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


between the close Of the Forthwith Con-
gress and the time fixed for the extra ses-
sion Of the Forty-sixth in this city. AS
this distinguished gentleman ia regarded
MS the head of the more conservative por-
tion OF the Democratic part, his views
upon the proposed legislation which re-
suited in the failure OF important apprc.
priaton bills will be read with interest
throughout the country. a HcraM re-
porter called upon the Senator yesterday,
| when the following conversation, in
which such views are embodied, took
place.
Rcporter-Will there be any general
| legislation at the extra session Of Con.
grcss?
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 AZ essential?
Senator bayarI 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 II law providing for impair
tial Jurics, the right to wh;cll is SO plain
ly guaranteed to every person by the
fifth amendment Of he constitution; nm
amendment of the present law which
permits the presence Of armed forces at
elections 20 keep tie peace and the re-
peal OF those sections Of the Revised
Statutes which provide for the appoint
mcnt of federal officials Us supervisors of
elections in the several States, and of
countless deputy marshaIs 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-Iou speak Of impartial
juries. Arc not the modes of drawing
jurors in the United States Courts which
arc held in the Southern States the same
as are employed to obtain jurors for scr
vice in the State CourLs7
Senator Eayard-Not Mt 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
the Revised Statutes Of the United States
contain n loosely wordcd section which
was intended to assimilatc 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 g consequence the
grand and petit jures are composed
sometimes wholly 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.
dcred we'll nigh impossible, and tho feel
ing of injustice caused thereby is deeply
seated end 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 year or two
after went into tho Senate. The ne
cessity for the repeal Of these laws is
posed saw the danger to the peace of
the country which they contained, and
from my place in the Senate declared
them to be frnught with peril. | de.
clared that they werc 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.
TIE ELECTION OF SENATOR'S.
Reporter-Under the laws which YOU
propose to repeal can these supervisors
AMI 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 rs 10 time, place and
manner of holding elections is precisely
tho same in relation to the election
of Senators Us it is to Representatives in
Congress, excepting that the "pace" Of
the election of Senators cannot be con-
trolled by Congress. But as Congress
may fix the "place and time" as we'll as
the manner" of holding elections for
Representatives Congress may appoint
tho very "time 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 meinbers
of the Legislature. do no. SEQ how the
state can escape. 1t is also plain that
If Congress has power to place supervi-
cora and marshals at The polls where Rep.
resentatives in Congress are elected, Con
gress has equal power, for 1t 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
ntor and supervise the records OF the
Legislature. The exercise of such q
power is just as fatal and not more fatal
. 20 the rights Of the State in onc .Ase rs
in the other, and its claim by Congress
| ia just as allowable in one case as in
the other. Tho whole design Of local
selfgovernment is overthrown if such
powers in Congress are admitted to exist
and are exercised. saw this plainly in
1871, and only see it more plainly now.
1t is just as important for the United
States to secure honest elections of State
Legislators as of members OF Congress. for
the state Legislators choose United States
Senators.