Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1880-08-03

meet that contingency and decide the
question peacefully. 1t has not been
recently used, no occasion presenting
itself, but our forefathers provided it.
1t has been exercised and has been re.
cognized and submitted to as lawful
on every hand. That machinery would
probably elect Mr.. Tilden President and
Mr.. Wheeler Vice President That
would be right enough, for the law pro.
vides that IN failure to elect duly by
the people the House shall Immediately
elect the President and the Senate the
I Vice President. Some tribunal must
decide
Whether the People Have Duly Elected .
President.
presume, OF course, that il is the joint
affirmative action Of the Senate and
House, or why are they present to wit
ness the count il not to see that il is fair
and just? II failure to agree arises be-
tween the two bodies there can be no
lawful affirmative decision that the peo-
pie have elected President, and
the House must then proceed to
act, not the Senate. The Senate
elects Vice Presidents, not Presi-
dents. Doubtless in case of failure by
the House to elect a President by the
4th of March, the President OF the Sem
ate (if there be one) would be the legiti
mate person to exercise Presidential
authority for the time being, or until
the appearance Of a lawful President, or
for the time laid down in the Constitu.
ton. Such courses would be peaceful,
II In f,,I
His Opinion Of Hayes
l have no doubt Governor Hayes
would make an excellent President. /
have me. him and know him. For 4
brief period he served under my CON-
mand, but as the matter stands !
can't see any likelihood OF his
being duly declared elected by
the people unless the Senate and
House come to be in accord as to that
fact, and the House would, Of course,
not otherwise elect him. What the
people want is peaceful determination
OF this matter, as fair determination as
possible, and a lawful one. No other
determination could stand the test The
country, if not plunged into revolution,
would become poorer day by day, busi.
ness would langush and our bonds
would come home to find deprecated
market.
Troops Out Of Place.
was not in favor OF the military &C.
ton in South Carolina recently, and ii
General Ruper had telegraphed to me
or asked for advice, would have adj
vised him not under any circumstances
to allow himself or his troops TO deter.
mine who were the lawful members OF
a State Legislature. / could not have
given him better advice than to refer
him to the special message OF the Presl.
dent in the case Of Louisiana some time
before.
But IN South Carolina he had had the
question settled by decision OF the SUI
preme Court of the State-the highest
tribunal which had acted on the ques-
tion-so that his line of duty seemed
even to be clearer tn IN the action in the
Louisiana case. Ii the Federal court
had interiered and overruled the de-
cisi6n OF the State court there might
have been a doubt certainly, but the
Federal court interfered to complicate-
not to decide or overrule.
ANYHOW it is no business OF the army
to enter upon such questions, and even
II it might be so in any event, If the
civil authority il supreme, as the Con-
stitu,ion declares it to be, the South
Carolina case was one in which the army
had a plain duty.
His Course Toward Cen. Ruger.
Had General Ruger asked me for ad.
vice, and ii had given it, | should OF
course have notified YOU OF my action
Immediately, SO that it could have been
promptly overruled if it should have
been deemed advisable by you or other
superior in authority. Gen. Ruger did
not ask for my advice, and i inferred
IRON that and other facts that he did
desire it, or that, being in direct commu-
ncation with my military superlors at
the seat OF government, who were near
er to him in time and distance than
was-he deemed it unnecessary. AS
General Ruger had the ultimate respon-
sibil ty of action and had really the
greater danger to confront in the final
action in the matter, did not venture
to embarrass him by suggestions.
He was a department commander
and the lawful head OF the military ad'
ministration within the limits OF the de-
partment; but besides, | know that he
had been called to Washington for con.
sultation before taking command. and
was probably aware OF the views OF the
administration as to civil affairs in his
command. knew that he was in direct
communication with my superiors in
authority in reference to the delicate
subjects presented for his consideration,
or had ideas OF his own which he be-
lieyed to be sufficiently in accord with
the views OF our common superlors TO
enable him to act Intelligently accord
ing TO his judgment and without sugges.
tions from those not on the spot and
not as fully acquainted with the facts as
himself. lie desired, too, to be free Tn
act, as he had the eventual greater res
ponsibi,itv, and so the matter was gov
erned as between him and myself.
Illegal and Unwise.
AsI have been writing thus freely to
YOU may still further unbosom myself
by stating that have not thought IL
lawful or wise 10 use Federal troops in
such matters as have transpired east OF
the Mississippi within the last few
months-save 30 far as they may be
brought into action under the article OF
the Constitution which con,emplaies
meeting armed resistance, or invasion OF
a State, more powerful than the State
authorities can subdue by the ordinary
processes-and then only when request
ed by the Legislature, or, ii 1t could not
be convened in session. by the Cover.
nor, and when the President OF the
United States intervenes in that matter
il is state OF war, not peace.
The army is laburing under disadvant'
ages, and has been used unlawfully at
times IN the judgment OF the people lin
mine certainly, and We have lost
great deal of the kindly feeling which
the community at large once felt for US.
"I,is time to stop and unload
The Difnoulties Under which omcers
Labor
Officers in command OF troops often
find il difficult 10 act wisely and safely
when superiors in authority have differ.
ent views OF the law from theirs, and
when le eyis!a,ion has sanctioned action
-, ,nna,ot with tha I'm nla-