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a conference with the President of the Republic and entering, as you did, into the unnecessary explanation of the secret motives of your conduct, you committed a breach of diplomatic usage. Had you desired to attend the entertainment, an intimation to the minister of foreign affairs that you attended in a friendly and informal capacity merely, pending the receipt of instructions to proceed to formal recognition, would have abundantly guarded your official responsibility. Had you had personal reasons for not wishing to attend, the usages of polite intercourse were adequate for the expression of your regret."

Mr. Evarts, Sec. of State, to Mr. Baker, June 14, 1879, MS. Inst. Venezuela,
III. 67.

In his No. 188, of Dec. 25, 1879, Mr. Baker reported the reception of a note
from the newly appointed minister of foreign relations of Venezuela,
requesting him to regard as not received a note previously sent officially
informing him of the minister's appointment. Mr. Evarts replied:
"I am not disposed to regard this note as possessing of itself alone the excep-
tional gravity you attach to it. It is not in any sense a personal incivility
toward you.
Your relations with the Venezuelan government being
purely unofficial and friendly merely, you can not expect that government
to place you on the same official footing as the representatives, duly
accredited, of powers maintaining full official relations with the govern-
ment of General Guzman Blanco. That an official announcement was
sent to you in common with them may have been an oversight, which the
minister hastened to rectify by resorting to the diplomatic fiction of
regarding the communication as non avenue, a friendly and proper step
and not as liable to be construed offensively as would have been the formal
recall of the paper from your files.

"The minister's note is not understood as foreshadowing the termination of
the unofficial relations you have so long held with his government. Only
an interruption of actual intercourse on the basis heretofore made clear to
you by the instructions of this Department would present a question of
recalling the representative of the United States from Venezuela." (Mr.
Evarts, Sec. of State, to Mr. Baker, Jan. 22, 1880, MS. Inst. Venezuela,
III. 87.)

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In the spring of 1880, the Venezuelan Congress having met and elected General Guzman Blanco President, it was decided, notwithstanding that the questions relating to the indemnity and to claims had not been settied, to give him formal recognition. "By this proceeding [the election of Gen. Guzman Blanco as President by the Venezuelan Congress] the sanction of the people of Venezuela is,” said Mr. Evarts, "deemed to have been as freely and completely given to the administration of President Guzman Blanco as can be reasonably expected in countries so subject to sudden and violent political change as are those of Spanish America, and no good cause could longer be perceived for withholding the due recognition of the government so sanctioned and inaugurated.”«

a Mr. Evarts, Sec. of State, to Mr. Baker, April 27, 1880, MS. Inst. Venezuela, III. 99. Mr. Comacho was officially recognized as chargé d'affaires on April 20, 1880, by a note addressed to him by Mr. Evarts, as Secretary of State, on that day. (MS. Notes to Venezuela, I. 197.)

In 1892 the minister of the United States was instructed to recognize the de facto government of General Crespo if it was accepted by the people, in possession of the power of the nation, and fully established."a

Crespo Government.

66

August 7, 1899, "the insurgent faction in the state of Los Andes under Gen. Cipriano Castro" was reported to be Castro government. completely defeated." September 5, however, the revolutionists were "gaining strength." September 14 President Andrade left Caracas to take command of the government forces in the field. September 14 Valencia was taken by the revolutionists, and the president returned to Caracas. September 23 it was the general opinion at Caracas that the government would fall. October 20 the president abruptly left Caracas, and embarked at La Guaira for a place unknown. The vice-president assumed power and appointed a new cabinet, the previous one having resigned; but, owing to the unconstitutional manner of the president's departure, there were doubts as to the validity of the vice-president succeeding him. In response to an inquiry whether the government should be recognized, the following instruction was given: "Wait events. Can not assume to judge conditional title. Test of recognition is complete regency of affairs by de facto government capable of fulfilling international obligations. Meanwhile transact necessary business with locally responsible authorities."/

