The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1876-09-11
Senator Bayard on Taft's Order.

0NsJ ~ NAA
We give below, as fully justifying all that
we have said on the subject, Senator BAY
ARDS views OF Mr.. TAFT's orders to the
Federal lnarshals. His clear statement OF
the case ought to open crcrybody's eyes to
the perils of the situation. His views on
the main question will be found to be almost
exactly those which were expressed in this
journal last week.. We quote:
Senator Bayard: No document so parti-
san in character, so reckless of all constitu-
tional limitations upon power, so regardless
OF historical truth, so utterly inSubordinatc
to the decisions of the the Supreme Court
of the United States, has in the history OF
our country issued from = department., not
only acting as all departments should act,
under the sanction OF law, but looked to by
all other departments OF the executive as
itself the fountain OF law for them.
Reporter: Have you read Mr.. Evarts's
opinion OF 1868, reproduced in the World
OF Wednesday?
Senator Bayard: have read it, and by
the light OF that opinion consider that my
condemnation Of Judge Taft's order is COM
pletcly justified. Mr.. Evarts's opinion
brcathes, from first to last, the true spirit Of
SUbol lllllttlOI VI Vic W ZIG Nv II
power. Judge Taft's long, confused order,
opinion, OF whatever it may be called, di-
rectly reverses this American theory and
seeks by bubble, evasion, and downright
usurpation to place law under the foot Of
military power, and il carried into effect
would absolutely annihilate every police
power necessary for the maintenance of
State governments. For example, both Mr.
Evarts and Mr.. TAFT cite the opinion OF At
torney-General Gushing as to what may be
comprised III the posse c0nlitatuS. In giving
this abstract definition Mr.. Gushing recos-
nizes equally 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 tho coun-
ty" are all alike to obey the commands of Il
sheriff or marshall. e., that the county or
State official, the sheriff, is as fully entitled
to the aid of the power OF the county in
execution Of his lawful duty us the United
States marshal can DE. But Mr.. TAFT sees
tit in clutehing at power to serve the party
ends OF his superiors, to omit the well-re-
cognized and essential fact that neither the
State nor the United States can either di-
rectly or indirectly interfere with each
other in the exercise OF their respective
Jurisdictions; that the existence and MAIN
tenance Of the due power OF each is as es-
sential TO the maintenance Of our system OF
government as OF the other.
Reporter: This order, then, Senator. be-
ing thus in defiance OF the decisions OF the
Supreme Court and without warrant in law
or the Constitution, what legal effect can it
nave in binding good citizens 7 ~
Senator Bayard: Upon me itwouEd have
none. Between the decisions OF the SUI
prcnie Court, enligh tening my sense OF duty
as q citizen under Il government Of laws,
and the unssarrantet and partisan order OF
an Executive official, could not hesitate
fora moment which way my duty lay. /
am as sure as am OF my existence that il
Judge Tsft's order can be carried out in