The interior journal. [volume] (Stanford, Ky.) 1872-1881, 1880-08-06

ruraie,i himself simply by iaking the oath ofol-
I Gee. There Il no other legal Inauguration In our
system The people, or roliiicians, may institute
raroic, In honor OF the event. and ruhllc ohclals
msy add to the pageant by asscm blinr troops and
banners bat al that only c'mes properly amer the
Inauguration. not ieioIe. ami u J. not part oft.
our system docs not provide that one President
should insugurate another. There might Ne dam
ger In that aud 10 Wa studiousiy len out Of the
charter. But you ere placed In on exceptionally
Important position IN connection With comiug
events The capital sin my Jurisdiction, also, but
I an subordinate and not on the spot and V !
wero s', you would 10 my superior In authority,
for there u the station Of the ufneral-u-Chicf On
The principle that a regular elected rrcsidenis
term Of ofhce expires With the "a 81 March, o.
which raaye not the slightest doubt, aud whai
the laws tearing On the subject uniformly feeoe-
nlse. ami In consideration Of the possibility that
the lawfully elected President may not appear I'M
al the sth Of March, a great deal Of responsibility
may necessarily ian upon yofe You hold over
you will have power and prestige 10 support yoa'
The Secretary Of wartoo, probably holds over, hut
" no President sppears he may not he able 10 ever
clsc Functions IN the name Of Pres idcn,, icr his
proper acts are those Of known superior lawful
President YOU act on your responsibility, and, by
virtue Of q commission, only restricted by the lac
Of the hand The secretary of War i the mouth-
piece of President yeu are not
q neither candidate has a constitutional maioFi-
~ Of the electoral coese, the senate and HOUSE
on the oecasion Of the count DO unite In declaring
some person legally elected ny the people. there Il
a lawful machine slready provided 10 mee, that
contingency and decide the question pesc'iully.
II has not icen recently usel no occason present.
Ing Itself, hut our ioretathers provided H. ., hs.
tecn exercised and has hecn recoguise'l aad sub
miite,i to - lawful 90 every hand That machin-
ery would probably elcct Mr. Tiden rre-ident
aud Me- wheeler Vice President that would bc
right enough, for the Law provides that In failure
to elect duty ny the people. the HOUSE shall imme-
dlaiely elect the President and the senate the
Vice President. some tribunal must decide vheih-
e. the people have duly elected a President prr-
sumo, Of course that u l. ~ the joint Affirmative
aciion Of the senate and House, OF Why are they
present to witness the count Il not TO that IL Is
iair and JUST u faiure 10 arree arises between
the two holics. there eau he no lawful Affirmative
decision that the people have elected President,
and the House must then proceed 10 act, not the
senate. The senate elects the Vice President. not
the President.
Doubtless, In csse Of failure by the House 10
elect a President by the ith Of March, the Presi-
dent Of the senate. n them h. one. would te the
legitimate person to exercise Presidential aathor-
iiy for the time being OF until the arIcarsaee OF
lawful President, OF for the time laid down In
the Consultation. such course would 10 peaeefai,
and, have a arm belief lawful have no doubt.
Gov. Hayes would make an excellent President
have met and knew Of him Coz a brief period. lie
served under MY command, but the matter
stands can't see any klIhooi Of his icing daily de
clarcd elected by the people, unless the Senate and
HOUSE come to he In accord 10 that iact, and the
IIouse would Of course not otherwise elect hiui
what the people want is a peaceful determination
Of this matter. a. fair liberalization ~ Io-sihc
aud as iaWfal no other determination could stand
the test. The country, u nov plunged into reso-
luton would bccome poorer day by day hasine-s
would anguish and ouI bonds would come home 10
dnd a dispiriied market.
