proved authorities. But they are great and
extraordinary cases, by no means submitted to so limited an organ of the
national will as the executive of the United States; and certainly not
to be brought by any torture of words, within the right to receive
ambassadors."[346]

Hamilton, with the case of Genet before him, had taken the contrary
position, which history has ratified. In consequence of his power to
receive and dispatch diplomatic agents, but more especially the former,
the President possesses the power to recognize new States, communities
claiming the status of belligerency, and changes of government in
established states; also, by the same token, the power to decline
recognition, and thereby decline diplomatic relations with such new
States or governments. The affirmative precedents down to 1906 are
succinctly summarized by John Bassett Moore in his famous Digest, as
follows: "In the preceding review of the recognition, respectively, of
the new states, new governments, and belligerency, there has been made
in each case a precise statement of facts, showing how and by whom the
recognition was accorded. In every case, as it appears, of a new
government and of belligerency, the question of recognition was
determined solely by the Executive. In the case of the Spanish-American
republics, of Texas, of Hayti, and of Liberia, the President, before
recognizing the new state, invoked the judgment and cooperation of
Congress; and in each of these cases provision was made for the
appointment of a minister, which, when made in due form, constitutes, as
has been seen, according to the rules of international law, a formal
recognition. In numerous other cases, the recognition was given by the
Executive solely on his own responsibility."[347]

The Case of Cuba

The question of Congress's right also to recognize new states was
prominently raised in connection with Cuba's final and successful
struggle for independence. Beset by numerous legislative proposals of a
more or less mandatory character, urging recognition upon the President,
the Senate Foreign Relations Committee, in 1897, made an elaborate
investigation of the whole subject and came to the following conclusions
as to this power: "The 'recognition' of independence or belligerency of
a foreign power, technically speaking, is distinctly a diplomatic
matter. It is properly evidenced either by sending a public minister to
the Government thus recognized, or by receivi