October 22 General Castro arrived in Caracas and "was heartily welcomed." Next day the "acting vice-president" turned over the government to him." On the night of October 26 General Hernandez, who had been fighting the Andrade government and supporting General Castro, left Caracas with about 2,000 men to begin an uprising against the de facto government." The de facto government was then "fairly well established. The minister of the United States requested authority to recognize it when the proper time had arrived. The Department of State replied: "If the provisional government is effectively administering government of nation and in position to fulfill international obligations, you will enter into de facto relations."j

a Mr. Foster, Sec. of State, to Mr. Scruggs, telegram, Oct. 12, 1892, For. Rel. 1892, p. 635. Mr. Scruggs telegraphed notice of the formal recognition of the new government, Oct. 23, 1892. (For. Rel. 1892, p. 635.)

For. Rel., 1899, 793.

c Id. 795.

d Id. 796-797.

e Id. 797.

ƒ Mr. Hay, Secretary of State, to Mr. Loomis, minister to Venezuela, telegram, October 23, 1899, For. Rel., 1899, 802.

g For. Rel., 1889, 802.

h Id. 803.

i Id. 803, 805.

j Mr. Hay, Secretary of State, to Mr. Loomis, minister to Venezuela, telegram, November 8, 1899, For. Rel. 1899, 809.

November 20, 1899, the minister reported that he had on that day "entered into official relations with the de facto government of General Castro," who had assured him that he possessed the machinery of government throughout the Republic and had the support of the State governments. The entrance into relations had been delayed in order to see whether anything would come of the movement begun by General Hernandez, but he had "not once offered battle or shown any disposition to fight." The act of recognition was approved.

"Venezuela has once more undergone a revolution. The insurgents, under General Castro, after a sanguinary engagement in which they suffered much loss, rallied in the mountainous interior and advanced toward the capital. The bulk of the army having sided with the movement, President Andrade quitted Caracas, where General Castro set up a provisional government with which our minister and the representatives of other powers entered into diplomatic relations on the 20th of November, 1899.”"

President McKinley, Annual Message, Dec. 5, 1899.

Bolivia: Melgarejo
Government.

11. BOLIVIA; ECUADOR.

$ 53.

Premising his instructions with the statement that the United States did not hasten to recognize revolutionary governments," but waited "to see grounds for regarding them as permanently organized and firmly established," Mr. Seward approved the course of the minister of the United States in declining to recognize, officially, the provisional government of Bolivia," which had "supplanted the administration of General Acha, through a revolution effected by General Melgarejo, by force of arms;" and directed him, if his course was objected to by the ruling authority in Bolivia, to ask for his passports, return within convenient reach, and report his proceedings." Six months later the minister was instructed that, under the peculiar circumstances surrounding the questions pending between the South American republics on the Pacific and the Government of Spain, the President deemed it expedient "to recognize the actual government of Bolivia, if that government has become truly and in fact consolidated.” d Soon afterwards positive instructions were given to recognize "the actual government now in power, namely, that of President Melgarejo," by the presentation of credentials."

a For. Rel., 1899, 809–810, 811–812.

b Id. 812.

e Mr. Seward, Sec. of State, to Mr. Hall, Sept. 28, 1865, MS. Inst. Bolivia, I. 80. See, as to the revolution, Dip. Cor. 1866, II. 327 et seq.

d Mr. Seward, Sec. of State, to Mr. Hall, April 21, 1866, Dip. Cor. 1866, II. 330. Mr. Seward, Sec. of State, to Mr. Hall, July 10, 1866, Dip. Cor. 1866, II. 331.

"Early in the year the peace of Bolivia was disturbed by a successful insurrection. The United States minister remained at

Revolution of 1899. his post, attending to the American interests in that quarter, and using besides his good offices for the protection of the interests of British subjects in the absence of their national representative. On the establishment of the new government our minister was directed to enter into relations therewith.

