ment, the state remains the same; it neither loses any of its rights, nor is discharged from any of its obligations."
It is apparent from this authority, that the internal sovereignty of Arkansas did not depend upon the recognition of the United States government; and if it did, it is equally clear that Mr. Lincoln, in his inaugural address, as well as in his subsequent proclamations, did recognize the existence of the state governments after they had passed ordinances of secession. After the ordinances of secession of several of the states had been passed, and after the formation of the Confederate States government„ that government sent commissioners to Washington, whom Mr. Seward refused to receive, because, by the principles announced in the president's inaugural address, he was precluded from admitting, "that the states have, in law, or in fact, withdrawn from the federal union." Department files, March 15th, 1861. See acts of congress 1862, apportioning representation to Arkansas.
We have looked carefully into the case of Luther vs. Borden, particularly relied upon by counsel in argument, and although the question in that case was with regard to the acknowledgment of a state government, and in that respect differs from the other cases cited, yet, we do not think it applicable to the state of facts in this case. In that case, two state governments were set up in Rhode Island, each claiming to be the true government. The court when called upon to decide between them, held that it was a political question, which should properly be settled by the executive department, or by the congress of the United States, and that the court was bound by such recognition; that the charter government of Rhode Island having been recognized by the national government, tile court, without further inquiry, would hold that to be the true government. But in the case before us, no such question is presented; there existed but one government in Arkansas at the time the judgment was rendered; that government, like the "charter government," was the original government—a government which continuously existed; and
