New-York tribune., 1901-06-03
FROM A SENATE DOCUMENT

Serafe Document" The document II V-S9'4o'4 -
rains all the papers relating 10 the making OF TIE
treaty with Spain. ME. Webster says:
II has been general belief that the protocol and
treaty dictated TO spain by the Presldent
unTesstIngly signed by her. but the official docu-
ments show that, while that may DE true OF 'he
protocol. il is OF the treaty J.,
The fact that the protocol was forced on SPAN
by the President without explanation OF ne mean .
ing of his language in regard 10 the Philippines
proved inconvenent and costly Tor ne amt tad
commissioners IN the negotiations, ~dlcA; ;raHsrS
OF running smoothly under American oIg pFfSi have
been the effect had the President deit dehIitte3 ana
pla!ned that the words control disposition I a-
Teet bE Spain of soyereisnfy over The Philippines
csnnot ne Known Til the secrets OF the spanish
President could then have been more cahui'4,
washington had not in August. 1888. formulated
their requirements in the archipelago; ,,-,,,a,.
The midnight intimat!Cn by one OF me fTeSlueli'
commissioners alr Whiteaw Reid TO the Spanish
or -FOUR days after the deadlock over the Cuban
debt, cabed to Washington 10y hr; .. .aA ois of
october q. reads like page from a history OF
diplomatic fnesse in the seventeenth century. me
Spanieh Ambassador having said 10 Mr.. Reid that
The Spanish commissioners could not then return
10 Madrid If known 10 have accepted entire up5n
Indebtedness, and II forced TO answer linheuattIE
the American questions regarding debt, must an
swer No and break of the conference, ~ MI, r. R,ri
replied Thar his countTEneh were hot E'tE 'iSsti i
for Philippines; that prepondeiance of sentl-
but an Influential minority did not 20 to that
ength and theref@Te II was p@sstpts & aS Sud ig1
s3tbe- in territory or debt. which might seem 10
their people AT home like a concession" ON IN
next day the Spanish secretary OF the commission
Philippines and said that no government At Madrid
eould surrender al and live, for such sI,rrenaer'
Mr. Day added in his cable that rupture Of the
rrssped AT a hint thrown out in the conyersat tion
Of Mr. Reid last night with AmhasSador." That
hint was payment in money FOR the Philippines!
Mr Webster then traces the negotiations in de-
tail The American commissioners refused to have
anything tc do with Cuban sovereisnty Cuban
sebts Porto Rtcan debts. The Spanish commits
Fioncrs acquiesced. Professionally, I'm the American
demands. and then asked 10 have the Philippine
requirements formulated. The Americans We're not
unit TO what these requirements should be
Davis. Frye and Reid said that II would
be a naval. political and commercial mis-
take 10 divide the archipelago. as the President
had ordered in his first instructions. Day could
ronsent TO peremptorv demand of the entire
archipelago Gray did not deem It wise to take
eny OF the islands
washington was cabled for further instruc-
tons and ION the next day the Secretary Of State
cabled the Presidents reply which was in the
opening sentence. almost transcript Of the first
sentence in the cabed opinions Of Davis. Frye and
Reid"
Then came the question OF money payment on
account Of the PHILIPPINES, and each commissioner
cahled his views:
Day would minimize holding TO the lowest
pont consistent with our obligations" which he
imitv. He added that We should not seek more
10 take whole group he would offer a lump
fly would take the entire group, paying sl0oooec)
wnlch re thought 1ar estimate OF the debt prop
moi recognize the Philippine debt hut would pay
resume hostilities. Davis would not pay a dollar.
Tssensa 2na %Sg4 ,6 y ing {sTd On the aTeay
ISrnsr objections agsRst acquiring any Of the
of peace was .arnnlensely, ir1nnrfarf+. ,bar tba
protocol required tn fate Of the Philippines 10
ne determined by treaty which the United States
pad no right 70 dictate. but must negotiate with
not obtained war wouI5 h. res,iTed 'olSic T & Ie
quest ruthessly made Therefore he would be
professions Of disinterestedness with which tie
payment.
Mr. Webster dwells the discussions as 10
whether the Philippines could be held by right Of
conquest He concludes with a striking suggestion
as 10 the present application OF the historic ground
taken by The United states for three-quarters
OF 4t a century that if Cuba passed ont Of SPANS
foreign government.
Secretaries OF State at Washington had during
E eluarters oI century kept Cuba in mind.
f9r double reasons OF defence of the island against
own military and naval security each President
in the Atlantic Ocean must II It passed out Of
- .ne hanos Gf spain be owned by foreign gov
eminent but IN lssS Congress seemed for ne mo-
be b ~ 10 Iorset that cuba after pacihcaton was -
on the very day ~ itsla t "a Po~rr I2reisn 10 u
S enai yer The President when demanding from
and government in Cuba aud It's waters accom-
panied me demand with declaration Of Ire i;t5u-
tol - me hited states not 70 control the island
eNcfptins for it's pacihcation," and Of the deter
10 its people under such free and In6enerdlnt
government as they may establish" That Vas IN
Altrgistic feryor in 1895 over Cuban subjects Of
SpaIia mas produced results intended. and unin-
public Ian. The statute OF that year began in iit
first clause. by declaring. that the Cijlsn neo,Ic
ARE free and nde2endent in b4 t6,T9 i'G l r'o'if
authorizod the President 10 use the army and navy
20 20 ma MAKE & them free and independents and, fna H.
n me fourth clause, asserted that when the island
6aa oeeA pacited its people must be free ana in
When Spain urged at Paris that abandonment of
luna might leave IL prey 10 anarchy the Amer
thents now before US. as having promptly replied
uons Of International law flowing from occllpa lion
ed o. me Island Something Ike that is in the
Sieiy sio may have modified the fourth sef-denying
Our supreme Court has adjudged that Cuba is. as
10 me Jnitsd States, foreign country. Under
the statute y 1855 and the protocol OF that year in
Lhs5ltants OF \ba were not Spanish subjects: they
PeaaeSTt Pea by s been @ S esSarea free ana nde
as as Vel. the sovereignty Of Cuba left floating
VIA! is the delnition Of the legal relation Of the
ffesident and Congress 10 the island2 Who is the
non Sand Is scuped ana mo- hdd bgion! bg or aTms Sqes
bur has congress constitutional Jurisdiction there
where the United States is not the sovereign nor
are Cubans American citizens? Is Cuba a state
with which the United States can now make a
treaty. or only fictitious state? Perbams - "a Ia
q state De jure. but not de facto. The United
Ia.ss Government row occupies Cuba IN order TO
pSclIy H. but has Cuba no right TO decide the
'Nu4'di-Ss Siail cease Power TO he
rant she certainly has not. whatever MAJ be her
rlght, and, besides the exercises OF that mower
would not tend to pacify the island Tho condt-
ton OF cuba under the law OF 1898. the protocol
hEu ueatE' was novel and unique, but what
mas II come 10 be under the army law of March .
Isl prescribing the eight conditions under which
me PRESIDENT may withdraw the army and navy
ana leave the government and control of the ISL
ana OF cuba 10 its people the fourth sef-denv-
ing clause OF The law of 1898 required? The Law of
ne rsenf year comedies TO the Cubans nothing else
than submission TO the recently dictated conditions
under which their island can be free and inde-
pencent That is sequence probably not con-
-hO1N il, sr.rsnT soc.