Virginia free press. (Charlestown, Va. [W. Va.]) 1832-1916, 1880-08-14

on every hand. Ihat machinery Nousd
probably cle,t Mr. I'i'dcn President and Ar,
Wheeler President. Tint would le
right enough for the law provides that IN a
future to elect drly liy the people the House
shall Immediately elect the President and
!he Senate the Sicc-Prcsidcnt. Some tfi-
bunal must decide whether the people have
duly elected 4 President | Preume, Of
coursc, ;lia' /. j. Ia TIE ioiHt Affirmative ac-
ton of the senate and the iiovs OF why
are they pre.o.i: to Witns~, taA coaa,il not
to see tha; it & fsir aud just. II . failure
to agrcc arise, between the two h0d;es there
can be no Lawful affirmative decision that
the people have elected a President, aod
the House mus; ihen pr)cecd 70 ac., moi The
Senate. The Saaate elects Nice-l'rcsident',
no. Presidents. D9a5tlc,= IA ease ~ 3 fail
ura by the Hou'e to elect iresidcn. - the
ith of March. tie fresidcn, oi th2 senate
IL there De oncl would be- the legitimate
person 10 excrr;e presidential authority
for the tiH'e being or uotii tac Appearance
Of lawful President. or .ortbc !iH;c lA'd
down In the o)Gs.' -Nt'on. Sa-n cou.s.S
would bc peaceful, arl have iirm hei,i,
law Sal. have no doabl GOV liaycs woA'd
make M exccii2at President. | iaye Eist
him and Euon OF hiE. For tsiri PERIOD
hc served under ms c'mwaad, bet As tiie
matter stands cant 81 aiiy Likelihood ~ rs
beins daily declared elected ~ itc p3alc
unle., the Senate and House come 20 hc IN
accord ~ 10 that fac, and ihe Horse would
of course not otherwise c.ccs him.
"Wha; the people wan; Is peaceful de-
termination of th;s matter, as fair deter
mnation rs possible, and q lawful one. No
other determination cou,d stand the test
The country, ifn0i plunged into revolution,
would become poorer dag by day, business
would langUish siid orr bonds vouh come
home to find deprcciated market. ! was
not in favor OF the military Gction in South
Carolina recently, and i Gca. kug,f had
telegFaphcd 10 mc or asked for advice /
woad have advised him not under any cir
cnmstauccs TO allow himself or his troops 10
determine WHO were The lawful members OF
State Legislature could not have giycn
h:a better advice diam 30 refer him ID the
special message o. She PfcsidCrt in the casc
OF louisiana some timchctore. Bel in Sonth
Carolina he had the QUESTION settled by a
decision Of Tie Slrrc.oe Court Of the state,
the highest Il tibunM which had acted on the
question, so that his line OF duty seemed
cven to DC clearer than in the aetiOn in the
Louisiana case. II the federal court had
interfcrcd and oycrrulcl the decision of the
State court there migh5 have been doubt
certainly. bu; the federal court only inter
fcrcd tG ccmp!ic;ite, not to decide or over
rule.
anyhow it is no business Of the army to
enter upon such questions, and even II 1t
might be so in any event, if the civil autho-
rity is supreme, - The constitution declares
il to be, the South Caroliaa case WAS one IN
which the array had plain duty. iiad
Gen. Ruger asked me for advice. afrd If 7
had give: it. should OF course have noti-
fed YOU OF my action Immediately, 30 that
it could have been promptly Ovcrrulcd If II
should have been deemed advisable by YOU
or other superior authority. Gen. Rager
did not ak for M advice, and inferred
fr0m that and other Ec,s that he did not
desire H. ar that, being in direct conmuni-
cation with iay military sHpcriOrs 2, Ire seat
Of government, wlO were nearer 10 him M
time and distance ii.Gn I was, Dee deemed ~
unnecessary. - Gen. Ruger had thc uiti-
mate responsibility of action and had really
The rreatcT danger to coUfr0n. IN the final
action in the matter. / did not venture 10
cmbarrass him with Suggestions Jic was a
department commander, and tie lawful head
OF the military administration within The
limits of the departmcDt: bat besides !
knew tina. ne had been called TO Washing
ton for consultation before taking command,
and WAS probably aware Of thc views Of the
administration as % the civil affairs in his
command / kucT that be was in direct
communication with M superiOr- in auth0-
81 MO-
sen,ed for ii. consideration, or had ideas OF
bis own which h. hglia,el 10 be sufficiently
in accord with the viegs uf car coGimnn SUI
perioTs, to enable iim TO nc. intelligcndy
according 10 his own judgment, and without
suggestions from tlo,e not ON the spot, aud
not as fpllyarquaintcd with The facts - HIM
/ self. He dcsircl ia, 20 be free 90 act, as
+ he had the eventual greater sp0nIbiliiy,
and so the matter wa, governed as between
l him and myself IS have been writing
thus freely 81 you moy still further IN
bosom mv-cif hy SITTING that ! have not
/ thoughtit lawful or Gsl % use federal troops
/ in such matters 2, have transpiTed oasl OF
! the Mississippi within the last few months
save so lar as they may be brought into
action under the article Of the constitution
which co1tcnpiatcs meeting armed resls-
tancc or invasion 0s % state more powerful
than the stole aiiE0fiii.s csn siiDduc by the
ordinary pr0ccs ~, and then only when re-
qucslcl by the Legislature, or If II could pot
/ be convened in session. by the Governor,
and when the Prefde.t oi the United S.1les
intcrgcncs in tha: manner II is a state OF
war, mt peace The army Is i159fl1g I'M
der disadvantages, @ld has hcen used nm
lawfully at t:mcs IN the Judgment Of the
people. lin mine certainlyl aud we have
los. great deal OF the kindly feeling which
the community at large once felt for u.s.
1t j. time % stop and unload Oilicers IN
command Of troops often end It difficult %
act wisely and safely when supcr.ors in au-
I thority have different yiewd Oi thc law from
+ theirs. and when legislation has sanctioned
action seemingly in conflict with the lmda-
mental law, and they generally defer 10 the
+ known judgment 90 their supcriDrs. 1ct
the superior officers q the army ere 80 r.
gardcd in such grca; crises, and are held %
such responsibility, especially iho2e ai Or
near the head OF IL, that IL j. necessary on
such m0mcntOus occasions to dare 10 deter
mine for themselves what's lawful and what
f Is not lawful under our system, If tbe mill
tary authorities should be invoked, as might
possibly be the case, in such exceptional
times when there existed fneh divergent
/ views Is - the c0rrcc; rcIit. The army
will suffer from its past acton fit hasac:cd
wrongiUily. Oar regular army has little
hold upon the affections Of The peo~e oi
5 today, and It's superior officers should cer-
( tainly, "a far as lies in their power, legally
and with righteoG> intent, aim toaeicnd the
right, which t0 Us STIR k',e, and tlic inati-