answerable soG
| an error of judgment. except at 'he Oar VI
n-,bIic onjniOu Under our judiciary system
| conrts a review or appeal have been pro
,-iJeh for the correction OF the errors o.
;udpes of the inferior tribunals, and It Is
| grossly irregular in the legislative depart
mept of the government TO review. critlclse
1t leads the public to di5respect their au-
| thority or correct their errors. ana brings
| the government itself into contempt.
| If this kind o. interference We're to be
| narmitted the executive would have as
| much right to investigate the conduct OF
| members of the legislative department
| and to spprove OF Ceusure It as the latter
| would have to investigate his. The judi
| ciary department would have the samt
| rigbt. and thus the barriers and limitations
| of the constitution would be broken down
Still another elementary principle IN oui
| law is that one who accuses another shal
not sit in judgment upon him. Tor how car
| one. who has prejudged cause undertake
To sit upon the trial OF 1t aud decioe iihpaI
| tialIyf
| Nav each and every one of these plain
| simple, and Just rules Of law have been IL
the case of Judge DurciI, District Judge o
| the United States in Louisiana, entirely
| icnred by the Senate committee chafget
| with the investigation OF affalrs N LoulSi
ana. The majority and minority reports
| all undertake, and IN very severe terms, u
| crit;ciae the acts of Judge Durell touching
| tae late election in Louisiana, although
| those acts were performed in furtherance o
| ;nstine and in express conformity TO the
| statutes of Congress itself. The majority
repOrt contains the following expression o
oninion: at is impossible TO conceive OF ;
more irregular, illegal, and in every wa,
inexcusable act on the part OF Judge.
| This was in reference to his order 10 th'
| marshal to take possession OF the Ouilolhs
occupied as a State House at New Orleans
| And their expression is this: Viewed il
| any light the orders and injunctions mad
and granted bv Durell in this cause ar
| most reprehensible, erroneous IN point o
law, and are wholly void for want OF Iurls
| dictiOu, and this committee must expires
their sorrow and humiliation that q judg
of the United States should have proceeded
| in such fragrant disregard OF his duty ant
have so far Oyerstepped the limits OF fene
| raj iurisdiction." There are other crit
A. n
mittee similar in character to the foregoing
d The question as to whether Judge Durel
had jurisdiction of the suit in which tnes
| orders and iniunctions were made is not 10
Compress to determine Congress IS no
a court of review or appeal IN cases tried II
the judicial tribunals OF tho United States
If an interior Judge exceeds his Jurlsdlcuol
or commits errors in the declslon OF causes
the constitution establishes an appellate
court for this purpose. aud there IS n
p0wer of review or correction elsewhere
The committee themselves admit &thist
"when a Judge has jurisdiction 10 decide
cause, he has as much power to decide
wrong as right. and an erroneous JudgmeR
is as valid as any other until vacated or re
versed by competent authority" ,See pag
So majority report
| How the committee can deny the juris
dicticn exercised by the United States Clr
cult Court at New Orleans, in the case o
Kellogg vs. Warmoth, is difficult to under
stand, when one looks at the plain word
of the acts of Congress comforting luris
diction upon that tribunal. This JurlsdiC
ton wac not seriously questioned by thu
five very able lawyers who acted for tn
| defense in that case.
Section 23 of the act of Congress Of Ma,
81. 1870, (16 Statutes at Large, I4Ul, read
az follows
THAT whenever any person shall be de
feated or deprived or Lis election to an.
office. except eiector OF Preeldent or VIC
| President, represe entative or delegate L
| Congress-, or member of q StaVe Legislature
nv reason of the denial % any citizen o
| citizens who shall offer to vote OF tAe rlgh
to vote. on account of race. color. or prev
| ons condition of servitude, his right to hol
and enjoy such office and the emoiument
| thereof shall not be impaired by such de
NAL. and such person may bring any apprt
pirate suit or proceeding 70 recover posses
sion of such Office; and IN cases ~here !
| shall appear that the sole question touch
irp the title to such office arises out OF tn
denial of the right TO vote to citizens VIII
| so offered to vote on account OF race, colOl
| or preyious condition OF seTv1tude, such SUI
or proceeding may be instituted IN the Cu
| cult or District Court Of the United State
| of the circuit or district III which sue
! person resides. And SAID circuit or uli
tr!ct court shall have. concurrently wit
the State courts, jurisdiction thoreof so Ia
| as to determine the rights of the parties t
snch office by reason OF the denial of th
right guaranteed by the fifteenth articl
OF amendment to She Constitution of th
United States and secured by this act.
This act was amended by the act of Eel
ruary %, 1871 Q6 Stat at Large, 4Si, So
| i5). which provided that the jursdIctlo
| of the Circuit Cour. of the United State
shall extend to all cases in Law or eqult
arising under the provisions OF this act G
| the act hereby amended
| Ittkonn annt,nnn of thu ants Of CONGRESS q