Evening star. [volume] (Washington, D.C.) 1854-1972, 1898-07-19
GOVERNMENT OF SANTIAGO
Instructions Issued for the Military Com
marder.
Treatment of Public and Private.
Property--Coiiectio of Taxes
The Police and judiciary.

The President has issued an executive.
order providing for the government Of the
province Of Santiago. IL is addressed TO
the Secretary of War and n copy has been
cab.ed to General saafter at Santiago de
Cuba for his information and guidance.
with instructions to have it published in
both English and Spanish and given the
widest circulation in Cuban territory I'M
der American control.
The document. which marks an epoch in
American history. is as follows:
Executive Mansion. Washington.
July IL, ls's.
To the Secretary Of War:
Sir-The capitulation OF the Spanish
forces in Santiago de Cuba and in the east
ern part of the province of Santiago. and
the occupation or the territory by the
FORCES of the United States. render IL neces-
safy TO instruct the military commander of
the United States as to the conduct which
ne is TO observe during the military occu-
patton.
The first effect of the military occupation
OF the enemy's territory is the severance
or the former political relations of the in
habitants. and the establishment Of a new
political power. Under this changed con-
diuon or things the Inhabitants. SO long
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
SIiDtAO De acquainted with the DlIrppSp Of
the United States to discharge to the full
est extent its obligations in this regard
1t Will therefore be the duty of the com.
mander of the army OF occupation TO an
noHhce 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 en-
Payments. and in their personal and re-
iigious rights. All persons who either nv
active aid or b.! honest submission CO.
operate with the United States In it's ef-
forts to give effect TO this benefcent nur-
ana protection. Our occupation shall be
as Tree from severity as possible
though the powers OF the military occu-
pant are absolute and supreme and i'm
media'ely operate upon the political condg-
tlGn OF the Inhabitants. the municipal laws
OF the conquered territory. such as affect
private rights of persons and property and
proNlde IoT the punishment of crime are
cons oered as continuing i'm force SO far as
they are compatible with the new order of
Things, until they are suspended OF SUPER
seized py the occupying heligerent; and in
practice they are not usually abrogated
but are allowed to remain in force and 10
be administered by the ordinary tribunals
substantially as they were before the occu-
patton his enlightened practice is so far
as possible. to be adhered TO on the present
occasion. The Judges and the other Off
Gals connected with the administration of
Justice may. if they accept the supremacy
OF the | nited States, continue to administer
the ordinary law of the land. as between
man and man. under the supervision of tho
American commander-in-chef. The native
cOEStaDulary VIII. so far a NAV be Dractic-
able, be preserved. The freedom of the
people to pursue their accustomed occupa-
lions Will be abridged only when il may ba
necessary TO do so.
While the rule of conduct of the Ameri-
can commander-in-chief will be such as has
just been defined. il will be his duty TO
adopt measures of different kind if, un-
1ralxr
render such measures Indispensable to the
maintenance of law and order. He will then
possess the power to replace or expel the
native officials in part or altogether. to sub
stitute 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 experience and "A high
sense OF justice.
One of the most important and practical
problems with which it will he necessary
TO deal is that of the treatment of property
and the collection and administration of the
revenues. 1T is conceded that all public
funds and securities belonging 10 the gov
eminent of the country in its own right
and all arms and supplies and other NOV
able property of such government NAV be
seized by the military occupant and con-
Verted to his own use. The real property
of the state he may hold and administer
ct the same time enjoying the revenues
thereof, but he is not to destroy it, save in
the case of military necessity. All public
means OF transportation. such as telegraph
lines. cables, railways and boats belonging
to the state, may be appropriated 10 his
use, ut, unless In case of military necessi-
~, they are not 10 be destroyed All
churches and buildings devoted to religious
worship, and to the arts and sciences and
all school houses. are. SO far as possible to
be protected, and all destruction or inten-
uonal DETACHMENT Of such places of his
torical monuments or archives. or Of works
of science or art, is prohibited. save when
required by urgent military necessity.
Private property, whether belonging to
individuals or corporations. Is 10 he re-
spected, end can be coniscaIcd only as
hereafter indicated. Means Of trauspnrta-
ton, such telegraph lines and cables
railways and boats, may, although they
belong to private individuals az cornor;t-
tions. be seized by the military occupant,
but unless destroyed under military ne
cessity, ere not to be retained.
While it is held to be the right Of the
conqueror to levy contributions upon TIE
enemy in their seaports, towns or prov
inces which may be in his military POSSES
sion by conquest ami 10 apply the pro-
ceedS to defray the expense cf the war
this right is to be EXERCISED within such
limitations that it may not SAVIOR of con-
hScation. AS the result of military occu-
patton, the taxes and iuJies payable 10y
the Inhabitants to the former government
become payable to the military occupant,
unless he sees fit to substitute for them
otter rates or mod IS of contribution to
lne expenses OF the government. The
moneys SO collected are to be used for
the purpose of paying the EXPENSES If
government under the military occupation.
such as the salaries of ;he judges and
the police, and for the payment of .g,s
expenses of the army
Private property taken for the use cf
the army is to be paid for when possible
al cash at fair valust;o1, and when pay
menI in cash is not possible receipts are
to be given.
Ali ports and places in Cuba which may
De In the actual pos session of our land
and naval forces will be opened 10 the
commerce of all neutral nations, as s.e!I
as our own. in articles not ccatrabsud
of war, upon payment of the prescribed
rates OF duty which may be IN force at
the time of The importation
WILLIAM MCKINLEY.