The news and herald. (Winnsboro, S.C.) 1877-1900, 1880-08-07

| Hayes would make an excellent Pres.
dent. Ihavo met him and know of
him. For u brief period he served
under my command, but as the matter
stands can't sec any likelihood of his
being duly declared elected by The
people unless tho Senate and House
come to be iii accord as to that fact
ana the House would, Of course, not
otherwise clcct him. What the people
want isa peaceful determination Of
this matter; rs fair determination as
possible and lawful ono. No other
determination could stand tho test.
mo country, ifnot plunged into u
revolution, would become poorer day
Dy DAY, business would anguish and
our oonus would come home to find q
ocprcclatcd market. was not in ftl-
V0r OF The military action ia South
CaroIna recently, and if Gen. Ruger
had tclcgraphcd to mo, or asked for
advice, l would have advised him moi.
under any circumstances, 10 allow
himself or his troops to determine who
We're the lawful members Of a State
Legislature. could not hayo given
linn better advice than to refer him to
tic special message Of the President
III the case Of Louisiana some time be-
torc. But in South Carolina he had
the question settled by q decision OF
the Supreme Court Of the Statc-thc
highest tribunal which had acted on
fhe qucstion-so that his line of duty
seemed oven to be clearer than in tho
action in the Louisiana case. If the
Federal court had intericrcd and
| ovcrrulcd the decision of tho State
court, there might have been Il doubt
certainly, but the Federal court ONLY
lnterfcrett to complicatc, not to decide
or overrufc. Anyhow, it is no bust
moss OF the army to enter upon such
questions, and even if it might be so
i'll any event, if the civil authority is
supreme, as the Constitution declares
it to be, the South Carolina case was
one i'll which the army had plain
duty. Had Gen. Ruger asked me for
advice and if I had given it, I should,
OF course, lave notified you of my
action Immediately, so that if it could
have been promptly ovcrrulcd if it
should have been deemed advisable by
YOU or any other superior in authority.
Gen Rugcr did not ask for ny advice.
and Inferred from that and other
facts that he did not desire it, or that
being in direct communication with
my military supcriors at the scat Of
government. who were nearer to him
| IN time. and distance than I was, he
deemed it unnecessary. AS Gen. Ru-
ger had the ultimate responsibility of
action, and had really the greater dan
ger to confront in the final action i'm
the matter, | did not venture to en-
barrass him by suggestions. IIc was q
department commander, and the law
1ul head Of thc military administration
in A.,
but, besides, ! knew that lie had been
called to Washington for consultation
before taking command, and was
nrobab'y y aware of the views of
INC administration TO tho civ
| il affairs in his command. knew that
he was III direct communication with
my supcriOrs in authority in reference
10 tic delicate subjects presented for
his consideration, or had ideas of lis
own which he believed to be sufficient
ly III accord with the views of our COM
mon supcriors to enable him TO act in
tclliScntly, according TO his Judgment
and without suggestions from those
not on the spot and not as fully &C
quaintcd with all the facts as himself.
lie desired, too, TO be free to act, as he
| had eventual greater responsibility,
|'ahd so the matter was governed as be-
tween him and myself. AsI have
bccn writing thus freely to you, [ may
| SUI further lmbosom myself by STAT
that have not thought it lawful or
wise TO use Federal troops in such
matters rs have transpircd cast Of tho
mississippi within the last few months,
| save SO tar as they may be brought
into action under an article of the Con-
silintlon which contcmplatcs armed
resistance or invasion Of State more
powerful than the State authorities can
| snDdnc by ordinary processes, and
then only when requested by the Leg
| islaturc, Of ifit could not be convened
in session, by the Governor, and when
the President Of the United States in
tcrVcncs in that manner it is IL state of
war-not peace. Tie army is labor
ing under disadvantages, and has been
| used unaWfully ut times, in the iudg-
mcnt OF the people Gin mine certainly
and VIC have lost a great deal ofkindly
feeling which the community at large
once felt for us. 1t is time to stop and
unload. Officers in command Of
troops often find it difficult TO act wise
~ and safely when their supcriors in
authority have different views Of law
from theirs, and when legislation has
sanctioned the action seemingly in con-
llict with the fundamental law, and
they generally defer to tho known
Judgment Of their superior officers of
the army, who arc SO regard in such a
great crisis, and arc held to such rc-
sponSib'litv, especially those at or near
the head Of it, that it is necessary, on
such momcntous occasions, to dare to
determine for themselves what is law
f'll and what is not lawful, under our
SYSTEM, if the military authorities
should pc invokcd--as might possibly
be the case in such exceptional l'timcs--
when there existed such divergent
views rs to the correct result. The
army will suffer from its past action if
it has acted wrongtully. Our regular
army has little hold upon the affections
of the people Of to-day, and its supe-
rior officers should certainly, rs far as
lies in their power, legally and with
righteous intent aid to defend the
right, which, to us, is tho laws and the
institution which they represent. It is
| a