GENERAL WINFIELD SCOTT HANCOCK TO GENERAL SHERMAN

"CARONDELET P. O.,

"ST. LOUIS CO., MO., _December 28th, 1876_.

"MY DEAR GENERAL,--Your favor of the 4th inst. reached

me in New York on the 5th, the day before I left for the West.

I intended to reply to it before leaving, but cares incident to

departure interfered. Then, again, since my arrival here, I have

been so occupied with personal affairs of a business nature that I

have deferred writing from day to day until this moment, and now I

find myself in debt to you for another letter in acknowledgment of

your favor of the 17th, received a few days since.

"I have concluded to leave here on the 29th (to-morrow), p.m., so

that I may be expected in New York on the 31st inst. It has been

cold and dreary since my arrival here. I have worked 'like a Turk'

(I presume that means hard work) in the country, in making fences,

cutting down trees, repairing buildings, etc., etc., and am at least

able to say that St. Louis is the coldest place in the winter, as

it is the hottest in summer, of any that I have encountered in a

temperate zone. I have known St. Louis in December to have genial

weather throughout the month; this December has been frigid, and the

river has been frozen more solid than I have even known it.

"When I heard the rumor that I was ordered to the Pacific coast I

thought it probably true, considering the past discussion on that

subject. The _possibilities_ seemed to me to point that way. Had

it been true I should, of course, have presented no complaint,

nor made resistance of any kind. I would have gone quietly if not

prepared to go promptly. I certainly would have been relieved from

the responsibilities and anxieties concerning Presidential matters

which may fall to those near the throne or in authority within the

next four months, as well as from other incidents or matters which

I could not control, and the action concerning which I might not

approve. I was not exactly prepared to go to the Pacific, however,

and I therefore felt relieved when I received your note informing me

that there was no truth in the rumors.

"Then, I did not wish to appear to be escaping from responsibilities

and possible dangers which may cluster around military commanders

in the East, especially in the critical period fast approaching.

'All's well that ends well.' The whole matter of the Presidency

seems to me to be simple and to admit of a peaceful solution. The

machinery for such a contingency as threatens to present itself has

been all carefully prepared. It only requires lubrication, owing

to disuse. The army should have nothing to do with the selection

or inauguration of Presidents. The people elect the President. The

Congress declares in a joint session who he is; we of the army have

only to obey his mandates, and are protected in so doing only so

far as they may be lawful. Our commissions express that! I like

Jefferson's way of inauguration. It suits our system. He rode alone

on horseback to the capitol (I fear it was the 'old capitol'),

tied his horse to a rail-fence, entered, and was duly sworn; then

rode to the Executive Mansion, and took possession. He inaugurated

himself simply by taking the oath of office. There is no other legal

inauguration in our system. The people or politicians may institute

parades in honor of the event, and public officials may add to the

pageant by assembling troops and banners; but all that only comes

properly after the inauguration, not before, and it is not a part of

it. Our system does not provide that one President should inaugurate

another. There might be danger in that, and it was studiously left

out of the Charter. But you are placed in an exceptionally important

position in connection with coming events. The capitol is in my

jurisdiction also, but I am a subordinate, and not on the spot, and

if I were, so also would be my superior in authority, for there is

the station of the General-in-Chief.

"On the principle that a regularly elected President's term of

office expires with the 3rd of March (of which I have not the

slightest doubt), and which the laws bearing on the subject

uniformly recognize, and in consideration of the possibility that

the lawfully elected President may not appear until the 5th of

March, a great deal of responsibility may necessarily fall upon

you. You hold over! You will have power and prestige to support

you. The Secretary of War is the mouthpiece of a President; you

are not. If neither candidate has a constitutional majority of the

Electoral College, or the Senate and House, on the occasion of the

count, do not unite in declaring some person legally elected by the

people, there is a lawful machinery already provided to meet that

contingency and decide the question peacefully. It has not been

recently used, no occasion presenting itself, but our forefathers

provided it.

"It has been exercised, and has been recognized and submitted to

as lawful, on every hand. That machinery would probably elect Mr.

