The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1907-04-21

j.
nor purpose Of oVerthrowing or interfer-
ing with the rights or established institu-
tons of the States, but to defend and
maintain the supremacy of the Union
and to preserve the Union with all the
dignity. equality and rights of the several
States unimpaired; and as soon as these
objects are accomplished the war ought
to cease"
Again. Congress declared a fixed de-
termination to maintain the supremacy
of the Government and the integrity of
the Union of all these United States
This passed the Senate with the opposi-
ton of but a single vote
Again and again. by executive procla-
ma ton and by congressional resolution
the Southern States were assured in
every authoritative form that they were
states in the Union, and that they had
only to lay down their arms in order
that their seats in Congress were vacant.
and they had only to return to take
them.
The war closed in 1865 by the surren-
der of the Southern armies in the field.
The terms of surrender were only a
repetition OF these oft-repcated congress
Sional and executive assurances. There
was absolutely nothing. by act or declara-
ton of the Federal Government prior 10
or at the time OF surrender, to indi-
cate the policy that the Federal Govern
ment pursued towards tho Southern
States after they had surrendered. and
the remnants of the southern armies
Wen a-,d truly did President Davis
say, in 1873, in ar address delivered be
lUiE l4iG southern historical society. IN
Virginia. that. we were more cheated
than conquered into SIrrendGr. :, .----z----
The Sole Issue involved.
The sole issue involved in the war be-
federate States was the right of seces-
sion. The Southern States contende6 that
they had the sovereign right to Withdraw
from the Union; the Federal Government
contended that they did not but were
still States in the Union. That was the
sole issue involved; and the war settled
11tWH Na0N Nl1Nsr,
States surrendered. they accepted in good
faith and for all time, the contention of
the Federal Government that secession
was null and void. and that they were
States. and States in the Union. L quote
from Ben Hills Notes on the Situation: -
THE late war was either a rebellion. or
it was a civil war. or 1t was a foreign
war. Each name has its advocates: 9TH
ers. again, give the war either or all
Of these characters by turns, the Civ
| Ing of either or all can be supposed &c
| justify some oppression the unsuc-
cessful party to the conflict. shall not
stop to prove that II was what history
| can only call it-a civil war. Whether
| 1t was the the other, there is no
question in all international municipal
| law better settled. settled on more
manifest foundations of natural reason
social justice, and public faith. than is
the question of the rights and powers
of the conqueror and the rights and OBJ
| legations of the conquered. All conflicts
whether between a sovereign and his sub
jects, or between two parties in gov
| eminent or republic. or between two in
dependent nations. are founded on some
question. some difference. making an is
sue between the parties which reason
has not been able to settle. The parties
| take up arms TO solve the question and
| settle the issue between them
| Every war ends by compromise. or by
one party yielding TO the other. either
on terms without terms. If the end
/ is by compromise the terms of the COM
| If one party surrender on terms the Law
| of peace is the issue of the fight, quail
| the surrender is without terms. then al
/ the questions involved in the issue are
| settled in favour Of the conqueror; but
| no question not distinctly involved, is set
tied or affected.
The Terms of Surrender.
| Now. two things must be distinctly
understood and fixed in the minds OF
the readers: First, where must We looi
to find the terms on which the conflici
ends. and which makes the law of tht
peace between the parties? Second. Al
what time must these terms be made
known or agreed upon?
! Wars between independent nations ARD
/ usually ended by treaty. and, of course
we must look to the treaty OF peace Il
| find the terms of peace. What is not
found IN the treaty IS not settled. =
also in civil wars. Treaties are some
effect as when made, between independ-
cnt nations Usually, however, treatie:
are not made between parties to ciVi
war or a rebellion, because the sovereign
party, claiming to he the legitimate gov
eminent. will not treat with those whom
they persist in calling rcbelS-becauSe q
treat with them is to admit "A sort o
implied independence or authority. In al
| such cases. in order to find the term:
| of the peace. we must look TO the cause:
or differences which actuated the paTtie:
in taking up armS-to the declarations
and demands of the parties at the tin'
I Of the beginning and during the progress:
OF the struggle: to the promises made n
assurances proclaimed by the victor t
| induce the adversary TO lay down hi
arms. and to the negotiations and term!
of the surrender. Whatever is not Their
found is not settled. and forms no par
I whatever of the terms of peace.
| II need not add that all the treaties
declarations and promises are to be inter
preted. not according to the discretion
| of either party. but in the light AM
| according to the rules of the laws O
nations, and the established principles o
natural justice and good faith.
In the next place. il must be state
that whatever either party. in case o
a compromise or a treaty. or the victor
in case of a surrender, intends TO de
mand. as a condition of the peace, mus
be made known before or at the tim
the treaty Is made. or before or at tn
time the surrender is accepted. No part
agrees 70 what is not made known, q
surrenders to what is not claimed T
demand new guarantees after treat
has been made. is a breach of the treaty