Daily Kennebec journal., 1898-07-19


Washington, d. c., July 1S 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 of Santi-
ago, and the occupation of the territory
by the forces of the United States. rem
der it necessary to instruct the military
commander of the United States as to
the conduct which he is to observe dur
ing the military occupation.
The first effect of the military oecn-
patton of the enemys territory is the
severance of the former political rela-
tions of the inhabitants. and the estaD-
lishment of a new political power. IN
der this changed condition of things
the nhabitants, so long as they per
form their duties, are entitled to secur-
ity in their persons and property, ANA
in all their private rights and relations.
1t is my desire that the inhabitants
of Cuba should be acquainted With th@
purpose of the United states to dis
charge to the fullest extent its oblga-
tions in this regard.
1t Will, therefore be the duty of the
commander of the army Of occupation
to announce and proclaim in the most
make war upon the inhabitants of Gu
ba. nor upon any party or faction
among Them. but to protect them in
their homes, in their cmpioyments ana
in their personal and religious rights.
All persons who. either by active aid or
by honest submission, cooperate with the
United States in it's efforts to give effect
to this benciicent purpose. will receive
the reward of its support and protection.
Our occupation should be as free from
severity as possible,
Though the powers of the military occu-
pants are absolute and supreme and inn
me1ately operate upon the political CON
dition of the inhabitants, The municipal
laws of the conquered territory. such rs
affect private rights Of persons and prop
erty. and provide for the punishment of
crime, are considered as continuing in
force. so far as they are compatible with
the new condition of things, until they
are suspended or superseded by the occu-
pancy from the bclligcrcnts; and in prac-
tice they are not usually abroSated. but
are allowed to remain in force, ana to be
administered by the ordinary tribunals,
substantially as they were before the
occupation.
This enlightened practice is, 50 far a7
possible to be adhered to on the present
occasion. The Judges ana the other ofli-
ciaIs connected with the administration
of justice may. il they accept the supre-
macy of the United States, continue tC
administer the ordinary law of the land
as between man and man, under the SUI
pervson of the American commanders
in-chief The native constabuary will
so far as may be practicable, be pre-
served. The freedom of the people TO pur
sue their accustomed occupations will b,
abridged only when it may be necessary
TO do so.
While the rule of conduct of the
American commander-in-c will =.
such as has Just been defined it VIII ps
his duty to adopt measures Of a differ
cnt kind, if unfortunately. the cours,
of the people should render such meas
ures Indispensable to the maintenance,
of law and order. He viii then poss s.
the power to replace or expel The nativ,
officials in part or altogether, to SUB
stitute new courts of his own consti
tuition tor those that now exist or Il
create such new or supplementary tri
bunals as may he necessary. In th
exercise Of these high powers, the com
mander must be guided by his judg
ment and his experience and high
sense of justice.
One of the most important and mos
practicable problems With which it ,,!i
be necessary to deal is that of treat
ment of property and the collection a.,
administration of the revenues. 1t i
conceded that all public funds and Sc
curites belonging to the governnlcn
of the country in its own right, and A.
arms and supplies and other movabl
property of such government may D
seized by the military occupant an
/ converted to his own use. The rea
property of the state he may hold an
administer. at the same time enj0yin
the revenues thereof, but he is not t
destroy it save in the case of militar
necessity.
All public means of transportation
such as telegraph lines, cables, rail
WAYS and boats belonging to the state
hay be appointed to his use, but un
Bs i'm case of military necessity the.
not to be destroyed. All churche
buildings devoted to religious wor