III. RECOGNITION OF NEW, GOVERNMENTS-Continued. Papal States. 4. Spain, § 46. Napoleonic government: Suspension of decision. IV. RECOGNITION OF BELLIGERENCY-Continued. 2. The American Revolution, § 60. 3. Revolution in Spanish-America, § 61. Instructions to collectors of customs, July 3, 1815. President Monroe's message, December 2, 1817. President Monroe's message, March 8, 1822. Hospitality to vessels. Duty of parent government. 5. Buenos Ayres and Montevideo, 1844, § 63. Duty of neutral navies. 6. Peru-the Vivanco insurrection, § 64. Nonaction of foreign governments; rights and duties of their citizens. 7. Mexico, § 65. Miramon government; question of blockade. Juarez and Maximilian. 8. The Confederate States, § 66. Action of powers; Mr. Seward's attitude. Withdrawal of recognition. Correspondence of Mr. Adams and Earl Russell, 1865. Decisions of the Supreme Court. Position of Mr. Fish. V. ACTS FALLING SHORT OF RECOGNITION. 1. Of new States, § 72. Acts and implications. Unofficial intercourse; the American Revolution. Revolution in Yucatan. The Confederate States. Letter of His Holiness the Pope. Delegation of the South African Republics. Santo Domingo. Paraguay. Mr. Mann's mission to Hungary; its objects. Publication of Mr. Mann's instructions. Mr. Webster's reply. 2. Of new governments, § 73. Unofficial communications. Venezuela. Salvador. Mexico; consular functions. Santo Domingo. 3. Of belligerency, § 74. Insurgency or revolt. VI. RECOGNITION, BY WHOM DETERMINABLE, § 75. Texas. Statement of Mr. Buchanan. Decisions of the courts. VII. CONTINUITY OF STATES. 1. Territorial changes, § 76. 2. Changes in population, § 77. 3. Political changes, § 78. 4. Suspension of independence, § 79 I. GENERAL PRINCIPLES. $ 27. Recogni- Recognition, says Rivier, is the assurance given to a new state that it will be permitted to hold its place and rank, in the Right and duty. character of an independent political organism, in the society of nations. The rights and attributes of sovereignty belong to it independently of all recognition, but it is only after it has been recognized that it is assured of exercising them. Regular political relations exist only between states that reciprocally recognize them. tion is therefore useful, even necessary to the new state. the constant usage, when a state is formed, to demand it. Except in consequence of particular conventions, no state is obliged to accord it. But the refusal may give rise to measures of retorsion. When, after the formation of the Kingdom of Italy, certain German states persisted in refusing to recognize it, Count Cavour withdrew the exequaturs of their consuls. Recognition was then accorded. Sometimes there has been a long interval between the formation of a state and its recognition by other powers, notably by those which have some direct interest in the matter. The Swiss Confederation was independent, in fact, for almost two centuries before it was officially recognized as such by the Empire in 1648; and it was only in that year that Spain recognized the independence of the northern Low Countries. It was not till 1668 that Spain recognized the independence of Portugal, which had been separated from her since 1640. Greece was recognized by the guaranteeing powers in 1827; by Turkey in 1832. Belgium was not recognized by Holland till 1839. Spain and Portugal recognized the states of Latin America many years after the United States and Great Britain had done so. The latter power recognized the United States only in 1782, and it never recognized the Napoleonic kingdoms of Italy and Westphalia. There can be no reason for refusing to recognize a federated state, formed by the union of recognized states, such as the German Empire in 1871, and the North German Confederation in 1866; or as Switzerland in 1848, after the confederation of states became a federated state. For those states, being sovereign, had the incontestable right to bind themselves together by a federal bond. It was a matter which concerned them, and did not concern third powers. It is necessary not to confound with the recognition of a new state, born of an insurrection, the recognition of an insurgent party as a belligerent. Recognition is generally given by a written or oral declaration of the recognizing state; it matters little whether the Mode. recognized state cooperates in it or not. Recognition is not necessarily express; it may be implied, as when a state enters into negotiations with the new state, sends it diplomatic agents, receives such agents officially, gives exequaturs to its consuls, forms with it conventional relations. Recognition, in order to be definitely effective, must emanate from a government which is itself recognized. If a de facto government, not recognized, should accord recognition to a new state, the restored government would not be bound by that act. Recognition may be collective, as in the case of the Independent State of the Congo, by the Berlin Conference of 1885; of Roumania, Servia, and Montenegro, by the Berlin Congress of 1878; of Greece in 1832, and of Belgium in 1831. Premature recognition constitutes an act of intervention, committed in favor of insurgents or of a conqueror. The recogPremature recogni- nition of the United States of America by France in 1778 was in reality an act of intervention, as is shown by Art. II. of the treaty." Great Britain recognized the Kingdom of Italy before Francis II. was entirely dispossessed. tion. The Government of the United States refused in 1849 to recognize the independence of Hungary, and in 1875 that of Cuba. Recognition is, as a general rule, absolute and irrevocable. Never ited recognition. theless, it may happen, by way of exception, that the Conditional and lim- recognition is conditional or is given sub modo. Such is the case when certain charges or restrictions are imposed on a new state at the time when its independent existence is recognized, such as an obligatory neutrality, commercial liberty, or religious liberty. If the restriction constitutes a condition, the powers which have subjected their recognition to it have the right to insist upon the new state's conforming itself to the condition imposed, and, if it fails, to consider their recognition as not given. If the recognition was given sub modo it will not be withdrawn, but other measures may be taken, such as the suspension or rupture of diplomatic relations or reprisals. The distinction between a condition and a modus a As to the recognition of the United States by the Netherlands in 1782, and certain medals stricken off to commemorate the event, see For. Rel. 1891, 729–731. |