November 05

Government De Facto.

A government of fact. A government actually exercising power and control in state, as opposed to the true and lawful government; a government not established according to the constitution of the state or not lawfully entitled to recognition or supremacy, but which has nevertheless supplanted or deemed unlawful, or deed wrongful or unjust which, nevertheless, receives presently habitual obedience from the bulk of the community. Austin. Jur. 324

There are several degrees of what is called "de facto government." Such as a government, in its highest degree, assumes a character very closely resembling that of a lawful government. This is when the usurping government expels the regular authorities from their customary seats and functions, and establishes itself in their place, and so becomes the actual government of a country. The distinguished characteristic of such a government is that adherents to it in war against the government de jure do not incur the penalties of treason; and under certain limitations, obligations assumed by it in behalf of the county or otherwise will, in general, be respected by the government de jure when restored.

Such a government might be more aptly denominated a "government of paramount force", being maintained by active military power against the rightful authority of an established and lawful government, but they may be administered, also, by civil authority, supported more or less by military force. Thornton v. Smith, 8 wall. 8, 9, 19 L. Ed. 361