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actually is." The President would not take it upon himself "to consider the question de jure," he would be content "in merely looking at the question de facto;" but, until "this question of possession" was "distinctly settled," he would not "by any act whatever evince a disposition prematurely to recognize in either claimant the sovereignty of Spain." These views were repeated to the Chevalier de Onis in a subsequent conference, in which he was also informed that as it was "found to be impossible" to give "a formal written answer" to his communications "without recognizing in some degree his public character as well as that of the Supreme Junta, such an answer could not be given." Mr. Erving, who had been representing the United States as chargé d'affaires at Madrid, was at the same time instructed that his communications with the Supreme Junta must be "informal." He was to be careful not to commit his Government; and the question of remaining or withdrawing was left to his sound discretion, to be exercised according to what should take place after the receipt of the Chevalier de Onis's dispatches by the Supreme Junta." "There appears on the files and records of this Department no evidence that Joseph Bonaparte was ever recognized by this Government as King of Spain de jure or de facto. Extracts are herewith inclosed of two letters from the Secretary of State, one to G. W. Erving, in 1809, and the other to Don Pedro Cevallos, in 1815, which will show the course adopted by this Government during the late war in Spain." Mr. Adams, Sec. of State, to Mr. White, Jan. 16, 1822, 19 MS. Dom. Let. 236. "During the period while this Government declined to receive Mr. Onis as the minister of Spain, no consul received an exequatur under a commission from the same authority. The Spanish consuls who had been received before the contest for the government of Spain had arisen, were suffered to continue the exercise of their functions for which no new recognition was necessary."

Consular Functions.

Mr. Adams, Sec. of State, to the President, Jan. 28, 1819, Am. State Pap. For.
Rel. IV. 413.

In an unsigned paper delivered to Mr. Chacon, vice-consul of Spain at Alex-
andria, March 19, 1814, Mr. Monroe stated that the United States would
acknowledge the government of Spain, whenever, the contest for it having
terminated, it was established in some permanent and independent form;
and that the United States would do this "without consulting or commu-
nicating with any other power." This last observation was made with
reference to an intimation that the British commissioners, in the negotia-
tions then expected to be held at Gottenburg, "would insist on the
acknowledgment of the government of Spain by the United States as a
preliminary condition to the formation of any treaty." (MS. Notes to For.
Leg. II. 149.)

@ Mr. Smith, Sec. of State, to Mr. Erving, Nov. 1, 1809, MS. Inst. to U. S. Ministers, VII. 61.

June 9, 1813, Mr. Monroe, as Secretary of State, gave instructions to Mr. Anthony Morris, as a confidential agent to the regency at Madrid. The instructions referred to the efforts made to settle questions with Spain as to claims and boundaries; to the recent taking possession of West Florida, which "belonged" to us; and to the danger of British encroachments in East Florida. The "special object" of his mission was to impress on the regency the friendly policy of the United States. The United States considered the question of West Florida as "settled," but would like to acquire East Florida either as an indemnity for claims, or in trust subject to future negotiation. The unfriendly course of the Chevalier de Onis was also mentioned. October 11, 1814, Mr. Monroe wrote to Mr. Morris, saying that his conduct had been entirely satisfactory, and requesting him, as Mr. Erving had been appointed minister to Spain, to turn over his papers to him and communicate to him any information that he had obtained. (The Nation, April 14, 1898, vol. 66, pp. 281-283.)

Ferdinand VII.

When the Napoleonic wars came to an end, and, the contest in Spain having ceased, "Ferdinand was recognized and received by the nation," the President, seeing "with satisfaction that the period had arrived, when the ancient relations with Spain might be renewed, without compromitting the neutrality of the United States," appointed Mr. Erving as minister to that sovereign and directed him forthwith to repair to Madrid in that character. The Chevalier de Onis, who had continued to reside in the United States, was afterwards received as minister from Spain, a question as to his personal acceptability, which was ultimately waived, having delayed his reception.

Mr. Monroe, Sec. of State, to Don Pedro Cevallos, Spanish minister of State,
July 17, 1815, MS. notes to For. Leg. II. 106.

Duke of Aosta, 1870.

