レ family of nations; but it is not to be required of neutral powers that they should await the recognition of the new government by the parent state. No principle of public law has been more frequently acted upon within the last thirty years by the great powers of the world than this. Within that period eight or ten new states have established independent governments within the limits of the colonial dominions of Spain on this continent; and in Europe the same thing has been done by Belgium and Greece. The existence of all these governments was recognized by some of the leading powers of Europe, as well as by the United States, before it was acknowledged by the states from which they had separated themselves. "If, therefore, the United States had gone so far as formally to acknowledge the independence of Hungary, although, as the event has proved, it would have been a precipitate step, and one from which no benefit would have resulted to either party, it would not, nevertheless, have been an act against the law of nations, provided they took no part in her contest with Austria." Mr. Webster, Sec. of State, to Mr. Hülsemann, Austrian chargé d'affaires, Roumania Notice of the declaration of independence of Roumania, pronounced by the National Assembly, with the approval and concurrence of Prince Charles, was sent abroad by that Government through diplomatic channels May 22 June 3, 1877. The independence of the principality was recognized by the treaty of Berlin July 13, 1878, subject to certain conditions. The Prince assumed the title of Royal Highness in September, 1878. February 20, 1880, the British, French, and German representatives at Bucharest presented to the Government identic notes recognizing the independence of the principality; and on March 26, 1881, the Prince, in conformity with the action of the Chambers in proclaiming Roumania a kingdom, assumed the title of King." "So far as the Executive Government of the United States could recognize that of Roumania without actual diplomatic representation, it was done by the letter of the President of August 15, 1878, to Prince Charles, touching the appointment of Mr. Timothy C. Smith as consul of this Government at Galatz;" and "nothing" seemed to be "wanting to the full establishment of relations * * but the desired action of Congress," which the President had already invoked, for the purpose of providing for diplomatic representation. By the act of May 14, 1880, a salary was a Hertslet, Map of Europe by Treaty, IV. 2628, 2790; For. Rel. 1880, 52; id. 1881, 979. Mr. Evarts, Sec. of State, to Mr. Kasson, minister to Austria-Hungary, March 9, 1880, For. Rel. 1880, p. 51. € 21 Stat. 133, 134. appropriated for "a diplomatic agent and consul-general at Bucharest," and Mr. Eugene Schuyler was so commissioned June 11, 1880. In his instructions it was stated that he was accredited to the person of the Roumanian sovereign, and that his mission was to be considered a legation; and on the strength of this assurance he was provisionally recognized as possessing a diplomatic character. President Hayes, in his annual message of December 6, 1880, stated that the Government of the United States had sent a "diplomatic representative" to Bucharest, and had received at Washington the special envoy who had “been charged by His Royal Highness Prince Charles to announce the independent sovereignty of Roumania." This special envoy was Colonel Voinesco. He was instructed to represent to the United States that as the title of "diplomatic agent" imparted no definite rank, Mr. Schuyler could in strictness be considered as holding only a consular position, and that he should be invested with "a title corresponding exactly to the character of his mission." By the act of Congress of February 24, 1881, Mr. Schuyler's diplomatic rank was fixed as that of chargé d'affaires." When the principality of Roumania was proclaimed a kingdom the latter was promptly recognized by Belgium. April 2, 1881, Mr. Schuyler telegraphed: "England, Italy, and four others recognize kingdom," the four others being Monaco, Greece, Turkey, and Servia. The form of recognition generally adopted was to congratulate the King and Government on the proclamation of the kingdom and to promise a formal reply on receipt of the formal announcement. On April 3, Mr. Schuyler received this telegraphic reply: "If great powers of Europe unite in recognizing new government you will join with them and express congratulations of the President. Await their action.” After recognition had been given by France, then by Holland, and then by Russia, Austria, and Germany, besides the powers previously mentioned, Mr. Schuyler, on the 6th of April, presented to the Government the congratulations of the President, and on the next day was received in audience by the King. Mr. Schuyler was