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

Bayard was born in Wilmington, Delaware, on November 15, 1799. He was a son of Nancy (née Bassett) Bayard and James A. Bayard, a member of the Federalist Party who served as U.S. Representative and U.S. Senator from Delaware.

His paternal grandparents were Dr. James Asheton Bayard and Ann (née Hodge) Bayard. The Bayard family was descended from a sister of Director-General Petrus Stuyvesant and came to Bohemia Manor, Cecil County, Maryland, in 1698. His maternal grandfather was Richard Bassett, a signatory to the United States Constitution and U.S. Senator from Delaware. the Philadelphia, Wilmington and Baltimore Railroad (for which service he is named on the 1839 Newkirk Viaduct Monument), and the Pennsylvania Railroad.

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".

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. 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 3, 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.

Personal life

150px|thumb|Coat of Arms of James A. Bayard, Jr.

On July 8, 1823, Bayard was married to Anne Francis (1802–1864) by the Right Rev. Bishop William White.

  • James Asheton Bayard (1825–1848), who died unmarried.
  • George Harrison Bayard (1832–1836), who died in childhood.