Page:Hawkins v. Filkins 01.pdf/29

314Rh abundant evidence that the existence of the state government of Arkansas, was fully and explicitly acknowledged by the executive department of the nation, in the president's proclamation of the 22d September, 1862, in which he expressly declares: "that the war has been and will still continue to be prosecuted to restore the relations between the United States and each of the states and the people thereof, in which the relation is, or may be suspended or disturbed;" as well as by the legislative department, in the act of congress of the United States, approved 4th March, 1862, apportioning to Arkansas her full representation.

We have reserved a reference to the following authority, as more appropriately connected with this precise question, and upon a careful consideration of it, we think it will be found highly applicable to, and in a great measure decisive of, the question under consideration. We prefer, therefore, to refer to it by giving the language of the learned writer on international law, Mr. W, who, at page 56, says: "Sovereignty is acquired by a state, either at the origin of the civil society of which it is composed, or when it separates itself from the community of which it previously formed a part, and on which it was dependent. This principle applies as well to internal as to external sovereignty. But an important distinction is to be noticed, in this respect, between these two species of sovereignty. The internal sovereignty of a state, does not in any degree depend upon its recognition by other states. The existence of the state de facto, is sufficient in this respect, to establish its sovereignty de jure. It is a state because it exists." At page 57, the same writer says: "The identity of a state consists in its having the same origin or ccimmencement of existence; and its difference from all other states consists in its having a different origin or commencement of existence.  This existence continues until it is interrupted by some change affecting the being of the state. If this change be an internal revolution, merely altering the municipal constitution, and form of