The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1880-08-12
and l have firm belief lawful.
Ihave no: doubt that 4 ~
GOVERNOR HAYES WOULD MAKE

.see anyslikelifoof Of hiss being duly de.
clared elected by the people, unless the
Senate and house come to be in accord
as to that fact, and the house would oi
ce,irsel not otherwise elect hinis What
the people want is peaceful determine.
ton ofithiss mattef, lyas FAIR az determina'
ton a. possible, and lawful one. No
other determination could stand the; test
The country, if not plunged into revolu-
ton, would become poorer day by day,
business would lapguish, aud eNr bonds
would come home to find O deprecated
market. .,o.,y5 ..aa;.i rs
MILITARY ACTION IN SOUTH CAROLINA
recently, and If Gen. Ruger had telegraph
ed to me or asked for advice, Is0ould haze
advised. him not, under dnyI circumsfdnces,
TO d1lo,0 hinisey or troops to determine a0ho
,eere the lawfui members Of q State L,gislq-
tie: M + could not lave given him Better
advice than to refer him the special mes
sage of the President in the case of Lou
isiaua some time before. But in
South Oasolina he bad the question set.
tied by a 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 actien-ir rthe-h -houisiaua case.
the Federal Court had inferred and over.
ruled the decision 6f theState Court there
might Have been d doubt certainly, but
the Federal Court only interfered to COM
plicate, not to decide or oyerrule. Any,
.koKit is nesHdsiness' of fny to- eatssr
upon such o agaestion, and OVEN # it might
4 be 80 in any event, if'tRe-cfvil 'authofity
is supreme, as the Constitution declares
it to be, the. South Carolina case was one
iii which the army had plain duty.
Had Gen. Ruger asked me for advice,
aud i'll had given it, Lsbould of course
Iha9e notified you. Of hy. action immedi.
ately; so,thatit could have been promptly
:orerruledHfi should have been deemed
advisable by you or other superior in
authority. ....,.-.,-.., -..,-, ...-.~
and i 'inferred-from that and other facts
that he did not desire it, or that being
in direct communication with my militia.
ry superiors at the seat of governments
who were nearer to him in time and dis.
tance that was, he deemed it unnecessa-
~. As Gen. Ruger had the ultimate
responsibility of action, and had really
.theigreater danger; to iconfront lin the
6nal action in the matter, 1 did not ven.
ture to embarrass him by suggestions.
He was a department. commander and
the lawful head of the military admins.
tration within thelimits ofthe department.
But besides, / knew that he had been
called 20 Washington for consultation
before taking command, and was probably
aware of the views of the administration
as to the civil affairs in his command.
knew that he was in direct communi-
cation with my superiors ipz authority in
-fefefenoe to- delicate subjects presented
for his consideration, or had ideas Of his
own which he believed to be sufficiently
in accord with the views of our common
superiors to enable him to act intelligent
ly according to- his judgment, and with
out. suggestions from those not on the
spot and not as fully acquainted with
he-faets.as-himselliE:- desired, too, ,tu
be free to act, as he had eventually the
greater responsibility, ,Iend Sosthe matter
was governed. as Between himself and
myself.
!. AS I have been writing thus freely to
you, may still further unbosom myself
,by'stating thatI havesnot thought it,
,IsAySFUE .oR Wise 10 susEll FEDERAL
TROOPS
in such matters as have transpired east
of the Mississippi within the last few
months, save so far rs they may be
brought into action under the article of
the constitution which contemplates
meeting armed resistance or inyasions of
a State more powerful than the State au.
thorities can subdue by ordinary process,
and then only, when requested by the
Legislature, or, if it could not be Con-
vened in season, by the Governor. And
when the President of the United States
interyenes in that manner, it is State of
var, not peace.
The army is laboriDg under disadvan.
tages, and has been used unlawfully at
times in the Judgment Of the people, lin
mine certainly,l aud we have lest4A great
deal!oskndly @elmgwhich tha comm 9 !!
nitylas large onceSefs 0f us. aItis tiMsi
to stop and unload" Officers in com.
mand eftroops often1ind it difficult to act
wisely and safely when ddpetiors in an.
thority have different views of Law from
theirs, and when legislation has sane.
toned action seemingly in conflict with
the Fundamental law, and they generally
defer to the known judgment of their su-
'periors.
Officers ofthe army are SO regarded id
such great crises, and are held to such
responsibility, especially those at or near
the head of it, that it is necessary on
such momentous occasions
TO DARE TO DETERMINE
for themselves what is lawful and what
is not lawful under our system, if the
military authorities should be invoked, as
might possibly be the case in. such ex-
ceptional times, when there existed such
.diyergent-views as to the correct result.
The army will suffer from its past action
ifishw acted wrongfully. Our regular
army 'has:little hold upon the affections
Of the people of day, aud its superior
officers should certainly, as far as lies in
their power, legally and with righteous
intent aid. TO defend the right, which to
US is the law, and the institutions which
they represent. It is we'll meaning in.
stitution, and it would be we'll if it should
have an opportunity to be recognized rs
q bulwark in support of the rights of the
people and of the law.
I am truly yours,
WINFIELD S. HANCOCK.
To Gen. w. Z. Sherman, command
ing army of.the United States.
Miss Oliver, of Waco, Texas, paint.