The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1880-08-04
The Army and the Law.
HANCOCK'S VIEW OF DUTY IN THE
HAYES .TILDEN CONTEST.

Inc Army ODcyS Illu.. ne OHilW'
full use Of the Army in South Caro-.
lima - A President Cannot HOLD
Over =. In a Disputed Pres'dcntlnI
Succession, it may be Necessary TO
an Army Commander TO Decide fol
Himself who is President.
NEW YORK, July 81. Much talk having
been made over u letter written by Gen. Han
cock to Gen. Sherman III December, 1876, When
the whole country was cOnvulsed by the riva.
claims of Hayes and Tildrn to the Presidcn
cy, Gen. Hancock wrote 10 Gen. Sherman
aud asked that the letter be given him fol
publication. Gen. sherman was absent al
the time on II trip to the West, but as suon ;s
he returned he sent Il certified copy to Gen
Hancock, who furnished IT to the Associated
Plcss. This letter was written in reply t
two letters on the situation received from
Gen. Sherman:
CAHOSDELEr P~oSToFFIcE. ST. LOUIS,
December y, lS76.
MY DEAR GESEEAL: -FOUR favor of the 4tf
instant reached me in New York on the 9Th
the day before LETT for the West. | intended
To reply to 1t before leaving, but the cares In
cidcnt to departure interiered. Then again
since my arrival here, l have been so occupied
with personal affairs OF n business nature
thatI nave deferred writing from day to day
until this moment, and now l find myself IN
debt to you another letter I'm acknowledgment
OF your favor of the 18th, received IL few day.
| SlICc. i HhNSS " cave llSlCO l LII
18th tomorrow EVENING" so that / may be ex
prctcd In New York Oh the 3lst inst.
1t has been cold ana urcary since my arri
val here. l have worked like n Turk" I pre-
sumo that means hard work I'm the country
in making fences, cutting down trees, repair
Ing buildings, &c, &c, and am at leust able tC
say that 81. Louis Is the coolest place In win.
ter. rs il Is the hottest in summer. of any thnl
I have encountered In Il temperate zone.
have known st. Louis In December to have
genial weather throughout the month. This
December has been frigid and the river ha.
been frozen more solid than l have evel
known 1t.
When l heard the rumor that I was ordered
to the Pacific coast l thought itprobably true
Considering the past discussion on that sub
ject possibilities seemed to me to point that
way. Had it been true | should OF course
have presented no complaint nor made resist.
ancc Of any kind. | would have gone quick
~ II not prepared to go promptly. / certain
Y would have been relieved from the respOn.
sibility n anxieties concerning Presidential
matters which may fall to those near thu
throne or III authority within the next foul
months, rs well as from other Incidents oi
concerning which l might not approve. !
was not exactly prepared to go to the Pacific
however, M | therefore felt relieved when
received q note informing me that there
was M truth in the runners. Then l did moi
wish to appear To be escaping from RESPONSE.
Utilities ana possible dangers which may clus.
ter around military commanders in the East,
| eSpccluIlN Ill llC ICllO IlSp ilDDIOuCll
Ing. Ais well thai ends well.
The whole matter OF the Presidency seems
to me to be simple and 10 admit OF II peaceful
solution. The machinery for such Il cOntin.
all carefully prepared. Itonly requires lubri-
cation owing 10 uiSuSc. The army ShOuld haze
nothingto OO ,Iith the election on Inauguration o.
Presidents. The people elect the President
Congress declares In joint session who he Is
we OF the army have only to obey his man.
dates, and are protected In so doing OaLy so. fan
as they mry DC knuJuL. Our commissions OK.
press that. l Ike
JEFFERSOH'S WAY OF INAUGURATION.
It suits our system. lie rode alone OH horse.
back 10 the capitol, Il fear 1t was the "oid cap
itol,' y tied his horse to the rail fence; entered
and was duly sworn; then rode to The exccu.
tive mansion and took possession. lie inau-
gura,cd himself simply by taking the oath OF
In Il system. The people or politicians
may institute paraicS in honor of the event
and public officials may add to the pageant by
assembling troops and banners. but all that
before, and IT. is not a part OF IT.. Our system
does not provide thai one President slIould
inaugula:e another. There might be danger
in that, and 1t WAS Studiously left out OF Tho
charter.
But you are placed in M exceptionally i'm,
portnnt position in connection with coming
vents. The Capital is in my jurisdiction al
so, tut l am subo, dinnte and not on the spot
| lIlu IL i Nlt N' 't"V 'Nll w llN L W III
authority, for there Is the station of the gen.
crel-in-rhicf. On The principal tlEtLa rcgula"
~ elected Presidents term OF office expires
With the 81 of Murch, (uf which | have not tho
slightest Doubt and which tie laws bearing
on the subject uniformly recognize, and III
consideration Of the possibility that the law
fully elected President may not appclr un.ii
the 9Th Of March and a great deal OF RESPONSE
over. You will have power and prestige tt
support YOU. The secretary OF war, too, prob
ably holds over, but II no President appear:
ho NAV not be nb!c to exercise functions In
the nninc of the President, for his proper act,
are those OF Il known superior. IL lawful Fresi
dent. You net on your, own responsibility
and by virtue Of = commission only restricted
by the aw. The secretary Of war is tint
niuuihplccc of Il President. You urc not.