subsequently instructed to convey the cordial congratulations of the President to the King on his coronation. Servia. d The independence of the principality of Servia was recognized in the Treaty of Berlin (Arts. XXXIV., XXXV.) on conditions similar, so far as they went, to those in the case of Roumania. August 22, 1878, Servia proclaimed its independence. May 23, 1881, Mr. Schuyler, then chargé d'affaires of the United States at Bucarest, was instructed to negotiate a treaty with Servia, and, in @ Colonel Voinesco, Roumanian envoy, to Mr. Evarts, Sec. of State, Nov. 21, 1880, MSS. Dept. of State. b21 Stat. 340. c For. Rel. 1881, 984. d Id. 988. regard to the recognition of its independence, to follow the directions given him in the case of Roumania." A letter was given to him, addressed to the Servian minister of foreign affairs, and accrediting him as the bearer of full powers from the United States to negotiate the treaties therein described. Acting under this special authority from the President, Mr. Schuyler concluded at Belgrade, October 2/14, 1881, the treaty with Servia concerning the rights and privileges of consuls.c Liberia. 14. STATES IN AFRICA AND THE EAST § 42. In 1822 the American Colonization Society founded a settlement on the west coast of Africa for freedmen and recaptured slaves. In 1847 this settlement, called Liberia, was constituted a republic, which was recognized in the following year by certain European powers. President Lincoln, in his first annual message, December 3, 1861, declared that if any good reason existed "why we should persevere longer in withholding our recognition of the independence and sovereignty of Hayti and Liberia," he was unable to discern it; but, being "unwilling" to "inaugurate a novel policy in regard to them without the approbation of Congress," he submitted for consideration "the expediency of an appropriation for maintaining a chargé d'affaires near each of those new states." By an act approved June 5, 1862, the President was "authorized, by and with the advice and consent of the Senate, to appoint diplomatic representatives of the United States to the Republics of Hayti and Liberia, respectively," each of such representatives to be "accredited as commissioner and consul-general," and to receive a stated sum as compensation. No immediate appointment was made under this act to Liberia; but on Sept. 23, 1862, Mr. Adams, then United States minister to England, was empowered to conclude the treaty of commerce and navigation which he signed with the President of Liberia, at London, on the 25th of the ensuing October. June 24, 1871, a full power and letter of credence were given to Mr. Edgcomb, United States consul at Cape Town, as a speOrange Free State. cial agent to negotiate a treaty with the Orange Free State. He concluded a treaty at Bloemfontein, December 22, 1871. a Mr. Blaine, Sec. of State, to Mr. Schuyler, May 23, 1881, MS. Inst. Roumania, I. 46. See For. Rel. 1881, 36. Mr. Schuyler's full power to negotiate and sign a treaty with Servia was sent to him on May 28, 1881. (MS. Inst. Roumania, I. 49.) Mr. Blaine, Sec. of State, to Mr. Schuyler, July 15, 1881, MS. Inst. Roumania, I. 53. March 6, 1882, the Prince of Servia, on the invitation of the Skuptchina, assumed the title of King. (Hertslet, Map of Europe by Treaty, IV. 2785.) d12 Stat. 421. Mr. Henry Winter Davis, in House Report 129, 38 Cong. 1 Sess., on the joint resolution on Mexican affairs, expressed the view that Hayti and Liberia were recognized by this act. e Sen. Doc. 40, 54 Cong. 2 Sess. 8. "In 1879 a body was formed calling itself the International Association of the Congo, which was presided over by the Congo. King of the Belgians acting as a private individual, and of which the members and officials were subjects of civilized states. It founded establishments; it occupied territory; it obtained cessions of sovereignty and suzerainty from native chiefs. Yet it was neither legally dependent upon any state, nor did its members reject the authority of their respective governments, and establish themselves permanently on the soil as a de facto independent community." In 1884 this association represented to the United States that it had by treaties with the legitimate sovereigns" in the basins of the Congo and adjacent regions obtained the cession of territory "for the use and benefit of Free States established and being established under the care and supervision of the said association in said basins and adjacent territories, to which cession the said Free States of right succeed;" that it had adopted for itself and the Free States in question a flag; that it and the Free States had resolved to levy no customs duties on goods imported by the route constructed around the Congo cataracts; that they guaranteed to foreigners settling in their territories "the right to purchase, sell, or lease lands and buildings situated therein, to establish commercial houses, and to there carry on trade, upon the sole condition that they shall obey the laws;" and that they would extend equal treatment to the citizens of all nations, and do all in their power to prevent the slave trade.' These representations bear date April 22, 1884. On the same day Mr. Frelinghuysen, Secretary of State, duly empowered by the President, and with the advice and consent of the Senate previously given, declared "that, in harmony with the traditional policy of the United States, which enjoins a proper regard for the commercial interests of their citizens, while at the same time avoiding interference with controversies between other powers, as well as alliances with foreign nations, the Government of the United States announces its sympathy with and approval of the humane and benevolent purposes of the International Association of the Congo, administering, as it does, the interests of the Free States there established, and will order the officers of the United States, both on land and sea, to recognize the flag of the International African Association as the flag of a friendly government." By the act of July 7, 1884, Congress made an appropriation for “an agent to the States of the Congo, said agent to be charged with introducing and extending the commerce of the United States in * "Hall, Int. Law, 4th ed. 94. See, as to the origin of the association, S. Ex. Doc. 196, 49 Cong. 1 Sess. 351. See Mr. Kasson to Mr. Bayard, March 16, 1885, S. Ex. Doc. 196, 49 Cong. 1 Sess. 186. a the Congo Valley." Germany, by a convention concluded November 8, 1884, recognized the association as a "friendly State," while Great Britain, in December, by an exchange of declarations, after the manner of the United States, recognized its flag as that of a friendly government. "Within the next two months Italy, the Netherlands, Spain, France, Russia, and Portugal had recognized the association as a government; Austria, Sweden and Norway, and Denmark had acknowledged it to be a State, and Belgium placed its flag on an equality with that of a friendly State.' February 26, 1885, the association was permitted by the Berlin conference to adhere, by a formal declaration, as an independent state, to the general act concluded on that day. When King Leopold II., acting under the authority afterwards given him by the Belgian Chambers, announced the formation of the Independent State of the Congo and his assumption of the place of sovereign of the new state, the President of the United States formally recognized him in that character.d * * "The Independent State of the Congo has been organized as a government, under the sovereignty of His Majesty the King of the Belgians, who assumes its chief magistracy in his personal character only, without making the new State a dependency of Belgium. The action taken by this Government last year in being the first to recognize the flag of the International Association of the Congo has been followed by formal recognition of the new nationality which succeeds to its sovereign powers. "A conference of delegates of the principal commercial nations was a"When you were designated as agent to the States of the Congo Association it was not intended, either by this Department or by Congress, to actually accredit you to the government of the States of the Congo Association, as it was well known here that those States, as a political entity, did not exist. You were charged with introducing and extending the commerce of the United States in the Congo Valley, and in order to definitely fix the scope of your mission, you were designated as agent to the States of the Congo Association, because it was believed here that the residents of the region adjoining and including the Congo Valley seemed on the verge of establishing constitutional States by progressive movement in that direction." (Mr. Frelinghuysen, Sec. of State, to Mr. Tisdel, Dec. 12, 1884, S. Ex. Doc. 196, 49 Cong. 1 sess. 357; see also Annual Message, Dec. 1, 1884.) Hall, Int. Law, 4th ed. 94. CS. Ex. Doc. 196, 49 Cong. 1 sess. 184, 295–296. d King Leopold to the President, Aug. 1, 1885; the President to King Leopold, Sept. 11, 1885, S. Ex. Doc. 196, 49 Cong. 1 sess. 326, 331. By a convention between Belgium and the Independent State of the Congo, concluded July 3, 1890, it was provided that Belgium would advance to the Independent State the sum of 25,000,000 francs, and that six months after the expiration of the term of ten years Belgium would, if it seemed good to do so, annex the Independient State of the Congo, with all the property, rights, and advantages attached to the sovereignty of that State, and fulfill its obligations toward third parties. (Rivier, Principes du Droit des Gens, I. 67.) |