The Carbon advocate. [volume] (Lehighton, Pa.) 1872-1924, 1880-08-07

Court only inierferred to complicate-not to
decide or overrule.
Anyhow it is no business Of the army to
enter upon such questions, and even if il
might be 80 in any event. il the civil autho-
rity is supreme, as the Constitution declares
1t to be, the South Carolina case is one in
which the army had plain duty.
Had General Ruger asked me for advice,
and If had given it'll should Of cour;e have
notified you of my action Immediately, SO
that IL could have been promptly overruled
If it should have been doomed advisable by
you or other superior in authority. General
Ruger did not ask for my advise, and in
ferred from that and other facts that he did
not desire it, or that, being in direct COM
munication with my military superiors at
the seat of government, who were nearer to
him in time and distance than l was-he
deemed it unnecessary. As General Ruger
had the ultimate responsibility Of action and
had really the greater danger to confront in
the final action in the matter, l did not
venture to embarrass him by suggestions.
He was a 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 administration as to civil affairs
in his command. l know that he was in
direct communication with my superiors in
authority in reference to the delicate sub
jects presented for his consideration, or had
ideas of his own which he believed to be suf-
fcently in accord with the views of our
common superiors 10 enable him to act in
telligently according TO his judgment, and
without suggestions from those not on the
spot and not as fully acquainted with the
facts as himself. He desired, too, to be free
to ct, as he had the eventual greater re-
sponsibility,and 80 the matter was governed
as between him and myself.
AS have been writing thus freely to you
may still further unbosom myself by stat
ing that have not thought it lawful or wise
to use Federal troops in such matters as
have transpired east of the Mississippi with
in the last few months save so far as they
may be brought iuto action under the ar
ticle of the Constitution which contemplates
meeting armed resistance, or invasion of a
State, more powerful than the State author
tiles can subdue by the ordinary processes
and then only when requested by the Leg
islature, or, if it could not be couyened in
session, by the Governor, and when the
President of the United States intervenes in
that matter it is state of war, not peace.
THE ARMY SUFFERING.
The army is laboring under disadvantages,
and has been used unlawfully at times in the
judgment of the people lin mine certainly,
and we have lost great deal of the kindly
feeling which the community at large once
felt for us. at is time to stop and unload"
officers in command of troops often find
it difficult TO act wisely and safely when
superiors in authority have different views
of the law from theirs, and when jurisdic-
ton has sanctioned action seemingly in con-
fict with the fundamental law, aud they
generally defer to the known judgment o
their superiors. Yet the superior officers o.
the army 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 oc
casions to dare to determine for themselves
what is lawful and what is not lawful under
our system, if the military authorities should
be invoked, as might possibly he the case il
such exceptional times when there exis
such divergent views as to the correct result
The army will suffer from its past action i
it has acted wrongfully. Our regular army
has little hold upon the affections of the
people Of to day, and its superior Officer
should certainly ,as far as lies in their power
legally and with righteous intent aim to de
fend the right, which to us is the law anC
the institution which they represent. 1t i
q well-meaning institution, and it would b.
well if it should have an opportunity to b
recognized as a bulwark in support of tn
f rights of the people and of the law.
am, truly yours,
WINFIELD S. HANCOCK.
> To General W. T. Sherman, Commandin
q Army of the United States, Washington
, D. C.