Evening star., 1897-01-05
Mr.. HALE'S MEMORANDUM
How Recognition Has Been Accomplished
by This Government Heretofore.
VoluminOus Document Submitted
to the Senate Today by the
Senator From Maine.

| Senator Hale today presented to the Sen
ate a memorandum On the method Of rec
| ognition of foreign governments and for
| eign states by the government of the United
States from 1853 to 1897 which, notwith-
| standing the document makes no such
| claim. unquestionably is intended to bear
upon the question Of the recognition of
Cuba. Assuming that the recognition of
the Spanish American republics by the
United States and England may be taken
| as typical, the conclusions reached are:
1. Definitive independence cannot be held
to be established, and recognition is conse-
quently not legitimate so long as a SUBJ
stantial struggle is being maintained by
the formerly sovereign state for the recov-
cry of its authority; and that,
2. mere pretension on the part of the
formerly sovereign state. or a struggle so
inadequate as to offer no reasonable ground
for supposing that success may ultimately
De obtained, is not enough to keep alive
tne rights OF the state, and to prevent for
eign countries from falling under an obli-
cation to recognize as a state the commu-
| nifty claiming to have become one.
Inc memorandum takes up seriatim the
various acts of recognition by this govern
ment, beginning with the recognition Of the
Independence of the French republic in
1913. when President Washington received
M. Genet who had been duly accredited as
minister after the proclamation of the re-
attention to the fact that, In order that
This government might be prompt in recog-
milton of the various changes in the French
form of government. at this critical period
the President supplied the American minis
ter to Paris with a blank form for that
purpose.
Coming down to the close of the Franco
German war in 1870. when the new republic
sented that Mr.. Washburne, our minister
at Paris was authorized by telegraph from
the Secretary of State to give recognition,
the President rendering his congratulations.
The document is quite voluminous.
1t concludes with note from Mr.. An
drew H. Allen, chief of the bureau of rolls
and library Of the State Department, by
whom the memorandum wss compiled, who
says the facts narrated have been gather
ed in an examination of the records of the
department to follow along the lines indi-
Gated by j. Q. Adams and w. E. Hall. Re
forring to Secretary Frelinghuysens recog-
milton of the flag of the Congo state Mr..
Allen says: 1T does not appear to have
been addressed to the state, but is in the
nature OF proclamation. No rule has
been found requiring that the diploma tic
complete recognition, be received officially
or form ally by the state recognized.
NO law of Congress exercising a power
OF recognition by Congress has been found
among the rolls deposited in this depart
ment Notwithstanding the statement Of
Wharton digest international law ami re-
peated by historians and others that Pr as-
ident Jackson on March 8, 1897, signed q
resolution Of Congress for the recognition
of the independence of Texas
THE act providing for the civil and dip
lomatic expenses of the government ap-
proved on that day contained an item for
the outfit and salary of diplomatic agent
to be sent to the republic of Texas when
ever the President Of the United States
may receive satisfactory evidence that Tex
as Is an Independent power and shall deem
1t expedient to appoint such minister II
may have been an act of recognition when
this government. on October 10, 1870, d.
rected Mr.. Armstrong our consul at Rome
who had received an exequatur from the
papal states, to apply for a new one from
the king. upon the decree of the same date
uniting the Roman provinces but 1t hardly
appears SO. No deviation Of method from
the rules indicated has been found. The
republican government Of Spain, for In
stance. in 1873. was recognized by new
credentials to General Sickles at Madrid
which he presented only to the president OF
the republic. The latest recognition by this
government was that of the newly estab-
lished government Of the Greater Republic
OF Central America, the President having
received Mr.. Rodriguez, Its representative
December "A, 1886"