Mr. Edward Livingston, as Secretary of State, in a note to Sir Charles Vaughan, the British minister, April 30, 1833, said: Death of a Sovereign. "It has been the principle and the invariable practice of the United States to recognize that as the legal Government of another nation which by its establishment in the actual exercise of political power might be supposed to have received the express or implied assent of the people."a Mr. Rives, acting Secretary of State, in an instruction to Mr. Roosevelt, United States minister to the Netherlands, October 10, 1888, in reply to inquiries suggested by the dangerous state of the health of the King, quotes this passage as setting forth the doctrine of the United States "in relation to the recognition of changes in the dynastic succession or form of government of sovereign states," and adds: "Should the illness of His Majesty unhappily terminate fatally, you will of course recognize any form of success on duly provided for by the procedure of the Netherlands. No altra official' action would be necessary. A change of sovereign will, according to the usual procedure, involve sending you new credentials, to be presented as in the case of your first credence." * * 3. ROME AND THE PAPAL STATES. § 45. Mr. Pickering, Secretary of State, in an instruction to Mr. Satori, United States consul at Rome, March 28, 1799, in Roman Republic. regard to the new Roman Republic, said that the United States," sincerely respecting the rights of self-government of all other nations," "do not interfere in their internal arrangements. The consuls of the United States, then, wherever they are, will consider it to be their duty to respect the powers that be,' and, under every change of government, use their endeavor to protect the persons and property of American citizens." In a subsequent instruction of June 11, 1799, in reply to a question of the consul whether the United States would acknowledge the Roman Republic," Mr. Pickering, while reaffirming what he had said on the 28th of March, and directing that "due deference" be paid to the "actual government," added: "In my former letter I expressed a wish that the Roman Republic was a self-governed state.' You know that it is not. Formally to acknowedge it then, would only be to acknowledge the supreme power of the French general commanding in Italy."e a MS. Notes to Foreign Legations, V. 102. MS. Inst. Netherlands, XVI. 1. MS. Inst. to U. S. Ministers, V. 88, 152. H. Doc. 551-——9 Papal States. President Polk in his annual message of December 7, 1847, said: "The Secretary of State has submitted an estimate to defray the expense of opening diplomatic relations with the Papal States. The interesting political events now in progress in these States, as well as a just regard to our commercial interests, have, in my opinion, rendered such a measure highly expedient." By the act of March 27, 1848, Congress made an appropriation for a chargé d'affaires." In the instructions to this official there is the following passage: "There is one consideration which you ought always to keep in view in your intercourse with the Papal authorities. Most, if not all, the Governments which have diplomatic representatives at Rome are connected with the Pope as the head of the Catholic Church. In this respect the Government of the United States occupies an entirely different position. It possesses no power whatever over the question of religion. All denominations of Christians stand on the same footing in this country; and every man enjoys the inestimable right of worshiping his God according to the dictates of his own conscience. Your efforts therefore will be devoted exclusively to the cultivation of the most friendly civil relations with the Papal Government, and to the extension of the commerce between the two countries. You will carefully avoid even the appearance of interfering in ecclesiastical questions, whether these relate to the United States or to any other portion of the world. It might be proper, should you deem it advisable, to make these views known, on some suitable occasion, to the Papal Government, so that there may be no mistake or misunderstanding on this subject." Shortly after these instructions were given a revolution occurred at Rome and the government of the Pope was displaced. The Government of the United States, however, considering "the speedy restoration of the Pope highly probable, if not absolutely certain," instructed its chargé d'affaires, while proceeding immediately to Rome and gathering all the information obtainable, to withhold his letter of credence till he should receive specific directions as to the minister of foreign affairs to whom it should be delivered." Subsequently, the situation having apparently become "more and more complicated and entangled," it was left to his discretion, in order to avoid any unnecessary delay, to present his letter of credence to a 9 Stat. 216. For the debates on this act, see App. to Cong. Globe, 30 Cong., 1 sess., 1847-8, pp. 403-410, 437, 442. Mr. Buchanan, Sec. of State, to Mr. Martin, April 5, 1848, MS. Inst. Papal States, I. 3. Mr. Buchanan, Sec. of State, to Mr. Cass, Feb. 16, 1849, MS. Inst. Papal States, I. 11. the minister of foreign affairs of the provisional government, or to withhold it some time longer." When, in 1866, the diplomatic representative of the United States at Rome looked forward to a possible political revolution in the States of the Church, to the head of which he was accredited, he was instructed: "Should the sovereignty at Rome undergo a revolutionary change, you will suspend the exercise of diplomatic functions within the territory in which a new government shall have been established. Should the present government remove and take up a residence in any other place, whether in or out of Italy, you will not be expected to follow it until the case, as it shall then exist, shall have received the attention of the President, and until his views thereupon shall have been made known. In the case of such removal, you will either remain at Rome, or take up your temporary residence in some adjacent country, as in your discretion shall seem expedient." Napoleonic Government: Suspension of Decision. 4. SPAIN. $ 46. After the setting up of the Napoleonic government in Spain, and the deposition of Charles IV., the Central Junta, which was formed in the name of Ferdinand VII. to maintain the independence of the nation, sent to the United States as its diplomatic representative the Chevalier de Onis. On submitting his credentials he was invited by the Secretary of State to a conference, in which he was informed that as the United States had "deliberately determined to remain neutral during the present war in Europe, and to avoid every act whatever which might have a tendency to afford to either of the belligerents even a pretext of complaint, the President could not consistently receive him, while it is not known in whose possession the sovereignty of Spain a Mr. Clayton, Sec. of State, to Mr. Cass, June 25, 1849, MS. Inst. Papal States, I. 14. Mr. Clayton, as Sec. of State, in an instruction to Mr. Donelson, minister to Prussia, July 8, 1849, MS. Inst. to Prussia, XIV. 165, said: “We, as a nation, have ever been ready, and willing, to recognize any Government, de facto, which appeared capable of maintaining its power; and should either a republican form of government, or that of a limited monarchy (founded on a popular and permanent basis) be adopted by any of the States of Germany, we are bound to be the first, if possible, to hail the birth of the new Government, and to cheer it in every progressive movement that has for its aim the attainment of the priceless and countless blessings of freedom.” Mr: Seward, Sec. of State, to Mr. King, Aug. 16, 1866, MS. Inst. Papal States, I. 97. See, as to stationing an American ship of war at Cavita Vecchia, in accordance with the wish of the cardinal secretary of state, Mr. Seward to Mr. King, Nov. 30 and Dec. 8, 1866, id. 101, 104. * * 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. In an unsigned paper delivered to Mr. Chacon, vice-consul of Spain at Alex- @ 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, The Duke of Aosta having been elected by the Duke of Aosta, 1870. Cortes, November 16, 1870, as King of Spain, Mr. Fish wrote: "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 |