The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1899-08-21
IS CUBA

Some recent occurrences a raised this
question in a new form. A few days ago
General Jiminez, who has been in Cuba for
some time and who aspires to be President
Of San Domingo, was arrested by the Amer
lean military authorities on board a steamer
just as he was leaving Cienfuegos. The
arrest was made presumably on the ground
that Jiminez was going to place himself al
the head of the revolution in San Domingo
or, in other words, to engage in a filibuster-
ing movement against a friendly power. The
Cuban mayor of Cienfuegos protested
against the arrest, and public sentiment
there was outspoken against It. There seems
to be some doubt as to who ordered the ar
rest, and the Washington authorities have
no official report ON the subject yet. A
Washington dispatch says, however, that
prevent flibustering expeditions and that
the arrest of Jiminez Is wholly within the
province Of the military authorities and
cannot involve any International question.
Another case is that Of an Havana man
arrested in New Orleans for an offense COM
mitted in Cuba, In which the defendants
attorney raises the point that Cuba is a
foreign country and that the United States
courts have no jurisdiction of offenses COM
mitted on its soil. The dispatch says:
Counsel proposes to submit Articles i and
2 of the declaration of the war with Spain.
Article l says that Cuba is and ought to
be a free and independent nation, and Arti-
Gle 2 explicitly disavows any intention on
the part of the United States to assume
GOVprpiCnfV over tha island Counsel will
argue that Cuba IS now in fact an indie
pendent nation and as such must enter into
b befe ereT Il can reclaim sle q f Mitf : yes w whitf hay STATES t1eS
to this country from it's shores. As no such
treaty exists he will ask the discharge of his
client.
In a sense these cases raise the question
whether Cuba is independent, but the ques-
ton Is rather academic than practical. The
resolutions Of Congress at the beginning of
the war declared that "the people of the
island Of Cub are. and of right ought to be,
free n independent" but they also de-
clared the intention of the United States to
exercise over the island >such sovereignty
as might be necessary "for the ~pacifcation
thereof" Since the treaty of peace and the
evacuation of the island by Spain there has
been no sovereignty there except that of the
United States. The treaty of peace, after
providing for the REIMBURSEMENT of Cuba by
Spain, says: And as the island is, upon its
evacuation by Spain, to be occupied by the
United States. the United States will, so
long as such occupation shall last, assume
and discharge the obligations that may un-
der international law result from the fact
of its occupation, for the protection of life
and property" This Is a clear assumption
by the United States of sovereignty pro TEN,
with all the international responsibilities at
taching thereto. Cubs is in a transition state.
She is on the way to Independence, but not
yet independent. For all practical purposes
the sovereignty of the United States III the
island is. for the time being, complete, and
1t is responsible for the preservation OF
peace. the enforcement of law and the pre-
vention OF hlibustering expeditions. 1t will
be time enough to talk about Cuba being a
nation when it shall have a civil govern
ment.