The times. [volume] (Washington [D.C.]) 1897-1901, 1900-04-27

island is equally amenahle not only to
congress. but in the courts of law for
| every act he performs there under the
orders of the President or the heads OF
departments. Congress can amend the
| articles and rules OF war so as to create
new offences. and their violation in Cuba
would be a violation of that act of Con-
sress. congress can declare by law, il IL
mas not already so enacted. that no officer
| y, tne United States civil or military.
suaii receive any pay or emolumeats from
any source whatever other than the salary
prescribed by law for his Office and forfeit
the commission of any such officer for
accepting other compensation or emolu-
/ ments; and no officer of the Army vouid
Tor a moment doubt that II he violated
That law he would forfeit his commission
I Similarly Congress could amend the law
so as TO authorize officers of the Army to
I accept appointments to civil Office in Cuba
without FORGETTING their commissions Let
Congress undertake to legislate for Cuba
and the last people in the world to CUES
tion the power of Congress to so legis-
late viii be the military officers in Cuba
and the other American citizens who are
now the instruments of the de facto gov
eminent there existing.
The United States Goyernment-snd by
mat phrase l mean every branch Of that
Government and the people of the States
are the governing power In CUBA toby.
l. ne whoie world recognizes that fact and We
/ nave assumed all the responsibility implied
oy tnat recognition. spain and cther cnuu-
! tries have sent their consuls there. not as
| eonsuis to Cuba. but as eonsuls to the
United States. These consuls are recog-
nized by our executive department, not az
eonsuls 20 foreign countries, but as con-
suis to the United States. and their exc
quaturs are granted to them by our Seere-
tary or State as such consu's VIII any
one seriously contend that Congress can
not legisiate in regard to such conSu's in
Cuba and give them the protection Of our
federal courts. equally with other foreign
ccnsuls? OF course not. II any CT our citi-
zens should violate our statutes in foreign
countries, fer example misappropriate
money received by them for pubic use, CT
engage in counterfeiting the money OF tie
United States. or commit any other fraud
upon the Government. would not they re
punishable as prescribed By act OF Con-
gress? To this extent these acts Of Con-
gress have operation in foreign countries.
American citizens have even been SEN
fenced to death by consular courts in fer
eign countries pursuant to Jurisdiction
created by act of Congress, with the con-
sent Of the foreign States.
What foreign State or power must we
consult before Congress can legs.ate for
CuSo- ttitd not Sptin. ana csTtdlulJ
not Cuba. because that island is wholly
subject to the sovereignty of the United
states. Notwithstanding the dictum Of the
distinguished Senator from Connecticut, I
respectfully insist as one OF the sovereign
people who are responsible for the welfare
of the inhabitants of Cuba that 1t is not
only within the power of Congress tc legis-
late for the government and welfare of
those inhabitants but that it is the duty
of that department of the Government to
at once relieve the President from the re-
sponsibilitY imposed upon him as a result
of the ratification of the Treaty of Paris,
Of maintaining over them a de facto gov
eminent. Rule by the military in time
OF peace. Is obnoxious to our institutions
and the responsibility therefor is wholly
with Congress and in no degree with the
President
In thus commenting upon the dangerous
and untenable position ASSUMED By the
eminent Senator, do not for a moment wish
it to be understood that intend to detract
from the able, loyal, and patriotic course
pursued by our President throughout his
whole administration of the arducus and
responsible duties devolving upon him. and
am quite sure he would be the last one
to attempt to wrest from or usurp the
prerogatiyes belonging to a
20 ordinate branch of the Government that
he has sworn to observe and protect Very
THOMAS p. OCHIL1GEE