The times. [volume] (Washington [D.C.]) 1897-1901, 1900-04-27
HOW Is CUBA GoyERNED2
senator PIatt'S Contention Not Pos
sibIc to BE Sustained

{ 10 inc EDITOR Of The Times;
Senator Platt Of Connecticut. in the de-
bate on the Bacon resolution asking for
an investigation OF extra pay TO United
States Army officers in the Military De-
partment OF Cubais reported in the Cen
gressional Record" as having said: Con
gress cannot lay customs duties in Cuta
| Congress cannot legislate taxes In Cuba
Congress cannot legislate to erect pubic
buildings in Cuba or repair them"
! The distinguished Senator takes the posi-
ton that Cuba Is a foreign country and.
therefore, Congress cannot Iegis' ate for it.
I He holds that the President OF the United
states. as Commander in Chief OF the ar
mics and navies Of the United States has
unlimited power in that island and Con-
gress no power whatever.
The Treaty of Peace between the United
States and Spain clearly defines the status
Of the Island Of Cuba BY that treaty
Spain relinqushed her sovereignty ard
title 20 that island. and the United States
I agreed TO occupy it and assume all of tie
obligations which, under international Jaw.
may result from its occupancy for the pro-
lection of life ard property. Cuba is not
aforeign country in the ordinary or the geo
graphical or the political sense of the term.
q
| 1t never had a national government CT a
| nationality. 1t is today an island under
the sovereignty OF the United States No
other sovereignty exists there.
What do we mean by the phrase the
sovereignty of the United States?' The
sovereignty of the United States is vested
in the people Of the States of the Union.
The people" have delegated their powers
OF sovereignty in part, and only in part.
to the Government OF the United States,
and vested it in three coordinate depart
ments-the legislative the executive. and
( the judicial. Therefore when Spanish SOW
ereignty ceased to exist IN Cuba. the SOW
ereignty which took its place was the
/ sovereignty Of the United States which is
vested in these departments OF the Gov
eminent. But the learned Senator says
that only part Of the sovereignty OF the
United States can now be exercised in
Cuba-the executive branch. because Cuba
is "a foreign country" How can any
country under the exclusive sovereignty
of the United States be called foreign to
the United States2 How can Cuba be :or-
eign while it continues within the sphere
of American sovereignty? Under interna-
tional law and the obligations that result
therefrom, the sovereignty of the United
States is the only sovereignty recognized
in Cuba today throughout the civilized
world. All the governments of the world
must respect the territory Of Cuba as
United States territory.
If any branch of the sovereignty of the
United States has any particular power
to control in and over that island. more
than any other branch, it is the legsla-
tive branch of the Government-Congres
The President cannot exercise in Cuba
today any Of the war powers pertaining to
his department of the Government. sim
ply because those powers can be exercised
only in time Of war. and in respect to
Cuba, that time ceased on the 18th Of
April, 1899, the day the President CT the
United States proclaimed to the world
Treaty OF Peace between the United States
and Spain.
l cannot understand why so able law
yer as the Chairman Of the Committee
on the Affairs Of Cuba" could for a mo-
ment contend that the war powers of the
President had any existence In Cuba after
the date of the ratification OF the Treaty Of
Paris. In taking this position | do not
mean TO say that the President has not
rightfuIly any power of government over
that island at the present time. He has
that right but It is not to be exercised as
a war power. but merely pursuant to that
law Of necessity" which is recognized by
the law of nations and by our own highest
courts, namely, that conquered territory.
or ceded territory, with civilized inhabi-
tants, must necessarily have government
Of some kind. Such a government. until
some other government is established by
the cOnqueror or by the Government con-
trolling it, is what is called a de factO
government OF course, the de factO gov
eminent exists only until a de iure gov
eminent is established by the conquering
power. The President Of the United States
has certainly no power to establish a de
jure government anywhere. That power
can only be exercised by the legislative
branch. This being clear beyond question.
it appears to me to be the assertion of
novel doctrine to say that so long as the
United States occupies the island OF Cuba,
under the treaty with Spain. and assumes
the obligations which arise from that oc-
cupancy under international law. the Gov
eminent which assumes that responsibility
cannot legislate for the protection Of life
and property in the island Of Cuba or
in regard to any other sovereign duty.
In our Government the power Of legisla-
ton is confined absolutely to Congress. II
follows that the de factO government or
executive control now existing in Cuba
is existing there only at the suferanee
of Congress. II is an axiom Of the Amer
lean people that, in time Of peace, the
cannot be used for the government OF any
people who are under the exclusive SOW
ereignty Of the United States The mill
tary forces Of the United States in Cuba
today are performing police duty under
the law of necessity and not military duty
as instruments Of the COMMANDMENT
Chief OF the Army
Every officer and soldier Of the army of
the United States in Cuba today is as re-
spOnsble before the laws of the United
States for his actions there as il he were
performing police duty in Porto Rico or
Idaho. The act OF Congress which pre-
scribes the rules and articles Of war apply
there as fully in any State in the Union.
IL would therefore be asserting n strange
doctrine 10 say that an act OF Congress
passed now in respect to our national duty
in Cuba would not have force there equally
with the rules and articles of war.
Surely the learned Senator will not de-
ny that the Rules and Articles Of War"
are in full operation in Cuba today II
he admits the operation Of this act Of Con
gress then he is absolutely without foun
datGn for the assertion that Congress has
10 power to legislate for Cuba.
The doctrine Of the law Of nations as
stated by the Supreme Court of the Cuited
States in Pollard. Lessee vs.. Hagau e, al.
6 How. 212-225l is that. "Eve-y nation
acquiring territory by treaty or otherwise
must hold it subject to the constitution
and laws Of it's own Government. and moi
according to those OF the Government ced-
ing IT," This is no more than 10 say that
when the laws Of the former Government
cease to operate in any country occupied
by the Government of another country ihe'
laws of the latter country sUpersede those
of the former so far as the law making
power Of the latter country may desire to
Supersede them This therefore is prdC-