Delaware state journal. [volume] (Wilmington, Del.) 1870-1883, 1880-08-05

sponsibility 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 mill
tary 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 / knew that
he was in direct communication with my
superors in authority in reference to the
delicate subjects presented for his considers
ton, 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 intolligently according to his judgment
and without suggestions from those not on
the spot, and not az fully acquainted with the
facts as himself. He desired, too, to be free
to act, as he had the eventual greater respon-
sibility, and 30 the matter was governed al
between him and myself.
As have thus freely been writing to you,
may still further unbosom myself by stating
that have not thought il lawful or wise to
use Federal troops in such matters as Lave
transpired east of the Mississippi within the
last few months, save no far as they may be
brought into action under the article of the
Constitution which contemplates meeting
armed resistance or invasion of a state more
powerful than the State authorities can sub
due by the ordinary processes, and then only
when requested by the Legislature, or, il it
could not be convened in season, by the
Governor and when the President Of the
United States intervenes in that matter IL in
state OF war, not peace.
The army is laboring under disadvantages
and has been used unlawfully at times in the
Judgment of the people Gin mine certainly,
and we have lost great deal OF the kindly
feeling which the community at large once
idlt Tor us. 1T Is time to stop and unload"
Officers in command of troops often find it
difficult to act wisely and safely when supe-
riOrs in authority have different views of the
law from theirs, and when legislation has
sanctioned action seemingly in conflict with
the fundamental law, and they generally de-
Ter to the known judgment of their superiors.
Yet the superior officers of the army are 80
regarded i'll 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
IL lawful and what is not lawful
under our system, IL the military authorities
should be invoked, as might possibly be the
case in such exceptional times when there
existed such divergent views as to the correct
result The army will suffer from ita past
action if il has acted wrongfully. Our regr-
lar army has little hold upon the affections of
tne peopio oi To-Day, ana lts superior ofcerB
should certainly, az far as lies in their power
legally and with righteous intent aim to de-
iend the right, which to us is THE LAW, and
the institutions which they represent. 1t is a
well-meaning institution, and it would be well
If it should have an opportunity to be recog-
nized as bulwark in support of the rights
OF the people and of THE LAW.
am truly yours
WINFIELD s. HANCOCK.
lrpnnrnl Nv ,,t,,a, dino
Army of the United States, Washington,
ID. G.