The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-02-01
APERPLEx1NG QUESTION.

Washington dispatches indicate a differ
ence of opinion regarding the extent of the
authority of the United States to dictate or
supervise the Cuban constitution. There is
also some popular Misrepresentation on the
subject. The relations between the two
countries are so peculiar and so entirely
without precedent that it is not surprising
Reference to the record may help to clear
away some Of the misrepresentation.
On the 18th of April. 1898, Congress adopt
ed a joint resolution declaring that "the
people of Cuba are and of right ought to be
free and Independent" authorizing the
President to use the army and navy of the
United States to drive Spain out Of Cuba.
and concluding as follows:
That the United States hereby disclaims
any disposition or intention to exercise SOW
ereignty, jurisdiction or control over said
island, except for the pacification thereof
and asserts its determination, when that is
accomplished, to leave the government and
control of the island to its people.
This is the only declaration Congress has
made on the subject. 1t does not. as many
have thought. pledge Congress to the estab-
lishment of stable government in Cuba or
any kind of government. The pledge is to
pacify the island-that is, restore peace,
and then to leave the government and con-
troll of the island to its people. The recent
decision of the Supreme Court in the Nicely
case quoted this declaration in support of
its position that, as far as the United
States is concerned. Cuba is foreign terri
tory. The military occupation OF the
island by the United States for temporary
purposes was justified on war grounds. The
court said:
Cuba is none the less foreign territory
within the meaning of the act OF Congress
because IL is under military governor ap-
pointed by and representing the President
i'm the work of assisting the inhabitants of
that island TO establish a government of
their own, under which, free and in
dependent people. they may control their
own affairs without interference by other
nations. The occupancy OF the island by
troops of the United States was the neces-
sary result of the war. AS between
the United States and Cuba, that island is
territory held in trust for the inhabitants
of Cuba. to whom Il rightfully belongs. and
to whose exclusive control II viii be sur,
rendered when a stable government shall
have been established by their voluntary
action
The court held that the duration Of mill
tary occupation was a question for the po-
Iitical branch of the government to decide.
but intimated that II should end with the
pacification of the island. The island has
been completely peaceful for considerable
length of time and the people have formed
constitution. Probably IL is not a very
good one. and. perhaps. they not fitted
for self-government, anyway, but under the
pledge of Congress and the decision of the
Supreme Court regarding the scope, extent
and duration Of American authority in the
island. the question is whether Congress
has a right TO revise the constitution adopt
ed by the1Cuban convention elected for that
purpose The question is not an easy one
TO decide. On the hand there Is the
danger Of exercising a degree of SOW
ereignty and control over Cuba which Con-
gress is distinctly pledged not TO exercise
and. on the other hand. there is the danger
OF recognizing the independence OF a loose