The New York herald., 1874-12-04
President Grant Surprised on Receiving
the Document.
F TURE TACTIC S.
An Effort to Have Pinchback Seated
In the Senate.
Dureu's Personal Explanation of
His Past Acts.


WASHINGTON. Dec. g. 1874
Yesterday morning there was received at the
Executive Mansion nom New York, q letter from
E. H. Duren, the substance Of which was:-"I
herewith tender my resignation az District Judge
Of the Louisiana District.n The letter was unex-
pected, and the President. who Is often unmoved
by political events manifested some surprise at
the course the Judge HAD taken. But the rvsigna-
ton was q matter OF fact, and the President indt-
Gated that IL would be the better policy not 70
have II known for the present To-day, however,
the HERALD's New Orleans special was flashed
to this city, and when the Presidents private SEQ
retary was confronted with the substance OF the
HERALDs news, ne was constrained to admit that
It was true, and the seal Of secrecy was removed.
"Thereby hangs a tale" A few days ago there
was printed In these despatches statement to
the enect that the recent 0utrages In New Or
leans had modified the opinion Of some OF the
members Of the House judiciary Committee to the
extent that II the vote on Durells impeachment
was to be taken over again, 1t would be
against reporting articles Of impeachment But
ler. Wilson. White, Potter, Jewett and
Eldridge, the last three democrats, voted for;
and Cessna, Ward, Trematn, Frye and Poland
voted against recommending articles Of impeaoh-
meHt MI. Poland's position was little equiv
,ocab however, though friends Of Durell were
assured he would not. vote for iMpeachmept
A friend OF the Judge has just visited the city
to ascertain II the HERALD's Information was
correct and In certain quarters received as
surances that Duren had nothing to
fear. The Chairman Of the judiciary Com
mittee, General Butler, who takes lively
interest In the prosperity and welfare
OF Louisiana, gave Mr.. Durell's frlend to under
stand that though Mr.. Jewett had resigned his
seat in Congress, the tactics OF the Speaker could
not change his determination to press the matter
to vote, and the best thing for Judge Durell was
to s1step down and out" The result, It appears,
was first vouchsafed TO the aflicted community OF
New Orleans, and the name OF 4. q. Durell, added
to that Sherman OF Ohio Delehay Kansas, Story
OF Arkansas and Busteed Of Alabama, i've United
States DistrictJudges who have left the bench
within the past eighteen months. The resignation
OF Judge Durell, however, is OF greater imp0r-
tance than all the others, and Its significance at
this time cannot be overestimated. In my cor
respondence published November "a 1t was stated
that the Presidents attention had been directed
to the plan proposed by the opponents OF Cover
nor Kenogg to get control OF the Legislature In
January next, report articles OF impeachment
against Kellogg ana Antoine, ana thereby get
control Of the State and make 1t impossible
for the President TO interfere save by
the use Of federal troops in dispensing the
new Legislature and perpetuating the Kellogg
government at the point OF tine bayonet This I'M
portant Information was Immediately telegraphed
In full to New Orleans, and created, as has already
been fully stated. the greatest excitement among
all classes.
The first result was the concen tration In Wash
ington OF the leading friends OF the Kellogg govern
ment Senator West, perhaps Justly, considers
himself able to take care Of the affairs Of his State
but for fear he might not Attorney General
Field, Appraiser Pttkin. Collector Casey and
others were sent on as reinforcements. Kellogg
proposed to take the field in person, but just now
there Ia large c0nvocation Of Masonic Command
cries In New Orleans and 1t was urged upon Kel-
logg that he should remain to receive the distn-
guished visitors and not leave them to the Leuten-
ant Governor, whose graces as barber might not
favoraby impress the Sir Knights from all parts OF
the United States. For this reason he remained
in New Orleans, and LEFT the Presidents brother
in-law to make the journey here alone.
Il Is now In order TO reiterate the statement
first made in the HERALD, and assert that the
impending crisis in Louisiana Is OF the gravest i'm
p0rtance. Between tho date Of the assembling Of
Congress and the day when the holiday recess viii
begin P. B. g. Pinchback win have to be reoog-
nized as Senator elect from Louisiana, or on
the 4th day OF January next the McEnery
government will be in peaceaDle possession OF the
State government Of louisiana Until the Senate, by
beating Pinchbaok admits the legality OF the
Kellogg government, Louisiana is without legisla-
tive recognition. The House has already recog-
nized It by seating all but one member, and while
heretofore Pinchback has not been seated for rea-
sons OF policy, the leading republican Senators
now realize tho importance OF speedily giving
him seat though he may as speedily be dnssated
upon charges OF personal nature. Pinchb ack,
too, was the witness whose testimony at
the coming session. would have made Du-
rell's impeachment inevitable. Tho facts he
could narrate would have been intolerabe
to the republican advocates In the House and
Senate and make the action OF the administration
1t is satd appear more odious than ever. Durell
has resigned. Pinchback's secrets arc safe and
the effort will be made to seat him without delay.
This, IL Is contended, will establish the legality of
the Kellogg government for AL purposes OF fed
eral recognition In the event OF inter-
ference BY the supporters OF McEnery
In 1S72 The dc Jdcto will have be-
come the de ,ssre governments, and the results
OF the HERALD's legal discussion OF the Prendents
action will be before Congress in ali their force
and importance But It Is feared that Pinchback
cannot be seated in the rst TWO weeks OF the COM
iogg government is in doubt the McEnery govern
ment may quietly get possession Of tho state
House.
Walker Fcarn Appointed to Succeed
Judge Durell.
NEW ORLEANS, Dec. 8, 1874.
The announcement that walker Fearn had re-
ceived the appointments TO succeed Durell as
United States District Judge Of this state ts &C
cepted as evidence OF the Presidents disposition
to recognize the McEnery party. Fearn, although
. relative or Grant by marriage is the counsel at
Washington for the McEnery partyi The repub-
ncans are very indignant, and expect that the
Executive will withdraw all his moral support
from Kellogg. Fearn has his commission in his
pocket but win not accept until he consults with
friends in this city. Conservatives here are
anxious for him to accept
General II. A. Morrow, who put Lieutenant