The Manitowoc pilot. [volume] (Manitowoc, Wis.) 1859-1932, 1880-08-12

ed a President. I 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 if not to
see that It is fair and just. If failure
to agree arises between the two, there
can be no lawful affirmative decision
that the people have electe ] President,
and the House proceeds to act, not the
Senate. The Senate elects Vice Presi-
dents, not Presidents. Doubtless in case
OF failure by the House to elect a Presi-
dent by the 4th of March, the President
Of the Senate (if there be one) would be
the appropriate person to exercise Presi-
Dental authority for the time being, or
until the appearance Of lawful Presi-
dent, or for the time laid down in the
Constitution. Such courses would be
peaceful, and l have firm belief lawful.
I have no doubt Gov. Hayes would make
an excellent President. l have met him
and know of him. For q brief period he
served under my command. but as the
matter stands L can't see any 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 matter, as
fair determination as possible, and
lawful one. No other determination
could stand the test. The country, if
not plunged into revolution, would be-
come poorer day by day; business would
languish and our bonds would come home
to find a deprecated market. was not
III favor of the military action in South
Carolina recently, and if Gen. Ruger had
telegraphed to me, or asked for advice, I
would have advised him not, under any
circumstances, tn allow himself or his
troops to determine who were the lawful
members Of a State Legislature. 1 could
not have given him better advice than to
refer him TO tho special message Of the
President in the case of Louisiana some
time before. But in South Carolina he
had had the question settled by deci-
sion of the Supreme Court of the State,
the highest tribunal which acted 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 interfered and over
ruled the decision of the State Court,
there might have been n doubt certainly,
but the Federal Court only interfered
to compIicate, not to decide or o7errule.
anyhow, it is no business of the army to
enter upon such questions, and, even if
it 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 in which the army had a plain
duty. Had Gen. Ruger asked me for ad-
vice, and if had given it, 1 should OF
course have notified you of my action i'm
mediately, so that it could have been
promptly overruled if it should have
been deemed advisable by you or other
superior in authority. Gen. Ruger did
not ask for my advice, and I inferred
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 / 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 mat
ter, | did not venture to embarrass him
by suggestions. He was department
commander, and the lawful head oEthe
militar. administration within the limits
of the department; bat, 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. I knew that he was in
direct communication with my superiors
IN authority in reference to the delicate
subjects presented for his consideration,
or had ideas of his own which he believ-
ed to be sufficiently in accord with the
views of oUr common superiors to enable
him to act intelligently, according to his
judgment, and without suggestions from
those not on the spot and not as fully ac-
quainted with the facts as himself. He
desired, too, to be free to act, as he had
the eventual greater responsibility, and
so the matter was governed as between
him and myself.
As l have been writing thus freely to
you, may still further unbosom myself
by stating that have not thought it law
full 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 tue Constitu-
ton which contemplates meeting armed
resistance, or invasion Of State, more
powerful than the State authorities can
subdue by the ordinary processes, and
then only when requested by the Legis-
lature, or, if it could not be convened in
session, by the Governor; and when the
President of the United States intervenes
in that manner it is o state OF war, not
peace.
The army is laboring under disadvant-
ages, and has been used unlawfully at
times in the judgment Of the people in
mine, certainly, and we have lost great
deal of the kindly feeling which the com
munity at large once felt for Ms. ''It 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 legislation has
sanctioned action seemingly in conflict