The daily gazette., 1876-09-28
From the New York World.
Taft Virtually Confesses


lashing which Senator Bayard has ad-
ministered to his official opinion up
holding the use of bayonets in the
approaching Southern elections, has
defended himself ty a communication
published in the New York Herald:
This defense brings the inquiry re-
specting the correctness of his notorj.
Gus opinion as Attorney General, and
the legality of the equally notorious
orders of the War Office approved by
the President, within very small pro,
portions. The single point of dispute
between Senator Bayard and the At>
| torney General is over the recent opin-
ion of the Supreme Court at Washing
ton, to which both appeal. The At
torney General comedies that the very
Legislation of Congress on which he
rests the Presidents monstrous order
was before the Court, and was includ.
ed in Judgment, but he pleads that
the facts in dispute in that case only
called fort decision of the constitu>
tionality of that legislation in its ap.
plication to an election for State off
GERS. He contends that whatever fell
from the Court, on which Senator
Bayard relies, respecting an election
of Federal officers was outside the
record and obiter dictd, as lawyers say.
But even if the case only of necessity
raised inquiry as to State, in contra
distinction to a Federal election, yet
if the Court in its opinion uttered gen
eral views, or propositions of law.
which covered an election of Federal
officers, those views or propositions,
even if 0biter dacta. are as controlling
and as binding on the Executive, in
moral sense, as if such an election
case was most thoroughly argued, and
the opinion rendered gives evidence
of the profoundest deliberation. The
Court appreciated fully the great
excitement the opinion would create.
and that it would be looked upon, as
it was, as cutting up by the roots ali
the Republican legislative continuance
for taking Southern elections. State
and national, into their hands through
, the army, and out of the hands of the
States. Whatever intimations the
Court made respecting national elec-
; tions are as binding in good morals on
the conscience OF the Executive as if
the question were actually decided
The Court said, in so many words
that the entire legislation on which
Taft relies, the very sections of the
Revised Statutes which he quotes.
were in violation of the Constitution,
because, although some part, if stand
ing alone, might be permissible, yet
the good was so intermingled with the
l bad that all must fall. The Court laid
= down as its premises of State rights
the very doctrines for which Senator
| Row IN n Qtfpnt n
e voting power is conferred by the
States. its machinery is in their hands
4 and the new amendments give to the
Federal Government no new power
, over the subject unless State, By Sts
lao, discriminates against negroes.
This no State has done.
The fact is evident enough that Judge
Taft had not sufficiently studied the
opinion of the Supreme Court till after
Mr.. Bayard's criticism of the Presi-
dents order. He clearly exhibits this
in his communication to the Herald,
and criticism on his order which we
publish to-day by leading New York
+ lawyer shows it as clearly. We make
r no doubt that to-day Judge Taft really
, believes that the Supreme Court will
say, if the question ever comes before
: it, that the Presidents order is utterly
illegal; that it confers not particle of
authority on those 10 whom it is ad-
dressed; that the by ISLANDERS will be
: protected by the courts if they disregard
: the order of the marshal or the soldiery,
and that if either of the latter injure
' or commit trespass or assault on any
-, one by virtue of the Presidents order,
/ they will be liable to condign punish
ment.
t Attorney General Taft is plainly
: enough badly frightened. He is ood
l enough man. although very slow and
1 not familiar with Federal laws. He
/ now sees that the law of Congress
: cannot, since the opinion of the Court,
l be presumed by him to be supported
} by the Constitution as other laws can,
2 till the Court pronounces otherwise.
c We shall be surprised if the lawyers in
e Ohio do not make it hot for the At.
a terney General if he ventures to 60 on
S the stump in tina! State within the next
two weeks. Not even the teapot of
his predecessor in office could save him
from the modification and dishonor
= his blunder.
y This question of military interfcr-
d ence in the South is not merely the
d tremendous issue of civil and consti-
II tutional liberty, but it is aquestion of
II material interests in the North. The
e legal question have an enormous bear
|, ing ON our pecuniary prosperity in the
n North, for they concern good order,
e peace and civilization in the South.
h The Southern States must be left to
d govern themselves under the Constitu'
: tion, free from carpet-bag or any out
e side dictatiOn They must learn to
e settle their disputes as other States do,
by themselves and for themselves.
+ The ignorant, vicious and good-for>
e nothing must be dealt with in Georgia
as in Nevada, or in any other COM
e munity. The rich and the poor, the
worker and the idler, the gentle and
the rough, the virtuous and the vi
9 cious. mnst be made to get along
N together in the South during and at
" elections, without the army, as the
+. CO m n q n = q 0opi1inp claimants do in fh O