Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1869-11-12

We tH1uh, COuOuCG us 10 COnCluSlOu BULL
GENTLY accurate. There are several de-
grees of what is called de fdcto government.
Such a government, in its highest degrees,
assumes character very closely resemo-
ling that of lawful government. This is
when the usurping government expels the
regular authorities from their customary
seats and functions, and establishes itself
in their places, and SO becomes the actual
government of q country. The distin-
gushing characteristics of such govern
ment is that adherents to it in war against
the government de JWre do not incur the
penalties of treason; and, under certain
limitations, obligations assumed by it in
behalf of the country or otherwise will, in
general, be respected by the government
de j,tre when restored.
Examples of this description Of govern
ment de. focto are found in English history.
The statute II, Henry VII, G. I. brit.
Stat. at Large) relieves from penalties for
treason all persons who, in defence OF the
king for the time being, wage war against
those who endeavor to subvert his author
ity by force of arms, though warranted IN
so doing by the lawful monarch, "A Bl
Comm. IT,
But this is where the usurper obtains
actual possession of the royal authority OF
the kingdom not when he has succeeded
ular localities. Being in such possession,
allegiance is due to him as king de tacto.
Another example may be found IN the
government OF England under the Com
monwealth, first by Parliament and after
wards by Cromwell, as Protector. 1t was
not. in the contemplation OF the law, o
, government de .jure, but it was govern
ment de factO in the absolute sense. IL
made laws, treaties and coDquests, which
, remained the laws, treaties and conquests
of England after the restoration. The
better opinion is that acts done in obedl-
ence to this governmtnt could not be just
ly regarded as reasonable, though III hos
tility to the king de jere. Such acts We're
protected from criminal prosecution 10y The
, spirit, if not the letter, of the statute OF
Henry the Seventh It was held other
wise by the judges by whom Sir Henry
, Vane was tried for treason. 3 State Fri
| ais, 49, in the year following the restora-
ton. But such a judgment III such time
has little authority.
| It is very certain that the Confederate
Government was never acknowledged by
the United States as a de Jacto government
} in this sense, nor was it acknowledged as
such by foreign powers. No treaties were
made by it, No obligation Of q national
character was created by it binding, after
it's dissolution. Oh the States which it rep
presented, OF on the national government.
From very early period OF the war to
its close, it was regarded as simply the
military representative of the instruction
against the authority Of the United States
= But there is another description of gov.
eminent, called by publicists government
de fdcto, but which might, perhaps, be
: aptly denominated government OF para
4 mount force. It's distinguishing character
= istic are a. that it's existence is maintain
" ed by active military power within the ter
J ritories and against the rightful authority
It for established and lawful government
: and (2) that while it exists it must neces
y sarily be obeyed in civil matters by pri-
vate citizens, who, by acts OF obedience
rendered in submission to such force, do
N not become responsible as wrong doer;
for these acts, though not warranted by
the laws of the rightful government.
: Actual governments of this sort are estab
lished over districts differing greatly II
Y extent and conditions; they are usually ad
y ministered directly by military authority
r but they may be administered also by clvl
authority, supported more or less by mill
( tary force.
4 One example of this sort of government
O is found in the case of Castine, OF Maine
e reduced to British possession he wa
r. of 1912. From the 1st of September
4 1914, to the ratification of the treaty o
e peace in 1916, according to the ludgmen
!. of the court, in the United States vs.. Hlc
q "A Wheat. 253,) s'the British Government
I. exercised all civil and military authorit.
4 over the place." The authority of 'h
# United States over the territory was is
e pended, and the laws of the United st to
). could no longer be rightfully enforce
"a there, or be obligatory upon the inhabi
A tants who remained and submitted to th
"a conqueror. By the surrender the inhabi
tants passed under temporary alleglanc
: to the British Government, and wer
g. bound by such laws, and such only, as l
J. chose to recognize and impose. 1t is no
|, to be inferred from this that the obhga
,e tons of the people of Castine, as citizen
te of the United States, were abrogated.-
3 They were suspended merely by the pres
d ence, and only during the presence, OF tn
N paramount force. A like example is foun
n in the case of Tampico, occupied dur1n
N the war with Mexico by the troops {
- the United States. It was determir
a ed by this court, in Fleming VI
,e Page g How, 614,) that although Tan
- pico did not become part Of the Unite
"a States in consequence of that occupation
" still, having come together with the whol
10 State of Tamaulipas, OF which 1t was par
~ 1ulO Lu0 eAC1uSlFo POSScoolOA w viz A1
,e tional forces, it must be regarded and n
d spected by other nations as the terrltor
ID of the United States. There were cases {
3e temporary possession of territory by Law
I'd full and regular governments at war wit
nj the country, of which the territory S
ne possessed was part. The central govern
ct ment established for the insurgent State
as differed from the temporary government
in at Castine and Tampico in the circun
is stance that its authority did not original
n in lawful acts of regular war; but it VIZ
re- not on that account less active or less 81
n preme, and we think that it must /
n classed among the governments OF whic
n. these are examples. It is to be observe
i that the rights and obligations Of belli!
Of erent were conceded to it in its milltal
III character, very soon after the war began
D. from motives of humanity and expedlenc.
n by the sUnited States. The whole teri
ct tory controlled by it was thereafter he
al to be the enemy's territory, and the II
n habitants of that territory were held
at most respects for enemies. To the exten
40 then, of actual supremacy, however III