National Republican. (Washington City (D.C.)) 1872-1888, 1880-08-02

have advised him not, undor any cirCum-
stances, 10 allow himself or his troops to de-
termino who were tho lawful members OF a
state legislature. / could not havc given him
hotter advice than to refer him to tho special
message Of tho president in the case of Louisi.
ana somo time before. But IN South Carolina
he had the question settled by decision 81
tho supreme court Of tho stute-thc highest
tribunal which had acted on the question SO
that his limo Of duty seemed even TO be clearer
than In tho action In the Louisiana case. II
tho federal court had interfcred aud over
ruled the decision of the state court, there
might have been n doubt certainly, but the
federal court only inorfcrcd to complicatc
not to decide or override.
Anyhow, II 10 no business the army TO Ell
tor upon such questions, aud oven if IL might
no So in any event, the civil authority is
supreme, as the constitution declares IL To be-
the South Carolina case was one in which the
army had plain duty. Had Geuoral Rugcl
asked mo FOR advice, and l had givon IL,
should, Of course, have notified you of my &C.
tion Immediately so that il could havo been
promptly ovorruled If IL should have
been deemed advisable by you or other supor
Tor in authority. General Rnger did not ask
for my advice, and l inferred from that aud
other facts that ho did not desire IT., or that,
being in direct communication with my mill.
were nearer to him in time and distance than
| was, ho deemed 1t Unnecessary AS Gen
oral Rugor had the ultimate responsibility OF
action, and had really the greater danger tO
confront, IN the fnaf action in tho matter
did not venture to ombarrass him by sug.
gestions. Ho was department. commauder
and the lawful head of that military admin.
istration within the limits of tho department.
but, besides, knew that he had been called
Al Wa OH f,r kar I.lr
command, and was probably aware of viows
of tho administration 10 the civil affairs in
his command. l know that lie was in direct
communication with my supcriors IN author.
ty in reference to tho delicate subjects pre-
sentod for his consideration, or had dcas oc his
own which he believed TO bo sufficiently in
accord with the views of our common Superiors
to enable him to act intclligcntly according TO
his judgment and without suggestions from
tnoso not on the spot and not rs fully
acquainted with tho facts as himself He
desired, too, to bo FREQ to act, o5 he had
the eventual greater responsibility and so the
matter was governed as betwotn him aud
myself AS | have been writing thus freely
to you | may still further unbosom myself
by stating that havo not Thought it lawful
or wise to use federal troops in such matters
a5 have transprcd east of tho Mississippi
within the last few months, save so far as tn y
DO Drought lutO btblOu uuuoT Inc article
of tho constitution which Contempla' 'es meet
ing armed resistance or invasion OF slate
more powerful than the state authorities can
Subdue by the ordinary processes and then
only when requested by the legislature, or II
it could not be convened in session, by the gov.
ernor and when tho president of tho United
States intervenes in that mannor it is state
of war, not peace. The army is laboring under
Disadvantages, aud has been used unlawfully
at times in the judgment OF the people Gin
mine certainly, and we have lost great
deal of tho kindly feeling which the
community at large onco felt for us. "II
ID timo 10 stop and unload" Officers in com.
mand of troops often find it difficult to act
wisely and safely when superiors in authority
have different views OF the law from theirs
and whom legislation has sanctioned action
seemingly in conflict with the Fundamental
law, and they generally defer to the known
Judgment of their superiors. Yet as tho
superior officers of tho army arc so regarded
in such great crisis and are held to such To
sponsibility especially th0s5 1t " near the
bead of It, that ii is necessary on such mo
mcntous occasions to dare to determine for
themselves what Is lawful and what Is moi
lawful under our system ii the military
authorities should be invoked, as might
possibly be tho case in such excoptonn
times, when there existed such divergent voH!
as to tho correct result. Tho army will sulfcl
from its past action II IL has acted wrong
fully. Our regular army has little hold upon
the affections of the pOoplo OF to-day, and is
superior officers should certainly, as car as lies
in their power legally, aud with righteous in
tent, aim to defend tho right which to us il
the law and the institution which they rep.
resent. 1t is u well.meaning institution, and
it would be well il it should have an oppor
tunity to be recognized us bulwark in sup.
port of tho rights of the people and of tht
law. am, truly, yours,
WINFIELD s. HANCOCK.