vas not In favor Of the military In South Car
ollna recently and Il Gen. Rugcr had telesrsrhed
10 me OF asked my advice would have advised him
not. under any circumstances, 10 ALLOW himself Or
his troop. 10 determine Who was the awful mern-
lers Of state legislature. could not have given
him better advice than to refer him 10 the special
message Of the Presden, In the case Of Louisiana,
some time before. But 10 south Carolina be- had
had the question settled by decision Of the SUI
preme Court Of that State, the highest tribunal
which had acted on the question. - that his line
Of duty SEEMED 10 clearer than the action In The
Louisiana oase. u the Supreme Court had inter
fered and ovcrrued the decision Of the State
Court there might have been double certainty,
but the Federal Court inisriersd to eompliea,c
aUaA h. l. M
business Of the amy to enter upon such question,
and even II u might he 50 In any event Il the civ
authority is supreme A. the Constitutes declares
Il To be. the south Carolina oase one In which
the army had plain duty. Had Gen. Ruger ask
ed me ior advice aud II bad given It, should Of
course notified you Of my sctlon Immediately, 70
that II could have been promptly ossrruled " II
should have heen deemed advisable by you or 9th
Ct superior In authority. zen. Iuser did not ash
far ny advice. and inferred from that and other
ac,. that be did not desire Il, that being 10 d.
rect communication with my military SUPERIOR Al
the vat Of Government who were nearer to him
In time and distance than vas, he deemed II un-
necessary. A general Ruser had the ultimate re-
sponsbiliiy Of aeiion, and had really the greater
danger to confront In the final action In the mat
ter. I did not venture to emtArrass him ny sug-
gestions lie vas department. commander, and
the lawful head Of the military administrations
within the limits u the department. Bat, besides.
knew that he had hecn called to Washington ior
consultation before taking command, and vas
probably aware of the views Of The administration
a. 10 civil aiairs In his command. kncw that he
was In direct communication with my superios In
authority In reference TO the delicate subjects pre-
scented lor his consideration had Ideas Of his own
" hch he believed TO he sufficiently la accord With
the views u our common superiors 10 enable him
To act iniellgently, according 10 his Judgment and
without suggestions from those not the spot and
not a. ully acquainted with the facts a. hiniseli
lie desires 10 he free act a. he had the eventual
greater responsibility.
As have been writing thus freely to you, may
,till further unhosom myself by stating that
nave not thought Il lawful or wise 10 use Federal
rools In such matters as have transplrei east Of
he Mississippi within the last Few months, ave 80
ar as they may be brought into action under the
Irtclo Of the Constitution which eontemplates
meeting armed resistance or Invasion Of a State
more poweiiul than the State authorities can sui
Iue by the ordinary Processes, and then only when
requested by the legislature or II II could not b.
onveued in session by the Governor, aud Shen
he President " the United States interviewed In
hat manner, II is a state Of war, not peace The
rmy Is lahoring under disadvantages, and has
zen used unlawhlly at times In the Judgment Of
he people. In mine. certainly aud We have Lost |
great deal Of the kindly feeling which The CON-
nuniy at large once felt for u.s. II Is time 10 stop
nd unload Ofisers In command Of troops often 4
md II dihiculi 10 act wisely aud saisly when su-
'eriors In authority have different views OF the
AVS from theirs, and when legislation has sane
oned action seemingly In conflict with nndamen-
II Law, and they generally defer 10 the known
idgment Of their superiors Yet the superior Of
GERS Of the army are regarded In such great
ii sis aud held 10 such responsibility especial
those al near the head Of II, that Il Is neces-
lry on such momentous occasions 10 dare 10 de-
srnine ior themselves what Is lawiul and what Is
Of lawfhl, Under our SYSTEM, u the miliiary au-
ieriiies should he invoked, a. might possibly he
he In such exceptional time, when there ex-
ted such divergent views as 10 the oorWct result,
lie army will suffer from lis past action II II had
ted wronsfully.
Our regular army has little hold upon the aiec-
on- Of the people OF to-day, and lis superior Of
ers should certainly, Gar IL lies In their pow
, legally and with righteous intent, aim 10 defend
e right which 10 Il the law and the Institution
A. a A Il A. ~. 0