The Morristown gazette. [volume] (Morristown, Tenn.) 1867-1920, 1880-08-18

, 4 & "a &
II the cfvil authority Is supreme, as the consttq
ton declares It tob be, the South Carolina case wa
= one in which the army had plain duty, IHaS
Gen Ruger asked me for ADVICE, and if had Civ
en- it, Ishould Of course have hotiAed you Of my
action Immediately, 80 that It could have bean
promptly oyerruled if it should have been deemed
advisable by You or others superior in authority
Gen. RugeF did not ask ferm my advicsy and T1nferl
red from that and other facts that he did not de-
sire it., or that, being in direct communication
with my military superiors ut the seat Of govern
ment, who were nearer to him in time and dis
tance than 1 was, he deemed it unnecessary. As
Gen. REger had the ultimate responsibility Of ac-
ton, and had really the greater danger to eonfroRt
in the final action of the matter, did not venture
to embarrass him by suggestions. He WAS de-
partment commanderIapd tbs. Lawful head effthe
\ military administration within the limits of the
4 department. but, besides I knew he had been cali
ed to Washington for consultation. before taking
command, and was probably aware of the views,
Of the administration as to the civil affairs in his
command. i knew that he in direct oeEnmu-'
! nication with my superiors in authority in refer
/ to the delicate subjects presented for his
consideration, or had ideas of his own which he
believed to be sufficiently in accord with the view
Of our common superiors to enable him to act in
telligentIy, according to his judgment, and with
out suggestions from those not on the spot, and
not as fully acquainted with the facts himself.
He desired, too, to be free to act as he had the
eventual greater responsibility, and the matter
was governed as between him and myself. As
have been writing thus freely to you, may still
further uRbosom myself by stating that have not
thought it lawful wise to Federal troops in
such matters have transpred east of the Missis-
sippi within the last few months, save so far as /
they may be brought into action under the article
of the constitution which contemplates meeting
armed resistance or invasion of State more pow
erful than the State authorities can subdue by the
ordinary process, and then only when requested
by the Legislature, or, if it could not be convened
in session, by the Governor, and when the Presi-
dent of the United States ntervenes in that matter
it is state of war, NOT peace. The army is Ia
boring under disadvantages, and has been used
at times in the judgment of the people
Gin mine certainly, and we have lost great deal
of the kindly feeling which the community at large
once felt for us.
GEN. HANCoCK's RESPECT FOR THE Law.
att is time to stop and unload" officers in
command of troops often find it difficult to act
wisely and safely when superiors in authority
have different views of the laws from theirs, and
when legislation has sanctioned action seemingly
in contact with the fundamental laws and they
generally defer to the known judgment of their |
Superiors. Yet the superior officers of the army
are regarded in such crises, and are held to
such responsibility, especially those at, the
head Of it, that it is necessary such entous
occasions to dare to determine for themselves ,
What is lawful under SYSTEM if the military !
should be invoked, might possibly
'e the in such exceptional times when there.
existed such divergent views to the correct re-
ult The army will suffer from its past action if 8
has acted wrongfuIly. Our regular army has ;
title hold upon the affections of the people Of to
lay, and its superior officers should certainly, as
ar lies in their power legally and with righte-
us intent, aim to defend the right which to us is
HE LAW, and the institutions which they repre- Z
ent. 1t is well-meaning institution and it would
e well if it shou Id have opportunity to be
gnized a bulwark in support of the rights of
be people and of THE LAW. am truly yours. c
WINFIELD s. HANCOC
To Gen. W. 7. Sherman, commanding army of
United States, Washington, D. G. {