Helena weekly herald., 1880-08-05

OF Louisiana some time before. But in Sout
Carolina he had the question settled by a de
clsion of the Supreme Court of the State, th
highest tribunal which had acted on the ques
uon, SO that his line of duty seemed even t
De clearer than in the action in the Louisian
case. If the Federal court had interfere,
and overruled the decision of the State cour
mere might have been doubt, certainly
But the Federal court only interfered to com
plicate, not to decide or overrule. Anyhow
IL Is no business of the army to enter upol
such questions, and even if it might be so, il
any event, if the civil authority is supreme
as the Constitution declares it to be, the Soutt
Carolina case was one in which the army haC
plain duty. Had Gen. Ruger asked me fol
ADVICE and had given it, should of course
nave notified you of my action Immediately,
80 that it could have been promptly overruled
II II should have been deemed advisable by
you or other superior in authority General
Ruger did not ask for advice, and inferred
from that and other facts that he did not de.
sire it. or that, being in communication with
my military superiors at the seat of govern.
ment, who were nearer to him in time and
distance than was, he deemed it unneces-
sary. AS General Ruger had ultimate re-
sponslbility of action and had really greater
danger to confront in the final action in the
matter, did not venture TO embarrass him
by suggestions. He was department COM
mander at the lawful head of military ad-
mlnlstration, with limits of department. But
besides, knew that he had been called to
Washington for consultation before taking
command and was we'll aware of the views of
the Administration as to civil affairs in his
command. knew that he was in direct
communication with my superiors in author
lty IN reference to the delicate subjects pre-
sented for his consideration, or had ideas Ut
his own which he believed to be sufficiently
IN accord with the views of our common su-
periors to enable him to act inteligently ac-
cordlng to his Judgment, and without sug-
gestlOns from those not on the spot and not
as fully acquainted with the facts as himself.
lie desired to be free to act, as he has the
eventual greater responsibility. And 80 the
matter was covered as between him and N.Y.
self.
AS have been writing thus freely to you.
1 may still further unbosOm myself by stat
ing that have not thought it lawful or wise
to use Federal troops in such matters as have !
transpiIed east of the Mississippi within the
last few months, save so far as as they may |
be brought into action under Articles of the |
Constitution which contemplate the meeting
II armed resistance or the invasion of State
more powerful than the State authorities Can
'ubdue by ordinary processes, and then only
when requested by the Legislature; or, if
t could not be convened in session by the
Governor. And when the President of the
United States intervened in that matter it was
state of war, not peace The army is la
'oring under disadvantages and has been
lsed unlawfully at times in the judgment of
he people; in mine certainly, and We have
0ct 6ao1 Of tho Gip61v ~ |
be community at large once felt for US. 1t
} time to stop and unload. Officers in CON-
1and of troops often find it difficult to act
wisely and safely when their superiors in au-
oity have different views of the law from
1eir's, and when the Legislature has sane
oned an action seemingly in conflict with
ne fundamental laws, they generally de-
er to the known judgment of their superiors,
'et the superior officers of the army are so ,
egarded in such great crisis, and are held
} such responsibility, especially those at or {
ear the head of it, that it is necessary on
lch momentous occasions to dare to deter ,
line tor themselves what is lawful and what .
not lawful under our system. If military
nthorities should be invoked, as might pos t
bly, be the case in such exceptional times
hen there existed such divergent views as I
a correct result, the army will suffer from
8 past action if it has acted wroDgfully.
ur regular army has little hold upon the af- d
ctions of the people of to-day, and its il
perior officers should certainly as far as p
's in their power legally and with righteous .
tent aim to defend the right, which to US
the law, and the institution which they rep. n
sent. 1t is a well-meaning institution, and n
would be well if it should have an oppor. F
nifty to be recognized as bulwark In sup .
rt of the people, and of the law.
| am truly yours, (Signed.) a.
WINFIELD s. HANCOCK @
, General W. T. Sherman, commanding :.
army of the U. s., Washington, d. G. "
O.