The sun. [volume] (New York [N.Y.]) 1833-1916, 1906-11-04
CUBA UNDER GENERAL BRo0KE.
He ReIessed MANY Prisoners victims o.
Spanish SaladminsstratiOD

~ NCtFSH@t "AAI HNAH"nU'@
spanish MaladninsxtratiOp.
To THE EDITION or The suN-Sir: In THs
Sun Of October % appears an editorial on
Cuba in which occurs the following: 1T IL q
fact. though, that two years after the Cuosns
had been Installed under our protection the
old Spanish method Of treating prisoners was
still observed by them. Not only that. but
no attempt had been made to ameliorate or
even inquire into the cases OF hundreds OF
unhappy c~aptives then languishing behind
the bars neglected. actually unknown. Gen.
J. p. Sanger. who took the census OF Cuba
under Secretary Alger's initiative, found men
In prison concerning whom there was no
record whatever. Nobody knew what crime
had been alleged against them. They didn't
know themselves. In many cases the Oldest
Inhabitants were ignorant OF their names.
their Identity and their origin. The situa-
ton had not changed In any important re-
spect. or to any considerable extent. after
two years OF the Cuban regime. The incom-
munisaio system had not been disturbed.
the writ OF habeas corpus was still UNI
dreamed of
These statements. made as they are In con-
nection with the taking OF the census, seem
20 me to indicate that the two years re-
ferred to were the first two years after Amer
lean occupation: and the question at once
arises, no matter what the Cubans thought
VI uus WIN WCl0 III "a
thorities doing all this timer II IL Is
intended to convey the idea that this con-
dition existed during the American military
administration. the statement IL certainly
a gross misrepresentation Of facts. reflect
ing upon me-, as I was the Military Gov
ernor during the first year OF the period
mentioned. I will not touch upon the year
my successor. Gen. Wood. was Military Gov
ernor. for he Is fully able to answer for his
adninfGfrafion The facts with rpfc rpnCe to
persons found in prison" are as follows:
Som prisoners were released by direction
Of the American Evacuation Commission
before the date January 1. 1901 Of military
occupation. Large numbers we're released
by the Generals commanding the military
departments into which the island was d.
vided. Investigation began. Tie records
show a case referred to me by a letter OF Gen.
Ludlow written January S. Ave days after
military occupation; and he continued his
Investigations. with the assistance OF an
officer OF the army detailed for the purpose.
Gen. Lee relea sed a number OF prisoners
without awaiting my action, which act IL later
became necessary for me to ratify, although
the Audiencia called attention to the fact that
they were not legally released and under
the law were liable to ~resrrest. These are
some Of the instances under my immediate
notice. -----
My successor continued the Investigation.
releasing OF disseminating prosecution against
large numbers OF prisoners. A single order
OF February H.. 1900. covered I79 names. 1t
must be understood that all these we're not
political" prisoners; all known to be such
were released Immediately. their friends
appearing for them when the American Gov
eminent took charge; nor we're they limo
cent persons" but. with hardly an exception
possible, they were persons who had been
arrested for offences committed. or were held
awaiting trial, or were persons already
under sentence of the courts. But many had
been In prison for long periods without trial,
or had been sentenced to excessive punish
ment for trivial ofercs All this was due
largely to the lethar gy Of the Spanish courts.
to the methods of procedure under the Span
ish laws and the corruption, perhaps. Of court
A Metals.
The decentralization Of persons there
tofore existing under the Spanish law was
abolished July 10. 1899. by order No. Ioa. It
had received earliest attention after the or
ganization OF the departments Of government
and practically before then.
Habess corpus was considered as early as
September 7, 1899, but was opposed by the
Cuban Secretary OF Justice as not being
adapted TO their system Of law, the civil law.
After a long consideration OF this subject
habeas corpus became a law October is, 1900.
by Civil Order APT of that date. Efforts TO
change or even 20 mOdlly inc spanish system
Of law we're opposed by the Cuban lawyers.
because they we're unacquainted with our
system Of Law and the benefits to be derived
from IL. and we're slow to accept changes the
value Of which they could not appreciate.
While all this may be favorable to the con
tention OF the writer Of the article that the
Cubans have no capacity for self-government.
which he cannot sustain by like
these which ] take exception to. there is no
authority for the conveyance Of any SUCCESS
ton that while Cuba was under American
control and military government there was a
failure on the part of those in power to carry
out and enforce principles of personal liberty
and TO educate the people, then unacquainted
with IL. to a knowledge of and the attainment
Of those things necessary to q condition Of
freedom and self-government.
To those who were there and know Of the
difficulties encountered in or organizing a gov
eminent out OF the existing chaos. OF procur-
ing peace and harmony amid discordant ele-
rnents, OF selecting from an unknown people
with a strange language men Of character.
standing and educ alton 20 hold Official posi-
tions, and Of dealing with a foreign legal sys-
TEN as we'll as a different form Of government
which had previously existed. there is no
necessity to speak. JOIN r. BROOKE,
Major-General. Retired.
NEW YORK. November 3