Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1880-08-13

but our forsfathers wisely provided
it. 1t has been exercised and has
been recognized and submitted to as
lawful on every hand. That machin-
cry would probably elect Mr.. Tilden
President and Mr.. Wheeler Vice
President. That would be right
enough, for the law provides that in
the failure to elect duly by the peo-
Pile, the House shall Immediately
elect the President and the Senate
the Vice President. Some tribunal
must decide whether the people have
duly elected a President. 1 pre-
sumo, of course, that it is in the
joint affirmative action of the Senate
or House, or why are they present
to witness the count if not to see
that it is fair and just? Ii a failure
to agree arises between tho two
bodies there can be no lawful affirm
ative decision that the people have
elected, and the House mu It then
proceed to act, not the Senate. The
s nate elects he Vice Pre- sidents, nSt
the Presidents. Doubtless in the case
of failure by the House to elect u
President by the 4th Of March, the
President of the Senate (f there be
one) would be the legitimate person
to exercise Presidential authority for
the time being or until the appear
auce of lawful President, or for
the time laid down in the Constitu-
ton. Such courses would be peace.
full and l have firm belief lawful.
l have no doubt Gov. Hayes would
make an excellent President. have
me. him and know of him. For
brief period lie served under my
command, but as the matter stands
/ can't SEQ any likelihood of his be-
ing duly declared elected by the
people, unless the Senate and House
come to he in accord as to that fact
and the House would of course not
otherwise elect him. What the
people want is peaceful determina-
tion of this matter, as fair deter
mination as possible, and lawful
one. No other determination could
stand the test. The country, if not
plunged into revolution, would be-
come poorer day by day, business
would Ianguish and our bonds would
come to find a deprecated market.
l was not in favor of military ac-
ton in South Carolina recently, and
if Gen. Ruger had telesraphed to me
or asked for advice l would have ad-
vised him under circumstance
to allow himself or his troops to
determine who were lawful members
of State Legislature. 1 could not
have given him better advice than to
refer him to the special message of
tle President in the case of Louisiana,
he had had the question settled by
d decision of the Supreme Court of
the State. the highest tribunal which
had acted on the question, so that
bis line Of duty seemed even to be
clearer than in action in the Louis
lana case. If the Federal court had
intcrf red and overrued the decision
of the State Court there might have
been a doubt certainly, but the Fed
eral Court only interfered to com.
plicate, not to decide or overrule.
Anyhow, it is no business of the
army to enter upon such a question,
and even if it might be so, in any
event, if the civil authority is su-
preme, as the Constitution declares
1t to be, the South Carolina case was
one ID which the army had plain
duty. Had Gen. Ruge asked me
for advice, and if had given it, I
should of courss have notified you
OF my action Immediately, SO that it
could have been promptly overruled,
ifit should have been deemed advis-
able by you OF others superior in au-
thorlty. Gen. Ruger did not ask tor
NY advice and I Inferred from that
and other facts that he did not de-
sire it, or that being in direct COM
munication with my military super
iors at the seat of government, who
were nearer to him in time and dis
tance than l was, he deemed it un.
necessary. AS Gen. Rugsr had the
ultimate responsibility OF the action,
and had really greater danger to
confront in the final action in the
matter, did not venture to embar.
rass him by suggestions. He was
department commander, and lawful
head OF the military administration
within the limits of the department,
but, besides, l knew that he had
been called to Washington for con.
sultation before taking command,
and was probably aware of the views
of the Administration as to civil af-
fairs in his command. | knew that
he was iu direct communication with
my superiors in authority in refer
ence to the delicate subjects present
ed for his consideration, or had ideas
of his own which he believed to be
sufficiently i'll accord with the views
OF our common SuppflOrS TO enable