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

island Is equally amenable 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 Greats
new Offences. and their violation in Cuba
would be a violation OF that act Of Con-
sress. Congress can declare by Law. " t.
has not already so enacted. that no officer
OF the United States. civil or military.
/ snai receive any pay or emoluments from
any source whatever other than the salary
prescribed by law for his Office and forfeit
the commission OF any such officer Tor
accepting other compensation or emOiu-
ments: and no officer Of the Army would
for moment doubt that If he violated
that law he would forfeit his commission
Similarly Congress could amend the law
so as 10 authorize officers OF the Army to
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 ques-
tiOn the power Of Congress to 50 legis-
late will 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-snt BY
that phrase mean every branch Of that
Government and the people OF the states
are the governing power 10 Cu0a toby.
The whole world recognizes that iact and we
have assumed all the responsibility implied
by that recognition. Spain aud ether couu-
( tries have sent their ecnsuls there. not as
consuis to Cuba. but as Consuls to the
United states. These consuls are recog-
nized by our executive department. not as
cOnsuls to foreign countries, but as con-
suls TO the United States and their exc
quaturs are granted to them by cur Secre-
tary OF State as such consu's. VIII any
{ one seriously contend that Congress csn-
not legislate in regard to such consus in
Cuba and give them the protection OF our
federal courts. equally with other foreign
cousuls? OF course not. II any CT cur citi-
zens should violate our statutes in foreisn
countries. fer example inappropriate
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 legislate for
Cuba? Certainly not Spain. and certainly
not Cuba. because that island is wholly
subject to the sovereignty Of the United
States. Notwithstanding the dctum Of the
distinguished Senator from Connecticut.
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 to legis-
late for the government and welfare Of
those inhabitants. but that 1t 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, I Do not FOR a moment wish
it to be understood that I intend to detract
from the able, loyal. and patriotic course
pursued By our President throughout his
whole administration Of the artuCus and
responsible duties devOlvng upon him. and
I am quite sure he would be the last one
to attempt to wTest from or usurp the
Constitutional prerOgatiyes belonging to a
coordinate branch Of the Government that
he has sworn to observe and protect Very
respectfully. THOMAS p. OCHILTREE.