Des Arc weekly citizen., 1867-08-03
SOUTHERN POLITICS.
SPLENDID SERIES OF PATRI-
 OTTO PAPERS.
NOTES ON THE sITuATIoN-No. G.
BY HON. B. H. HILL, OF GEORGIA.

Of all the pretexts which have been used to justify the oppression of the Southern people, none ie so faithiess in character, or so destitute of founda- tion in truth and law, as the one that the Southern States and people, being conquered, are subject to the will of the conqueror. It is time our people fully undestood this question. They need the information to protect them their own active Southern-born coun- selors. We might be surprised at the ignorance, if we did not know the treachery of the motives, of those who, in this day of civilization, labor so earnestly to fix in the minds of our people the idea that where one party yields to another in war, the yielding party submits thereby all rights of person and property and of political government to the will of the conquer or. And that such advice should be given by those among us who profess to be actuatcd for our good can be ex- plained only on the hypothesis that the real purpose is to betray for consid- eration.
 The late war was either a rebellion, or it was civil war, or it was for eign war. Each name has it's advo- cates. Others again give the war either of all these characters by turns, as the giving of either or all can be supposed to justify some oppression to the unsuccessful party to the conflict. shall not stop to prove that it was, what history only can call it, civil war. Whether it was one or the other there is no question in all international or municipal law better settled, or set tied on more manifest foundations of natural reason, social justice and pub. lie faith, than is the question of rights and powers of the conqueror, and the obligations and duties of the con- quered.
 All conflicts whether between sov- ereign and his subjects, or between two parties in government or repub- lie, or between two independent na- tions, are founded on some question, some difference, making an issue be- tween the parties which reason has not been able to settle. The parties take up arms to solve the question and set tie the issue between them.
 Every war ends by compromise, or by one party yielding to the other either on terms or without terms. If the end is by compromise, the terms of the compromise constitute the law of the peace. If one party surrender on terms, the law of peace is the issue of the fight qualified by the terms of surrender; if the surrender is without terms, then all the questions involved in the issue are settled in favor of the conqueror; but no question not dis tinctly involved is settled or affected.
 Now, two things must be distinctly understood and fixed in the mind of the reader:
 l. Where must we look to find the terms on which the conflict ends, and which make the law of the peace be- tween the parties?
 7. At what time must these terms be made known or agreed upon?
 Wars between independent nations arc usually ended by treaty, and, of course, we must look to the treaty of peace to find the terms of the peace. What is not found in the treaty is not settled. So also in civil wars-treaties are sometimes made and have the same force and effect as when made between independent nations. Usually, how ever, treaties are not made between parties to civil war or a rebellion, be- cause the sovereign or party claiming to be the legitimate government will not treat with those whom they persist in calling rebels, because to treat with them is to admit s sort of implied in- dependence or auli: ority. In all such cases, in order to find tho terms of the peace, we must look to the causes or differences which actuated the palr,. a in taking up arms, to the declarations and demands of the parties at the time of beginning aud during the progress of the struggle; to the promises made or assurances proclaimed by the victor to induce the adversary to lay down his arms, and to the negotiations and terms of the surrender. Whatever is not there found is not settled, and forms no part whatever of the terms of peace. l need not add that all the treaties, declarations and promises are to be interpreted, not according to the discretion of either party, but in the light and according to the rules of the laws of nations and the established principles of natural justice and good faith.
 In the next place it must be stated that whatever either party, ill case of a compromise or treaty, or the victor in case of surrender, intends to demand as condition of the peace, must be made known before or at the time the treaty is made, or before or at the time the surrender is accepted, No party agrees to what is not made known, or surrenders to what Is not claimed. To demand new guaraatics after treaty has been made, IS A BREACH OF THE TREATY; and to prescribe new terms of surrender after the surrender has been accepted is deemed infamous by all mankind, and in both cases is held to be a new and just cause of war. And when such conduct is exhibited toward all adversary who has given up his arms and submitted to the victor and is thereby unable to renew the war, the party guilty of it has no claim to the confidence or respect of any people, for he brings the faith of promises into disrepute.
 "The faith of treatics-constancy in fulfill ing our epgagementsis 10 be held sacred and inviolable, and if mankind be not wilful- ly deficient in their duty to themselves, infa- my must ever be the portion of him who violates his faith. And in general the sovereign. whose word ought ever to be sacred, is bound to the faithful observance of every promise he has made, spea Co re6eis-I mean to such of his subjects as have rebeiled Ssf6out reason or necessity"
 s.But tyrants alone will treat as seditious those brave and resolute citizens who exhort the people to preserve themselves from oppression, and to yindicate their rights and privileges. If good prince has justice and his duty at heart--if he aspires to that immortal and unsullied glory of being the father of his people-let him mistrust the selfish suggestions of that minister who rep resents 10 him as rebels those citizens who do not stretch out Ms,r nscks to the yoke of sla-