New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1874-01-30
WHOLE NUMBER 2O92.

ment has never prosecuted where instru-
ments issued at the South during the war
were unstamped, nor attempted to compel
such stamping now, but he (the Commits
sioner) holds such deeds invalid until
stamped; nor is it required to attach stamps
according to the price paid for property in
Confederate money, but according to the
zeal value. The matter will probably be
brought before Congress.
Democratic Caucus.
There was q caucus tonight of the Demo
cratic members of the House of Representa-
tives, called for general discussion of the
views OF the members of that party in the
House on the prominent political topics of
the day. Representative Niblack, of In
diana, was elected permanent chairman OF
the caucus. There was very thorough
and animated, though harmonious, discus
sion and comparison of sentiments among
the gentlemen present, the financial ques-
tiOn, particularly, receiving much attention
The discussion was participated in by
Colonel Roberts and Mr.. Whitehouse, Of
New York; Mr.. Schumacher, of BROOKLYN;
Randall, of Pennsylvania; Holman of In
diana, and several others.
Some very warm sentiments were ex-
pressed against national banking institu-
tions by Colonel Roberts, Mr. Holman and
number of Representatives from the
South. The caucus then adjourned with
the intention of reassembling at an early
date, though no particular time was fixed.
Judge DurelI's Case.
The Chronicle publishes this morning the
following editorial: The public mind is
taking healthier direction relative to the
case of Judge Durell. He has been close
student for years, and always esteemed by
his bitterest opponents as profoundly
learned in the law. A life spent largely
among his books has withdrawn him from
the masses, and made his intimate friends
select and few. He has lived in a commu-
nifty where his political opinions have
subjected him to bitter animOsities. With
such habits, it is not surprising that he
should appear austere to the general pub
lie, and, with the annoyance Of groundless
censures for the loyalty of his political coz
victiOns, it is not strange that he should
sometimes appear, irritable and abrupt.
Again, he has lived in community where
slavery, in its most revolving char
acter, has obtained and, under the
pressure and prejudice engendered
by this dead institution. that still, by a
hundred intangible ways and sinuous forms.
seeks to abridge the civil and political
rights OF the negroes, cOgnizant of tho
wrongs SO frequently perpetrated against
the persons, property and lives of this un-
strue the statute that proposed to make
judicial the political questions involved in
the protection of the race, it is not
surprising that Judge Durell, in deal
ing with the delicate and novel
question of jurisdiction. should con
strue the law broadly against the wrong
and for the night. The morbid public
mind in that locality would consider the
fairest decision partisan. An examination
of the statute in question, in connection
with the debates in the Senate and House
of Representatives,, pending it's passage,
will show it to have been intended by its
authors to be very broad and comprehen-
sive: and in the Judgment of many of the
leaders Of the opponents of the law. its pro-
visions cover all the questions embraced IN
the Durell decision. In the instance of the
act of Parliament passed in 1868 extending.
the jurisdiction Of the Courts of Common
Pleas to the trial of title to office of mem
bers of the House of Commons, the first
decision rendered by Mr.. Justice KeOgh in
the case of Trench VS.. Nolan the same hue
and cry relative to usurpation on tho part
of the Judge was heard. 1t was novel then,
and it is novel now, by legislation to make
these political questions judicial Yet, in
the case referred to, Gladstone and
Disraei rebuked the Commons for
their unreasoning censures and clear
ly showed that the law did con.
fer the questioned jurisdiction upon the
court, and suggested that the remedy for
Parliament to apply in the case was the
repeal of the law. The public is evidently
considering this phase of the Durell case,
and the prosecution, breaking down on the
personal charges, in a spirit Of fairness
begin to look for the correction of the SUP
posed evils of this decision, not to the i'm
peachment of Judge Durell, but the amend
ment or modification of the law which
he has conscientiOusly interpreted. 1t is
worthy of remark, in this connection, that
this congressional act is one and not the
least among the series of measures insti
tuted by the Republican party to render
operative the constitutional amendments
necesstated by the results of the war. How
ever unequal and unsatisfactory the execu-
tion of these just and wise laws may have
been under President johnson, tho most
captious political opponents OF President
Grant must admit that this, and similar
statutes, that represent the new
and better era in our national history,
have been administered not Op-
pressively, nor harshly, but firmly,
and with even handed Justice, in the inter
ests OF the whole people. This ia, as every
after the publication of that remarkable
inference contained in his first inaugural, to
the effect that the surest way to secure the
repeal of bad laws was by their rigid
enforcement. 1t may be we'll for the House
to consider whether it would not be moro
wise to modify this law, by proper amend
ment, than to impeach the Judge for
enforcing it as he understood it.