The Brookhaven ledger. (Brookhaven, Miss.) 1875-1883, 1880-08-19

the two bodies, there can be no law
| full affirmative decision that, tn
| people have elected a President, anC
then the houselmustthen proceed t.
act, not the Senate. fuNHi s8I
The Senate elects Viee-President'
not Presidents. Doubtless in cas'
of failure by the House to elect
President by the 4th of March, the
President OF the Senate (if there bt
one) would be the legitimate per
sons to exercise Presidential author
ity for the time being, or until the
appearance of a lawful President,
or for the time laid down IN the
Constitution. silG
Such courses would be peaceful,
and, / have firm belief, lawful.
have no doubt that Gov. Hayes
would make an excellent President.
/ ] have met him, and knew of him
for brief period; he served under
my command, but as the matter
stands, | can't see anv 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 a peaceful
determination of this mattGr-as
fair determination as possible, and
a lawful one. a -
No other determination could
stand the test. The country. if not
plunged into revolution, would be
come poorer day by day. Business
would langnish, and our bonds
would come home to find deprecia
ted market. .., ........
was not in favor of the military
action in South Carolina recently
and if Gen. Ruger had telegraphet
TO me, or asked for advice, couA1
have advised him not, under any
circumstances, to allow himself ol
his troops to determine who were
/ lawful members Of State Legisla
ture.
| could not have given him better
advice than to refer him to the spe
clal message Of the President in the
case of Louisiana some time before
but in South Carolina he had the
question settled by decision of the
supreme Court Of the State, the
highest tribunal which had actef
on the question, so that his line OF
duty seemed even to be clearer than
in the action in the Louisiana case
If the Federal Court had inter
ferred and over-ruled the. decision OF
the State Court, there might have
been doubt. certainly, but the Fed
eral Court only interfcred to com
plicate, not to decide to overrule
Anyhow, it is no business of the
army to enter upon such questions
even fit might be so in any event
If the civil authority is supreme, as
the constitution declares it to be
the South Carolina case was one il
which the army had a plain duty
Had General Ruger asked Inc fol
advice, and If I had gwen it,
should of course, have notified yol
of my action Immediately, so that !
could have been promptly overruled
if it should have been deemed ad
visable by you or Others superior IL
authority. General Ruger did no
ask for my advice and I inferred
from that and other facts, that h
did not desire it or, that being il
direct communication with my mil
itary superiors as the seat of goy
ernment, who were nearer to him il
time and distance than | was, HI
deemed it unnecessary. ,.......
AS Gen. kuger had the ultimat,
responsibility of the action, and hat
really the greater danger to confront
in the final action in the matter,
did not venture to embarrass hin
/ by suggestions.
He was a department commander
and the lawful head of the military
administration within the limits o
department., but besides | knew
that he had been called to Wash
ington for consultation before tax
ing command, and probably q part
of the views of the administration t.
the civil affairs in his command.
know that was in direct communi
cation with my superiors in autbori
ty in reference to the delicate sub
iects presented for his consideration
or had ideas of his own, which he
believed to be sufficiently in accord
with the views of common superi
ors, to enable him to act intelligent
", according to his judgement, and
withoutssuggestiohs from those not
on the spot. and not rs fully ac.
quainted with the facts as himself
He desired, too, to be free to act
as he had eventual responsibility
and 50 the matter was governed be
tween him and myself
s. As | have been writing thus free
4 ly. to you, | may further dunbosom
myself by stating that | have MOI
thought it lawful or wise to us,
troops in such matters as have trans
pired east of the Mississippi.
Within the last few months, saw,
so far as they may be brought int
action under the ARTICLE of the Con
stitution which contemplates meet
in armed resistance or invasion Of 6
State more powerful than the STATE
authorities can subdue by ordinary
processes, and then only when re-
/ quested by the Legislature, or if il
could not be convened in session, by
the Governor, and when the Presi
dent of the United States intervene:
lin that matter, it is q state of war
Inot peace. . t. l t8-
L The army is laboring indiscrimi-
nately, and has been used unlaw
fully, at. times in the Judgment O
the people lin mine nescertainE), ant
1--WE have lost great sdeal of kindly
iccilhS "h'Nn q 3eHSAi No'hth"ii''f :"
large once felt for as is,t4. If
1t is time to stop and unload
Officers in command of troops Otter
find it difficult to act wisely ano
safelys When superiors in authori
1 ty have, different views of. law from
theirs, and when Legislation ha:
sanctioned the action seemingly il
conflict with the fundamental Law
they generally defer to the know
| Judgment of their superior. ' =
4 The officers Of the army are so re
garded in such great crises, aud arr
held to such responsibility, especi-
\ ally those at or near the head of it
that it is necessary. .on-such momen
/ a. : \ L..