New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1874-04-05
OUR POLITICAL CONTESTS.

1t sometimes takes the American people
long time to make up their minds, but
we believe the verdict, when found, proves
to be correct The following, from the
Washington Chronicle of the twenty-second
ultlmo, presents a view of the Louisiana
case which has long been held by Repub-
leans in this State, but for some unac-
countable reason failed to obtain in the
proper quarters. We accept it now as an
omen that light begins to dawn in Wash
ington. Commenting upon General Beau
regards recent letter threatening to thrust
Congress from the capital, the Chronicle
says:
The character of this letter of Bsaure-
gard throws light on the subject. He is but
one out OF tens of thousands Of others like
himself In Louisiana who, trampling down
the distinction between might and right,
had resolved to take the local government
out of the hands of the Republican majority
IN that State and put it in those OF the
Democratic party, by the use of whatever
means were necessary for that purpose
This was patent to Judge Durell. 1t was
as obvious as the light of the sun at
MONDAY. He could not close his
eyes to the fact, nor to the fact of
the existence of law on the statute
books of the United States intended
to enable the judges of the United States
courts to prevent such usurpatlon. He
knew that it was the intention Of Congress
that this law should be enforced, and that
1t could not be executed without the prompt
interposition Of judicial authority, support
ed by the military forces of the United
States. He had the legal authority to
adopt the means used by him for this pur-
pose. The obvious object of his judicial in
terposition was to prevent the cOnsumma-
ton of crime by such men as G. T. Beau.
regard, McEnery and AinswOrth, against
the freedom OF the elective franchise. He
exercised his judicial functions to prevent
the fOrcible overthrow of civil government
by an armed minority against an unarmed
If, in deciding the questions presented
to him under the election laws of Con-
gress, Judge Durell exceeded his judicial
an ample remedy is afforded to
Ill parties aggrieved in the judicial de-
partment of the government, without
the political branch to look into |
he matter at all. Congress may pass
avs, but can not construe them so that
my other body or person shall be bound |
~ such construction.
Judge Durell has the same right of dis
'retion in the discharge of his duties that
|. Congressman has in his, and unless
lther Of them act from corrupt and wicked
motives they are protected by the consti-
ution, even when they commit errors
to blunders. We dare say
here are many members yet living who
'ould object to being tried for perjury
ecause they had on some occasion or an
ther introduced an unconstitutional bill
ITO Congress. And yet they have all
AIKEN an oath to support the constitution.
judge in every other court in the United
tates except our district court is exempt
'om annoyance on account of his deci-
IONS unless it can be shown that he sold
lstlce. Here no such charge has been
lade. It could not stand one moment if
were made.
If there were anything extraordinary in
lie measures resorted to by Judge Durell,
merely proves that he was surrounded
y extraordinary circumstances, and that
e was in danger of having his orders
7aded and treated with contempt. He
'und means to protect himself, and
sed it. Hence the great cost that fol-
wed.