Mr. Hill to Mr. Hart.
Washington , September 8, 1900 .
Sir: I have received your dispatch reporting the occurrences of the night of July 31, when the Vice-President, Mr. Marroquin, assumed the executive power of Colombia and framed a cabinet.
At the time of your writing the situation was not sufficiently clear for you to pronounce upon the de facto status of the movement, and I am without advices from any other quarter since which would enable the formation of a judgment as to whether the claim of Senor Marroquin to be the Executive of Colombia is substantial. Under these circumstances the attitude of this Government, and of its representative in Bogotá, must be merely expectant until the ascertained facts shall appropriately determine the course of this Government in regard thereto.
The policy of the United States, announced and practiced upon occasion for more than a century, has been and is to refrain from acting upon conflicting claims to the de jure control of the executive power of a foreign state; but to base the recognition of a foreign government solely on its de facto ability to hold the reins of administrative power. When, by reason of revolution or other internal change not wrought by regular constitutional methods, a conflict of authority exists in another country whereby the titular government to which our representatives are accredited is reduced from power and authority, the rule of the United States is to defer recognition of another executive in its place until it shall appear that it is in possession of the machinery of the state, administering government with the assent of the people thereof and without substantial resistance to its authority, and that it is in a position to fulfill all the international obligations and responsibilities incumbent upon a sovereign state under treaties and international law. When its establishment upon such de [Page 411] facto basis is ascertained, it is recognized by directing the United States representative formally to notify its proper minister of his readiness to enter into relations with it, and thereafter by the still more formal process of receiving and issuing new credentials for the respective diplomatic agents.
Pending such de facto entrance into relations, the agents of the United States have the right to demand of any local authority assuming to exercise power and control protection of American life and property from injury or damage and respect for all American rights secured by treaty and international law, and their so doing is to be held to be an act of necessity, without prejudice to the ulterior question of international relations as between one sovereign government and another, and equally without prejudice to our sovereign right to exact reparation from the responsible perpetrators of any wrong toward this Government, its citizens, and their interests.
Although the probability of interference with telegraphic communications in Colombia may delay your reception of a cabled message, I have embodied the essentials of this instruction in the following cipher message telegraphed to you this day:
When new government is in possession of machinery of administration, maintaining order, executing the laws in Colombia with general assent of the people, and responsibly fulfilling international obligations, you may notify readiness to enter into relations.
For your further information upon the subject-matter of this instruction I inclose a copy of a Senate document No. 40,1 Fifty-fourth Congress, second session, being a “Memorandum on the method of ‘recognition’ of foreign governments and foreign states by the Government of the United States, 1789–1897,” presented to the Senate by Mr. Hale.
I am, etc.,
Acting Secretary.
- Not printed.↩