Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1879-03-15
SENATOR BAYARD On THE
SITUATION.
The Test Oath and Federal Flee
tiOn Laws Must be Repealed
Injustice of the One and Ty-
rannical Character of the
Other.


New YOzk Herald
Senator Thomas +. Bayarl, of Della
ware, Is passing portion Of the interval
between the close OF the FOrty-iilth
Congress and the time fixed for the eN-
ira session of the Forty-siXth in this
city. As this distinguished gentleman
is regarded rs the head OF the more con-
~ryyalivr portion of the Democratic
party his views upon the proposed leg
i>iItion which resulted in the failure Of
important appropriation bills will be-
read with interest throughout the coun-
Try. \ H~ad reporter called upon the
Senator Yesterday, when the following
conversation, i'm which such views are
embodied, took place:
Reporter Will there he any general
legislation Ot the extra session of Con-
gress
Senator Bayarl-l am disposed To
think the session will De short and cou@
SrIueutly there will be no time To con-
slider any but essential measures.
RepOrtcr-To what measures do you
refer Is essential?
Senator Blyurl-Thc two appropria-
tiuU bills which failed AMI the passage
of the laws demanded by the House ui
Representatives at the last session.
RrpOr.er-What are the latter?
senator Bavaria repeal oi the war
test oath oi 1862, which now excludes
nearly the entire white population Cf the
Southern States from the jury box; the
enactment of law providing for impair
tial jurieS. the right 10 which is 30 plain
lv guaranteed To every person lay the
fifth amendment Of the constitution; an
amendment OF the present law which
permits the presence ul armed forces at
elections % keep the peace, aud the ~
neal ui those sections Ui the Revised
statutes which provide for the appoint
mcnt ui Federal officials as supervisors
oi elections in the several States, and ot
countless deputy marShalS with un-
limited power of arrest, with or without
pruCnSs. even while the election l. pro-
ccci;rg, and their own Immunity from
arrest by ~,ateauthority, nn matter how
arbitrary or outrageous their miScOu-
duct.
Reportrr-NOu speak of impartial
iurics. Arc not the modes Of drawing
Jurors i'm the United States courts which
are held i'm the Southern States the
~ltr" ~ HrJ. employed u obtain juror,
for service I'm the State courts;
senator Bivuri-NJt at all. Til"
selection in those States of jurors j.
practically lcit tO the discretion oi the
United S;ltrs MarshalS, who generally
act under the suggestion or control ui
the luitrl States district attorneys and
sometimes of thC federal judges. IL Is
true that the Revised Statutes oi the
United States contains a loosely wordcd
section which was intended 10 a>>lml-
late the mode uirirawiUg federal jurors
tD that followed under the laws ct the
State i'm which tine federal court
is he'll, hut i'm Georgia, Tor
instance, where they have au excellent
state Jury system, established 10y the
state Constitution of l~bS .RePUh,IrJuI,
that system has been wholly di-rg-Ir-
el hv judge Woods aud Mr. Justice
Bradley, and the arbitrary selection "I
Jurors hv the clerk of the Federal court,
ur the marshal mas been sustained
a,lipst protest. In Maryland ard Del
aware the Federal marshal summons
such persons as jurors aS he plcaN1S, /
and there is no legal remedy. Asa
consequence the grand ami petit iUricS
are composed sometimes wholly AMI
generally almost entirely of men OF one
political party. You can readily see the
consequences when the otlru>c charged
AGAINST a person on trial i political IN
lis nature. Impartial vcriictS are in
this wav rendered well nigh impossible,
anil the feeling of injustice caused
thcrrhy is deeply seated, and Is growing
iu intensity.
Reporter When were the laws pasS,i
creating these supervisors and deputy
mar~hJls'
senator Bayard 90 In lS1O-1l, AMI
amended in 1872. about year or two
after | went into the senate. TEc ncccS-
Sf,v ior the repeat of these laws is man
!icSt. When they were first proposed
saw the danger To- the peace ol the c"un-
t-v which they contained, ami from my
plarr I'm the senate declared them to hr
irau.ht with peril, dcciagclthlt they
were grossly unconstitutional, and $"
utterly invasive ni the essential rights
ni each State that their execution would
hc inconsistent with the peace ui the
a..