II neither candidate has n constitutions
majority Of In" Electoral College. or the Sen
ate and House, on the Ocra-ion IF tlir count
do not uni!r in declaring some person lc.all,
elected by the people,
THERE Is A AWFUL MACHINERY
already provided 10 meet that coniingenc,
and decide thcqurstion peacefully. 1t hns no
hcen recently nSrd, no occasion presenting ii
self, but our i0rc;atlcrS provided It. II la
been exercised and has been recognized an
submitted to rs lawful on every hand. Tia
machinery wC'.lu probably elect Mr.. TfldcI
President and Mr.. Wheeler Nicc-pl cSidcrt
Tint would DC right enough, for The law pro
vidcS that In the failure to elect duly by The
people the House shall Immediately elect tn,
President and the Senate the Nicc-Prcsident
Some tribunal must decide whether the peo
pie have duly electcda President. / presume
of course, that 1t Is the Iointatllrmativc actiGl
of the Senate and House, or why are they
present to witness the count If not to Sre tina
tits fair and inst? II Il failure to agree :,r,St
between two bodies there can he no lawful al
drJnatirc decision that the people have elected
a President. and the House must then proceed
TO act, ..ot the Senate The Senate elects Vice
Presidents, not Presidents. doubtless In caS,
of failure by the House 10 elect Il President by
the 18th of March, the President Of the Senate
liz there be- o,rc) would he the legitimate per
son to eXercise presidential authority for the
time being. or until the appearance of Il law
ful President, or for the time laid down I'm the
Constitution. Such courses would be peace
full, and | have Il firm belief lawful.
Ihave no doubt that
HAYES WOULD MAKE AN EXCEL
LENT PRESIDENT.
nave met him and know of him. For q bric
period he served under my command /; but al
Inc matter stands | can't see any IlkclihOOt
Of his being duly declared elected by the poo
pie, unless the Senate and House como to lt
In accord as To that fact, and the House wOuit
of course not otherwise elect him. What tht
peoplc want is a peaceful determination o
this matter. as fair n determination as posi-
bic, and Il lawful one. No other determine
ton could stand the test. The country, If no
plunged into revolution, would become roorel
day by day, business would laliguiSh, and GU
ponds would come hOlnc to find Il Deprecated
market. / uuS not IN y(ur0r NJ The
MILITARY ACTION IN SOUTH CAROLINA
rccentY. and II Gen. Ruycr hal teicgraphcd (
me or asked for adrice, l vOuid haze ddcisctt hin
not, 1t7rler any circumstances to OhOW himself OF
his troops TO determine WhO Werr the tu1CJuL mem
Gc1s Of a Safc Legislature. 1 could not hay,
given him better advice than TO refer him Il
the special message OF the President In TIL
case of Louisiana some time before. But II
South Carolina he had the question settled b,
q decision Of the Supreme Court of the state
the highest tribunal which had uctcd on tn,
question, so that mis- line OF duty seemed ever
TO be clearer than In action in the Louisiana
case. If the Federal Court had interiercd ant
ovcrruled the decision Of the State Court tier,
might have been Il doubt certainly, but tin
Federal Court only intericrcd to complic:stc
not to decide or override. Anyhow 1t j. M
business of the army to enter upon such
question, and even If 1t might be SO In an,
event, if the civil authority is supreme, as tn
Constitution declares 1t to be, the South Caro-
lima case was one In which the army had
plain duty. Had Gen. Kruger askc me for ad
vice, and If I had given 1t, should of cours
have notified you Of my action Immediately
so that 1t could have been promptly overrulrt
If it should have been deemed ad visablc b,
YOU or other superior In authority.
Gen. Rugcr did not ask for my advice, AM
I Inferred from that and other facts that ID
did not desire 1t, or that being in direct com
munication with my military superlurs ut til
seat of government, who were nearer to hin
In time and distance than l was, he deemed !
unnecessary. AS Gen. Ruger had the ult1
mate responsibility of action, and had rcall,
the greater danger To confront In the final nc
ton in the matter. i did not venture to EN-
bnrrass him by suggestions. He was q dc
pnrtmcnt commanders and the lawful head c
the military administration within the limit
of the department. But, besides, / knew tina
he had been called TO Washington for consu
tation before taking command, and was prob
ably aware OF the views OF the administra
tIon as to the civil affairs In his command
knew that he was IN direct communicate
with my supcriors In authority In reference t
= , a trocnntn nj fnr htS nnnsi1nrp