Page:Hawkins v. Filkins 01.pdf/2

RhTERM, 1866.] convention can be void except such as were contrary to the allegiance of the people to the federal government; viz. that which attempted to dissolve the connection of the state with the federal government, and those that were auxiliary to that purpose.

Admitting that the state had no power to withdraw from the compact she had entered into with the United States, and that the act by which she attempted to do this was void; that void act could not affect the validity of the constitution and government of the state in other respects: nor was it intended by that convention to destroy the state government, whose existence as such did not depend upon its connection with the United States.

The position of Arkansas in the national government was equal to that of any other state, her rights and responsibilities the same; and her people owed allegiance to the United States to the extent of the powers delegated for national purposes; but the moment the laws which protected the citizen, were suspended by force of the civil war, that allegiance ceased.

If the state of Arkansas was conquered territory, the laws and government in force at the time of the conquest, remained in force until altered by the conqueror.

If the government of Arkansas was entirely revolutionized, and all of its departments usurped by force, without law or protection, and consequently owing no allegiance to any power, the people of the state as of necessity had a right to establish de facto a government for themselves.

The late war between the United States government and that attempted to be established as the Confederate States was a civil war, and the rights of belligerents apply and govern the conduct and rights of both parties; but the rules of conquest over foreign territory do not apply to their full extent; nor were the civil governments of the states overturned by the result.

The only principle settled by the late civil war, is, that no state has the power to dissolve its connection with the federal government—the powers of the two governments, state and federal, remaining the same—the rights of the people the same.

The state courts derive no power or authority to adjudicate from the United States, but from the constitution and laws of the state government, whose power as to its municipal affairs is independent of any other government.

The state of Arkansas did not, either by the passage of the ordinance of secession, by which she unsuccessfully attempted to dissolve her connection with the United States government, or by any subsequent act of hers, suspend or destroy the existence of her state government.

The government of the state continued to exist de jure, from the time she attempted to secede, until suspended by the action of the convention of 1864; and the acts of the state government during that period, were valid and binding as though no attempt had been made to secede.