The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1879-03-07
TIE ELECTION LAWS.
LAWS IN WHICH THE LETTER ~ FOL-
LOWED AND TsE SPIRIT Is KILLED
TIVE MOST ESSENTIAL FRAUDS
IPON A FREE GOVERNMENT.
speech of Hon. Thomas r. Bayard, Of
Delaware, In the senate, wednes-
day, February To 1879


supply deficiencies In the appropriations for
the fiscal year ending June 30, 1879. and prior
years, and for those heretofore treated Ms
permanent. and for other other purposes
Mr.. Bayard said:
bh. President The question before the Sen
ate Is upon striking out, on page 20 of House
bill No. 6aS6, m appropriation ~ S250,o00.
This is an amendment OF the Senate commit
toe; IL did not come from the House of Repre-
sentatives, but has been added by tho Com
mittee on Appropriations of the Senate 1t
proposes to expend $3.50, 900, or, IA Ia explained
verbally by the honorable Senator in charge
of the bill, about four-Hfths OF that sum, In
defraying the expenses which have been and
may he Incurred" In the enforcement Of the act
approved February ~, 1871, entitled AN act
to amend an act approved May 81, 1870, and
certain amendments thereto" Questions
have been raised as TO the regularity Of the
amendment, aud subjects have been brought
into this debate than which none are or can
be, more interesting and vital to the Ameri-
can people. j do not think 1t will be ques-
toned that the men who founded this govern
ment loved liberty. They sought peace with
the sword and 10 establish liberty under law
They knew well Its value, and they did all
that men could do to obtain and secure II.
They sought to secure liberty under a govern
ment ~ laws; they transmitted II to us as
our best Inheritance. and, 40 far as In me lies,
recognizing the great principle, propose to
secure liberty only under law and believe
that man best serves his country and the
cause Of liberty who insists upon constant
observance or laws "a the only means by
which, and under which. liberty shall be
maintained.
SO It was in 1870 and 1871, when on the floor
OF this chamber there stood with me q scanty
handful OF men, among whom, ever cnnspicu-
Gus, was my hoDored friend from Ohio tMr
Thurman. that we etnadfastly opposed the
enactment Of the so-called enforcement laws.
and stood here by day and by night endeav
oring by strenuous debate to awaken the
American people TO n sense of the dangers
contained In such legislation, and to make
some attempt, vain though 1t should be, to
dissuade the great party majority that en-
acted these laws. ! believed then that these
laws were arbitrary, that they violated the
spirit Of justice which laws must contain In
order TO be useful and respected that they
were viOlntive Of those limitations upon Fed
eral power which the constitution had i'm
posed. ! then endeavOred to point out their
Capability for gross abuse and injustice; and
all the dangers that then apprehended, and
tho injustice and the mischief which such
laws would necessarily cause, have been
more than fulfilled In what we rave witnessed
in the last four years.
For what purpose and In what name and In
what cause were these laws cnacted2 They
were protested to be In the interest Of peace
and purity of elections. Have they been pro-
ductive OF peace2 Have they been produc-
tive OF purity Have the agencies which
the administration have employed to carry
out these laws been such as can, with com
mon honesty. be claimed to be in the interest
OF peace, good order, ana purity In elections
Have theys not rather been proven To be
agencies for corruption and for the grossest
intimidation? ! ask, plainly, all over this
country have these laws been administered in
the cause Of public justice, or have they been
administered In the cause OF one political
party In all the millions of money that
have been appropriated and spent, has one
dollar, one farthing OF that money, ever
reached any but a partisan's hand? Has any
man, but the members OF one OF the great
political parties, ever felt the adverse power
of this legislation Has any man buta men,
Der of one political party felt his dishonest or
improper action restrained by this legisa-
ton? Can the records Of any Federal court
show any indictment found or prosecuted
against any but the members OF one of the
political parties Of this Union2 Can any Sen
ator suggest the record Of single case In
which this unjust and partisan discrimina-
ton has failed to be made2
! said intended TO walk in the path of law
and the spirit Of law and to find, under law,
remedies for all injustice, for, IN my belief.
one danger Of our time Is the confusion IN
the public mind and in the minds OF honest
men of the spirit and meaning of the laws
which should protect our liberty. Sir, there
can be nothing more insidiously dangerous
than to accomplish injustice under the pre-
tended forms of justice, nothing more
dangerous than to overthrow law under
pretense Of enforcing law. Laws perverted
from their meaning, laws In which the letter Is
followed and the spirit is killed are the most
essential frauds upon free government. BY all
the decisions of the courts, by the decision of
every parliamentary body In q free country,
the presence Of armed forces at the polls Of
popular elections ipsO fdctO avoids the result
OF that election at the demand of the defeated
party, Ton sorrow, rs an American be it
said, witnessed the other day the array of the
united majority of Senators on the other side
OF this Chamber in favor OF the doctrine that
In time of profound peace 1t should be lawful
to bring standing army to the peaceful
polls OF election not one voice of all, not one
man in that array OF intelligence and ability,
was found To he willing to raise his voice In
favor OF principle so plain and essential
that had not believed there could be a diff
ference about II among those who intended to
preserve a government OF laws
But, sir, II the presence of well drilled and
disciplined armed forces at an election shall
of itself, be sufficient 10 void that election,
how much greater Is the danger how much
more excessive il the terrorism and intimidn-
ton which follow unlimited arrest without
warrant, of trial before packed julies of fine
and long Imprisonment, punishment 50 excess
sive In proportion to the offense that IL to be
punished as dwarfs into inetgniiicance tho
sentences which have been imposed by s ate
laws for like ofenSeS.
| said the jurie6 were packed; | said 1t In
the face Of laws which stand on our statute
book which have Just now been read hv the
honorable Senator from Indiana MIR Noor-
heesl, to show that to-day scarcely fraction,
scarcely one man out OF 1000 10 ntteen States
Of this Union, can sit upon lutleS II i pleases
the district attorney or the Judge to purge
him with such an oath as necessarily diequali-
fies him. To-day we see members OF the
Cabinet, we see Senators to-day, and Repre-
sentatives tn Congress, men OF both parties
In each house to-day, district attorneys who
are to present men for prosecution, nay the
very judges, from whose lips sentence OF con
domination is to proceed, are themselves dis-
qualified by this law from sitting upon the
panel of the jury which they are to instruct
and whose findings they are to set aside or
maintain in their discretion! why, SIT, tne
very statement Of the case is sufficient TO
shock every sense Of justice; and do not pc
lieve, and | cannot believe, in the face OF the
intelligence and the good feeling OF the Amerl-
can people. that this Congress is to adjourn
until that stain, at least, is removed from the
Statute book of their government.
But Mr. President, this Is not the case OF
an appropriation added irregularly. IL pro
fesses to be an appropriation to carry into