The times. [volume] (Washington [D.C.]) 1897-1901, 1900-04-27
HOW Is CUBA GovERNED2
senator Platt'S Contention Not Pos-
sibIe to BE Sustained

sible to BE Sustained.
| To the Editor o; The Times:
| Senator Plat 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 Cuba,is reported in the Cen
gressional Record" as having said: Con
; gress cannot lay customs duties in Cuta.
Congress cannot legslate taxes in Cuba.
Congress cannot legislate to erect pubic
buildings in Cuba or repair them"
Inc distinguished Senator takes the posi-
'ion that Cuba is foreign country and.
therefore, Congress cannot Iegis ate for it.
ne hoids that the President of the Unite d
states. as commander Chief of the ar
mics and naEies of the United States has
unlimited power in that island and Cor
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 relinquished her sovereignty ard
TUE 10 that island. and the United States
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 and property. Cuba Is not
aforefgn country in the ordinary or the geo
graphical or the political sense of the term.
IL was never recognized as country :"
1t never had national government or 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 ''tbe
sovereignty Of the United States2" The
sovereignty of the United States is vested
IN the people of the States of the Union
The Dpnplp' have boi-
OF sovereignty in part, and only in part.
10 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 soy
ereignty which took it's 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
or the United States be called foreign to
the United States? How can Cuba be .or-
eign while 1t continues within the sphere
OF American sovereignty? Under interna-
tional law and the obligations that result
therefrom, the sovereignty of the United
Seo'eo 10 Tue ouly Sovereignty IttUSHiZtu
in Cuba today throughout the civilized
world All the governments of the world
must respect the territory OF Cuba as
United States territory.
II 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 legisla-
tive branch of the Observation-Disclosures.
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 a
Treaty OF Peace between the United States
and Spain.
l cannot understand why so able a law
yer as the Chairman ri the Committee
on the Affairs of Cuba" could fo- 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 |
rightfully any power of government over |
that island at the present time. He has |
that right, but 1t is not to be exercised as |
4 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
DR. coded territory. with civilized inhabi-
ants, must necessarily have government
IF 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 de facto
government. OF course, the de facto gov
exists only until a de jure gov
ernment is established by the conquering
,ower The President of the United States
las certainly no power to establish de
ure government anywhere. That power
an only be exercised by the legislative
branch. This being clear beyond question,
t appears to me to be the assertion of a
novel doctrine to say that so long as the
United States occupies the island oil Cuba,
lnder the treaty with Spain, and assumes
he obligations which arise from that oc-
under international lew, the Gov
which assumes that responsibility
,annot legislate for the protection of life
md property in the island If Cuba or
n regard to any other sovereign duty.
our Government the power of legisla-
ion is confined absolutely to Congress. 1t
ollows that the de facto GO CT .ment or
Executive control, now existing in Cuba.
s existing there only at the sufferance
# Congress. 1t is an axiom, If the Amer
CdH people ludl- III time OF peace, the
rmies and navies of the United States
annot be used for the government of any
,eople who are under the exclusive SOW
reignty Of the United States The mill
airy forces of the United States in Cuba
oday are performing police duty under
ne law of necessity and not military duty
s instruments of the Commander in
;hief of the Army
Every officer and soldier of the army of
he United States in Cuba today is as re-
ronsible before the laws of the United
tates for his actions there as if he were
erforming police dusy in Porto Rico or
daho. The act of Congress which pre-
cribes the rules and articles of war apply ;
here as fully as in any State in the Union. | ,
[ would therefore be asserting n strange ,
ootrine 10 say that act of Congress ,
assed now in respect 10 our national duty :
l Cuba would not have force there equally ,
18th the rules and articles of war.
Surely the learned Senator will not de-
y that the Rules and Articles of War"
re in full operation in Cuba today II
e admits the operation of this act of Com
ress then he is absolutely without foun-
atiOn for the assertion that Congress has
o power to legislate for Cuba
The doctrine of the law of nations as
ated by the Supreme Court of the Uuited
tates. in Pollard. Lessee. VS.. Hagan e. al
How, 2I2225) is that: Ever nation
cquiring territory by treaty or otherwise
iust bold it subject to the constitution
nd laws of its own Government, and not
ccording to those OF the Government ced-
'g it, This is no more than to say that .
hen the laws OF the former Government
ease to operate in any country occupied )
y the Government of another country. the'i
Tvs of the latter country superstd@ those
the former so far as the law making 4
of rho faffpr fry ,,,a- 7 .
ipersede them. This. therefore is. prac- n
ca Ky the status in Cmha Lnhn- The nr.la {