The New York herald., 1879-03-13
SENATOR BAYARD ON THE SITUATION.

THE TEST OATH AND FEDERAL ELECTIoN LAWS
MUST BE IEpEALED-INJUsTIcE OF THE ONE
AND TyEANNIcAL CHARACTER or THE OTHER
Senator Thomas +. Bayard of Delaware. is pass
ing portion Of the interval between the close the
Fortyffth Congress and the time fixed for the extra
session of the Fortysxth in this city. As this dis
tinguished gentleman is regarded the head of the
more conservative portion of the democratic party
his views upon the proposed legislation which re-
suited In the failure Of important appropriation
bills will be read with interest throughout the
try. HERALD reporter called upon the Senator
yesterday. when the following conversation. in
which such views are embodied, took place:-
REpoRrEn-will there be any general legislation at
the extra session of Congress?
Senator BAYARD-I am disposed to think the ses-
sion will be short, and consequently there will be no
time to consider any but essential measures.
REpoRrEn-To what measures do you refer as
essential?
which failed and the passage Of the laws demanded
by the House Of Representatives ut the last session.
REponrER-What are the latter?
Senator BAYAnD--A repeal of the war test oath of
1862. which excludes nearly the entire white
population of the Southern States from the jury
box; the enactment Of law providing for impartial
uries, the right to which is plainly guaranteed to
every person by the fifth amendment of the consti-
tuition; amendment of the present law which per-
mits the presence of armed forces at elections to
keep the peace, and tho repeal of those sections OF
the Revised Statutes which provide Tor the appoint
mant of federal officials supervisors of elections
in the several States and OF countless deputy
shals with unlimited power of arrest. with with
out process, even while the election is proceeding
and their own immunity arrest by State author
hn,v
misconduct.
METHOD OF DRAWING JURORS.
RxpoRTER-Ycu speak of impartial juries. Are
not the modes of drawing jurors in the United States
courts which held in tho Southern States the
same rs are employed to obtain jurors for service
i'm the state courts?
Senator DAYmD-Not 4. all The selection in those
States jurors practically left in the discretion OF
the United States marshpls. who generally act under
the suggestion or control OF the United States dis
trict attorneys and sometimes of the federal judges.
1t is true that tho Revised Statutes of the United
States contain n loosely wordcd section which was
intended to assinilate the mode OF drawing federal
jurors to that followed under tho laws of the state in
which the federal court is held but in Georgia. for
instance where they have an excellent state
Jury system established by the State constitution
disrrmrdcd by Judge Woods and Mr. Justice Bradley
and the arbitrary selection OF Jurors by the clerk OF
the federal the marshal has been sustained
against protest. III Maryland and Delaware the
federal marshal summons such persons as jurors as
he plcascs and there is no legal remedy AS con-
sequence the grand and petit juries arc composed
sometimes wholly ard generally almost entirely of
OF political party You can readily see the
consequences when the offence charged against per-
son on trial is political In its nature. Impartial
diets in tins way rendered well nigh impossible,
and the feeling OF injustice caused thereby s deeply
seated and Is growing in intensity.
REpoRTEn--Whcn were the laws passed creating
these supervisors and deputy marshals?
senator BAyARD-In 1901, aud amended in 1879,
about year two after went into the Senate. The
necessity for the repeal of these laws is manifest
When they hrst proposed 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 declared that they were grossly
uncorsttutional aud utterly invasive of the
tial rights of each state that their execution would
bc inconsistent with tho peace OF the Union.
ELECTION or SENATOR'S.
nErorrKR--Undcr the laws which you propose to
Fcpcsl cap- theke suprrytspSs and. deputy marshals