inquiry" of Cardinal Antonelli, and if, "contrary to any reasonable expectation," the report should be confirmed, to express regret at the proceeding, which must "compel a suspension at least of diplomatic intercourse," and to that end to request his passports and retire to Switzerland, or such other quarter as he might think proper, and there await further instructions. The reply of Mr. King satisfactorily disposed of the rumors." (Mr. Seward, Sec. of State, to Mr. King, July 19, 1864, MS. Inst. Papal States, I. 78; same to same, Sept. 21, 1864, id. 80.) 12. HAYTI AND SANTO DOMINGO. § 39. President Lincoln, in his annual message of December 3, 1861, expressed the opinion that the independence of Hayti should be recognized, and suggested to Congress the expediency of providing for a chargé d'affaires to that country. By the act of June 5, 1862, the President was authorized to appoint a "diplomatic representative," who was to be accredited as commissioner and consul-general. July 12, 1862, Mr. Benjamin F. Whidden was commissioned to act in that capacity. The Dominican Republic was recognized September 17, 1866, on which day an exequatur was issued to Mr. J. W. Currier as Dominican consul-general at New York. 7, 1875. 13. CASE OF CUBA. § 40. "Where a considerable body of people, who have attempted to President Grant's free themselves of the control of the superior govMessage, December ernment, have reached such point in occupation of territory, in power, and in general organization as to constitute in fact a body politic, having a government in substance as well as in name, possessed of the elements of stability, and equipped with the machinery for the administration of internal policy and the execution of its laws, prepared and able to administer justice at home, as well as in its dealing with other powers, it is within the province of those other powers to recognize its existence as a new and independent nation. In such cases other nations simply deal with an actually existing condition of things, and recognize as one of the powers of the earth that body politic which, possessing the necessary elements, has, in fact, become a new power. In a word, the creation of a new state is a fact. "To establish the condition of things essential to the recognition of this fact, there must be a people occupying a known territory, united under some known and defined form of government, acknowledged by those subject thereto, in which the functions of government are administered by usual methods, competent to mete out justice to citizens and strangers, to afford remedies for public and for private wrongs, and able to assume the correlative international obligations and capable of performing the corresponding international duties resulting from its acquisition of the rights of sovereignty. A power should exist complete in its organization, ready to take and able to maintain its place among the nations of the earth. "While conscious that the insurrection in Cuba has shown a strength and endurance which make it at least doubtful whether it be in the power of Spain to subdue it, it seems unquestionable that no such civil organization exists which may be recognized as an independent government capable of performing its international obligations and entitled to be treated as one of the powers of the earth. A recognition under such circumstances would be inconsistent with the facts, and would compel the power granting it soon to support by force the government to which it had really given its only claim to existence. In my judgment, the United States should adhere to the policy and the principles which have heretofore been its sure and safe guides in like contests between revolted colonies and their mother country, and, acting only upon the clearest evidence, should avoid any possibility of suspicion or of imputation." President Grant, seventh annual message, December 7, 1875. land's Message, * * * "The insurrection in Cuba [that broke out in February, 1895] still continues, with all its perplexities. If Spain President Cleve has not yet reestablished her authority, neither have December 7, 1896. the insurgents yet made good their title to be regarded as an independent state. Indeed, as the contest has gone on, the pretense that civil government exists on the island, except so far as Spain is able to maintain it, has been practically abandoned. Spain does keep on foot such a government, more or less imperfectly, in the large towns and their immediate suburbs. But, that exception being made, the entire country is either given over to anarchy or is subject to the military occupation of one or the other party. It has been and is now sometimes contended that the independence of the insurgents should be recognized. But imperfect and restricted as the Spanish government of the island may be, no other exists there, unless the will of the military officer in temporary command of a particular district can be dignified as a species of government." * * President Cleveland, annual message, December 7, 1896. "Turning to the question of recognizing at this time the independence of the present insurgent government in Cuba, we President McKin- find safe precedents in our history from an early day. They are well summed up in President Jackson's message to Congress, December 21, 1836, on the subject ley's Message, April 11, 1898. * * These are of the recognition of the independence of Texas. the words of the resolute and patriotic Jackson. They are evidence that the United States, in addition to the test imposed by public law as the condition of the recognition of independence by a neutral state (to wit, that the revolted state shall constitute in fact a body politic, having a government in substance as well as in name, possessed of all the elements of stability,' and forming de facto, 'if left to itself, a state among the nations, reasonably capable of discharging the duties of a state'), has imposed for its own governance in dealing with cases like these the further condition that recognition of independent statehood is not due to a revolted dependency until the danger of its being again subjugated by the parent state has entirely passed away. "This extreme test was, in fact, applied in the case of Texas. The Congress to whom President Jackson referred the question as one 'probably leading to war,' and therefore a proper subject for a previous understanding with that body by whom war can alone be declared and by whom all the provisions for sustaining its perils must be furnished,' left the matter of the recognition of Texas to the discretion of the Executive, providing merely for the sending of a diplomatic agent when the President should be satisfied that the Republic of Texas had become an independent state." It was so recognized by President Van Buren, who commissioned a chargé d'affaires March 7, 1837, after Mexico had abandoned an attempt to reconquer