Year: 1874




has been the uniform practice of our
government to recognize every de facto
foreign government without inquiring into
the legitimacy Of its title. But-we
put the question to his candor, and
feel certain of the answer which must be
supplied by his information-has our gov
enment ever recognized any foreign govern
ment as de tacto without waiting q reason
able time to judge of its prospects OF
stability Nobody knows better than Judge
Black that our diplomatic history furnishes
no such instance. We have never recognized
any foreign government as de facto when it
was only one day or half day old. But
President Grant was applied to by Kellogg
for assistance against domestic violence In
Louisiana before the Penn movement had
been three hours in possession, and it would
have been contrary to all precedents to have
recognized the latter as the de facto govern
ment. The approved practice on this
subject is truly stated by Mr.. Web
ster, in passage in his celebrated
Hulsemann letter. He was speaking of Hun
gary, in connection with the mission of Mr..
Dudley Mann, who had been sent to observe
the progress of affairs Mr.. Webster said
'H was only in the event that the new gov
ernment should appear, in the opinion of the
agent, to be firm and stable, that the Presi-
dent proposed to recommend its recognition"
This is the only safe rule in reference to new
governments. 1t would not become the dig
nifty of the President to recognize them on
the instant without taking time to inform
himself. The authority OF the previous gov
ernment always continues to be acknowledged
until authentic information and proper de-
liberation satisfy the President that it has
been effectually overthrown. It would be
preposterous for him to decide so grave
question at o moments notice. When
Kellogg's application for assistance came
to him at midnight and he was
obliged to decide on it at once,
it would have been perfectly absurd
for him to have recognized the McEnery
claims At the time he made his decision the
McEnery affair had performed no function
Of an actual government. It had never passed
any act of legislation. 1t had never levied or
collected q tax. No man had ever brought
suit under its authority. No officer had ever
made an arrest under it in pursuance of q
legal process. 1t had never discharged one of
the many functions which devolve on gov
ernment Mr.. Webster, in his great argu-
ment in the Rhode Island case, secuted the
claims of the Dorr government on the ground
that it existed only two days. 'Its BIRTH"
he said, s'its whole life and it's death were ac-
complished in forty-eight hours" But if
forty-eight hours are not time enough
to entitle q new State government to
de facto recognition, assuredly three
hours of mob supremacy in q single
city are not sufficient The President is bound
to follow the same sound and cautious rule in
State governments which has al
ways been adhered to in the case of foreign
governments. Judge Black fully comedies
recognizing the de facto government in both
cases, and the only point Of difference between
him and the HERALD relates to the claim of
the McEnery government to be considered de
facto at the time when Kellogg made his last
application. The chief fault Of his argument
is that it is not precise enough in marking
dates Kellogg applied for support on the
instant, before his supplanters had performed
any act which entitled them to be regarded as
government and it was the duty of the
President to decide on the state of facts exist
ing at the point Of time when the application
was made.