The daily gazette., 1879-03-13
From the N. Y. Herald of to-day.
Bayard ON the situation

The Test Oath and Federal Election
Ld,os Must BE Repeaied-IWustice Of
the One and Ivrdnnicai Character of
the Other.
Senator Thomas +. Bayard, of Della
ware, Is passing a portion of the interval
between the close of the Forty fifth Con-
gress and the time fixed for The extra ses-
sion of the Forty-sixth in New York.
As this distinguished gentleman is re-
garded as the head of the more conserva-
tive portion of the Democratic party his
views upon the proposed legislation which
resulted in the failure of important ap-
preparation bills will be read with inter
est throughout the country. A Herald
reporter called upon the Senator yester-
day, 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 to 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
tlal juries, the right to which is so plainly
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 as supervisors of
elections in the several States, and of
countless deputy-marshals with unlimi-
ted power of arrest, with or without
process even while the election is pro-
ceeding, and their own immunity fIom
arrest by State authority, no matter how
arbitrary or out ageous their miscon-
duct.
hOD vt Una NlNt JO hOhS.
REPoRTER--You speak of impartial
juries. Are not the modes of drawing
jurors in the United States courts which
are held in the Southern S'etes the same
as are employed to oboin jurors for ser
vice in the State courtsp
Senator BAYARD-Not at all. The
selection in those States ofjurors is pract-
tna liz, laff IL, tho iii .ariti ,ft hn Unit taI
State marshals, who generally act under
the suggestion or control 70 the United
States district attorneys and sometimes
of the federal judges. 1t is true that the
Revised Statutes of the United States
contain loosely worded section which
was intended to assimiate the mode of
drawing federal jurors to that followed
under the law 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 Of 1868 (republlcan),
that system has been wholly disregarded
by Judge Woods and Mr.. Justice Brad
ley, ana the arbitrary selection of jurors
by the clerk of the federal court or the
marshal has been sustained against pro-
test. In Maryland and Delaware the
federal marshal summons such persons
as jurors as he pleases, and there is no
legal remedy. As consequence the
grand and petit jures are composed some
times wholly and generally almos entire
ly of men of one political party. You
can readily see the consequences when
the ofienc. charged against a person on
trial is political in its nature. Impartial
verdicts are in this way rendered well
nigh impossible, and the feeling of injus-
tic caused thereby is deeply seated and
is gro wing in intensity.
REPoRrER-When were the laws
passed creating these supervisors and
deputy ma. a.shals?
SENATOR BAYARD--ln 1S70-7l, and
amended il 1872, about a year or two
after | went into the Senate. The ne
cessity for the repeal OF these laws is
manifest. When they were first proposed
| saw the danger to the peace of the coun-
try which they contained, and from my
place in the Senate declared them to be
fraught with peril. / declared that they
We're grossly unconstitutional, 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.
Observation-Disclosures the laws which
you propose to repeal can these super
vlsols and deputy marshals interfere
with the election of Senators of the Uni
ted States?
SENATOR BAYARD-Practically they
can and do most dangerously in this
wa3:-The same clause of the constitu-
ton 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 1t is to Rep esen-
tatives in Congress, excepting that the
"place" of the election of Senators can
not be controlled by Congress. But as
Congress may fix the "place and time,"
as well as the "manner" of holding cleo
tions 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 COM
pei the presence of marshals and super
tlsors at the place and time OF electing
members of the State Legislature. do
not see how the State can escape. 1t is
also plain that if Congress has power to
place supervisors aud marshals at the
polls where Representatives in Congress
ave elected, Congress has equel power,
for it is conveyed III the same sentence
of the constitution, to put deputy mar
shal at the elbow of each member of