"General Pando was elected President of Bolivia on October 23rd." President McKinley, Annual Message, Dec. 5, 1899. On receiving a report from the minister of the United States of the serious condition of affairs at La Paz, Bolivia, and in the surrounding country in February, 1899, the Department of State instructed him that he could have "no diplomatic relations with the insurgents, implying their recognition by the United States as the legitimate government of Bolivia, but that, short of such recognition," he was "entitled to deal with them as the responsible parties in local possession," to the extent of demanding for himself and for all Americans "within reach of the insurgent authority within the territory controlled by them the fullest protection for life and property." Should the situation at La Paz become "unendurable or more perilous" he was to collect all Americans within reach and quit the city, taking them with him, and demanding adequate escort to the nearest place of safety. (Mr. Hay, Secretary of State, to Mr. Bridgman, minister to Bolivia, March 14, 1899, MS. Inst. to Bolivia, II, 113.) Subsequently a provisional junta of government was formed, and upon his representation that it was unopposed and orderly in its administration the American minister was instructed that if the provisional government was "de facto administered by the junta according to regular methods affording reasonable guarantees of stability and international responsibility and without organized resistance” he should notify the junta that he was "authorized by the President to enter into relations with the provisional government," and advise the Department of State of his action in order that the President might make appropriate reply to the autograph letter addressed to him by the junta on April 26, 1899. (Mr. Adee, Acting Secretary of State, to Mr. Bridgman, August 22, 1899, MS. Inst. Bolivia, II. 126; For. Rel. 1899, 107.)

"As respects the question of recognizing the new revolutionary government of Bolivia, Mr. Bridgman had been instructed to enter into relations with it, when it shall appear to be established in control of the machinery of administration and in a position to fulfill its international obligations. At the date of the last dispatches from Mr. Bridgman, October 20, he was deferring action upon that instruction until the constitutional assembly shall have convened. By a telegram dated October 25, I have since learned that General Pando was on that day elected President of Bolivia, and I have little doubt that Mr. Bridgman will have soon carried out the instructions sent him in regard to the recognition of General Pando's government by the United States." (Mr. Hay, Secretary of State, to Lord Pauncefote, British ambassador, November 16, 1899, For. Rel. 1899, 344. September 6, 1895, the Department of State, on receiving from the United States consul-general at Guayaquil information of the defeat of the Government forces in Ecuador by General Alfaro, instructed the American minister at Quito that inter

Ecuador.

course for the disposal of current matters affecting American interests. with the de facto authority administering the public affairs of the State with the general acquiescence of its people and controlling the machinery of government to that end is in accordance with the traditional policy of this Government. In accordance with that policy, it is for you on the spot to determine with sound discretion the responsible authority to which you are to address yourself. Any professed formalities of recognition should await the instructions of your Government, which may be sought and obtained by cable, if necessary."

Mr. Adee, Acting Sec. of State, to Mr. Tillman, minister to Ecuador, Sept. 6, 1895, For. Rel. 1895, I. 246.

"The precedents by which the intercourse of the United States with foreign nations is governed have established the clear right, under the law of nations and treaties, to maintain, through its properly appointed agents, communication with the de facto authorities of a foreign state upon all matters affecting either this Government or its citizens, the only limit to this proviso being that our agents are bound to avoid interference in the domestic questions of the State. In the present instance no such interference appears likely, or even possible, as the government of General Alfaro is understood to be in full possession of the machinery of the State. The right and propriety, therefore, of your conducting all current relations with it in your capacity as minister to Ecuador can not be questioned.

"As to formal recognition, the practice of this Government has been to enter into effective relations with the de facto government when it shall have been fully established with the general consent of the people. I assume from the communication of Señor Carbo that such a government has been organized in Ecuador, although its style and title are not stated by him. It would seem to be a provisional government, controlled by a council of ministers, with General Alfaro as its president and supreme head of the State. On this understanding, and being satisfied that the new Government is in possession of the executive forces of the nation, and administering the same with due regard for the obligations of international law and treaties, you will enter into full relations with it."

Mr. Olney, Secretary of State, to Mr. Tillman, minister to Ecuador, November 6, 1895, For. Rel. 1895, I. 248, 249.

12. PERU.

§ 54.

January 31, 1880, it was formally announced that the President of the United States had "decided to recognize the government established in Peru by His Excellency Don Nicolas de Pierola and to receive the ceremonial letter of the latter, it

Pierola Government.

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