Executive Power

president, government, united, provisional, assembly, china, day, minister and republic

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The conclusion of the extended discussion of Cuban affairs, which covered the sub ject of the recognition of a new government in a foreign state and intervention in its affairs, was reached in 1898 when President McKinley sent a special message dated April 11, recommending intervention and stating the grounds on which he did so. And on April 20 congress passed a joint resolution declaring that the people of Cuba were free and independent, and demanding that the government of Spain relinquish its authority and government in the island, and authorizing the president to use the entire land and naval forces of the United States to carry the resolutions into effect. There was also a disclaimer of any purpose to exercise sover eignty or control over the island except for its pacification. The result was that dip lomatic relations between this country and Spain were immediately broken off and war followed. 6 Moore Int. L. Dig. Sec. 909.

The action of our government:in this case does not bear upon the direct question as to which department of the government is 'di rectly charged with the recognition of new states, except that it shows that President McKinley acted in accordance with the views, already cited, of his predecessors, Presidents Monroe and Jackson, in consult ing congress and securing Its joint action in a case which was likely to result in war.

Since the settlement of the affairs of Cuba, it is believed that the question of executive power with relation to new or insurrection ary governments has not been raised or dis cussed.

In 1899, a revolutionary government hav ing been established in Venezuela, the Unit ed States minister was authorized by the department of state to recognize it, and, when he bad done so, his action was ap proved; 1 Moore, Int. L. pig. sec. 52. In the same year similar action was taken with respect to a successful insurrection in Bo livia ; id. sec. 53.

Early in 1911, a revolution occurred in Portugal which resulted in the abdication of the king and the proclamation of a re public. On the 6th of June, 1911, the Amer ican minister in Lisbon was instructed, as soon as the constituent assembly, which was to meet on the 19th of June, should have ex pressed the voice of the people and settled upon the form of government to be adopted by Portugal, to inform the minister of for eign affairs of its official recognition by the government of the United States. The min ister was to do this, if possible, on the day on which the constituent assembly took def inite and final action.

On the following day, the American minis ter was explicitly instructed that the gov ernment of the United States desired to rec ognize the republic of Portugal as soon as it should be officially proclaimed by the con stituent assembly, without awaiting the choice of a president or the adoption of a constitution. On June 19, the constituent

assembly met and definitely proclaimed the republic. On the same day the diplomatic representative of the United States handed to the minister of foreign affairs a note stating that the government of the Portu guese republic was on that day officially recognized by the government of the United States.

It may be remarked that the republic of Portugal had previously been recognized by Switzerland.

Late in the same year there occurred a revolution in China which resulted in the establishment by the insurgent military lead ers in the various Yangtze provinces and in southern China, of a cabinet form of govern ment with headquarters at Nanking, and an assembly convoked in that city, which on December 29, 1911, elected a provisional pres ident of the republic of China, who was in augurated as such on New Year's day. On February 12, 1912, the throne abdicated in favor of a republic and conferred full power to organize such a government on Yuan Shih kai, who three days later was elected by the Nanking assembly provisional president. The resignation of the provisional president and his cabinet was accepted to take effect on the inauguration of Yuan, which occurred at Peking March 10, 1912. The provisional government meanwhile had notified the American minister that the Chinese minister in the United States would continue in the discharge of his functions as "provisional diplomatic agent." On March 10, the date of the inauguration, a provisional constitu tion, previously approved .by the Peking au thorities, was adopted by the Nanking as sembly, under which it was provided that within ten months the provisional president should convene a representative national as sembly to adopt a permanent constitution and elect a president.

President Taft in his annual message of December, 1912, announced to congress ' the course of events in China and stated that the United States was, according to prece dent, maintaining full and friendly de facto relations with the provisional government.

On April 6, 1913, the American diplomatic representative at Peking was instructed that upon the convening of the national assembly with a quorum, organized for business by the election of officers, he should communi cate to the president of China as coming from the president of the United States a message recognizing the new government and welcoming the new China into the family of nations. This message of the president of the United States was delivered on May 2, and on the same day the new president, Yuan Shih-kai, sent an appreciative message to the president of the United States ac knowledging his greeting and thanking him for his sentiments of amity and good will.

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