Fish wrote:

The Duke of Aosta having been elected by the Cortes, November 16, 1870, as King of Spain, Mr.

"We have always accepted the general acquiescence of the people in a political change of government as a conclusive evidence of the will of the nation. When, however, there has not been such acquiescence, and armed resistance has been shown to changes made or attempted to be made under the form of law, the United States have applied to other nations the rule that the organization which has possession of the national archives and of the traditions of Government, and which has been inducted to power under the forms of law, must be presumed to be the exponent of the desires of the people until a a rival political organization shall have established the contrary. Your course in the present case will be governed by this rule.

"Should there be circumstances which lead you to doubt the propriety of recognizing the Duke of Aosta as King of Spain, it will be easy to communicate with the Department by telegraph and ask instructions. Should there be no such circumstances, the general policy of the United States, as well as their interests in the present relations

with Spain, call for an early and cheerful recognition of the change which the nation has made."

The Republic, and its Successor.

Mr. Fish, Sec. of State, to Mr. Sickles, Dec. 16, 1870, For. Rel. 1871, p. 742. February 10, 1873, General Sickles reported that the King had announced to the cabinet his desire to abdicate. Next day the Cortes accepted his abdication, and adopted a republican form of government. February 12, General Sickles was instructed to recognize the republican government so soon as it was "fully established and in possession of the power of the nation." He was officially received by Chief Executive Figueras on the 15th. The Congress of the United States, by a joint resolution, extended its congratulations." January 3, 1874, President Castelar resigned, the Cortes was dispersed by military force, and a provisional government was formed under Marshal Serrano. May 30, 1874, Mr. Cushing, who had succeeded General Sickles as minister to Spain, presented his credentials to this government.

5. PORTUGAL.

$ 47.

November 2, 1826, Mr. Barrozo, the Portuguese chargé d'affaires, informed the Secretary of State of the United States Dom Miguel. that on the 27th of the preceding April the constitution, granted by King John VI. in 1826, had been sworn to by the Infant Regent and accepted by the nation. On the 28th of May, 1828, he communicated to the Secretary of State a letter from the Infante Dom Miguel to the President, stating that he had assumed the regency of Portugal in the name of his brother, Dom Pedro IV., as King. On the 18th of July in the same year Mr. Barrozo transmitted to the Secretary of State the text of two decrees of the Regent, Dom Miguel, and declaring that he was unable longer to recognize "a government which, acting in opposition to the constitution, pretends likewise to usurp the sacred and inalienable rights of His Most Faithful Majesty Dom Pedro IV.," announced that he would immediately cease to exercise his functions as diplomatic agent from that Government, and would submit his course to His Most Faithful Majesty in order that he might receive the royal directions. On the 28th of August Mr. Barrozo advised the Secretary of State that a provisional junta had been installed at Oporto on the 20th of May for the purpose of maintaining the legitimate authority of Dom Pedro as King of Portugal under the constitution of 1826. In this note he also stated that when he ceased to exercise his diplomatic functions he did not

a For. Rel. 1873, II. 887-930.

For. Rel. 1874, 852.

Mr. Cushing to Mr. Fish, June 1, 1874, For. Rel. 1874, 885. See, particularly, the dispatch of Mr. Cushing, No. 76, Aug. 14, 1874, id. 904, on the recognition by the United States of de facto governments in Spain, and the salutary effect of this rule.

