Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1880-08-12
asked me for advice, and had given it, l

asked me for advice, and I had given it, l
should of course have notified you of my ac-
tion Immediately, so that it could have been
promptly over ruled if it should have been
deemed advisable by you or others superior
in authority. Gen. Ruger had not asked my
advice, and inferred from that and other
facts that be did not desire it, or that being
in direct communication with my military su-
periors at the seat of government who were
nearer to him in time and distance than was,
be deemed it unnecessary. AS Gen. .Ruger
had the responsibility 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
department commander, and the lawful head
of the military administration within the
limits of the department.. But besides knew
that he had been called TO Washington for
consultation before taking command, and was
probably aware of the views Of the admins.
tration as to affairs in his command. knew
that he was in direct communication with my
superiors in authority in reference to the deli
cate subjects presented for his consideration,
or had ideas of his own which he believed to
be sufficiently in accord with the views of our
common superiors to enable him to act intel
ligently, according to his judgment, and
without suggestions from those not on the
spot, and not as fully acquainted with the
facts as he himself. He desired, too, to be
free to act, as he had the eventual greater re-
sponsibility. And so the matter was govern
ed as between him and myself.
AS have been writing thus freely to you,
| may still further unbosom myself by stat
ing that / had not held it lawful or wise to
use Federal troops in such matters as have
transpired east Of the Mississippi within the
last few months, save so far as they may be
brought into action under the article of the
Constitution which contemplates meetina m.
ed resistance or invasion of State more
than the State authorities can subdue by or.
dinary processes, and then only when request
ed by the Legislature, or if it could not be
convened in session by the Governor. And
when the President Of the United States in.
tervenes in that manner it is state of war, not
peace.
The army is laboring under disadvantages,
and has been used unlawfully at times in the
judgment of the people Certainly in mine)
and we have have lost great deal of the
kindly feeling which the community at large,
felt for us. ut is time to stop and unload. r"
Officers in command of troops often find it
difficult to act wisely and safely when superb
ors in authority have different views of law
from theirs, and when legislation has sanction.
ed action seemingly in conflict with the fun.
damental law. and they generally defer to
the known judgment of their superior officers.
They are so regarded in such great crises,
and are held to such responsibility, especially
those at or near the head of it, that it is
necessary on such momentous occasions, to
dare to determine for themselves what is law
full and what is not lawful, under our system,
if the military authorities should be invoked,
as might possibly be the case in such excep.
tional times. Where there has existed such
divergent views 10 a correct rc'ult, the army
will suffer from its past action, if it has acted
wrongfully. Our regular army has little
hold upon the affections of the people of to.
day, and its superior officers should certainly,
as far as lies in their power, legally and with
righteous intent, aim to defend the right,
which to US is law and the institutions which
they represent. 1t is we'll meaning institu.
tion, and it would be we'll if it should have
an opportunity to be recognized as bulwark
in support of the rights Of the people aud of
the law. am, truly yours, -
WINFIELD s. HANCOCK.