The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1880-08-10

the people the House shall Immediately
elect the President and the Senate the
Vice-President. Some tribunal must
decide whether the people have duly
elected a President. l presume, Of
course, that it is in the joint affirmative
action OF the Senate and House, or why
are they present TO witness the count II
not to see that it is fair and just2 If a
failure to agree arises between the two
bodies there can be no lawful affirma
tive decision that the people have elec-
ted a President, and the House must
then proceed tr act, not the Senate The
Senate elects vlce-Presidents, not Presi-
dents. Doubtless in case of failure
by the House to elect President by the
4lh of March, the President of the Sen.
ate (if there be one) would be the legi.
innate person to exercise Presidential
authority for the time being or until the
appearance OF lawful President, or for
the time laid down in the Consultation
Such courses would be peaceful and, !
have firm belief, lawful.
have no doubt G Dvernor HAYES
would make an excellent President.
have met him and know of him. For q
brief period he served under nv
command, but as the matter stands
cant see any likelihood of his being
duly declared elected by the people un-
less the Senate and House come to he
in accord as to that fact and the House
would OF course not otherwise elect him
What the people want is a peaceful de-
termination OF this matter, as fair de-
Termination as possible, and lawful
Eone No other Administration could
stand the test. The country il not plum
ged into revolution would become poor
her day by day, business would languish,
fand our bonds would come home to End
8 deprecated market
l was not in favor of the military &C.
ton in South Carolina recently. and if
General Ruger had telegraphed to me or
asked for advice would have advised
him not under any circumstances to al
low himself or his troops to determine
who were the lawful members of State
Legislature. | could not have given
him better advise than to refer him to
the special message of the President in
the case of Louisiana some time before
| But in South Carolina he had had the
question settled by q decision Of the
Supreme Court of the State-the highest
tribunal which had acted on the ques.
tion-so that his line Of duty seemed
even to be clearer than the action in the
Louisiana case. II the Federal cour
bad interfered and overruled the deci
sion OF the State court there might have
been doubt certainly, but the Fedora
, court only interfered to complicate-no
J to decide or overrule
Anyhow it is no business Of the arm,
! to enter upon such questions, and ever
8 liz it might be so in any event, il the civ
IL authority is supreme, as the Constitu
, ton declares it to be, the South Carroll
ma case was one in which the army hat
q plain duty.
r Had General Ruger asked me for ad
vice, and il had given it, l should o
! course have notified you of my actiol
Immediately, so that it could have bee
promptly overruled il 1t should hav
|, been deemed advisable by you or othe
!. superior in authority. General Ruge
!. did not ask for my advice, and inferre
from that and other facts that he did ro
desire it, or that, being In direct CON
e munication with my military superior
. at the seat of Government. who wer
q nearer TO him in time and distance tina
n I was-he deemed it unnecessary. A
4 General Ruger had the ultimate respou
Il sibility OF action and had really tt
Il greater danger to confront in the fin,
4 action in the matter, ] did not ventuI
!. to embsrrass him by suggestions. q
Il was department commander and ii
lawful head e ihS tpsasy III sas uspsTs%s efTsRss5
r but besides, I knew that be had bee
e. called to Washington for consultatio
-e before taking command and was prob'
bly, aware of the views of the Admins
= tration as to civil affairs in his comman,
= :; | knew that he was in direct commun
\ cation with my superiors in authority
; J reference to the delicate subjects presel
ted for his consideration, OF had ide,
! Of his own which he believed to be sufl
= ciently in accord with the views Ut OF
:, common superiors to enable him to a,
!, |, intelligently according to his judgmel
:, and without suggestions from those NJ
I, on the spot and not as fully acquaints
!. with the facts as himself. He desires
: too, to be free to act, as he had th
!, !, eventual greater responsibility, and {
; the matter was governed as between hi
:. and myself.
III AS l have been writing thus freely
4 you, may still further unbosom myse
= by stating that l have not thought
= lawful or wise to use Federal troops
# such matters as have transpired east
r. the Mississippi within the last fe
n months, save so far as they may
a brought into action under the article
a the Constitution which contemplate
=. meeting armed resistance or invasion
10 State more powerful than the Sta
% authorities can subdue by the ordinal
e1 S processes, and then only when requests
,e by the Legislature, or, if it could not
q convened in season, by the Governor
il and when the President of the Unite
q States intervenes in that manner it is
N state of war, not peace.
n. The army is laboring under disadva
a tages and has been used uplawfully
lie times In the judgment OF the people {
te mine certainly, and we have lost gre
It deal of.he kindly feeling which the cor
he munity at large once felt for US. at
Z time to stop aud unload"
=. Officers in command OF troops oft,
Al find it difficult to act wisely and safe
a when superiors in authority have diffe
r. ent views Of the law from theirs, al