consider himself as thereby ceasing to be the chargé d'affaires of His Most Faithful Majesty; that although he had previously recognized the authority of the provisional junta, he desired to be officially informed of its installation in order to resume his functions, and that, having received such information, and finding the proceedings of the junta to accord with the constitution, he believed it to be his duty to resume his diplomatic functions as representative of the legitimate King. This note was received at the Department of State in the absence of the Secretary, and was acknowledged by the chief clerk with the simple statement that it would be laid before Mr. Clay on his return. On the 6th of November, 1828, Mr. Barrozo, as chargé d'affaires of Portugal, addressed a note to the Secretary of State, informing him of the arrival in England of the young Queen of Portugal, Dona Maria de Gloria; and on the 27th of the same month, still styling himself chargé d'affaires, announced the abdication of Dom Pedro in favor of his daughter, Dona Maria de Gloria. These notes remained unanswered, and the only communication made by the Department of State to Mr. Barrozo, as chargé d'affaires of Portugal, after his letter of July 18, 1828, was a circular, of March 3, 1829, written by the chief clerk to members of the diplomatic corps, inviting them to attend the inauguration of the President. No official communication was afterwards made to or received from Mr. Barrozo in his character of chargé d'affaires; but on two occasions, when circulars were sent to the members of the diplomatic corps, his name was omitted. From informal conversations with him the Secretary of State understood it to be his intention to await in the United States the result of events at home and the decision of the Government of the United States on the question of recognition. October 3, 1829, Mr. Barrozo, as consul-general of Portugal, announced the cessation of his consular functions, returned his exequatur, and requested his passports, which were sent to him on the Sth of the month. This step on the part of Mr. Barrozo was due to circumstances the narration of which immediately follows.

August 30, 1828, Mr. Torlade d'Azambuja presented himself at the Department of State and delivered to the chief clerk his original letter of credence, which was returned to him at the same interview; and, with a note of the same day, he communicated to the Department a copy of his credentials in the form of a letter from the Viscount Santarem, minister of foreign affairs of Portugal, to the Secretary of State of the United States, of March 31, 1828, introducing him as the appointee of His Highness the Infant Regent of Portugal and the Algarves as chargé d'affaires of Portugal near the Government of the United States. The change which had then taken place in the Government of Portugal rendered it necessary that Mr. Torlade should present new credentials, and his recognition was therefore delayed. March 18, 1829, Mr. Torlade communicated to the Secretary of State

a copy of a new credential letter, dated December 23, 1828, signed by the Viscount Santarem and introducing him as the chargé d'affaires of His Most Faithful Majesty Dom Miguel, and solicited an interview for the purpose of presenting the original. His note remaining unanswered, Mr. Torlade on the 25th of April addressed a note to the Secretary of State, calling attention to it and renewing his request for an interview. This communication likewise remaining unanswered, Mr. Torlade on the 28th of September, 1829, addressed to the Secretary of State another note, setting forth the circumstances attending his residence in Washington and again urging that he be admitted to present his original letter of credence.

About the same time Mr. Rebello, chargé d'affaires, from Brazil, interposed a strong remonstrance against Mr. Torlade's reception, on the ground that Dom Miguel was an usurper of the throne of Dona Maria II., Queen of Portugal, and therefore ought not to be recognized by civilized states; that the rights of that Princess were indisputable, as being immediately derived from her father, Dom Pedro I., Emperor of Brazil, the hereditary and legitimate sovereign of Portugal; and that a recognition of Dom Miguel might jeopard the existing friendly relations between the United States and Brazil. Under these circumstances Mr. Van Buren, who had then become Secretary of State, informed Mr. Torlade, in a personal conference at the Department of State, that the President would wait for information from Mr. Brent, chargé d'affaires of the United States in Portugal, as to the actual situation in Portugal and its probable duration, before determining whether he should be recognized in his public character; and Mr. Brent was instructed to make with all possible dispatch a full report on the subject. From this report it appeared "that Dom Miguel occupies the throne of Portugal as absolute King; that, throughout the whole realm without any exception, his authority as such is recognized and acknowledged, and that he exercises over it complete, uncontrolled, and exclusive dominion." "The moment. then appeared to have arrived," said Mr. Van Buren, "when this Government could no longer forbear from taking a determination upon the subject. Such a course was urged by every consideration of expediency. The two Governments being unrepresented near each other by regularly accredited agents, all diplomatic intercourse was sus

a Mr. Van Buren, Sec. of State, to Mr. Brown, chargé d'affaires to Brazil, Oct. 20, 1830, MS. Inst. Am. States, XIV. 101.

Mr. Van Buren, Sec. of State, to Mr. Brent, chargé d'affaires in Portugal, April 4, 1829, MS. Inst. to U. S. Ministers, XIII. 2.

c Mr. Van Buren, Sec. of State, to Mr. Tudor, chargé d'affaires at Rio de Janeiro, Sept. 4, 1829, MS. Inst. to U. S. Ministers, XIV. 28.