The story of the Congo Free State : $b Social, political, and economic aspects of the Belgian system of government in Central AfricaWack, Henry Wellington
History
The story of the Congo Free State : $b Social, political, and economic aspects of the Belgian system of government in Central Africa
Wack, Henry Wellington
Belgium -- Colonies -- Africa -- Administration; Congo (Democratic Republic) -- History -- To 1908
The Constitution of the United States defines the term _State_ as
combining the idea of people, territory, and government. Defining
the difference between a government in law and a government in fact,
Montague Bernard says, in _Neutrality of Great Britain during
American Civil War_: “A _de jure_ government is one which, in the
opinion of the person using the phrase, ought to possess the powers
of sovereignty, though at the time it may be deprived of them. A
_de facto_ government is one which is really in possession of them,
although the possession may be wrongful or precarious.”
In Tharington _v._ Smith, 8 Wallace, 8-11, the Court said:
There are several degrees of what is called _de facto_ government.
Such a government in its highest degree assumes a character very
closely resembling that of a lawful government.... There is
another species of _de facto_ government, and it is one which
may be perhaps aptly called a government of paramount force.
Its distinguishing characteristics are: That its existence is
maintained by active military power, within the territories ... etc.
In Wheaton’s _Elements of International Law_, the latest edition of
the leading authority on the subject, the author maintains that:
The recognition of any State by other States, and its admission
into the general society of nations, may depend, or may be made
to depend, at the will of those other States, upon its internal
constitution or form of government, or the choice it may make
of its rulers. But whatever be its internal constitution, or
form of government, or whoever may be its rulers, or even if it
be distracted with anarchy, through a violent contest for the
government between different parties among the people, the State
still subsists in contemplation of law, until its sovereignty is
extinguished by the final dissolution of the social tie, or by some
other cause which puts an end to the being of the State.
... The internal sovereignty of a State does not, in any degree,
depend upon its recognition by other States. A new State, springing
into existence, does not require the recognition of other States to
confirm its internal sovereignty. 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.
Thus the internal sovereignty of the United States of America was
complete from the time they declared themselves “free, sovereign
and independent States,” on the 4th of July, 1776.... The treaty of
peace of 1782 contained a recognition of their independence, not a
grant of it.
The external sovereignty of any State, on the other hand, may
require recognition by other States in order to render it perfect
and complete. So long, indeed, as the new State confines its action
to its own citizens, and to the limits of its own territory, it may
well dispense with such recognition.
Public-domain text, read in full here on John Shaqi.
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