Tilden President and Mr. Wheeler Vice-President. That would be right

enough, for the law provides that in a failure to elect duly by the

people, the House shall immediately elect the President, and the

Senate the Vice-President. Some tribunal must decide whether the

people have duly elected a President. I presume, of course, that it

is in the joint affirmative action of the Senate and House, or why

are they present to witness the count if not to see that it is fair

and just? If a failure to agree arises between the two bodies there

can be no lawful affirmative decision that the people have elected a

President, and the House must then proceed to act, not the Senate.

The Senate elects Vice-Presidents, not Presidents. Doubtless, in

case of a failure by the House to elect a President by the 4th of

March the President of the Senate (if there be one) would be the

legitimate person to exercise Presidential authority for the time

being, or until the appearance of a lawful President, or for the

time laid down in the Constitution. Such course would be peaceful,

and, I have a firm belief, lawful.

"I have no doubt Governor Hayes would make an excellent President.

I have met him, know of him. For a brief period he served under my

command, but as the matter stands I can't see any likelihood of his

being duly declared elected by the people unless the Senate and

House come to be in accord as to the fact; and the House would,

of course, not _otherwise_ elect him. What the people want is a

peaceful determination of this matter, as fair a determination as

possible, and a lawful one. No other administration could stand the

test. The country, if not plunged into revolution, would become

poorer day by day, business would languish, and our bonds would come

home to find a depreciated market.

"I was not in favor of the military action in South Carolina

recently, and if Genl. Ruger had telegraphed to me or asked for

advice, I would have advised him not under any circumstances to

allow himself or his troops to determine who were the lawful members

of a State Legislature. I could not have given him better advice

than to refer him to the special message of the President in the

case of Louisiana some time before.

"But in South Carolina he had had the question settled 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 the action in the Louisiana case. If the Federal

court had interfered and overruled the decision of the State court

there might have been a doubt certainly, but the Federal court only

interfered to complicate, not to decide or overrule.

"Anyhow, it is no business of the army to enter upon such questions,

and even if it might be so in any other event, if the civil

authority is supreme, as the Constitution declares it to be, the

South Carolina case was one in which the army had a plain duty.

"Had General Ruger asked me for advice, and if I had given it, I

should, of course, have notified you of my action immediately, so

that it could have been promptly overruled if it should have been

deemed advisable by you or other superior in authority. General

Ruger did not ask for my advice, and I inferred from that and

other facts 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 I was, he deemed

it unnecessary. As Genl. Ruger had the ultimate responsibility

of action, and had really the greater danger to confront in the

final action in the matter, I did not venture to embarrass him by

suggestions. He was a department commander and the lawful head of

the military administration within the limits of the department;

but, besides, I knew that he had been called to Washington for

consultation before taking command, and was probably aware of the

views of the administration as to civil affairs in his command.

I 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 sufficiently in accord with the views of our common superiors

to enable him to act intelligently according to his judgment 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 eventual greater responsibility, and so the

matter was governed as between him and myself.

"As I have been writing thus freely to you, I may still further

unbosom myself by stating that I have not thought it lawful or wise

to use Federal troops in such matters as have transpired east of

the Mississippi within the last few months, save so far as they

may be brought into action under the article of the Constitution

which contemplated meeting armed resistance or invasion of a 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 be convened in season, by the Governor; and when the

President of the United States intervenes in that manner it is a

state of _war_, not peace.

"The army is laboring under disadvantages, and has been used

unlawfully at times, in the judgment of the people (in mine,

certainly), and we have lost a great deal of the kindly feeling

which the community at large once felt for us. 'It 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 action

seemingly in conflict with the fundamental law, and thus generally

defer 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 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 exceptional times when there

existed such divergent views as to the correct result. The army

will suffer from its past action if it has acted wrongfully. Our

regular army has little hold upon the affections of the people of

to-day, and the superior officers should certainly, as far as lies

in their power, legally and with righteous intent, act to defend the

right--to us--the _law_ and the institutions we represent. It is a

well-meaning Constitution, and it would be well if it should have an

opportunity to be recognized as a bulwark in support of the people

and _the law_.

"I am, Truly Yours, (Signed) "WINFD. S. HANCOCK.

"_To General W. T. Sherman_, "_Com'd'g Army of the U. S.,

Washington, D. C._"

Letters and Literary Memorials of Samuel J. Tilden, v. 2 · 第 75 / 295 题