The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1898-07-19
LAW FOR CUBA.
The Rights and Intentions Of
Our Government.

Washington, July 1S.-The full text of
President McKinley's letter to General
Shafter IS as follows:
Adjutant Generals Office.
Washington, July IS.
To General Shafter, Santiago de 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 it the widest
circulation in the territory under your
control.
Executive Mansion,
Washington, July 18.
To the Secretary of War:
Sir:-The capitulation of the Spani ish
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 occupation.
The first effect of the military occupa-
tion of the cnemy's territory is the sever
ance of the former political relations of
the inhab1 tants, and the establishment of
a new political power. K, Under this
changed condition q, things, the inhabi-
tants so long as they perform their duties,
are entitled to security, In their persons
and property, and In all their private
rights and relations. It is my desire that
the Inhabitants of Cuba should be ac-
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 occupation 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 employ
ments and in their personal 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 benefoent purpose will
receive the reward of its support and pro-
lection. Our occupation should be as
free from severity as possible.
Though the powers Of the military oc-
cupant are absolute and supreme and i'm
mediately operate upon the political con-
dition of the inhabitants, the municipal
laws of the conquered territory such as
affect private rights of persons 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 occu-
pying belligerent; and in practice they
are not usually abrogated, but are allowed
to remain in force, and to be administered
by the ordinary tribunals, 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 the other officials con-
nected with the administration of justice
may, if 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 constabulary will SO far as may be
practicable. be preserved. The freedom
OF the people to pursue their accustomed
occupations will be abridged only when it
may be necessary to do SO.
While the rule of conduct of the Ameri.
ran commander in chief Will bo such as
has just been defined itawill beEhis duty to
adopt measures of IA different kind it, un-
fortunately, the course of the people
should render such measures indispensable
to ths maintenance of law and order. He
will then possess the power to replace or