Year: 1876


A reporter OF the New York Word
was favored with most interesting in


tervicw with Senator Bayard on the


subject Of Attorney General Tait's ex


traordinary "order" turning over tn,
South to military law. We give the


conversation in full;


Reporter.-Have you read the order


of Judge Taft, giving form to the die


tates Of Grant, Cameron and Chandler
and what do you think of it?


Senator Bayard.-No document sc


partisan in character, so reckless Of all


constitutional limitations upon power


so regardless of historical truth, so ut


terly insubordinate to the decisions OF


thesupromo court of the United States


has in the history Of our country issued


from department, not only acting as


all departments should act, under the


sanction Of law, but looked TO by all


other departments Of the executive as


itself the fountain of law for them.


R-Haye you read Mr.. Evarts'
OPINION OF lobo


Senator b. have read il, and by


the light of that opinion | consider that


my condemnation of Judge Tafts order


is completely justified, Mr.. Evarts'


opinion breathes, from first to last, the


true spirit of subordination of the mill


tary to the civic power. Judge Taft's


long, confused order, opinion, or what


ever il may be called, directly reverses


the American theory and seeks by


quibble, evasion and downright usurp-


alton to place law under the loot of


military power, and If carried into Of


feet would absolutely annihilate every


police power necessary for tho main


tenance of State governments. For


example, both Mr., Evarts and Mr.. Taft


cite the opinion Of Attorney General


Gushing as to what may be comprised


in the posse eomitdtus In giving this


abstract definition, Mr.. Gushing recog-


nizes equally the power of the State


within its proper jurisdiction, and of


the United States wherein theirs, by


declaring that the persons and classes


alleged by him to be composed within


the power of the country are all alike


TO obey the commands OF q Sheriff or


Marshal; /. e., that the county or State


official, the Sheriff, is as fully entitled


to the aid of the power of the county
in execution of his lawful duty as the


United States Marshal can be. But
Mr. Taft sees fit, in clutching at power


TO serve the party ends Of his superiors,
TO omit the well recognized and essen
tial fact that neither the State nor the


United States can either directly or in
directly interfere with each other in
the exercises of their respective juris-
dictitons; that the existence and main
teuance Of the due power OF each is as
essential TO the maintenance of our
system of government as of the other.
10 use the iorcible words Of Mr.. Justice
Nelson speaking for the entire court in
tho case of the collector against Day


9th Wallace); "To disturb these
essential rights and power ofthe States
wanld cause onr government TO disap.
pear from among thefamily of nations" "
Thus no Judge of United States court
has SO tar ever attempted to assert
that when jurisdiction has fully ac-
crued to a State tribunal over person
or subject OF dispute within the cog.
nizance of the State tribunal, such
Jurisdiction can be nullifod by the
United States. Illustrations of this
are too frequent to make discussion
necessary. But, passing by Judge
Tail's claim for an indefinite jurisdiction
over matters which can and must in
the nature of things belong solely to
the State tribunals, the claim of power
which he makes is so full of danger,
not TO the South alone, which affords
the immediate pretext but TO every |
section Of the country, the North and
the West as well, that it should be in
stantly met by all who love law and
order, without regard to party, with
the stcrnest reprobation and condem-
nation. What docs Judge Taft mean
by speaking of the 'peace of the United |
States" which the Marshals and their
swarms Of deputies are TO preserve and
the violation of which they are to sup
press, and which protects "dmonga
other rights the rights specified by
him2 Does he not plainly mean, that
as the United States include all the
States, the preservation of peace in
each State. and the right to suppress
violations of the peace in each State
are taken from the control of State
officials and handed over TO Federal
power2 What are the breaches of
peace OF the United States for tho VIC.
lation Of which they may arrest and
secure all persons Does Judge Taft
mean is it intended to obliterate the
States and State power in relation to
all matters connected with the prcpar-
ations for or conduct of an election
II not this, what does he mean when
he says "the United States secure
voters against" ichdterer in general him
ders or prevents them from n full ex-
crcise OF the elective franchise, extend
ing that care alike to the registration
lists, the act of voting and the personal
freedom and security OF the voter, as
well against violence on account of any
vote he may intend TO gire against con.
spirdcy because of any he may have
alioady given 2" II this language does
not include absolute and unlimited
police control over the elections, il
would be difficult to find words by
which TO give il. What does Judge
Taft mean when he speaks of the fright
TO vote which the United States have
given or have secured p Where did
the United States give the "right to
vote" And to whom The supreme
court of the United States distinctly
affirm, in the last decision on this sub
cct that the fifteenth amendment con.
Iers the right of suffrage upon no one
and yet il was only under that amend
ment Of the constitution that any
claim was made in the cases in which
this decision was made. The supreme
court bad long before and repeatedly
decided that the fourteenth amendment
in no way touched the right of suffrage.
Although Judge Taft proposes to evadc
the effect and force of these decisions,
which should have bound him as a
lawyer and TO which II was bis duty
as a citizen to conform his conduct, By
stating towards the end Of his opinion
that he "has considered the recent i'm
portant judgments given by the su.
premc court of the United States upon
the acts of Congress which regulate
this general topic" yet he proceeds to
aver that he need sin this place to add
no more than that these judgments do
40, .onoa,, toJo,,l olart;ons rho