The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1901-01-15
OBJECT OF THE wkR.

I'VE do not think this question at all
difficult of solution If regard be had to
the avowed objects intended to be ac-
compfished by the war with Spain and
by the military occupation of that ISL
and "
Justice Harlan then reviewed the leg
islation preceding the war with Spain,
quoting the joint resolution of April 20,
1898, and the declaration of war which
followed on the 25th-of the same month
The protocol between the United States
and Spain and the Paris treaty were
reviewed for the purpose OF showing
not only the relation of the United States
to Cuba, but Spain's REIMBURSEMENT Of
sovereignty over the island. Notice was
taken of the establishment of a military
government over Cuba and Gov. Brooke's
proclamation Of Jan. 1, 1899 was quoted
The justice then referred to c3le govern
or's establishment Of various depart
ments in order to promote the civil gov
crnment of the island He also called
attention to the PRONUNCIATION of the
postal code, superseding all other Cuban
laws relating to postal affairs, and re-
lated that on the 18th of June last Gov.
Wood had made his requisition upon the
president for Neely.
Announcing the courts conclusions on
the status of Cuba, Justice Harlan said:
FOREIGN TERRITORY.
The facts above detailed make it clear
that Cuba is foreign te ritory with n The
meaning of the act of June 6, 1907. It
cannot be regardsd d in any co1si Gtional,
legal or international sense part Cf the
territory of the United States. While by
the act Of April .35, 1858, declared war bs-
tween this country and SPAN, the preSt-
dent was directed and empowered to use
our entire land and naval forces as vel
as the militia of the several states to
such an extent as was necessary to car
ry the act into effect, that auth rizltion
was not for the purpose of making CT ba
an integral part Of the United Sta tes but
for the purpose only Of compelling the
REIMBURSEMENT by Spain of its authority
and government in that island ard the
withdrawal of its forces from Cuba ana
Cuban waters. The legislative ard exec
utive branches of the government by the
Joint resolution of April 20, 1898, express y
ereignty, jurisdiction or control over
Cuba except for the pacifcation there
of and asserted the determine tion of the
United States that object being accom-
pliShed, to leave the government and con-
troll of Cuba to its own peopl=. All that
has been done in relation t. Cuba has
had that in view, ard 50 far as the court
is informed by the pubic history Of t-e
relations Of hts country, with that island,
nothing has been done inconsi tent wi h
the. declared object Of the war with
Spain.
"
gress because it IS under military gov
ernor, appointed by and representing tie
president in the work OF ASST ting the in
habitants of that island to establish a
government of their own under whieh, as
q free and independent people. they NAV
control their own affairs without inter-
ference by other nations. The occupancy
of the island by troops of the United
States was the necessary result of the
war That result could not have baen
avoided by the Unit d States consistent
ly with the principles of International
law or with its Cbiis ations to the PEOPLE
of Cuba It is true that as between
Spain and the United States, indeed as
between the United States and al for
eign nations Cuba upon the cessation OF
hosdli'ies with Spain, and after the
treaty of Paris, was TO be treated as if
it were conquered territory. But, as be-
tween the United States and Cuba, that
island is territory held in trust for ire
belongs, and to whose exclusive coatrol
It will bs surrendered when a stable gov
ernment shall have been establis he'd by
their voluntary action.
POWER OF CONGRESS.
The court also outlined the power OF
congress to legislate in the premises, say
ing:
ut cannot be doubted that when the
United States required and forced the
by Spain of her sovereign
ty in Cuba ard determined to occupy
and control the island until there vas
complete tranquility in all its borders,
and until the people Of Cuba had created
Cou4S1uod ~ Eou-1H, D1,.a