The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1874-12-24
Two Dollars a Year.
Judge DureII


The report was circulated in this cit
yesterday that Judge +. II. Durell .
! the United States District Court of Lou
! isiana had resigned his office In con
junction with this report the statemen
was made that he was very i'll, and una
bic to perform his duties. As Judg
: Durell is now in New York, a confrma
ton Of the report was sought from hin
personally. He was found writing i'm hi
rooia at the Astor House in compan,
with l.. Z. Norton, who with his famil,
has just come from New Orleans to ioif
his old friend. Instead Of appearing ill.,
as reported, Judge Durell seemed in ex
celient health but depressed in spirits. II
his generally quiet and reserved manner
varied occasionally in conversation by
big busts of Indignation can he accepted
as Indicative Of his mental condition.
lie has only lately recovered his bodily
vigor, however.
On being asked if the report of his res
lgnation We're true, Judge Durell furnish
ed the reporter copy, as follows:
! AsTOR HOUSE,, n. Y, Dec. l. 1874.
TO the President ofhe T. S.,
Sir: hereby and from this date. re-
assign the Office held bv me of District
Judge ot6he District Court of the United
/ States O Americ in and for the District
I Of Louisiana.
Respectfully, your obedient servant,
+. III. DURELL.
In answer to inquiries of the reporter
Of the Tribune, Judge Durell at first
declined 70 make any statement as 10 the
causes which had led to his resignation,
saying only that it had been done against
the advice OF his friends, without sugges-
ton from any person whatever, official or
otherwise, and solely to escape, if possible.
the fearful load of calumny which had
been heaped upon him in consequence of
his action in enforcing, as District Judge
in Louisiana, an obnoxious law which he
knew to be a bad one, passed for politi-
cal purposes by Republican Congress
seeking to perpetuate the Republican
party.
When asked to explain the meaniDg Of
this language, Judge .Durrsil hui
the offense which had br ,G9ht him most
trouble had been in the diteral construc-
ton Of the enforcement act He had
never been politician, was Democrat
when appointed by Mn Lincoln in 1862. |
and since he had been on the bench had |
carefully eschewed politics. He bad no
taste for political intrigue, and was too
old to longer entertain political aspra- |
tons. The enforcement act, which he |
again and again denounced rs a bad one. |
was passed by Congress solely to control |
Southern elections il was a political /
scheme only. But it came to him "A law /
of the land, rs binding as the oldest on the |
statute book, and he had no alternative |
but to obey it, lie had honestly and /
justly construed the law he did not claim
that his judgement was infallible, but he |
believed that i'm this whole matter it had |
been correct. He had, in the enforcement |
OF that law, issued several orders for the |
taking Of testimony Of several thousand !
negroes who claimed that they had been |
refused registration and denied the right
to vote.
The enforcement act required him to
take the oath OF any person that he bad
been INSTRUCTED in bis rights Of voting as
conclusive praof Of the allegation and 10
count the vote of thai person for the
candidate be named no alternative was
allowed him by the law When he had
reason to think this evidence, which had |
been deposited In Mechanics Hall, was /
in danger 81 destruction, lac ordered il 10 /
b. secured and made part Of the records I
If his court. The order was never obeyed; /
the repre-entives Of both parties rushed
from his court ou bis announcing his
decision, and Immediately "A shower
IF abuse was poured upon his head bv
the defeated party. He would have cared
little for this abuse of the one side, but
both parties were dissatisfied. The en-
orcament of the law In the ease o.
Louisiana had exposed the true meaning
IF the act and prematurely betrayed the
designs OF the Republicans The act was
exposed in I'll it, hideousnc-s and its
pose and operations were understood, 7
extended to the people of the North the
rue state Of the case, the political
machinery concealed in the act. Instantly
he men il Congress who had framed ID
Butler, Carpenter, Morton, and the
-est-hegan - cry, each tor himself cit
vas not ! and those who could not
the responsibility for It's passage
started the story that Judge Durell had
the law and ovcr-teppci his
authority Ii WAS this class who in
Congress had pissed the act who now
.riad, Cruelty him. Cruelty him,
md who sought by destroying the Judge
who had honestly enforced the law to
conceal their own dishonesty in passing
t. They simply made "a cover Of him to
fleet their o"n retreat after political
)lunder. The Judge added th It they have
allied to save themselves, though they
rad perhaps injured him, and that this
lct would yet form an important political
ssue and carry down the men vino had
ramed it.
The statements above are not in the
precise language Of judge Dureli-indeed
10Th he and Mr.. Norton engaged at the
anne time IN the convers1tion-bu they
epreseut fairly his own ease. Mr.. Norton
vas formerly practising lawyer in this
.itv, at one time in the State Legislature,
.nd figured in one at Thurlow Weeds
published "reminiscences ms the "Black
Hawk LAWYER" Both he and Judge DurelI
propose engaging in the practice Of law in
his city.
Gen. - asgc Hampton.
The south r.v .,H-~l O.. = Hon ,,.I,-,.o /