The New Orleans bulletin. [volume] (New Orleans [La.]) 1874-1876, 1874-12-10
WHY DURELL WAS APPOINTED JUDGE
HIS SELF CONDEMNATION.

ISt. Louis Republican.
We have the testimony OF MIR. Welles and OF
Montgomery Blair, the only survivors OF those
who were intimate with Mr.. Lincoln, to the
effect that he feared disposition on the part
of the leaders OF his party, such as Stevens,
Butler and Ben Wade, to enact what Judge
Durell calls "bad laws" for political pur-
poses" It hence became his desire to fortify
the judiciary against the entertainments OF the
legisla' i've power by the appointment OF judges
whom he believed to be firm and incorrupti-
ble It is history, hitherto unpublished as far
as we are aware, but resting upon the testl-
mony of the only men row living who were
in position to know the facts that MIR. Lincoln
expected to be compelled to exercise his veto
power against violent and unconstitutional
enactments by Congress.
He also expected to be overridden by the
two-thirds majorities Of the fierce partlsans
whom Thad. Stevens led in the House and
Ben. Wade in the Senate. But he determined
to provide second line OF intrenchments be-
hind that of his own veto power in the Fed
eral judiciary of the Southern districts. which,
SO tar as he was able, he sought to fill with
Judges in whose hands the cause of justice,
moderation and clemency upon which he had
set his heart would be safe. For these rea-
sons Judge Duren was appointed. He was
one of the very first judicial officers appointed
in the South. He was represented to MIR.
Lincoln by men who were supposed to know
him as exactly the man for such emergencies
as the unfortunate President anticipated.
And nobody knew the circumstances attend
ing or the considerations impelhng his ap-
pointment better than did Durell himself.
We have thus briefly sketched some more his
tory in order to complete the definition OF the
status of Judge Durell. He knew very well
hot %ho ont ct
passed. He knew what consequences We're
involved in its Interpretation by him. And
he knew what had been expected OF him by
the dead statesman to whose confidence he
owed his position. Then, with his eyes wide
open, and with the quality which he probably
designates as his conscience fully alive, he de-
liberately went and did exactly what he ex-
pressly says he knew to be wrong.
If we understand the duties of a Federal
Judge, and we derive our understanding OF
these duties from the plain import OF the
judicial oath of Office, he does not sit as the
tool of partisan Congress, but as the shield
of the people against the legislation OF such.
It is not his business to lend the sanction OF
the bench to the infamies Of the lobby, but to
set the check of calm, deliberate right and
Justice against them. He does not exist in an
executive capacity to carry out laws which are
in themselves conspiracies against popular
liberty, but in judicial capacity to ,hwart the
designs of conspirators. But Judge Dureli
did exactly what it was his duty not to do. and
he did not do single thing which it was his
duty to do. And now he tells us that he knew
all the time the full measure Of his own
enormity.
We are content to rest our case against
Judge Durell upon his own confession. He
has told US in effect that he wilfully violated
his solemn oath Of Office. He is one OF the
five Federal judges whom Republicanism gave
to the country and whom their own intamy
has forced to resign. In the light OF his own
definition of his own attitude, he must stand
in history as the typical one OF the whole
brood. A history OF reconstruction will be
written one of these days, and in it Judge
DureIl will be likely to cut figure that will
place him-nay, that will gibbet him-to
the gaze Of all coming generations alongside
of St. Just and jeffrey. And, unlike them,
he will have been gibbeted upon his own con.
fession. He need not be exercised. He will
be "set right before the country"