the Texan territory, and when there was at the time no bona fide contest going on between the insurgent province and its former sovereign. "I said in my message of December last, 'It is to be seriously considered whether the Cuban insurrection possesses beyond dispute the attributes of statehood which alone can demand the recognition of belligerency in its favor.' The same requirement must certainly be no less seriously considered when the graver issue of recognizing independence is in question, for no less positive test can be applied to the greater act than to the lesser; while, on the other hand, the influences and consequences of the struggle upon the internal policy of the recognizing state, which form important factors when the recognition of belligerency is concerned, are secondary, if not rightly eliminable, factors when the real question is whether the community claiming recognition is or is not independent beyond peradventure. "Nor from the standpoint of expediency do I think it would be wise or prudent for this Government to recognize at the present time the independence of the so-called Cuban Republic. Such recognition is not necessary in order to enable the United States to intervene and pacify the island. To commit this country now to the recognition of any particular government in Cuba might subject us to embarrassing conditions of international obligation toward the organization so recognized. In case of intervention our conduct would be subject to the approval or disapproval of such government. We would be require o submit to its direction and to assume to it the mere relation of a friendly ally. "When it shall appear hereafter that there is within the island a government capable of performing the duties and discharging the functions of a separate nation, and having, as a matter of fact, the proper forms and attributes of nationality, such government can be promptly and readily recognized and the relations and interests of the United States with such nation adjusted." President McKinley, special message, April 11, 1898, H. Ex. Doc. 405, 55 Cong. 2 sess., 8-10. "Both the legislative and executive branches of the government concurred in not recognizing the existence of any such government as the Republic of Cuba." (Neely v. Henkle (1901), 180 U. S. 109, 125.) The joint resolution of Congress approved April 20, 1898, declaring the people of Cuba to be free and independent, and Joint Resolution, directing the President to use the Army and Navy for April 20, 1898. the purpose of causing the withdrawal of the Government of Spain from the island," is given hereafter in the chapter on "Intervention." The independent government of the Republic of Cuba was formally installed May 19, 1902. 14. RECOGNITION OF EUROPEAN STATES. § 41. By the congress of Vienna Belgium and Holland were united, the Belgic provinces being placed under the sovereignty of Belgium. the King of the Netherlands." In September, 1830, the Belgians declared their independence. October 14, 1831, the plenipotentiaries of Austria, France, Great Britain, Prussia, and Russia, in conference at London, agreed upon twenty-four articles as a basis of a definite arrangement between the two countries. This arrangement was not accepted by the Netherlands, and on November 15, 1831, the plenipotentiaries above mentioned, together with a plenipotentiary of the King of the Belgians, signed at London a treaty by which it was agreed that Belgium should form "an independent and perpetually neutral State." The United States recognized the independence of Belgium by issuing an exequatur to the Belgian consul at New York January 6, 1832. Greece. September 30, 1825, the British Government issued a proclamation of neutrality with reference to the contest in which the Ottoman Porte and Greece had been "for some years past engaged." By a protocol signed at St. Petersburg March 23/ a 30 Stat. 738. Hertslet's Map of Europe by Treaty, I. 40, 37, 248. Hertslet, Map of Europe by Treaty, II. 858, 863, 980. The treaty of 1831 was superseded by the treaty of April 19, 1839, id. 979. d Hertslet, Map of Europe by Treaty, I. 731. April 4, 1826, Great Britain and Russia agreed to offer their mediation on the basis of the recognition of Greece as a tributary dependency by the Ottoman Porte." By a treaty signed at London July 6, 1827, Great Britain, France, and Russia agreed to offer their mediation to Turkey on the same basis, and coincidently to make to the contending parties a demand for an immediate armistice, as a preliminary and indispensable condition to the opening of any negotiations. The independence of Greece was further guaranteed by an agreement between the same powers December 12, 1828. Meanwhile war had broken out between Russia and Turkey, and on September 9, 1829, the Porte adhered to the treaty of London of July 6, 1827, and declared that it would subscribe to all the decisions which the London conference should adopt. By Art. IX. of the treaty of peace with Russia signed at Adrianople September 14, 1829, Turkey adhered to the protocol adopted by the London conference on the 22d of the preceding March, by which the independence of Greece was guaranteed, under the suzerainty of the Porte. By a convention signed at London May 7 1832, between Great Britain, France, and Russia on the one part and Bavaria on the other, the former powers, "duly authorized for this purpose by the Greek nation," offered the crown of Greece to Prince Frederick Otho of Bavaria, second son of the King of Bavaria, who accepted it in behalf of his son, then a minor.ƒ "The undersigned Secretary of State of the United States has the honor to acknowledge the receipt of a note signed by the ministers plenipotentiary of Great Britain, France and Russia dated the 18th of April instant. "By this note the said ministers plenipotentiary are pleased to communicate to the Government of the United States that the courts of Great Britain, France and Russia, contracting parties to the public acts by which Greece has been constituted an independent state, and duly authorized by the Greek nation, have called to the sovereignty of this new state, the Prince Otho of Bavaria, and that this prince has taken the title of King of Greece by virtue of this arrangement, that in pursuance of a convention, signed the 7th of May last, and ratified on the 30th of June following by His Imperial Majesty the Emperor of all the Russias and their Majesties the Kings of Great Britain and of France and by the King of Bavaria, as tutor of his son, the Prince Otho, the three courts by which the said ministers plenipotentiary are accredited to the Government of the United States had engaged to request from other Governments the recognition of Prince Otho as King of Greece and that in accordance with this stipulation, the said a Hertslet, Map of Europe by Treaty, I. 741. b Id. I. 769. c Id. II. 798. d Id. II. 812. ƒ ld. II. 893. |