The state herald., 1901-03-01
BY WHAT AUTHORITY.


that the Cuban constitution may be
ratified" or rejected"
By what authority does the Ameri-
can congress presume to pass upon the
Cuban constitution? Unless the United
States has sovereignty, jurisdiction or
control over the island OF Cuba, no
such authority exists. And 1t will be
remembered that the war resolutions
distinctly stated that the United States
would not exercise Sovereignty, juris-
diction or control over said island ex-
cept for the pacification thereof"
With the adoption of these resolu-
tions congress delivered the Cuban
question over TO the executive who is
charged with the disposition Of that
question according to the terms Of the
war resolutions.
Since the Spaniards were driven out,
all authority in the island of Cuba has
been exercised by the president. or by
men deputized by him. The people Of
that island were able to choose mem
bers of a constitutional convention at
an orderly election; If that constitu-
tional convention adopts constitu-
ton nodded on the lines of republican
form of government, and an improve
ment in some respects over our own
constitution, 1t certainly must be ad-
mitted that ''pacification" has taken
place.
The Cuban people alone have the
authority to adopt or modify their
constitution. When government in
compliance with that constitution is
organized 1t will be the duty of the
president to withdraw the military
forces of the United States from that
Island. and leave its people to work
out their own destiny, overcoming OBJ
stacles in their own way exactly MS
other peoples have been required to
do.
The withdrawal of the United States
from Cuba and delivery of power there
to the constituted authorities of that
island. is purely an executive act. The
question of pacification involves very
simple fact. The executive knows, as
the world knows, that Cuba has been
pacitied. But If congress should as
sumo the authority to approve. reject
Or modify the Cuban constitution, the
United States would be assuming SOW
ereignty, jurisdiction and control over
the island of Cuba, things which the
United States expressly disclaimed.
II is contended by some friends of
the administration that it is essential
that the United States shall be given
suzerain powers in that constitution
that the Cuban people shall obllgate
themselves not to enter into treaties
with foreign countries without the
United States consent.
II is further claimed that 1t is neces-
sary. that the constitution shall de-
clare that there shall be no interfer-
ence with vested rights" in the island
OF Cuba.
In the first place, the claim to suzer-
ain rights is a distinct violation OF our
disclaimer that the United States
would not seek to exercise sovereignty.
jurisdiction or control over said island.
except for the pacification thereof. II
is a distinct violation of our pledge
that after pacification is accomplished
II is our Intention to leave the govern
ment of that island TO the Cuban peo-
pie.
In the next place there are no such
things morally or legally as vested
rights" in the island of Cuba accruing
during our military occupation of that
island.
IL is true that since our military
forces took possession there. syndl-
Gates having the favor OF the admins
trntion have rushed in and have OBJ
tained valuable franchises but these
franchises are the property OF the peo-
pie of Cuba. Our military forces were
there for tho purpose OF aiding In paci-
fication. and were not given authority
to vest any rights IN administration
favored syndieates.
The anxiety of these syndlcates to
maintain possession OF valuable fran
ehises Is perhaps the explanation Of
the disposition manifested by the sd-
ministratlon politicians to violate the
solemn pledge of this nation with re-
spect TO the island OF Cuba.
II may be that congress will Insist
upon passing upon the Cuban consti-
tuition. but this will be mere assump-
tion. II may be that congress will
seek to modify that constitution ac-
cording TO the whims OF administrn-
tion politicians and for the benefit OF
administration syndicates. but COM
gress will be treading on dangerous
ground. In law and In morals IL viii
be acting without asthority. In fact,
II will be triiiing with a people whose
history repudlates the presumption
that they will submit 10 imposition nt
the hands OF American syndIcates and
American politicians any more will
ingly than they would submit to M
position at the hands OF Spanish tyi-
ants.
The president has been very quick 10
encroaoh upon congressional prcrogn-
tive In the selection OF Philippine
commission empowered by him With
authority TO make laws and to collect
and disburse revenues In the Philip
pine islands. He now seems 10 be
equally ready TO surrender plain and
exclusive executive prcrorntiye In car
r, ing out the war resolutions with ro-
nroct to Cuba.
Tho Morgan Rockefeller Hartman
railroad syndicatc is prepared TO show
the evils that would follow the control
of all the railroads by the government.
The first owl they would point out In
that OF having such an immense power
given Into the hands OF a few.
4 large number OF gcntlemon who
appeared IT hnnqucts on February ls
and talked about the patriotism and
wisdom Of Abraham Lincoln claim TO
be thorough patriots and altogether
wise for promoting the very principles
tina, Abraham Lincoln denounced.
Congress In considering the matter
a organizing a National Standar''iE-
Ing Bureau" n organized properly Il
viii probably be run with Standard oil.