The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1898-07-19

1n6ul-1nl1I1C0 " 44OlCClAOAs
Washington, July 1S.-A state paper
that will be historic, marking an epoch
in American history, was issued to-
night by direction of President Nc
Kinley 1t provides in general terms
for the government of the province of
Santiago de Cuba, and is the first
document of the kind ever prepared by
a president of the United States. By
order of Secretary Alger. Adjutant
General Corbin tonight cabled the docu-
nent to General Shafter, in command
of the military forces at Santiago.
The paper is not only an authorize
ton and instruction of General Shafter
for the government Of the captured
territory. but also a proclamation to
the people of the territory Of the in
tentions of the government of the
United States regarding them and their
interests. 1t marks the formal eStab-
lishment of a new political power IN
the island of Cuba and insures to the
people of the territory over which the
power extends absolute security in the
exercise of their private rights and
relations, as wei as security TO their
persons and property The full text OF
the document is as follows:
"Adjutant Generals Office, Washing
ton, d. c.. July Is. 1898, General
Shafter, Santiago. Cuba: The follow
ing is sent you for your Information
and guidance 1t will be published in
such a manner, in both English and
Spanish, as will give it the widest cir
culation in the territory under your
control:
Executive Mansion. Washington, d.
c., July 49, 1898. To the Secretary of
War: Sir: The capitulation OF the
Spanish forces in Santiago de Cuba and
in the eastern part of the province or
Santiago, and the occupation of the
territory by the forces of the United
States, render it necessity TO instruct
the military commander of the United
States as to the conduct which he IS
to observe during military occupation
THE first effect Of the military Oc-
cupation of the enemy's territory is the
severance of the former political re-
lations of the inhabitants and the
establishment of a new political power.
Under this changed condition of things
the inhabitants. so long as they per-
form their duties, are entitled to Sc
curity in their persons and property
and in all the private rights and re
lations. It's my desire that the in
habitants of Cuba should be &C
quainted with the purpose of the
United States to discharge to the
fullest extent its obligations in this
regard. 1t will therefore be the duty
of the commander of the army OF Oc-
cupation to announce and proclaim IN
the most public manner that we come
not to make war upon the inhabitants
of Cuba, nor upon any party or FAC
ton among them, but TO protect them
in their homes, in their employments
and in their personal and religious
rights. All persons who either by
active aid or by honest submission, CO.
operate with the United States in us
efforts to give effect to this benenc1ent
purpose will receive the reward OF its
support and protection. Our occupa-
ton should be as free from severity as
possible.
LAWS IN FORCE.
Though the powers of the military
occupation are absolute and supreme
and Immediately operate upon the
political condition of the inhabitants,
the municipal laws of the conquered
territory. such as affect private rights
of person and property. and provide
for the punishment of crime, are con-
sidered as continuing in force, so far
as they are compatible with the new
order of things, until they are sus-
pended or superseded by the occupying
belligerent, and in practice they are
not usually abrOgated, but are allowed
TO remain IN IOICe, anu " DC
by the ordinary tribunals,
substantially as they were before the
occupation This enlightened practice
is so far as possible, to be adhered 10
on the present occasion The judges
and the other officials connected with
the administration of justice may, II
they accept the supremacy of the
United States. continue to administer
the ordinary law Of the land. as be-
tween man and man, under the super
vision of the American cOmmander-ln-
chief The native constabulary VIII,
so far as may be practicable, be pre-
served.
saThe freedom of the people to pursue
their accustomed occupations viii be
abridged only when it may be neces-
sary to do so.
MAY EXPEL OFFICIALS.
while the rule of conduct of the
American commander in chief Will be
such as has just been defined, II VIII
be his duty to adopt measures OF
different kind if unfortunately, the
course of the people should render
such measures indispensable to the
of law and order. He Will
then possess the power to replace or
expel the native officials. in part or al
together, to substitute new courts OF
his own construction for those that
now exist, OF 10 create SuSA new u
tribunals as may be
In the exercise of these high
powers the commander must be guided
by his judgment and his experience
and a high sense of justice.
COLLECTION OF REVENUES.
Zone of the most important and most
practical problems with which it viii
be necessary to deal is that of the
treatment of property and the cOllec-
ton and administration of the reve-
nues. 1t is conceded all public funds
md securities belonging to the gov
eminent in it's own right and
all arms and supplies and other NOV
able property of such kind may be
seized by the military occupants and
to his own use. The real
property of the state he may hold and
at the same time enjoying
the revenues thereof, but he is not to
destroy it save in the case of military