The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1879-03-20
From, the Ne,v York Herald.

From, the New York Herald.
Senator Thomas F. Bayard, of Della
ware, is passing a portion of the interval
between the close of the Forty-ffth Con-
gress and the time fixed for the extra ses-
sion of the Forty-sixth in this city. AS
this distinguished gentleman is regarded
rs the head of the more conservative por-
tion of the Democratic party, his views
upon the proposed legislation which re-
suited in the failure Of important appro-
priatien bills will be read with interest
throughout the country. A Herald re-
porter called upon the Senator yesterday,
when the following conversation, in
which such views are embodied, took
place:
Reporter-Will there be any general
legislation at the extra session of Con-
gress?
Senator Bayard-I am disposed to
think the session will be short, and con-
sequently there will be no time 10 con-
slider any but essential measures.
Reporter-To what measures do you
refer as essential?
Senator Bayard-The two appropria-
ton bills which failed and the passage Of
the laws demanded by the House Of
Representatives at the last session.
Reporter-What are the latter?
Senator Bayard-A repeal Of the war
test oath of 1862, which now excludes
nearly the entire white population of the
Southern States from the jury box; the
enactment of law providing for impair
tial juries, the right to which is so plain
ly guaranteed to every person by the
fifth amendment of the constitution; an
amendment of the present law which
permits the presence of armed forces at
elections to keep the peace, and the re-
peal of those sections of the Revised
Statutes which provide for the appoint
ment of federal officials rs supervisors of
elections in the several States, and of
countless deputy marshals with unlimited
power of arrest, with or without process,
even while the election is proceeding,
and their own immunity from arrest by
State authority, no matter how arbitrary
or outrageous their misconduct.
METHOD OF DRAWING JURORS.
Reporter-You speak of impartial
juries. Are not the modes of drawing
jurors in the United States Courts which
are held in the Southern States the same
as are employed to obtain jurors for scr
vice in the State Courts?
Senator Bayard-Not at all. The
selection in those States of jurors is prac-
tically left in the discretion of the United
States Marshals, who generally act under
the suggestion or control of the United
States District Attorneys and sometimes
of the Federal Judges. 1t is true that
Che Revised Statutes of the United States
contain loosely worded section which
was intended to assimilate the mode of
drawing federal jurors to that followed
under the laws of the State in which the
Federal Court is held, but in Georgia,
for instance, where they have an excel
lent State jury system, established By the
State Constitution of 1868 Republican,
that system has been wholly disregarded
by Judge Woods and Mr.. Justice Brad
ley, and the arbitrary selection of jurors
by the clerk of the Federal Court or tho
Marshal has been sustained against pro-
test. In Maryland and Delaware the
Federal Marshal summons such persons
as jurors as he pleascs, and there is no
legal remedy. AS consequence the
grand a ,etit juries are composed
sometimes holly and generally almost
entirely of men of one political party.
You can readily see the consequences
when the offence charged against per-
son on trial is political in its nature.
Impartial verdicts are in this way rem
dered we'll nigh impossible, and the feel
ing of injustice caused thereby is deeply
seated and is growing in intensity.
Reporter-When were the laws passed
creating these supervisors and deputy
marshals?
Senator Bayard-.In 1901, and
amended in 1872, about q year or two
after I went into the Senate. The ne
cessity for the repeal Of these laws is
manifest. When they were first pro-
posed I saw the danger to the peace OF
the country which they contained, and
from my place in the Senate declared
them to be fraught with peril. de-
clared that they were grossly unconstitu-
tional, and so utterly invasive of the
essential rights of each State that their
execution would be inconsistent with the
peace of the Union.
THE ELECTION OF SENATOR'S.
Reporter-Under the laws which you
propose to repeal can these supervisors
and deputy marshals interfere with the
election of Senators of the United States
Senator Bayard-Practically they can
and do most dangerously in this way
The same clause of the constitution that
gives to Congress revising power over
State regulations as to time, place and
manner of holding elections is precisely
the same in relation to the election
of Senators as it is to Representatives in
Congress, excepting that the "place" of
the election of Senators cannot be con-
trolled by Congress. But as Congress
may fix the "place and time," as well as
the manner" of holding elections for
Representatives Congress may appoint
the very slime and place" which the
State has indicated for the election Of her
Legislature, and in that way compel the
presence of marshals and supervisors at
the place and time of electing members
of the Legislature. I do not see how the
State can escape. 1t is also plain that
if Congress has power to place supervi-
sors and marshals at the polls where Rep
resentatives in Congress are elected; Con-
gress has equal power, for it is conveyed
in the same sentence Of the constitution,
to put deputy marshal at the elbow Of
each member Of State Legislature du-
ring the election of United States SEN
ator and supervise the records Of the
Legislature. The exercise of such q
power is just as fatal and not more fatal
to the rights Of the State in one case as
in the other, and its claim BY Congress
is just as allowable in one case as in
the other. The whole design of local
selfgovernment Is overthrown if such
powers in Congress are admitted to exist