The daily gazette., 1876-09-09
From the N. Y. World, OF Friday.
TAFTS ORDER.
A MANLY AND CLEAR-HEADED
EXPOSURE OF THE PLOT
AGAINST THE FREEDOM
Or ELECTIONS.
SENATOR BAYARD SPEAKS,


SENATOR BAYARD SPEAKS.
A reporter of this journal was yes,
terday favored with most interesting
interview with Senator Bayard on the
subject of Attorney General Taft's ex-
traordinary "order" turning over the
South to military law. We give the
following conversation in full:
Reporter-Have you read the order
of Judge Taft, giving form to the die
tates of Grant, Cameron and Chandler
and what do you think of it?
Senator Bayard- No document so
partisan in character, so reckless of all
constitutional limitations upon power,
so regardless of historical truth, so
utterly lnsabordinate to the decisions
of the Supreme Court of the United
States, has in the history of cur coun.
try issued from a department not only
acting as all departments should act,
under the saction of law, but looked to
by all other departments of the execu-
tive as itself the fountain of law for
them.
R.-Have you read Mr.. Evart's opin-
ion Of 1868, reproduced in the World
of Wednesday.
Senator B.-I have read it, and by
the light of that opinion l consider
that my condemnation or Judge Taft's
order is completely justified. Mr..
Evart's opinion breathes from first to
last the true spirit of subordination of
the military to the civil power. Judge
Tafts long, confused order, opinion,
or whatever it may be called, directly
reverses this American theory and
seeks by bubble, evasion and down.
right usurpation to place the law un-
der the feet of military power, and if
carried into effect would absolutely
annihilatc every police power neces-
sary for the maintenance of State govs
ernments. For example, both Mr..
Evarts and Mr.. Taft cite the opinion
of Attorney General Cushing as to
what may be comprised in the posse
c0mit0tus. In giving this abstract de-
tinition Mr., Gushing recognizes equal
ly the power of the State within its
proper jurisdiction, and of the United
States within theirs, by declaring that
the persons and classes alleged by him
to be comprised within the 'power of
the county" are all alike to obey the
commands of sheriff or marshal, i. c..
| that the county or State official. the
Sheriff, is as fully entitled to the aid
of the power of the county in execur
ton of his lawful duty as the United
States Marshal can be. But Mr.. Taft
sees it, in clutching at.power to serve
the party ends of his superiors. to
omit the well recognized and essential
fact that neither the State nor the
United States can either directly or in.
directly interfere with each other in
the exercise of their respective juris-
dictions, that the existence and main
tenance of the due power of each is as
essential to the maintenance of one
system of government as of the other
To use the forcible words of MIR. JUS
tice Nelson speaking for tie entire
Court in the case of the Collector
against Day 9th Wallace: "To
disturb these essential rights and pow
ers of the States would cause our Gov.
eminent to disappear from among the
family of nations" Thus no Judge
of a United States Court has so far
ever attempted to assert that when
jurisdiction has fully accrued to
State tribunal over a person or SUBJ
ject of dispute within the cognizance
of the State tribunal, such jurisdiction
can be nullified by the United States.
Illustrations of this are too frequent
to make discussion necessary. But,pass
ing by Judge Taft's claim for an inde-
finite jurisdiction over matters which
can and must in the nature of thinge
belong solely to State tribunals, the
claim of power which he makes is so
full of danger, not to the South alone,
which affords the immediate pretext,
but to every section of the country.
the North and the West as well, that
it should be instantly met by all who
love law and order, without regard to
party, with the sternest reprobation
and condemnation. What does Judge
Taft mean by speaking of the "peace
of the United States, which the mar
shals and their swarms of deputies are
to preserve and the violation of which
they are to suppress, and which protects
"dna0ngst Other rights" the rights speci.
fed by him? Does he not plainly
mean that as the United States include
all the States, the preservation of
peace in each State are taken from the |
control OF State officials and handed
over to Federal power? What are the |
breaches of peace of the United States
for the violation of which they may
arrest and secure all persons? Does
Judge Taft mean; isit intended to obs
literate the States and Stale power in !
relation to all matters connected with
the preparations for or conduct of an
election? If not this. what does lie
mean when he says "the United States
secure voters against" schGteve9 IN
general hlnders or prevents them from
a full exercise of the elecrive franchise
extending that cafe alike to the regis
tration lists, the act of voting and the
personal freedom and security of the
voter, as well against violence on ac>
count OF any vote he may intend to
give as against conspiracy "because
of any he may have already given?"
If this language does not include
absolute and unlimited police control
over the elections, it would be difficult |
10 Gv,1 1a hxr .aI aiu