RECOGNITION. An acknowledgment that something which has been done by one man in the name of another was done by authori ty of the latter. See AGENCY; RATIFICATION.
In International Law. The acknowledg ment of the claim of a new state to be ad mitted into the family of nations. In the case of states whose uncivilized condition has prevented them from being recognized as members of the family of nations, the ques tion of the justice of their claim to recogni tion will depend upon the extent to 'which it seems probable that they are in a condition to abide by the principles and fulfill the du ties imposed by international law. In the case of states which are formed by the successful revolt of one part of a nation against the rest of the nation, the question of their recognition depends upon the fact that they have established a de facto govern ment and have proven their ability to main tain their independence. No fixed rule can be laid down regarding the time when recog nition is due to an insurgent state. If the parent state itself acknowledges the inde pendence of the insurgent state, no difficulty is presented; but in other cases the de facto independence of the new state must be deter mined from the cessation of hostilities against it by the parent country, or by the manifest inability of the parent state to con quer the territory. A too precipitate recog nition of an insurgent colony would consti tute an offense on the part of the recognizing state against the parent state. I Opp. 116
121.
In the United States it devolves upon the president to determine when recognition, is to be accorded to a new state, and his de cision is not subject to review by the courts. It has been claimed that congress may dic tate to the president on this point, but prece dents are against the claim. 1 Willoughby, Constitutional Law 461. See' EXECUTIVE POWER.
As a general rule international law is not concerned with internal changes within a sovereign state. The government of a state may change from a monarchy to a republic without any change, in the identity of the state in the family of nations.
As to recognition of belligerency, see NEU TRALITY; RELLIOEREN`CY;, INSURGENCY.
See ExEcurivz POWER.
A method of deciding doubtful questions of property by sworn witnesses instead of by the English process of compurgation or ordeal. Twelve men, who must be freemen and hold property, were chosen from the neighborhood and sworn, and the matter was decided according to their witness, or "rec ognition." It was introduced into England by the Norman kings; Mrs. John Richard Green, in 1 Se]. Essays in Anglo-Amer. L. H. 116.