Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1880-08-17
~TRANsIENT ,BILLs-CAsR.

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for the time laid down in the constitution.
Such courses would be peaceful, aud, have
| firm belief, lawful. I have 60 doubt Gov.
I Hayes would mako an excellent President.
| l have met him and know of him. For
| brief period he served under my command,
I but as the matter stands l can't see -any like.
lihood Of his being duly declared elected by
the people unless the Senate aud 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 de-
! termination of this matter, fair a determi.
! nation as possible, aud lawful one No
| other determination could stand the test.
| The country. il not plunged into revolution,
! would become poorer day by day, business
would languish aud our bonds would come
| home to fnd Deprecated market. was not
| in favor of the military action in South
! Carolina recently, and il General Ruger had
| telegIaphcd TO me or asked for advice would
| have advised him not under auy circumstan4
| ces to allow himself or his troops to deter.
miue who were the lawful members of State
| Legislature. l could not have given him
better ADVICE than to refer him 10 the special
| message of the President in the case of
i.ouiSisns some time before. But in South
C.rpIna he had the question settled by de-
csion Of the Supreme Court of the State, tho
highest tribunal which had acted on tho
question. that his line of duty seemed
even to be clearer than in the action in tho
Louisiana case. 1t tho federal court had
'ntertered and ovsrruled the decision of tha
State court there might have been doub,
certainly, but the federal court only utter.
tcred to compNcate, not to decide or over.
rule.
"AnyhOw it is no business Of the army to
enter upon such questions, and even If it
might be so in any event, if the civil au-
thorIty is supreme. as the cOnstitm,iou do
c'ares it to be. the South Carolina case was
one in which the army had a plain duty.
Had Gen Ruger asked for advice, and if [
had given it, should Of course have notified
you of my action Immediately, so that it
could have hOcn properly ovcrruled if it had
been deemed advisable Ivy you or other su.
perior in authority. Gen. Ruger did not
ask for my sdvicc, aud I inferred from that
and other facts that he did not desire il, or
that, being in direct communication with
my military superiors nt the scat of govern
ment, who were nearer to him IT. time aud
distance than I was. he deemed il uuneces.
ssry. As Gen Ruger had the ultimate re.
sPons'bility of action and had really tho
greater danger To confront in the FINAL action
in the matter. l did not venture TO embar-
lars tIuI WIN suggestions. ITO was denBrt-
ment commander, and the lawful head of the
military administration within the limits Of
the department; but besides knew that he
had been called TO Washington for cousulta,
tion bSforc taking command. and was proba.
bly, aware of the views of the administration
Ms to the civil affairs in his command
knew that he WINS 10 direct communication
with my snperiors in authority 10 reference
TO the 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 eua-
Gle him to act intelligcutly according to his
judgment, and without suggestions from
those not on the spot, and Dot ss fully ac>
quaintcd with the facts as himself he de-
aired too, 10 10 free to act, RS he hid tho
eventual greater responsibility. and so tho
matter vas governed as between him and
myseif. rs have been writing thus freely
to you, may still further uubusou myself
: by stating that have not thought it lawful
or wise to use federal troops in such matters
as have traDspired east Of the Mississippi
within the last few mon;hs-savo so far a.
they may Re brought into action under tho
article OF the constitution which contempIates
meeting armed resistance or invasion of
! State more powerful than the State authori,
! ties can subdue by the ordinary processes,
aud then only when requested by tho Legis-
| l4turc, or, If it could not bo convened in sea-
sion, by the Governor, and when the Prcsi.
| dent Of the United States iutervenes in tha.
manner it is a STATE Of war, MT peace. The
srmY Is lablri0g under disadvantages. and
has been used unlawfully at tincs in tho
Judgment of the people, Tin mine certainly
and We have lost great deal of the kindly
feeling which the COMMUNITY at onoe felt for
US 1T is time to stop and unload Officers
in command of troops often fod it dficult.
to act wisely and safely whan superiors in
authority have different views Of tho law
than thoirs. and whom Legislation has saDo.
toned action seemingly in corfict with the
fundamental Law. and they generally defer
to the known judgment of their snpcriors
! Yet the superior officers Of the army are So
! regarded in such great crisis, ard are held 10
ssch responsibility .espe cisliy those at or nesr
the head OF it, that it is necessary on such
! mnmentous occaslnns to daro II determine
| Tor themselves what Is lawful and what ia not
lawful under our Eystem. if the military au-
thorities should he invoked. might posi-.
! bly, be tha case. in such exceptional times
when there existed such divergent views a.
to the correct result The army will suffer
from its uast action If it has acted wropS.
fully. Our revursr army ha. little bold upon
the affections of the people Of TO day, and
its superior oficers should certainly. rs far
| lies 10 their power, legally and with
righteous intont. aim to defend the right.
which to rs is The IaU. md the ips,i:ution
which they represent It is weIl>meauiuv
institution, and it would be we'll If it shouId
have opportunity to he recognized as a
bulwsrk 10 support of the rights Of the peo-
! pie and of hhe hr. am truly yours.
! "WINFIELD 8 HAsCooK.
ITO Gen. ". T Sherman. commanding
Army of the United States, Washington,
| D. c."