Year: 1874

lie CLAIMS TO HAVE BEEN MADE THE sCAPEGOAT or


MORTON, CARPENTER AND DUTLER-HIs CHIEF


oFFEYsE THE ENFORCEMENT OF ABiD LAW.


The report was circulated in tins city yesterday
that Judge Z. II. Durell of the United States Dis
tIct Court of Louisiana had resigned his Office. In
conjunction with this report the statement was
made that he was very III, and unable to per-
form his duties. Az Judge Durell is now in New
York. a confirmation of the report was sought from
him personally. lie was found writing in his room
at the As;or House in company with L. Z. Norton,
who with his family has just come from New-Or-
leans to ion his old friend. Instead of appearing ILL.,
os report ed Judge Durell seemed in excellent health
but depressed in spirits, If his generally quiet and
reserved manner varied occasionally In conversation
by brief bursts of indignation can be accepted as
indicative of lis mental condition. He has only
lately recovered his bodily vigor, however.


On being asked If the report Of his resignation
were true judge Durcil furnished the reporter
copy, as follows:


AsroR HORSE. NEW YORK. Dec l. ta7L
To The President orLie Ullted states of 4merica.


Err: hereby and from this date, resiSl tho Office
held by me Of District Judge OF the District Court Of the
United States OF Amerc! IN and for the District OF
Louisiana. Respectfully, your obedient servant,


E. II. DURELL


In answer to inquiries Of the reporter of The
TRIBUNE, Judge Durell at first declined TO make
any statement a. TO the causes which had led to his
resignation, saying only that it had been done
against the advice of his friends, without sug
geston from any person whatever, official or other
wise and solely TO escape, if possible, the fearful
load Of calumny which had been heaped upon him
in consequence of bis action in enforcing, rs DIS
trict Judge in Louisiana, an obnoxious law which
he knew to be a bad one, passed for political pur-
poses by Republican Congress seeking to per
petuate the Republican party.


When asked to explain the meaning Of this Ian
guage, Judge Darrell said that the Ofiense which had
brought him most trouble had been in the literal
construction of the Enforcement act. He had never
been politician was a Democrat when appointed
by Mr. Lincoln in 1862 and since he had been the
bench had carefully eschewed politics. He had
taste for political intrigue and too old to longer
entertain political aspirations. The Enforcement
act, which he again ard again denounced as a bad
one was passed by Congress solely to control the
Southern eections it was q political scheme
only. But it came TO him a law of the
land. as binding as the oldest on the statute book
aud he had no alternative but to obey 1t. He had
honestly and Justly construed the law he did not
claim that his Judgment infallbe, but he be-
eved that in this whole matter it had been correct
He had in the enforcement of that law, issued sew
eral orders for the taking Of testimony OF several
thousand negroes who claimed that they had beer
refused registration and denied the right TO vote.
The Enforcement act required him to take
the oath of any person that he had
been obstructed in his rights of voting
conclusive proof of the allegation and to count
the vote of that person for the candidate he named
alternative was allowed him by the law. Wheh
he had reason to think this evidence, which had
been deposited in Mechanics Hall, was IN danger OF
destruction he ordered it to be secured and made
part of the records of his court The order was
never Obeyed; the representatives OF both parties
rushed from his court on his announcing Ills de-
cision, aud Immediately shower of abuse was
poured upon his head by the defeated
party. lie would have cared little tor
this abuse of the one slde but both
parties were dissatisfied. The enforcement OF the
law in the case of Louisiana had exposed the true
meaning of the act aud prematurely betrayed the
designs Of the Republicans The act was exposed In
all its hdeousness and it's uupopularity at the
south where its purpose and operations were under
stood, extended TO the North. The Louisiana elec-
ton revealed to the people of the North the true
state Of the case the political mach,nery concealed
in the act. Instantly the men In Congress " ho had
framed it-Butler Carpenter, Morton. aud the rest
began 10 cry each for himself, " Ii was not J.,
and those who could not repudiate the
responsibility for its passage started the story
that Judge Dureli had misconstrued the law and
overscpped his authority. IL was this class who IN
Congres had passed the act who now cried. Cru
cify him. Cruelty him. and who sought by de-
sroying the Judge who had honestly enforced the
law to conceal their own dishonesty in passing IT.
They simply made cover OF him TO effect their own
retreat after political blunder. The Judge adder
that they have failed to save themselves tnoush
thew had perhaps injured him. and that this act