The evening times., 1899-09-05
CUBAN PRESS RIGHqS
Island Newspapers Discuss Ell Re-
concentrate Case.
EI independents. a Weekly journal
Publishes Long Editorial i'm OPP
position to the Suppression order
Issued by General Ludiow-That
Officer Is Accused of Tyranny.

l
paper at Havana which was suppressed by
General Ludlows order on August l, are
still waiting for some official action on the
part of the Administration. They still be-
lieve that General Ludlow's order will be
rescinded by the War Department and that
they will be permitted to resume the pub
LEGATION Of their newspaper. The Cuban
editors said to Times reporter today that
all the papers in the island continue to
discuss General Ludlow's act aud that with
one or two exceptions the Cuban press
condemn the suppression of lei Recon-
centrado' by military authority. AS
specimen of Cuban sentiment they submit
ted the following from lei Independence.
q leading weekly journal published at Ha-
vana.
The Case of Eel RecOnceniradO.
Our colleague, La Espanola.' if We
may be permitted to call a paper by that
name which is so much larger than or
sheet, is of the opinion that Ell Indepen
diente' has erred from a legal point o
view, in treating of the suppression o, Ell |
Reconcentrado' by order of the military |
governor of Havana. 1t would not have |
been strange for 'El Independence to |
have erred, because that is fault which |
can happen TO all of us, even though We
pay great attention to the vibrations OF
the diapason; but in this case We do not
believe we have erred
The question is more complex and dell
cate than it appears TO be at first sight.
II is so to such a point, in our opinion,
and We shall state later on what we base
our opinion that what is considered as a
justifiable reason for the suppression o.
the newspaper, would not be admitted be-
fore an American court. Even in abnor-
NAL conditions only high conside. ations of
pubic order can justify the act of mill
tary authority depriving an individual o.
certain rights without a trial; and Ii will
be seen that. If the question is continued.
it Will be alleged that the suppressed
newspaper by reason of its publications,
! incited to sedition. If this is proven or
not, il is not the question for us 10 dis
1 cuss. IL appears to us that La Union Es-
pamela erTs in affirming that everything
! in Cuba is or can be done outside OF the
I law: extra legen.
I'VE must remember first that the Gov
ernment of the United States is not
! established in Cuba as a conqueror; sec
ond, that Cuba is not in a state of war;
third, that the laws of the country were
declared in force by the President of the
+! United States; fourth, that, according 10
American law, even though a territory is
/ under military control, if the courts are
open and discharging their functions. il is
their duty, and not that of the military au-
thority. to pass upon and punish offences
and crimes committed by citizens: fifth.
that even though the territory is declared
in state OF siege and the ordinary courts
are closed, the military authorities cannot
deprive the inhabitants of their property,
except on account OF reason OF military
necessity, and sixth that the President,
even though acting as general in chief and
IL. h.
conform to the principles of international
law and to the stipulations of the treaties
/ celebrated by the United States with other
nations
Americans Not Conquerors.
I'VE shall be told that the first is an IL
. lusion, because the United States are in
Cuba in the character they may choose
. All right. That is what some people be-
lieve; but we believe that they are here
as intermediators, and our belief has an
indisputable foundation, on which We can
base ourselves, and on which We would
base ourselves with success if We did not
have so many cobwebs in our brain, SO
much apathy in our spirit. and If We took
less stock in fancies and dreams. But let
US take it for granted that the United
States are in Cuba in the guise OF con-
querors.
1T IS a fact that Cuba is not in a state
OF war, and il is also fact that the laws
of the country, good bad have been de-
clared in force by the American Govern
ment AS conquerer il has the right to
reform, them or repeal them and to pro-
mulgate others; but until it does so the
military authority is obliged to respect
them; if il does not respect them il COM
mits an act of despotism, and against an act
of despotism there is a right TO complain.
Will the complaint not be admitted? That
is more than anyone can nationally affirm,
and We shall take good care not TO do SO,
, bscause We have higher idea OF the no
tions and sentiments of right of the Ameri-
. can people even though some believe that
they are lacking both And the writer of
this has lived for thirty years among them.
. Let the complaint be presented in due form.
let il have a positive basis, let the action
be instituted in a moderate and prudent
manner and we shall see whether it is at
tended 10 or not. In the United States the
so-calIed principle Of authority is unknown
A public official does not consider that he
lowers himself il he commits an error and
than corrects il, and his superior does not
: hesitate to annul the act of his inferior II
he considers il unjust. This is a fact and
: happens daily.
civil Authority Supreme.
THE law issued by the Federal Con-
gress on March 3, 1863, exempting from
liability military authorities for acts which
Z they execute by virtue of an order or
mandate of the President, even though
c those acts violate individual rights, was
Y | declared unconstitutional by the courts, and
was therefore annulled- With regard &c
" ! point number 4, there are several opinion:
/ Of the Supreme Court of the United states
: which thus declared it with regard to com
y mon offences or crimes
N / fho iii n
. of the army of the United States IN th'
field" prove what we affirm In the niti
o case and what follows is too well known
d TO require the citation of any authority
| but we do have to state, because II Is Verl
pertinent. that in the second paragraph o.
L the eighth article of the Treaty OF Peace
: with Spain, the United States bound them
L selves to respect ownership or the cores
& | nending rights lin accordance with tht
laws - OF private individuals ne
o matter what may be their nationality. Ant
, a newspaper is property as much as any
y y thing else.
1--WE shall probably be told that Cuban!
at the present time do not have any ma
tionality from a political standpoint, ant
therefore that the stipulation of th'
= Treaty of Peace does not include them. w
u are far from believing that such Is th
,; case. but we will not discuss it. Have the.
u no civil rights? Well those rights hav
II been acknowledged and declared in fore
u by the mediator. conqueror, or whateve
you may wish to call him, and in the pres
ent case. have not been respected. If Cub