The Cambria freeman. [volume] (Ebensburg, Pa.) 1867-1938, 1880-08-13


to exercise Presidential authority for the time
being, or until the appearance Of a lawful
President, or for the time laid down in the
Constitution Such courses would be peace
full, and. have firm belief, lawful
/ have no doubt Governor Hayes would
make an excellent President ! have met
him and know of him. For a brief period
he served under my command, hut as the
matter stands l can't see any likelihood OF
his being declared elected BY the people un-
less the Senate and House come to be in ac-
cord as to that fact, and the House would Of
course, not otherwise elect him. What the
people want Is a peaceful determination Of
this matter, as fair determination as pOSsl-
BILE and a lawful one No other determine
tion could stand the test. The country. il
not plunged into revolution would become
poorer day by day; business would languish
and our bonds would come home 70 find
deprecated market
/ was not in favor Of the military action in
South Carolina recently. and III Gen. Ruppr
had telegraphed to me, or asked FOR advice,
would have advised him not under any cir
cumStanccS TO allow himself OF his troops to
determine who were the lawful members Of
a State Legislature. I could not have given
him better advice than TO refer him 70 the
special message Of the President in the case
OF Louisiana some time before. But in South
Ca-olina he had the question settled by de-
ciSiOn Of the Supreme Court of the State
the highest tribunal which had acted on the
questiOn-sO that his line Of duty seemed even
to he clearer than in the action Of the Isoui-
siana case. If the Federal Court had in
terfprcd and OVpTrulpd the decision of the
State Court there might have been a doubt
certainly, but the Federal Court only inter
fered TO cumplicate, not TO decide or overTule.
Anyhow, it Is no business of the army to
enter upon such questions and even ia il
might be so, in any event, If the civil author
Ity Is supreme, as the Constitution declares it
to be. the South Carolina case was one in
which the army had plain duty. Had Gen.
Ruger asked me for advice, and III had given
I / 4 FfnH z-frr Of
my action Immediately, so that il could have
been promptly oyerruled if il should have
been deemed advisable by YOU OF other supe-
. riOT in authority General Ruger did not ask
/ for my advice. and | inferred from that and
other facts that he did not desire il, OF that
I being in direct communication with nv mill
| taTy SuperiorS at the seat Of government
I who were nearer to him in time and distance
/ than ] waS-he deemed il unnecessary. As
General Ruger had the ultimate responsible
/ ity Of action and had really the greater dan
/ ger to confront in the final action in the mat
/ ter, did not venture to embarrasS him by
suggestions. He was n department COM
mandeT and the lawful head Of the military
administration within the limits Of the de-
partment but, besides, know that he had
] been called To Washington for consultation
before taking command. I knew that ne was
I in direct communication with my SJperiOrs in
I authority in reference 10 the delicate subjects
presented for his consideration, or had ideas
4 Of his own which he believed Ia be sufficient
I " In accord with the views Of our common
/ SuperiorS to enable him to act intelligently
according to his judgment and without sug-
; geStiOns from those not on the spot and not
. aS fully acquainted with the facts as himself
He desired. too to he free to act. as ne had
the greater eventual responsibility, and 50
I the matter was governed as between him and
myself.
As ] have been writing thus freely to YOU
/ ! may still further unto~om myself by stat
ing that / have not thought il lawful or wise
/ 10 use Federal troops IN such matters as have
/ tranSpired east of the Mississippi within the
! last lew months, save so FAR aS they may be
brought into action under the article of the
. Constitution which cOntcmplateS meeting
. armed resistance or invasion of n State more
. powerful than the State authorities can sub
. due by the ordinary processes and then only
when requested by the Legislature. OF If It
! could not be convened i'm session, by the Gov
crnor, and when the President of the United
States iuterveneS in that manner Il Is a state Of
war-not peace The army l. lahOring under
. disadvantages and has been used unlawfully
at times in the judgment Of the people (in
mine, certainly and we have lost a great
deal Of the kindly feeling which the cOmmun-
. ity at large once felt for us
1t Is time to stop and unload. Officers in
7 command Of troops often find II difficult TO
act wisely and safely when SuperiOrs I'm au-
. thority have different views of the law from
theirs and when legislation has sanctioned
. action seemingly in conflict with the funda-
. mental law. and they generally defer to the
. known judgment Of their SupCriurS. Yet
Altt blitt-l~ tii tllt
ed in such great crises and are held to such
responsibility, especially those at or near the
3 head of 10, that II II necessary ON such mo-
. mcntouS occasions to dare 10 determine for
. themselves what Is lawful and what Is not
+ lawful under our system If the military au-
thOritieS should be invoked. as might possibly
he the case in such exceptional times when
there existed such divergent views as 70 the
correct result, the army viii suffer from its
past action if il has acted wrongfuly- Our
regular army has little hold upon the affec-
tiOns of the people today, and its superior
officers should certainly. as far as lies I'm their
power, legally aud with righteous intent aim
To deI"'''.. - right, which to us is the Law
and the institution which they represent II
iS a wcll-meaning institution, and il would be
we'll if II should have an opportunity 10 he
recognized as a hulwark i'm support of the
rights Of the people and Of the law / an
truly yours,
WINFIELD :. HANCOCK
To General ". T SHERNAS, Commanding
Army Of the United States, Washington
ID. G.