Evening journal., 1898-07-19

absolute security in the exercise of their
private rights and relations, as well as
security TO their persons and property.
The full text Of the document is as fol-
lows:
Adjutant Generals Office,
Washington, July is, 1898.
General Shafter. Santiago, Cuba:
The following is sent you for your in
formation and guidance. 1t will be pub
lished In such manner in both English
and Spanish as will give 1t the widest
circulation in the territory under your
controls:
Executive Mansion.
Washington. July IS, 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 Santia-
go and the occupation of the territory
by the forces of he United States rem
der It necessary to instruct the militia
~ commander OF the United States as
to the conduct which he is to observe
during the military occupation.
The first effect of the military occu-
patton of the enemy's territory Is the
severance Of the former political rela-
tions of the inhabitants and the estab-
lishment of a nck political power. I'm
der this changed condition of things The
Inhabitants so long as they perform
their duties are entitled to security in
their persons and property and in all
their private rights and relations. II is
my desire that the inhabitants of Cuba
should be acquainted with the purpose
Of the United States to discharge to the
fullest extent its obligations in this re-
gard. II will therefore be the duty of
the commander of the army Of CcRupa-
ton 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 faction
among them. but to protect them in
their homes, IN their employments and
in their rarsonal and religious rights.
All persons who. either by active aid
or by honest submission cooperate
with the United States in its efforts TO
give effect to this benehcient purpose
Will receive the reward of it's support
and protection. Our occupation should
be as free from severity as possible.
Though the powers of the military
occupation are absolute and supreme
and Immediately operate upon the po-
litical condition Of the inhabitants, the
municipal laws Of the conquered terri
tory, such as affect private rights of
person and property 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superseded by the occupying belliger-
ent, and in practice they are not usual
ly abrogated, but are allowed TO re-
main in force and to be administered by
the ordinary tribunals substantially as
they were before the occupation. This
enlightened practice is so far as possi-
bic TO be adhered to on the present oc-
casion. The judges and the other Off
cials connected with the administration
of justice may, If they accept tho su-
premacy Of the United States. continue
to administer the ordinary law Of the
land as between man and man under
the supervision of the American COM
mander in chief. The native constabu-
larry will so far as may be practicable
be preserved. The freedom of the peo-
pie to pursue their accustomed occupa-
tions will be abridged only when IL may
be necessary TO do so.
While the role Of conduct Of the Amer
ican commander in chief will be such
as has just been defined, it will be his
duty to adopt measures Of a different
kind If. unfortunately, the course Of the
people should render such measures in
dispensable 70 the maintenance of law
and order. He will then possess the
power to replace or eXpel the native Of
ncials in part or altogether, 10 substl-
tute new courts of his own constitution
for those that now exist or to create
| such new or supplementary tribunals as
may be necessary. In the exercise of
/ these high powers the commander must
/ be guided by his judgment and his ex-
perience and high sense of justice.
/ one of the most important and most
practical problems with which il will
/ be necessary to deal is that Of the treat
ment Of property and the collection and
administration of the revenues. II is
conceded that all public funds and Sc
curities belonging TO the government OF
the country in its own right and an
arms and supplies and other movable
property OF such government may be
seized by the military occupant and
converted TO his own use. The real
property Of the state he may hold and
administer, at the same time enjoying
the revenues thereof. but he is not t.
destroy it save in the case of military
necessity.
An public means of transportation
such as telegraph lines. cables. railways
and boats, belonging TO the state may
be appropriated to his use. but unless IN
case Of military necessity they are not
to be destroyed. All churches and build
I ings devoted TO religious worship and
to the arse and sciences and al school.
houses are. so far as possible. to bC
protected. and all destruction or inten.
tional DETACHMENT Of such places, OF
historical monuments or archives or OF
works Of science or art is prohibited