The daily gazette., 1880-08-02

Capital is in my jurisdiction also, but
am Subordinate, and not ON the spot,
and if | were, 30 also would be my
superior in authority, for there is the
station of the Com m.nanderi-n-C Chief.
WHO is TO DECIDE.
On the principle that regularly elec-
ted Presidents term of Office expires
With the Sd of March (of which l have
not the slightest doubt), and which the
laws bearing on the subject uniformly
r. cognize, and in consideration Of the
? ssibility that the lawfully elected
President may not appear until the 5th
Of March, great deal of responsibility
may necessarily fall upon you. You
hold over! You will have power and
prestige TO support you. The Secretary
OF War, too, probably holds over; but
If If President appears he may not be
able to exercise funci ions in the name
Of President, for his proper acts are
those or known superior-a lawful
President. You act Oh your own re-
sponsibility and by virtue ofa commission,
only restricted by the law. The Secretary
OF War is the mouthpice of President.
You are not. If neither candidate has
a constitutional majority of the Eec-
toral Cole ,e, or the Senate and House
on the OCCASION of the count do not
unite in declaring some person legally
elected by the people, there is lawful
machinery already provided to meet
that contingency and decide the question
peacefully. 1t has not been recently
used, HO occasion presenting itself, but
our forefathers provided it. 1t has been
exercised and has been recognized and
suOmilted to as lawful on every hand.
That machinery would probably elect
Mr.. Tilden Pr, sident and Mr.. Wheeler
Vice President. That would be right
enough, for the law provides that in a
failure to elect duly by the people the
House shall Immediately elect the Pres
ident and the Senate the Y ce President.
Some tribunal must decide whether the
people have duly elected President.
| presume, of course, that it is the joint
affirmative action of the Senate and
House, or why are they present to wit
hess the count if not to see that it lie
fair and just? If failure to agree arises
between the two bodies there can be no
lawful affirmative decision that the
people have elected a President, and
the House must th, n proceed to act, not
The Senate. The Senate elects Vice
Presidents, not presidents. Doubtless
in case of failure by the
House to elect President by the 4th OF
March, The President of the s, nate Gf
there be one) would be the legitimate
persons to exercise Presidential author-
ty for the time being or until the ap
pearance of a lawful President, or fol
The time laid down in the Consitution.
Such courses would be peaceful, and,
have firm belief, lawful.
| have no doubt Governor Hayes
would make an excellent President. ]
have met him and know him. For a
brief period he served under my com.
nand, but as the matter stands l cam;
see any likelihood of his being duly de-
clared elected by the people unless the
Donabo and nouoc como to be in accord
rs to that fact, and the House would, of
course; DOT otherwise elect him. What
The people want is peaceful determine
ion of this matter, as fair determine
ton as possible and lawful one. No
Jther determination could stand the test.
The country, if not plunged into revo-
luton, would become poorer day b.,
lay, business would languish and oaI
preciated market.
TROOPS OUT OF PLACE.
was not in favor OF the military ac-
lion in South Carolina recently, and il
General Ruger had telegraphed to me OF
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 a
State Legislature. l could not have
given him better advice than to refer him
to the special message of the President
in the case of Louisiana some time be-
fore.
But in South Carolina he had had the
question settled by decision of the Su-
preme 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. If the federal court had
intertered and overruled the decision OF
the State court there might have been
doubt certainly, but the federal court
only interferred to complicate-not to
decide or overrule.
Anyhow it is no business of the army
to enter upon such questions, and even
civil authority is supreme, as the consti
tuition declares it to be, the South Caro-
lima case was one in which the army had
plain duty.
Had General Ruger asked me for ad
vice, and if had given it, should OF
course have notified you of my action
Immediately, so that it could have been
promptly overruled if it should have
been deemed advisable by you or Other
superior in authority. General Rug-r
did not ask for my advice, and inferred
from that and other facts that he did moi
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 respon-
sibility 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 department commander and the
lawful head of the military administra-
tiOn within the limits of the department;
but besides, knew that he had been
called to Washington for consultation
before taking command, and was proba-
bly, aware of the views of the admins
tration as to civil affairs in his command;
1 knew that he was in direct communi-
cation with nay superiors in authority in
reference to the delicate subjects present
ed for his consideration, or had ideas of
his own which he believed to be suffi-
ciently in accord with the views of our