824.00/908
Memorandum by the Legal Adviser (Hackworth) to the Chief of the Division of the American Republics (Duggan)
Mr. Duggan: A change in the form of government of a foreign state brought about in the manner suggested in your memorandum would not require any formal act of recognition on our part. On the contrary, some positive act on our part would be necessary in order to avoid the implication of recognition through non-action by us; that is to say, if we did not desire to have relations with the government under the new régime, it would be necessary to indicate our attitude by refusing to treat with it through normal diplomatic channels.
Since we established relations with Germany following the World War,8 the government of that country has undergone marked political changes—changes as radical as those suggested in your memorandum—but the question of recognition by the United States has not arisen. We merely accepted the situation as it developed and continued to deal with the German Government. This would seem to be a close analogy to the situation referred to by you.