Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1880-08-03
Hancock to Sherman.
Tfxr OF THAT MrCH TALkED Abort LEr
TER.

Hurltprt having obtained the consent of Gen.
Sherman for its publication Gen Hancock
declined TO give il TO the public. 1t is dated
=. Iouis Dee. IS. 1876. After referring TO
his qualification in not being ordered TO the
Pacific coast. he saws:
The whole matter of the Presidency seems
10 me To be simple and to admit of peaceful
solution. The machinery for such contin-
gencv As threatens 10 present itself has been
all carefully prepared; ii only requires lubri-
cation The army should have nothing TO do
with the election or inauguration OF Presi-
dent. The people elect President: Con-
gress declares in joint session who he is. We
of the army have only to obey his mandates
and are protected il. - doing only so far as
they NAV be lawful Our commissions ex
press that. like ,Jetferson's way of inau-
grration lie inaugurated himself simply by
taking the oath of Office There is no other
loyal way.
In our system the people or the politicians
may institute parades in honor of the event,
and public officials may add to the pageant
By assembling troops and banners, but all
that only comes properly after the inaugural
ton. not before, and it is not part of It, Our
system does not provide that one President
should inaugurate another: there might be
danger in that. a..d it was studiouslv left out
of the chatter: but You are placed in an
exceptionally important position i'll connec-
ton with coming events. The capitol is not
in MY jurisdiction. | am subordinate and
not on the spot, and if ! were so, there also
would be my superior i'll authority, for there
is the station of the General-in chief. On
the principle that the regularly elected Pres
ident's term of office expires with the Sd of
March (of which | have not the slightest
b,N a,,I lams baar,pU an thu. h.
ject uniformly recognize, and in considera-
ton of a possibility that the lawfully elected
President may not appear Until the 9Th of
March, a great deal of responsibility must
necessarily fall upon you of all Others
you hold over. you will have power
and prestige to support you. The
Secretary of War, too, probably holds over,
but if no President appears he may not be
able to exercise any function in the name OF
the President for his proper acts are those OF
known superior, lawful President. You
act on your own responsibility and by virtue
of YOUR commission only restricted by the
law. The Secretary of War is the mouth
piece of President. You are not. If
neither candidate has the constitutional ma
lorty of the electoral college or Senate and
House on the occasion of the count. do not
unite in declaring some person legally elect
'
already provided TO meet that contingency
and decide questions peacefully. 1t has not
been recently used no occasion presenting
itself, but our forefathers provided it.
1t has been exercised and been recognized
and submitted to as lawful on every hand.
That machinery would probably elect Mr..
Tilden President. and Wheeler Vice Presi-
dent. That would be right enough, for the
law prov ides that in the failure to elect duly
by the people, the House shall immediately
choose President and the Senate a Vice
President. Some tribunal must decide whetll-
er the people have duly elected Vice Pres
ident | presume of course it is in the joint
affirmative action of the Senate and House.
or why are they present to witness the count
if not to see that it is fair and Just: If fail
ure to agree arises between the two DO lies
there can be no lawful affirmative decision
that the people have elected President and
the House must then proceed to act, not the
Senate. The Senate elects Vice Presidents
not Presidents. Doubtless in case of fail
ure of the House to elect a President by the
4th of March. the President of the Senate
(if there be one) would be the legitimate
person to exercise the Presidential authority
for the time being, until the appearance of a
lawful President or for the time laid down in
the constitution.
Such a course would be peaceful, and have
a firm belief. lawful. have no doubt Gov
Hayes woulc make an excellent President
have met him and know him: for a brief pc
Rod he served under my command But as
the matter stands, carnot see anv likelihood
of his being duly declared elected by the peo-
pie, unless the Senate and House come to
be in accord as to that fact and the House
would not of course otherwise elect him.
hot fI,a =, G.l
minatIon of this matter. as fair determination
as possible and lawful one No other de-
termination could stand the test. The country.
if not plunged into revolution. would become
poor day BY day, business would languisb.
and our bonds would come home to find de-
preciated market | was not in favor of mil
itary action in South Carolina recently, and
if Gen. Ruger had telegraphed home or asked
for advice, I should have advised him not.
under any circumstances, to allow himself or
his troops to determine who were lawful
members of the State Legislature
could not give him better advice than to
refer him to the special message of the Presi-
dent IN the case of Louisiana some time be-
fore But IN South Carolina he had the
question settled by decision of the Supreme
Court of the State the highest tribunal which
had acted on the question, so that his line OF
duty seemed even to be clearer than in the
action in the Louisiana case If the federal
court had interfered, and ogerruled the ,leci-
sion of the State cour. there might not have
been doubt, but the Federal court ONLY in
terfered to complicate, not to decide er over
rule; anyhow it is 10 business of the army 10
enter upon such questions, and even if it
might be so, in any event if the civil authori-
ty Is as supreme as the constitution declares
1t to be. the South Carolina case was one in
which the army had plain duty.
Had Gen. Ruger asked me for advice and
If had given it. | should of course notified
you Of my action Immediately. so it could
have been promptly overruled if it should
have been deemed advisable BY Won or other
superior authority. Gen. Ruger did not ask
for my advice, and l inferred from that and
other facts that he did not desire it. or that
being in direct communication with NV mill
tary superiors at the seat of government who
were nearer him in time and distance than |
was. he deemed it unnecessary. As Gen.
Kruger had the ultimate responsibility of ac
ton and had really greater danger to confront
IN the final action in the matter, did not
venture to embarrass him by suggestions.
As have been writing thus freely to Won
l may still further unbosom myself bv stat
ing had not thought it lawful or wise to use
Federal troops in such matters as have tran
spired east of the Mississippi within the last
few months save so far as they may no