The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1879-03-19
SENATOR BAYARD ON THE SITUA.
TTON.
The Test Oath and Federal Election Laws
Must be Repealed - Injustice of the
One and Tyrannical Character Of the
New York Herald.l

liked Tor the extra session OF Inc FOfty-Slxtf
| In this city. As this distinguished gentleman
is regarded as the head of the more conserva
tive portion Of the Democratic party his
views upon the proposed legislation which re-
suited in the failure of important apprOpria-
ton bills will be read with interest through.
out the country. A Herald reporter called
upon the Senator yesterday, when the fol
lowing conversation, In which such views are
embodied, took place:
Reporter-Will there be any general legis-
lation at the extra session OF Congress?
Senator Bayard-I am disposed to think
the session will be short, and consequently
there will be no time to consider any but
essential measures.
Reporter-To what measures do you refer
as essential
Senator B4yard-The two appropriation
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 a
law providing for impartial juries. the right
to which is so piaiuly guaranteed to every
person by the fifth amendment OF the consti-
tuition: an amendment of the present law
which permits the presence of armed forces
at elections to keep the peace, and the repeal
of those sections OF the Revised Statutes
which provide for the appointment Of Fed
several States, and OF countless deputy mar
shals with unlimited power of arrest, with
or without process, even while the election Is
proceeding, and their own immunity from ar
rest by State authority, no matter how arbi-
trary or outrageous their misconduct.
METHOD OF DRAWING JURORS.
Reporter-You speak of impartial juries
Are not the modes of drawing jurors In the
United States courts which are held in the
Southern States the same as are employed to
obtain jurors for service in the State courts2
Senator Bayard Not at all. The selection
In those States OF jurors is practically left In
the discretion OF the United States marshals,
who generally act under the suggestion or
control OF the United States district attor-
neys and sometimes of the Federal judges.
1t Is true that the Revised Statutes OF the
United States contain a loosely-worded Sec
ton which vas intended to assimilate 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 excellent State
jury system, established by the State consti-
tuition OF 1868 (Republican), that system has
been wholly disregarded by Judge Woods and
Mr.. Justice Bradley, and the arbitrary selec
ton OF Jurors by the clerk of the Federal
court or the marshal has been sustained
against protest In Maryland and Delaware
the Federal marshal summons such persons
as jurors as he pleases, and there's no legal
remedy. AS consequence the grand and
petit jurtes are composed sometimes wholly
and generally almost entirely OF men OF one
political party. You can readily see the con-
sequences when the offense charged again a
person on trial is political in its nature. I'M
partial verdicts are in this way rendered well
nigh impossible, and the feeling OF injustice
caused thereby is deeply seated and is grow
ing In intensity.
Reporter = When were the laws passed
creating these supervisors and deputy mar
shalsS
Senator Bayard-In IS7O-71, and amended
In 1872 about year or two after | went into |
the Senate. The necessity for the repeal OF
these laws Is manifest. When they were
first 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. 1 declared that they
were grossly unconstitutional, and 80 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
Reporter nder the laws which you pro-
pose to repeal can these supervisors and
ieputy marshals interfere with the cleo
lion Of Senators Of the United States?
Senator Bayard-Practically they can and |
10 most dangerously in this way: The same
clause OF the constitution that gives to Con-
yress revising power over State regulations |
IS to time, place and manner of holding cleo |
Ions IS precisely the same in relation to the |
election OF Senators as it is to Representa-
Ives IN Congress, excepting that the place" |
II the election Of Senators cannot be con-
rolled by Congress. But as Congress may
TX the place and time, " as well as the imam
Ter" OF holding elections for Representatives, |
congress may appoint the very thine and |
place" which the State has indicated for the
election OF her Legislature and in that way /
compel the presence of marshals and super
7isors at the place and time of electing mem
'ers OF the State Legislature. | do not see
low the State can escape. It is also plain
hat II Congress has power to place supervis
'rs and marshals at the polls where Repre-
in Congress are elected, Congress
las equal power, for 1t Is conveyed In the
anne sentence of the constitution to put a |
leputy marshal at the elbow of each member
Il State Legislature during the election OF a |
lords of the Legislature. The exercise of such |
power Is just as fatal and not more fatal to |
he rights OF the State in one case as in the |
'ther, and its claim by Congress is just as
in one case as in the other The /
Whole design of local self-government is over
brown If such powers in Congress are adj
nftted TO exist and are exercised. | saw this /
tainly in 1871. and only see it more plainly I
ow. 1t is just as important for the United |
tateS to secure honest elections of State Leg
slatureS as OF members of Congress- for the |
tate legislators choose United States Sena-
orS.
THE FEDERAL ELECTION LAWS.
Reporter-DoeS the repeal OF these sections
elatlng TO supervisors and deputy marshals,
S proposed by the late House OF Representa |
We. interfere with the punishment of frauds
ommitted at elections?
Senator Bayard-No. The proposed repeal
,ould simply remove Federal Supervisors and
hited States mafShaiG ffon e6ntf0t eff the,
onduct OF elections In the States, but would
OF exonerate any dishonest voter or official
ON the consequence Of his offeEse, as now
efined by law
Reporter--Do you think that the President
III refuse his approval of these reforms?
senator Bayard-I cannot believe that he |
'ould feel warranted in such action. There
an be no conceivable constitutional scruple
LEGGED for refusing his assent thereto, and
here Is abundant and plain constitutional
eason why he should join In giving effect
ruly and confessedly representing the ma