Shenandoah herald. [volume] (Woodstock, Va.) 1865-1974, 1880-08-11

Vice President. Some tribunal must
decide whether the people haye duly
elected President, l presume, oi
course, that it is in the joint aflirma-
tive action OF the Senate and the House
or why are they present to witness the
count If not TO see that it is fair and
lust. If failure to agree arises be-
tween tho two bodies there can be no
lawful affirmative decision that the
neople hayo elected a President, and
the House must then proceed to act,
not tho Senate. The Senate elects
Vice. Presidents, not Presidents
Doubtless in case OF q failure by the
House to elect President by the 4th Of
March the President of the Senate Gf
there be one) would be the legitimate
person to exercise presidential authority
for the time being or until the appear
ance of lawful President, or for the
time laid down IN the constltution.-
Such courses would be peaceful, and,
! have firm belief, lawful. 1 have no
doubt Gov. Hayes would make an ex-
ccllent President. have met him and
know of him. For a brief period he
served under my command, but as the
matter stands l can't sec any likellhoo q
of his being duly declared elected by the
people unless the Senate and Hous
come to be IN accord as to that fact, land
the House would OF course not other
wise elect him.
what the people want Is a peaceful
determination Of this matter, as fair o
determination as possible, and q lawful
one. No other determination could
stand the tcst. The country, if not
plunged into revolution, would become
poorer day by day, business would
llangnish and our bonds would come
homo to nuda deprecated market. l
was not in favor Of the military action
lin South Carolina recently, and if Gen.
Rurer had telcgraphod to me or asked
| for advice I would have advised him
not under any circumstances to allow
hjmsolfor his troops to determine who
wcra the lawful members Of Slate
! LEGISLATURE. 1 could not have gwen
him better advice than to refer him to
| the special message Of tho President in
the case Of Louisiana some time before.
But in South Carolina lie had the ques-
ton settled by a decision Of the Suprem e
Court of the State, the highest tribunal
which had acted on the question, 20
that his line Of duty seemed even to be
clearer than in the action in the Loulsi-
ana case. If the federal court had in
torfercd and overruled the decision of
the State court there might have been
doubt certainly, but the federal court
, only intertercd 10 compi'ca'c' Ho' ~
decide or overrule.
) sAnyhow it's no business OF the army
to enter upon such questions, and even
If If might be so in any event, if the
: civil authority is supreme, as the con-
stitution declares it to be, the South
Carolina case WAS one in which the
| army had a plain duty. Had Gen.
Ruger asked me for advice, and i'll had
given it, 1 should of course have notl-
fed YOU of my sctlon Immediately, sc
that it could have been promptly over
ruled if it should have been deemed adj
yisable by you or other superlors In au'
thority. Gen. Ruger did not ask tol
my advice, aud l inferred from that and
other facts that he did not desire It,, ol
that. being in direct communication
with my military suporiors at the scat
Of government, who were nearer to him
& in time aud distance than was, he
] deemed it unnecessary. As Gen, Rug
or had the ultimate responsibility o
, action and had really the greater dan
! cor to confront in the final action IN the
{ matter, did not venture to embarrasS
. him with suggestions. He was a de-
r partment commander, ande the lawlu
head of tho military administration
: within the limits OF the department; Du
, hesides I knew that he had been called
, to Washington for consultation before
taking command, and was probably
aware Of the views Of the admlnlstra'
q tion rs to the civil affairs n his com
tmand. knew that he was in direct
communication with my suporiorS IN
authority In reference 10 the dellca'c
= subjects presented for his consideration
/ or had IDEAS of his own which he be
, llievcd to be sufficiently IN accord with
q the views of our common superlors, to
D enable him 10 act lntelligently accord
ing to his judgement, and without sug
cestions from those not on the spot'an'
b. not as fully acquainted with the facts as
himself. He desired, too, to be FREQ tC
II to act, as he had the eventual greater
} responsibility, and so the matter wa
= governed as between him and myseii
|. AS haye been writing thus freely U
G YOU, may still further unbosom my
= self by stating that l have not though
Il it lawful Or wise to use federal troops II
/ such matters as have transpired cas-
d of the Mississippi within the last ie'
Y months-save so far as they may D
It brought into action under the article
"a the constitution which contemplate
e meeting armed resistance or invasion
p "a State more powerful than the oIal
n authorities can subdue By the ordlnar
;. processes, and then only when request
: ed by the Legislature, or, if it could no
/. oorvened In session, by the GoVerI