The Ottawa free trader. [volume] (Ottawa, Ill.) 1843-1916, 1880-08-14

and even II II might DC so IN any event, III TN
civil authority is supreme, as the constitution
declares 1t to be, the South Carolina case wa
one IN which the army had plain duty. Hat
Gen. Kruger asked me for advice and if hao
given it, | should of course have notified you
of my action Immediately so it could have beer
promptly overruled IL 1t should have been
deemed advisable by you or any other superior
IN authority. Gen. Kruger did not ask for my
advice, and inferred from that and other facts
that he did not desire 1t, or that being in direct
Communication with my military superiors al
the seat Of government who were nearer IN him
in time and distance than was, he deemed II
unnecessary. As Gen. Ruger had the ultimate
responsibility Of action ana had really the
greater danger to confront In the fnal action
In the matter, I did not venture to embarrass
him BY suggestions. He Wa . department
com mander and the lawful head Of the mill.
,sry administrator within limits Of the de-
psftment but besides ! knew that he had been
called W Washington for eonsultatiOn before
taking command and was probably aware Of
the views OF the administration ~ 10 civil o.
fairs In bic s0Rnasd., knew, he w ~ d.
rect communicates with ny supeflogS 10 a..
,Aoyity in .sesseses 70 he delicate subjects pre-
senied Tor his cssSideYssisn OF hid ideas Of his
evn which hs believed TO be suiaelently In &C.
cord with the Views Of OUT common superiOrs
70 enable him 70 oct nteliigsntly accounting TO
his Judgment and without suggestions rom
those not on the spot and not - fully eequaint
ed with the facts - himself He desired, too,
10 be free 70 set - he hsd the eventual greater
responsibility, and 20 the matter Wa governed
- between him and myself
Al have been writing thus freely TO you
may still further unbosom myself by stating
that have not thought It lawful or wise to
IN sv0oc~ tV arch atfeSu tran.
spired east Of the Mississippi, within the last
few months, save % far a. they may be brought
into action under the article Of the constitution
which contemplates meeting armed resistance
or invasion of q state more powerful than the
state authorities can sHbdue by the ordinary
processes, and then only when requested by
the Legislature, or if 1t could not be convened
in session by the governor and when the presi
dent of the United States interviewed IN that
manner, it Is a state Of war, not peace. The
army is labOring under disadvantages, and has
been used unlawfully at times, in the judg-
ment of the people lin mine, certainly, and we
have lost great deal Of the kindly feeling
which the community at large once felt tor us
at is time to stop and unload" Officers in
command of troops often find it difficult to &C
wisely and safely when superiors in authority
have different views of the law from theirs,
anu WHcH IcBlSIdtiou MS SdnCtioHeu "Cs'ou
seemingly in conflict with the fundamental
law, and they generally defer to the known
judgment of their sureriors. Yet the superior
officers Of the army are so regarded in such
great crises and are held to such responsibility,
especially those at or near the head of it, that
II IS necessary on such momentOus occasions
to dare TO determine for themselves what is
not lawful under our system. If the military
authorities should be invoked, as might pos
sibly be the case In such exceptional times
when there existed such divergent views as to
the correct result the army will suffer from its
past action If it had acted wrongfully. Our
regular army has little hold upon the affec-
tons of the people OF to-day, and its superior
officers should certainly as tar as lies in their
power legally and with righteous intent aim to
defend the right, which to us is the law and
the institution which they represent. 1t Is a
wellmeanlng institution and il would be well
If it should have an opportunity TO be recog.
nized as a bulwark in support Of the rights of
the people and of the law. l am, truly yours
(SiCnedl WINFIELD =. HANCOCK.
To Gen w. r. SHERMAN, Commanding Army
of the United States, Washington, -. c.