The enterprise. [volume] (Wellington, Ohio) 188?-1899, 1898-07-20
MARKS AN EPOCH
A State Paper From President
McKinley's Pen.
Tho Executive Instruots Gen. Shaftor ~
to the Government of the Province Of
Santiago and Vests In Him Al
most Unllmited Authority to
Deal With Its People.


most Unllmited Authority to
Deal With It's People.
Washington, July ia state paper
that will be historic, marking an
epoch in American history, was issued
last night by direction of President
Mckinley. 1t provides for the govern
ment of the province of Santiago,
Cuba, and is the first document of the
kind ever prepared by president of
the United States. By order of Secre-
tary Alger, Adjt. Gen. Corbin last
night cabled the document to Gen.
Shafter. The paper is not only an in
struction of Gen. Shafter for the gov
ernment of the captured territory, but
also a proclamation to the people Of
the territory of the intentions of the
government of the United States re-
garding them and their interests.
1t marks the formal establishment
of new political power in the island
of Cuba and insures to the people Of
the territory over which that power
extends, absolute security in the ex-
ercise of their private rights and rela-
tions, as well as security to their per-
sons and property. The document is
as follows:
Gen. Shafter, Santiago, Cuba: The
following is sent you for your infor-
nation and guidance. 1t will be pub
lished in such manner in both English
ntch tx.i1I rr;u 4 ba mid aut
circulation in the territory under your
control.
Executive Mansion, Washington, July IS,
| 1888
To the Secretary of War:
Sir:-The capitulaton Of the Spanish forces
| in Santiago de Cuba and in the eastern part Of
the province OF Santiago, and the occupation Of
the territory by the forces of the United States
render it necessary to instruct the military COM
mander Of the United States as to the conduct
which he is to observe during the military oc.
cupation: The first effect of the military occu-
patton OF the enemy's territory is the severance
| OF the former political relations of the inhabi.
tants and the establishment of new political
power. Under 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.
1t 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 regard 1t will therefore
| be the duty of the commander Of the army OF
| occupation to proclaim in the most public man.
| ner that we come not to make war upon the
inhabitants of Cuba, nor upon any party or fac
| tion among them. but to protect them in their
| homes, in their employment and in their per
| sonal 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 benefcent purpose will re-
ceve the reward Of its protection. Our occu-
patton should be as free from severity as posi-.
BILE.
Though the powers Of the military occupant
| are absolute and Immediately operate upon the
political condition of the inhabitants. the mt
| nicipal laws of the conquered territory. 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 order of things
until they are suspended by the occupying bel
ligerents.. and in practice they are not usually
and to be administered by the ordinary tri
| bunas, substantially as they were before the
occupation. This enlightened practice is, so far
as possible. to be adhered to on the present
| occasion. The judges and other officials con
| nected with the administration of justice may
il they accept the supremacy OF the United
| States, continue to administer the ordinary law
of the land as between man and man, under
the supervision of the American commander-in
| chief. The native constabularv will, so far a!
may be practicable be preserved.
The freedom of the people to pursue theil
accustomed occupations will be abridged only
| when it may be necessary to do so. While the
rule OF conduct of the American commander
in-chief will be such as has Just been defined
it will be his duty 20 adopt measures of diff
ferent kind il the course OF the people SHOULD
render such measures indispensable to the main
tcnance of law and order. He will then pos
sess the power to replace or expel the native
officials in part or altogether, to substitute new
courts of his own constitution for those tina
now exist, or to create such new tribunals a!
may be necessary. In the exercise of these
high powers the commander must be guideC
by his judgment, his experience and higf
sense OF justice, =, of the most impor- an
problems with which it will be necessary to dea
is that of the treatment OF property and thu
collection and administration of the revenues.
1t is conceded that all public funds belonginI
to the government OF the country in its owl
right and all arms and supplies and other NOV
able property OF rXch government may b
seized by the military occupant and converted
to his own use. The real property OF the stat
he may hold and administer. at the same tint
! ENJOYING the revenhes thereof, but he is not t.
destroy it save in the case OF military neces
) sity. All public means of transportation, sucl
as telegraph lines, cables, railways and boat
belonging to the state may be appropriated t
his use, but unless in case of military necessity
: they are not TO be destroyed. All churches ant
buildings devoted to religious worship and t
the arts and sciences and all school houses, ar
to be protected and all destruction or inten
| tOndl ueIdCeH1cnt OF SuCn places OF OF WOTKS o
science or art is prohibited. save when required
| by urgent military necessity.
Private property, whether belonging to indi
viduals or corporations is to be respected ant
can be confscated only as hereafter indicated
| Means OF transportation, such as telegraph line
and cables, railways and boats, may although
| they belong to private individuals or corpora
!, tions, be seized by the military occupant, bu
unless DESTROYED under military necessity, ar
not to be retained, While it is held to be tn
| right of the conoueror 70 levy contribution
| upon the enemy in their seaports. towns o
provinces which may be in his military posses
sion by conquest and to apply the proceeds t
} defray the expenses of the war this right is t
be exercised within such limitations that it ma
not SAVIOR OF confscation
AS the result Of military occupation the take
| payable by the inhabitants to the former gov
ernment become payable to the military occu
| pant, unless he sees fit to substitute for then
other rates or modes Of contribution to the ex
| penses of the government The MONEYS 81
collected are to be used for the purpose OF pay
; | ing the expenses OF government under the mill
tarY occupation. such as the salaries OF tn
| Judges and police and for the payment OF TIL
: | expenses Of the army. Private property takei
, for the use OF the army is to be paid for whei
| possible in cash at fair valuation, and whei
payment in cash is not possible, receipts ar
| to he given.
i All ports and places in Cuba which may b
in the actual possession of our land and nava
| forces will he opened to the commerce Of al
| neutral nations. as well as our own in article
| not contraband of war, uDon payment of tn
prescribed rates OF duty which may be in fore
, | al the time of the importation.
' Wv w VIM. MCKINLEY