The Milan exchange. (Milan, Gibson County, Tenn.) 1874-1978, 1880-08-05

I mouse, or why are Lney present 10
witness the count, if not to see that 1t
is fair and just? If failure to agree
arises between the two bodies, there
can he no lawful affirmative decision
that the people have elected Presi-
dent and the House must then pros
coed to act, not the Senate. The
Senate elects the Vice President.
Doubtless in the case of a failure by
the House TO elect President by the
4th of March, the President of the
Senate, if there he one, would be the
lie. itimate person to exercise the Pres ,
GENITAL authority for the time being or
until the appearance of lawful Pres
ident, or for the time laid down in
the Constitution. Such courses would
lie peaceful and, | have firm belief,
lawful. | have no doubt Gov. Hayes
would make an excellent President.
[ have met him and known him for a
briet period. He served under my
command, but as the matter stands, |
cannot see any likelihood of his being
duly declared elected BY the people;
unless the Senate ami House come to
be in accord as to that fact, and the
House would, of course, not otherwise
elect him. What the people want is
peaceful determinations Of this mat
ter, as fair determination as posi-
Ole, and lawful one. No other de-
termination could stand the test. The
country, if not plunged INTO re~olu-
ton, would become poorer Gay by
day. Prisoners would languish and
our bonds would come home to find a
dispirited market. | was not in favor
of the military in South Carolina re-
Gently, and if Gen. Ruger had tele>
graphed to me or asked for advice, |
would have advised not, under any
circumstances, to allow himself or his
troops to determine who were the
lawful members of a State LegiSla-
ture. | could not have given him
| better advice than to refer him to the
special message of the President; in
the case of Louisiana sometime before.
But in South Carolina he had had the
question settled by decision of the
Supreme Court of the State, Il e
| highest tribunal which had acted on
the q lestiOn; 50 that his line Of duiy
seemed even to he clearer than the
action in tie Louisiana case. If the
Federal Court had interfered and
over>ruled sthe decision of the State
Court, there might have been Il double
certainty, but the Federal Court ill.,
terfered to complicate, not to decide
Or override. Anyhow, it is no bust
ness Of the army to enter upon such
questions, and even if it might he 80,
in any event, the civil authority Is
supreme, as the Constitution declared
it to be. The South Carolina case
was one in which the army had q plain
duty. Had Gen. Ruger asked me
for advice, and if ] had given it, |
should, of course, have notified you OF
my action immediately, so it could
have heen promptly Overruled; if 1t
should have been deemed advisable
hysyou or others superior In authority.
Gen Ruger did not ask for my advice,
and | inferred from that and other
fIcts that he did not desire it, or that,
being in direct communication with
my military superiors at the seat of
government, who were nearer to him
in time and distance than | was, he
deemed it unnecessary. As Gen.
Ruger had the ultimate responsibility
of the action, and had really the great
danger to confront in the final action
in the matter, | did not venture to
embarrass him by suggestions. He
was a department commander, and
the lawful head of the military ad-
ministration within the limits of the
department, but besides | knew that
he mad been called to Washington for
consultation before taking command,
and was probably aware of the views
of the Administration as to civil at
fairs III his command. ! knew that
he was IN direct communication with
my superiors in authority in reference
to the delicate subjects presented for
his consideration, or had ideas of his
own which he believed to be suliicient>
ly in accord with the views of our
common superiors to enable him to
act intelligently according to his judg-
ment and without suggestions from
those not on the spot and not as fully
acquainted with the facts as himself.
He desired to be free to act as he had
the eventual greater responsibility and
so the matter was governed as between
him and myself. As l have been
writing thus freely TO you, | may still
further unbOsom myself by stating
that | have not thought it lawful or
wise to use Federal troops in such
matters as have transpired within the
last few months, save SO far as they
may be brought into action under the
article of the Constitution which con-
templates the meeting of armed re-
sistance or an invasion of State more
powerful than the State authorities
can subdue by the ordinary processes,
and then only when requested by the
Legislature or, if it could not he con-
vened in session by the Governor, and when
the President Of the United States int rvenes
in that manner it is state of war, n tpeqc.
The army is laboring under disadvantage ana
has been used unlaRiully at times, in the
judgment of the people and in mine certainly,
and we have lost = great deal of the kindly
feeling which the community at large once felt
far Is IL il tim % : and u nInal. ILn of