Paez Government. 66 10. VENEZUELA. § 52. The minister of the United States at Caracas in 1862 having without authority recognized the government of General Paez, he was instructed to inform that government that his action was disavowed and annulled. He was also instructed to explain that this decision did not imply "any hositility, or even any disfavor” to the government, much less an opinion that it was "not founded in justice or in right," or that it had not been successfully established. The object of the United States was "to manifest the conviction" that it belonged to the Venezuelan state to establish and maintain its own government without intervention, intrusion, or even influence, from foreign nations, and especially from the United States," and that as yet there had been seen "no such conclusive evidence" that the Paez government was "the act of the Venezuelan state as to justify an acknowledgment thereof." The United States observed with regret ́ ́an unquiet and revolutionary spirit pervading the republican states on this continent, involving them continually in desolating and exhausting civil wars, ultimately subversive not only of national independence, but even of liberty itself." The United States therefore deemed it a duty to discourage that spirit so far as it can be done by standing entirely aloof from all such domestic controversies until in each case the state immediately concerned shall unmistakably prove that the government which claims to represent it is fully accepted and peacefully maintained by the people thereof." a 66 * * * "The revocation [of the U. S. minister's act of recognition] was the more reluctantly made because General Paez, by his character, had already most favorably impressed the government and people of the United States, and so far as their wishes and feelings might be manifested, consistently with the law of nations, they actually desired the consolidation of the national authority of Venezuela under the auspices of his government. It is only necessary now to add, or rather to state more distinctly, what has been before intimated, that, for a considerable period, considerations quite foreign from the domestic condition of Venezuela have hitherto forbidden the United States from recognizing new authorities arising in the Spanish-American states through domestic revolution, and that the delay in regard to Venezuela is to be understood as implying no hostility, disfavor, or distrust in regard to the government of General Paez.” Mr. Seward, Sec. of State, to Mr. Culver, March 9, 1863, MS. Inst. Venezuela, The remains of General Paez, who after his downfall came to the United a Mr. Seward, Sec. of State, to Mr. Culver, Nov. 19, 1862, MS. Inst. Venezuela, I. 250. See, as to the Paez government, Moore, Int. Arbitrations, IV. 3558. The government of President Falcon was recognized late in the summer of 1864, after a probation of nearly a year." Falcon Government: After the overthrow of the Falcon government in 1868, another period of waiting was entered upon till one of the rival claimants should prove his title to recognition. Guzman Blanco was ultimately successful. On his restoration to power by the revolution of 1879, General Guzman Blanco convoked a "congress of plenipotenRevolution of 1879; tiaries," consisting of representatives from the several Guzman Blanco. States of Venezuela, which formed a provisional government and elected him provisional president. He was soon recognized by the diplomatic representatives of Brazil, England, France, Germany, Italy, and Spain. The United States, however, deferred its recognition, Mr. Evarts, who was then Secretary of State, taking a position similar to that which he had previously assumed with reference to the new government of Mexico. The new administration of Venezuela, he observed, was "not understood to have gained power by any constitutional process of election or endorsement," and, while "its claims to de facto recognition" were "weighty," it was "thought best to defer formal intercourse" till assurance could be had that "such a step will not only rest on the popular will of Venezuela, but will also be beneficial to the relations between the United States and that country. Good faith in the observance of international obligations is the first essential towards the maintenance of such relations. At present there is no indication that any change for the better has taken place, either as regards the payment of the indemnity installments, now for several months in default, or the security of the rights of citizens of the United States sojourning in Venezuela." The American minister was therefore to "maintain a considerate and conciliatory attitude" in his "unofficial relations with the new government," with a view to bring about with all convenient speed a proper understanding upon the pending issues as the necessary preface to formal recognition;" and he was to "cooperate in all proper ways (short of formal recognition until so instructed) in the good work of preserving intact the friendly relations between the two countries."S @ Mr. Seward, Sec. of State, to Mr. Culver, Aug. 24, 1864, MS. Inst. Venezuela, I. 309; same to same, Oct. 21, 1863, id. 288. Moore, Int. Arbitrations, II. 1693 et seq. Mr. Seward, Sec. of State, to Mr. Bruzual, Aug. 27, 1868, MS. Notes to Venezuelan Leg., I. 136. d For. Rel. 1879, pp. 1041, 1043. Mr. Evarts, Sec. of State, to Mr. Baker, April 8, 1879, MS. Inst. Venezuela, III. 61. f Mr. Evarts, Sec. of State, to Mr. Baker, April 10, 1879, MS. Inst. Venezuela, III. 63. "As a general rule of foreign policy, obtaining since the foundation of our government, the recognition of a foreign government by this is not dependent on right, but on fact. For this reason, when a change occurs in the administration of a nation, It is understood that the proceedings of the congress of plenipotentiaries, by which Gen. Guzman Blanco became provisional president for a term of years, invested him with the presidential functions de facto, notwithstanding the absence of any constitutionally elective choice by popular suffrage. This de facto administration has entire control of the executive and governmental machinery of Venezuela, and rules, not merely without opposition, but with what seems to be the positive acquiescence of the governed; and, under the general usage of nations, no legitimate obstacle on that score exists to its recognition. “But the capacity of a state, in itself, for recognition, and the fact of recognition by other states, are two different things. Recognition is not an act wholly depending on the constitutionality or completeness of a change of government, but is not infrequently influenced by the needs of the mutual relations between the two countries. When radical changes have taken place in the domestic organization of the country, or when they seem to be contemplated in its outward relations, it is often a matter of solicitude with this government that some understanding should exist that the rights acquired by our citizens, through the operation of treaties and other diplomatic engagements, shall not be affected by the change. In other words, while the United States regard their international compacts and obligations as entered into with nations rather than with political governments, it behooves them to be watchful lest their course toward a government should affect the relations to the nation. Hence it has been the customary policy of the United States to be satisfied on this point; and doing so is in no wise an implication of doubt as to the legitimacy of the internal change which may occur in another state. "Pending formal recognition, however, it is not to be supposed that any of the customary business relations or civil courtesies are abruptly terminated. The actual formula of recognition is unmis takable, and, short of that evident step, the diplomatic fiction of 'officious' intercourse, or unofficial' action is elastic enough to admit of continuing ordinary intercourse, for the most part, without rupture of any of its varied parts. "The Department, in the light of the preceding considerations, is constrained to regard your action [in staying away from a banquet given by President Guzman Blanco] as based on the mistaken assumption that your position is one of non-intercourse rather than of 'officious' or 'unofficial' and friendly intercourse; and that, in holding and the new authorities are in unopposed possession of the full machinery of government with duly appointed public officers acting in its name, and evincing the purpose as well as the power to carry out the international obligations of the state, recognition would follow as a matter of course, whatever might be the personal character of the head of the new government, or whatever the nature of his rule, so long as no considerations of policy directly affecting the relations between his country and this intervene to postpone such a result." (Mr Hunter, Acting Sec., to Mr. Baker, Oct. 3, 1879, MS. Inst. Venezuela, III. 79. \ 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, In his No. 188, of Dec. 25, 1879, Mr. Baker reported the reception of a note "The minister's note is not understood as foreshadowing the termination of 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 settled, 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 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. 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." 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. f 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. |