The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-06-18
MILITARY GOVERNMENTS IN TIME
or NVAR


OF WAR.
Senator Teller, who is cooperating with
the Democrats in trying to discredit Amer
lean administration in Cuba and the Philip
pines, has offered a resolution that 1.-The
secretary OF war be and he is hereby direct
ed to send TO the Senate a full itemized
statement of ali payments made out of
Cuban funds to any person or corporation,
if any, for the purpose of promoting reci-
patton of Cuba by the United States. and
Cuba at any time during the military occu-
patton Of Cuba by the United States and
whether such payments were authorized or
approved by the secretary OF war" AS the
secretary of war is an executive subordi-
nate of the President and has done nothing
in Cuba without the approval either of
President Roosevelt or of his predecessor,
this resolution is in effect aimed at the
President. From that point Of view it is a
question whether it does not interfere with
constitutional prerogative of the chief
executive. All our dealings in or with Cuba
were with foreign country. The Supreme
Court has SO decided. Resolutions of Con-
gress asking for correspondence or reports
relative to transactions with foreign coun-
tries usually accompanied with the
phrase. eff not incompatible with the pub
lie interests" The Teller resolution omits
this phrase and is almost Extensively man
datory in its terms.
Another point of view from which it is
open to criticism is in ignoring the almost
unlimited authority Of the President IN
time of war. Our government in Cuba was
a military government, with the President
as commander-in-chief of the army at it's
head. For all practical purposes we held
Cuba as conquered territory and the period
of our occupation of the island was tech
nically a period of war. AS Congress could
not have enacted the slightest law for the
government of Cuba. what right has it to
call for statement of expenditures by the
military authorities? The nearest approach
to the Cuban situation that has occurred
in our history was when, during the Mex
lean war, We occupied a portion of the
Mexican territory. At that time the party
opposed to the war questioned the constitu-
regard. President Polk adverted to the
subject in his annual message of 1916 as fol-
lows:
By the law of nations a conquered terri
tory is subject to be governed by the con-
queror during his military possession and
until there is either a treaty of peace or he
shall voluntarily withdraw from it, The
old civil government being necessarily su-
perseded, it is the right and duty of the
nd 70
provide for the maintenance of civil order
and the rights of the inha btants. This
right has been exercised and this duty per-
formed by our military and navl COM
manders by the establishment of temporary
governments in some of the conquered
provinces of Mexico, assimilating them as
far as practicable to the free institutions of
our own country.
In effect this asserts the paramount right
of the executive in time of war to exercise
his discretion in governing conquered or oc-
cupied territory independent of Congress.
In July, 1S4S, the Congress adopted a reso-
luton requesting the President to furnish
information in regard to the existence of
civil governments in New Mexico and Cali
fornia, their form and character, by whom
instituted. by what authority and how they
were supported and maintained. The Pres
ident replied in a message in which he
quoted from the Constitution and from
works on international law in justification
of his action in establishing temporary mil
itary governments. He said:
The temporary governments authorized
were instituted by virtue of the rights of
war. The power to declare war against
foreign country and to prosecute it accord
ing to the general laws of war. sane
toned by civilized nations, 1t will not be
questioned exists under our Constitution
When Congress has declared that war ex-
lists with a foreign nation the general laws
of apply to our situation. and il be-
comes the duty of the President. as the
constitutional commander-in-chief of the
army and navy OF the United States, to
! prosecute It, In prosecuting "A foreign war
thus duly declared by Congress we have the
right, by conquest and military occupation
to acquire possession of the territories of
/ the enemy. and during war to exercise the
| fullest rights of sovereignty over ii.
This was explicit assertion of the right
of the President as commander-in-chief of
the army to establish temporary govern
ments for conquered territory, and it set
tied the matter. Congress never called on
President Polk for "a full itemized state
ment" Of the expenditures connected with
these military occupations and govern
ments. nor for any statement whatever.
AS already stated. Cuba was to all in
tents and purposes conquered territory
The government during our occupation of
the island was a military government. and
it is doubtful if Congress has any right to
| call on the President or his secretary of
/ war for itemized statement of expendi-
| lures under it,