, 1880-08-01
PRICE FIVE CENTS.

bud telegraphed to me, or asked for advice,
stances, to allow himsclf or Els troops to de-
termine who were the lawful members Of a
STATE Legislature. ! could not have given him
message Of the President IN the case Of Eouisi-
ana some time before But in South Carolina ho
had bud: the question settled BY deci-
the highest tribunal which acted on
the questlon.-so that his line Of duty
the Iouisiana case. il the Federal Court Ind ID
interfercd and .overruled the decision Of the
State Court. there *
NIGHT HAVE BEEN DOUBT
certainly, but the Federal Court only futerfered
to conpGcate, not to decide or overrule. Any
bow, it is no business OF the army to enter upon
such questions, and, even It. IT. might be 50, In
the Constitution declares it to be, the South
Carollna case was one in which the army had a
plain duty; Had Con: Ruger % .,sked me for 3D.
have notified you Of my action Immediately. 90
that it could hnye been promptly overruled ii it
should have been deemed advisable by You ,3F 9E
ferred from that and other. facts that
munlcation with my military superiors at the
seut Of Government, who were nearer to him In
time and distance than was He deemed 1t
responsibility OF action, and had really the
greater dan ger to confront in the 1inal action U
the matter, did not Venture to eln6arTnS3 hfm
by suggestions He wasa department command
or, and tho lawful head OF the military admins
ton within the limits OF the department.; but,
besides. knew that he
bad BEEN CALLED 70 WASHINGTON
for consultation before taking command, and
was probably aWHEe Of the views OF the Admin
1strutiOn rs to civil Affairs In bis command. I
knew that be Was ia direct communication with
my superiOrs In authority in reference to the
delcale subjects presented for his consideration,
or had ideas of his own which he believed to be
mon supcrio1s to enable him to uct Intelligent
Is, according. to his Judgment, and with
out suggestions from the. those not on
with the facts ~ himself. he desired, TOO, to be
free to net, Us he h,ad the eventual greater
sponsibi!ity, and 50 the matter was governed as
may still further unbosvm myself by stating
Federal troops in such matters as haye trans
pired east OF the Mississippi within the lass few
mouths, save SO fur Us they may be brought into
which contemplntes meeting armed resist
| ance, Or invasion Of State, more
psSn by thu tRe the S2daay
/ then only when requested by the Legislature,
Or, if itcoud not be convened In session, BY the
Governor; und when the President Of the United
| States interrenes in that manner it is state Of
| war, not peace.
| The army is laboring under disadvantages,
and has been used uniawfuliy ut times in the
,ve have lost gre.lt deal OF the kindly feeling
| whlch:tha community ut large once felt for us.
1T IS: time TO stop and unload, Officers !n
| command OF troops often find it difficult
| to act. wisely and safely, when superlora
| in authority have different views Of tho law
| from theirs, aud when LEGISLATION has sanctioned
| action seen,ing!; jn conflict with the funda=
| mental Law, and they generally defer to tho
! knuwn Judgment Of their superiors, yet the
| superior officers Ut the army nre so regarded IN
such :;fcaI crises and are held to such responsf-
uiiiry especially those ut near the head Of It,
TINT It is necessary on such nomentous ocea-
| sions to
| DARE TO DETERMINE FOR THEMSELVES
what IS Iuwful and whit is not lawful under QUIZ
! system. II the lui.i turf authorities should be
! invoked US might possibly bc the c1tse in sueh
| exceptional times, when there existed surn
| divergent views as TO the CORRECT result the
| army will suffer from its past action II it haf
| acted wronstully. Our regular urmy has little
hold upon The affections OF the people OF to-dny.
and its superior officers should certainly, rs la1
US lies iu their power, legally and with righteous
intent, aim defend the right which to US Il the
law and the institution which they represent
1t is we'll meaning institution and It would be
well If it should huye un opportunity to be rec.
| ognized us Il buwark in support of the rights Of
the people and OF tho law. l,u1p truly yours.
| WINFIELD $. HANCOCK.
| To Gen. ", T.: Sherman, commanding army OF
the United States, Washington. D. T.