The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1880-08-03

have hso, a doubt certainly; but the fede.
raj Court only interiefeu " Sop
sn.,ou &, e no business OF the army 10
,,,erss r anon such questions, and even u
4, n,,oht no az IN any event, II the civil au-
,hnr;sv Il sunreme, Us the Constitution de-
o,,ras :, % he the South Carolina case was
ona IN which the army had plain duty.
Had General Ringer asked me Tor advice'
and ~ I had given IL, | should OF course
bav. not,ded YOU OF my action immediate'y'
90 that Il could have been promptly over
rnIed II II should have been deemed au-
xisoh,o bv Won or others superior 10 autbo-
rity. General Ruger did not ask ior my
advice. and inferred from that aud otner
facts that he did not desire II, OF tnat Deing
i'm direct communication with
NY MILITARY sUPERlORs
a., tho seo, ~ government, who were nearer
m him In time and distance than L was, he
deemed itAunnecessary. As General Kruger
had The ultimate responsibility OF action,
and had really the greater danger to con-
froni in the final action in the matter, did
NOT venture 10 embarrass him by sugges-
lions He was department commander
and The lawful head OF the military adj
mjnis,ratiou within the limits OF the de.
nartment. but besides ] knew that he had
been called to Washington for consulta-
lion before taking command. and was pro-
bably aware OF the views OF the Admlnlstra-
fion ne TO civil affairs In his command. L
knew that he was in direct communication
with nv supcriors in authority in reference
70 the delicate subjects presented Tor bis
consideration. or had ideas Of his own when
he believed to be sufficiently in accord win
the views OF our common superior 10
enable him TO act intellgently, according 10
his Judgment and without suggestion from
those not on the spot and not as fully ac-
ouainted with the facts as himself. lie de-
sired, too, 10 be free TO act. rs he had the
eventual greater responsibility, and so the
matter was governed US between him and
myself.
As have been
WRITING THUS FREELY TO YoU,
NAV still further unbosom myself by
stating that have not thought 1t lawiul OF
wise to use Federal troops in such matters
as have transpired east OF the Mississippi
within the last few months, save so iar a.
they may be brought into action under tue
article OF the Constitution which conteh-
mates meeting armed resistance or inya-
State authorities can sublue by ordinary
processes. and then only when requested
by the Legislature, or if it could not be
convened in season bv the Governor,
ard when the President OF the United
States interyenes in that manner, it is
state OF war. not peace. The army is la
boring under disadvantages, and has been
used urlawfully at times in the judgment
Of the people lin nine certainly, and we
have lost great deal OF the kindly feeling
which the community at large once felt
for Us.
alt is time to stop and unload"
Officers in command of troops often ind
il difficult to act wisely and safely when
their superiors in authority have different
views Of law from theirs, and when legis-
lation has sanctioned action seemingly
N CONFLICT WITH FUNDAMENTAL LAW,
and thew generally defer to the known
Judgment OF their superiors. Yet superior
officers OF the army are so regarded in such
great crises, and are held to such RESPONSE
biIi;y. especially those at or near the head
Of IL, that it is necessary on such mOmentous
occasions TO daie to determine for them
selves what is lawful and what is not law
ful under our system. il military authori-
"
Div be the case in such exceptional times.
wnen there existed such dverging
views as 10 the correct result. The army
will suffer from its past action II
it has acted wrongfully. Our regular army
has little hold upon the affections OF the
people to-day, and its superior officers
should certainly, as far as lies in their
power, legally and with righteous intent,
aim to defend the right, which to us is the
law, and the institutions which they repre-.
sent. 1t is well-meaning institution, and
it would be well If II should have an OPP
portunity to be recognized As bulwark in
support OF the rights OF the people and Of
the law. am truly yours
WINFIELD 6. HANCOCK.
10 General ". T. Sherman, commanding
the army Of The United states, Washing
ton, ID. G.