The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1880-08-02

stand the test. Thecountry, II not plunRe'
. into revolution, would become poorer ds.
| by day. Business would languish, anI
our bonds would come home to find dis
pirited market. l was not in favor Of thl
military in South Carolina recently, and |
General Ruger had telegraphed TO me Oh
asked for advice, should have advised
him not under any circumstances 4
allow himself or his troops to determine
who were the lawful members OF STATE
Legislature. l could not have given him
Ebetter advice than to refer him to the
special message OF the President In the
lease OF Louisiana some time before. But
in South Carolina he had had the question
settled by q decision Of the Supreme
Court OF the State, the highest tribunal
which had acted on the question, 30 that
his line OF duty seemed even to be clearer
than in the action In the Louisiana case.
II the Federal Court had intertered and
overruled the decision OF the State Court,
there might have been double certainty,
but the Federal Court intertered TO com.
plicate, not TO decide or overrule. Any.
how, 1t Is no business Of the army to enter
upon such questions, and even II 1t
might be so In any event, II the civil au.
thority is supreme, as the Constitution de-
clares It to be, the South Carolina case
was one in which the army had q plain
duty. Had General Ruger asked me for
advice, and Il had givenit should, OF
course, have notified you oil my actien i'm.
mediately 80 that Il could have been
promptly oyerruled II 1t should have been
deemed advisable by you or other super
iors In authority. General Ruger 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 at the seat OF
Government who were nearer 70 him in
time and distance than was, he deemed
Il unnecessary. AS General Ruger had
the ultimate responsibility Of action and
really the great danger to confront in
the final action in the matter, /
did not venture to embarrass him
by suggestions. He was q department
commander aud the lawful head ,ot the
military administration within tie limits
OF the department. But besides, l knew
that he had been calledto Washington for
consultation before taking command, and
was probably aware OF the views OF the
Administration as 10 civil affairs in his
command. knew that he was in direct
communication with my superiors in au-
thority in reference to the delicate SUD.
iects presented for his consideration, or
had ideas OF hisown which he believed 10
be sufficiently in accord with the views OF
our common superiors to enable him to
act intelligeutly, 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,
too, TO be free to act, as he had the event.
ual greater responsibility. And so the
matter was governed as between him and
myself.
AS have been writing thus freely to
you, maystill further unbosom myself
by stating that have not thought 1t law.
fIil or wise to use Federal troops east OF
the Mississippi within the last few months,
save SO far as they may be brought into
action under the article OF the Constitu.
ton which contemplates meeting armed
resistance or invasion OF q State more pow
eriul than the State authorities can sub
due by the ordinary processes, and then
only when requested by the Legislature,
lor II II could not be convened in session,
by the Governor; and when the President
oil the United States intervened in that
manner it is @ state OF war, not peace.
The army is lAboring under disadvan-
tages, and has been used unlawfully al
times in the judgment OF the people lin
mine certainly, and we have lost a great
deal OF kindly feeling which the community
at large once felt for Us. at is time TO stop
and unload" Officers in command OF
troops often find it difficult to act wisely
and safely when superiors In authority
have different views Of the law from theirs,
and when legislation has sanctioned ac-
ton seemingly in conflict with the tunda.
mental law, and they generally deter TO
the known judgment OF their superiors.
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 1t, that It is
necessary on such momentous occasions
| TO dare to determine for themselves what
| Is lawful and what Ia not lawful under our
system, If the military authorities should
be invoked, as might possibly be the case
in such exceptional times when there ex-
listed such divergent views asto the cor
rect result. .YaeI
The army will suffer from It's past action
II It has acted wrongiully. Our regular
army hes little hold upon the affections ot
the people Of to-day, and lis superior Off.
GERS should certainly, IS far as lies in their
power, legally and with righteous intent,
aim to defend the right which, to US, is the
1 IlaY and the institution which they repre-
sent. -.,.,.l ..
Its well meaning institution, and 1t
would be well II 1t should have an oppor:
Itunity to be recognised as hulvark in
support Of the rights Of the people and OF
the law. lam truly yours,
WISFIELD SCorT HANCOCK,
To GENERAL W. T. SHERMAN, Command
ing Army Of the United States, Wash
ington, DC.