James A. Bayard Jr.

James A. Bayard Jr.
United States Senator from Delaware
In office March 4, 1851 – January 29, 1864
Preceded by	John Wales
Succeeded by	George R. Riddle
In office April 5, 1867 – March 4, 1869
Preceded by	George R. Riddle
Succeeded by	Thomas F. Bayard Sr.
Personal details
Born	James Asheton Bayard Jr. November 15, 1799 Wilmington, Delaware
Died	June 13, 1880 (aged 80) Wilmington, Delaware
Political party	Democratic
Residence	Wilmington, Delaware
Profession	lawyer
Religion	Episcopalian

James Asheton Bayard Jr. (November 15, 1799 – June 13, 1880) was an American lawyer and politician from Delaware. He was a member of the Democratic Party and served as U.S. Senator from Delaware.

Early life and family

Bayard was born in Wilmington, Delaware, son of James A. Bayard and Nancy Bassett Bayard. His father was a member of the Federalist Party and served as U.S. Representative and Senator from Delaware. His mother was the daughter of Richard Bassett, signatory to the United States Constitution and Senator from Delaware. His older brother, Richard H. Bayard, was also a U.S. Senator from Delaware.

Professional and political career

Bayard studied the law, and began his legal practice in the city of Wilmington. From 1836 until 1843 he served as United States Attorney for Delaware. In 1851 he was elected to the U.S. Senate. He was re-elected in 1857 and 1863, and served from March 4, 1851, to January 29, 1864, when he resigned. As U.S. Senator he was chairman of the Committee on Engrossed Bills in the 32nd Congress, a member of the Committee on Public Buildings in the 33rd Congress and 34th Congress, a member of the Committee on Judiciary in the 35th Congress and 36th Congress, and a member of the Committee on Public Buildings and Grounds in the 35th Congress.

Bayard served on the boards of various railroads, including the Wilmington and Susquehanna Railroad,^[1] the Philadelphia, Wilmington and Baltimore Railroad (for which service he is named on the 1839 Newkirk Viaduct Monument), and the Pennsylvania Railroad.^[2]

In 1846, Bayard represented slave owners in a civil suit against Thomas Garrett, a Wilmington iron merchant who was also a "stationmaster" on the Underground Railroad. The plaintiffs demanded damages from Garrett for helping around 10 slaves escape to freedom. The suit was tried in the U.S. District Court in New Castle, Delaware before Chief Justice of the Supreme Court Roger B. Taney (sitting as a circuit judge). (Taney later issued the notorious Dred Scott decision as Chief Justice.) Bayard won a judgement that all but bankrupted Garrett, who declared on the spot that he would redouble his anti-slavery efforts: "Friend, I haven't a dollar in the world, but if thee knows a fugitive who needs a breakfast, send him to me."^[3]

Bayard was a conservative and adhered to his interpretation of tradition throughout the American Civil War. He believed the South should be allowed to secede peacefully, and privately hoped for the secession of Delaware and a state convention to address the issue.^[4] Citing property rights of owners, he opposed abolitionist measures. He also stated both his opposition to the Civil War and his opposition to any presidential or congressional acts used to suppress the independence of the Southern states.

During the Civil War, the Senate required all senators to swear an oath of loyalty to the Union. Bayard refused, stating that such an oath would be unconstitutional, and after taking the oath and giving a long speech disputing its legality, resigned from the Senate.

The death of his successor, George R. Riddle, on March 29, 1867, left the Senate seat vacant. Bayard interrupted his practice of law in Wilmington and accepted appointment to the vacant seat. He was subsequently elected to fill it, and served again from April 5, 1867, to March 4, 1869. During the impeachment trial of President Andrew Johnson, Bayard voted "not guilty." After declining to run again for re-election, he returned to private practice for several years until poor health incapacitated him.

In 1872, he was among the nine politicians whose names were submitted by the House of Representatives to the Senate for investigation in the Credit Mobilier scandal. He wrote a letter disavowing any knowledge of the affair, and his name was generally dropped from the investigation.^[5]

Death and legacy

Bayard died at Wilmington and is buried there in the Old Swedes Episcopal Church Cemetery. He was the father of U.S. Senator Thomas F. Bayard and grandfather of U.S. Senator Thomas F. Bayard Jr.

Almanac

Senators were elected by the state legislature at this time - in this case the Delaware General Assembly - to a six-year term beginning March 4. Bayard was elected to a term beginning March 4, 1863, but resigned in 1864. George R. Riddle was appointed to serve the rest of the term, but died in 1867. Bayard was then appointed to serve the remainder of the term.

Public Offices
Office	Type	Location	Began office	Ended office	notes
United States Attorney	Executive	Wilmington, Delaware	1836	1843
U.S. Senator	Legislature	Washington	March 4, 1851	March 3, 1857
U.S. Senator	Legislature	Washington	March 4, 1857	March 3, 1863
U.S. Senator	Legislature	Washington	March 4, 1863	January 29, 1864
U.S. Senator	Legislature	Washington	April 5, 1867	March 3, 1869

United States Congressional service
Dates	Congress	Chamber	Majority	President	Committees	Class/District
1851–1853	32nd	U.S. Senate	Democratic	Millard Fillmore		class 1
1853–1855	33rd	U.S. Senate	Democratic	Franklin Pierce		class 1
1855–1857	34th	U.S. Senate	Democratic	Franklin Pierce		class 1
1857–1859	35th	U.S. Senate	Democratic	James Buchanan		class 1
1859–1861	36th	U.S. Senate	Democratic	James Buchanan		class 1
1861–1863	37th	U.S. Senate	Republican	Abraham Lincoln		class 1
1863–1865	38th	U.S. Senate	Republican	Abraham Lincoln		class 1 [6]
1867–1869	40th	U.S. Senate	Republican	Andrew Johnson		class 1 [7]

References

Notes

1. Railway Locomotives and Cars, Volume 6
2. Churella 2013, p. 88
3. "Thomas Garrett (b. August 21, 1789 - d. January 24, 1871)". Archives of Maryland (Biographical Series). Maryland State Archives. July 19, 2012. Retrieved November 27, 2013.
4. Brion McClanahan, "A Lonely Opposition: James A. Bayard and the American Civil War." Ph. D. Dissertation, University of South Carolina, 2006
5. "The Expulsion Case of James W. Patterson of New Hampshire (1873) (Crédit Mobilier Scandal)". U.S. Senate Historical Office. Retrieved September 30, 2013.
6. Resigned
7. Elected to fill vacancy caused by George R. Riddle's death

Bibliography

• Churella, Albert J. (2013). The Pennsylvania Railroad: Volume I, Building an Empire, 1846-1917. Philadelphia: University of Pennsylvania Press. ISBN 978-0-8122-4348-2. OCLC 759594295.
• Hoffecker, Carol E. (2004). Democracy in Delaware. Cedar Tree Books, Wilmington. ISBN 1-892142-23-6.
• Martin, Roger A. (2003). Delawareans in Congress: The House of Representatives. Roger A. Martin, Newark. ISBN 0-924117-26-5.
• Munroe, John A. (1993). History of Delaware. University of Delaware Press. ISBN 0-87413-493-5.
• Scharf, John Thomas. (1888). History of Delaware 1609-1888. 2 vols. L. J. Richards & Co., Philadelphia.

External links

• Biographical Directory of the United States Congress
• Delaware’s Members of Congress
• Find a Grave
• The Political Graveyard
•  "Bayard, James Asheton (Jr.)". Appletons' Cyclopædia of American Biography. 1900.
• Delaware Historical Society
• University of Delaware