Page:Hawkins v. Filkins 01.pdf/5

290Rh ''Ib. Lawrence's Wheat., 36, 37 and note 15; McIlvaine vs. Cox's Lessees, 4 Cranch, 212; 1 Burrill's Dic., Word "de facto."''

Thus the legislature of the state of Arkansas, at the session of 1860 and '61, (see Acts of 1860, p. 214,) pursuant to the provisions of the constitution of the United States and the constitution of the state of Arkansas, called the convention of the people, which afterwards, on the 6th day of May, 1861, attempted to separate the state of Arkansas from the United States; this convention was duly elected by the people of the state of Arkansas, every county being represented, and organized the government, which, without any sensible or material opposition, governed the state of Arkansas until September, 1863, the capital of the state was occupied by the United States forces; and the present state gevernment was adopted and organized, pursuant to the suggestions of the late president L, and put in force on the 18th day of April, A. D. 1864.

Thns it will be seen, that Arkansas, as far as she is concerned, never was conquered by the people of Arkansas, but by the United States, and therefore, the questions of what rights of person and property her citizens retained, as citizens of a conquered country, is not properly in issue; but even admitting, for the sake of argument, that Arkansas is a conquered country, then what is the status of her citizens, and what are their rights of person and property as citizens of a conquered country, under the "law of nations."

"When one country conquers or succeeds to another, all private contracts, &c., are left as they are found, as well as their laws, customs and usages, not inconsistent with the paramount right of the conquering power; this is to protect society itself." ''Vide 2 Burlamaqui, p. 2, 14—clauses 14 and 15; Crabb's History of English Law, 452; Tucker's Black. Com., chapter 1, page 107; 1 Sharshwood Black., 204; Ware vs. Hilton, 3 Dallas, 199; [1 Con. Rep., 127] 1 Bishop's Cr. Law, sec. 7, et seq. and notes.''

Particularly, United States vs. Powers, 11 How., 570;